இந்தியாவின் அரசியல் சட்டம்

Constitution of India

Fundamental Rights

The Constitution of India guarantees several fundamental rights to its citizens, as outlined in Part III of the Constitution. Some of the primary fundamental rights include:

• Right to Equality: The state must ensure equality before the law and equal protection of the laws for all citizens (Article 14). Discrimination based on religion, race, caste, sex, place of birth, or any of these factors is prohibited (Article 15).
• Right to Freedom: This section covers various freedoms, including freedom of speech and expression, assembly, association, movement, residence, and occupation (Article 19). Additionally, citizens have the right to practice any profession, trade, or business (Article 19).
• Protection Against Arrest and Detention: Citizens have the right to be informed of the grounds of arrest, consult with legal counsel, and be released on bail (Article 22). This section also covers preventive detention, wherein the state can detain individuals without trial for maintaining public order, security, or peace (Article 22).
• Right to Constitutional Remedies: Every individual has the right to approach the Supreme Court for the enforcement of the rights conferred by this Part (Article 32). Furthermore, the Supreme Court can issue directions, orders, or writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce these rights (Article 32).

Preamble

The Preamble to the Constitution of India sets forth the objectives, principles, and ideals that the Constitution aims to establish and protect. It declares the objective of promoting fraternity, assuring justice, and securing the welfare of citizens by providing for their social, economic, and political advancement through a democratic state, rule of law, liberty, equality, and fraternity (Article 1).

Amendment Procedures

Article 368 provides the power of Parliament to amend the Constitution without any limitations on amending provisions related to fundamental rights or directive principles (unless specified in Article 304). However, certain changes require ratification from the Legislatures of not less than one-half of the States, such as alterations to seven specific articles: 54, 55, 73, 162, 241, 279A, Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI (Clause 2(b) of Article 368). Additionally, changes to part of the Seventh Schedule regarding the distribution of powers between the central government and states, the representation of States in Parliament, or the powers of the Supreme Court require ratification (Clause 2(c) of Article 368).

Federal Structure

The Constitution of India establishes a federal system with three lists of governmental powers distributed among various entities. The Union List contains powers held solely by the central government, the State List contains powers held solely by individual states, and the Concurrent List contains powers shared between both levels of government (Seventh Schedule). The President serves as the head of the union executive, while governors are appointed individually for each state.