Constitution.pdf

Constitution of India and Human Rights Code- AECC301 The Constitution of India is the supreme law in India. A constitution is a set of rules and regulations guiding the administration of a country. The constitution of India is the fram...

Constitution of India and Human Rights Code- AECC301 The Constitution of India is the supreme law in India. A constitution is a set of rules and regulations guiding the administration of a country. The constitution of India is the framework for political principles, procedures and powers of the government. It is also the longest constitution in the world. Originally, it consisted of 395 Articles arranged under 22 Parts and 8 Schedules. As of 2023, after many amendments it has 470 Articles, 12 schedules, and 25 Parts with 5 appendices and 98 amendments. The original constitution was written on 26 November 1949, and was made the center of law on 26 January 1950. The Preamble of the Indian Constitution reads: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. What are the salient features of Indian Constitution? Before making the present Constitution, the framers examined Constitutions of various countries of the world and also the working of the Government of India Act, 1935. They liberally borrowed appropriate provisions from Constitutions of many countries of the world. The Constitution so adopted has the following salient features— 1. The Lengthiest Constitution in the World.-  Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive, elaborate and detailed document. The Indian Constitution originally consisted of 395 articles divided into 22 Parts and 9 Schedules. Presently, it consists of a Preamble, about 450 articles divided into 24 Parts and 12 Schedules. 2. Parliamentary Form of Government.- The Constitution of India has opted for the British Parliamentary system of Government rather than American Presidential System of Government. The Parliamentary system is based on the principle of co-operation and co-ordination between the legislative and executive organs while the Presidential system is based on the doctrine of separation of powers between the two organs. 3. Unique Blend of Rigidity and Flexibility.- The Constitution of India is neither rigid nor flexible but a synthesis of both. A rigid Constitution is one that requires a special procedure for its amendment while flexible Constitution is one that can be amended in the same manner as ordinary laws are made. 4. Fundamental Rights. - Part III of the Indian Constitution guarantees six fundamental rights to all the citizens— (a) Right to Equality (Articles 14-18); (b) Right to Freedom (Articles 19-22); (c) Right against Exploitation (Articles 23-24); (d) Right to Freedom of Religion (Articles 25-28); (e) Cultural and Educational Rights (Articles 29-30); (f) Right to Constitutional Remedies (Article 32). The Fundamental Rights are meant for promoting the idea of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. 5. Directive Principles of State policy. - The Directive Principles of State Policy contained in Part of the Constitution set out the aims and objectives to be taken by the state in the governance of the country. According to B.R. Ambedkar “the Directive Principle of State policy is a novel feature of the Indian Constitution. They can be classified into three broad categories, Socialistic, Gandhian and Liberal-intellectual. 6. Fundamental Duties. - By Forty-second Amendment Act, Part IVA has been added to the Constitution which enumerates certain fundamental duties of the citizens. Originally, ten duties were enlisted in clause (a) to (j) of article 51A. Clause (k), which imposes duty on parents/wards has been added by the Constitution (86th Amendment) Act, 2002. 7. A Federation with Strong Centralizing Tendency. - The term ‘federation’ has nowhere been used in the Constitution. Article 1 describes that India “is a Union of States” which implies two things: Firstly – Indian federation is not the result of an agreement by the States; and secondly – no State has the right to secede from the federation. The Constitution of India establishes a federal system of Government. It contains all the usual features of a federation viz., two governments, division of powers, written Constitution, Supremacy of the Constitution, rigidity of Constitution, independent judiciary and bicameralism. 8. Adult Suffrage. - In India every person, male or female, who has obtained the age of 18 years, is entitled to vote in elections to Parliament or State Legislatures. Originally this age limit was 21 years but after the 61st Amendment Act, 1988 it was reduced to 18 years. 9. An Independent Judiciary. - Independence of Judiciary is essential for impartial adjudication of disputes between individuals, between Union and State, between Union/State and individuals, between Union and States or between States inter se. The Supreme Court stands at the top of the integrated judicial system in the country. Below it, there are High Courts at the State level. This single system of courts enforces both the Central laws as well as the States laws.  The Supreme Court of India is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution 10. A Secular State. - The Constitution of India stands for a secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State. The term ‘Secular’ was added to the Preamble of the Indian Constitution by the 42nd Amendment Act, 1976. Articles 25-28 of the Constitution give concrete shape to this concept of secularism. 11. Single Citizenship. - In most of the federation, people have double citizenship, citizenship of the Union and citizenship of one of the several States which form the Union. Every citizen is the citizen of India and enjoys the same rights of citizenship no matter in which State he resides. 12. Separation of Powers. - This doctrine was for the first time properly formulated by the famous Jurist Montesquieu in his script Des Lois and exercised great influence on the French legal system. Doctrine of separation of powers implies that powers of the three organs of the government viz., Legislative, Executive and Judiciary should be kept separate from each other. THE FUNDAMENTAL RIGHTS, DPSP & FUNDAMENTAL DUTIES: Fundamental Rights: Introduction: The Fundamental Rights are those rights which are essential to the all-round development of human beings. The fundamental rights are protected by law and enforceable before the court of law. It ensures the individual liberty of the people. The fundamental rights are not absolute rights, they are restricted on the grounds of the interest of sovereignty and security of India, interest of public order, morality and decency, protection of interest of weaker sections in the society, like SC, ST, women, etc. The fundamental rights are guaranteed Part III of the constitution from Articles 12-35. Originally, the constitution provided for seven types of fundamental rights. But, the Right to Property was repealed by 44th Constitutional Amendment Act in 1978 from the chapter of fundamental rights and was converted as a legal right under article 300(A) in Part-XII. Six types of Fundamental Rights: Right to Equality (Article 14-18) Right to Freedom (Article 19-22) Right against Exploitation (Article 23-24) Right to Freedom of Religion (Article 25-28) Cultural & Educational Rights (Article 29-30) Right to Constitutional Remedies (Article 32) 1. Right to Equality [Article 14-18] Article 14 proclaims: The state shall not deny to any person "equality before law" and "the equal protection of law" within the territory of India. The two expressions "equality before law" and "equal protection of law" have been taken over from the British Constitution (Concept of A. V. Dicey) and U. S Constitution. Article 15 prohibits the state to make discrimination as between citizens on grounds of religion, race caste, sex or place of birth. [Exceptional for the welfare of women, children and backward sections]. Article 16 guarantees equality of opportunity to all citizens in public employment. [Exceptional for SC, ST, Women] Article 17 ensure for the abolition of "untouchability." Article 18 abolishes such practice and prohibits conferment of all titles except military and academic distinctions. 2. Right to Freedom [Article 19-22) Article 19(1) of the constitution guarantees to the citizen of India the following 6 fundamental freedom [originally "seven freedoms". But the Right to acquire, hold and dispose of property was removed by the 44th Constitutional Amendment Act of 1978 and transferred to Article 300(A)]. — Freedom of Speech and expression. — Freedom of Assembly without arms. — Freedom to form Associations. — Freedom to move freely in territory of India. -- Freedom of residence. — Freedom of profession, trade, business.  Article 20 guarantees protection in certain respects against conviction for offences. a) No Ex-post Facto Law. b) No Double Jeopardy. c) No Self Incrimination. Article 21 provides that the protection of life and personal liberty. Article 21(A), the state shall provide free and compulsory education to the children of the age of 6 to 14 years, [Article 21(A) was inserted in the Constitution by 86th Constitutional Amendment Act in 2002] Article 22 Guarantees protection against arrest and detention in certain cases. 3. Right against Exploitation [Article 23724] Article 23 of the constitution guarantees traffic in human beings and beggar and other similar forms of forced labour are prohibited. ["Traffic in human beings" means selling and buying women children like goods.] Article 24 prohibits employment of children below the age of 14 years in any hazardous jobs i.e. child labour mainly. 4. Right to Freedom of Religion [Article 25-28] Article 25 deals with freedom of conscience and free profession, practice and propagation of religion. Article 26 grants freedom to manage religious affairs subject to public order morality and health and every religious denomination or any section thereof shall have the right. — to establish and maintain institutions for religious and charitable purposes.  Article 27 lays down that the freedom as to payment of taxes for promotion of any particular religion. [it mentions that no person shall be compelled to pay any tax for the promotion of religion] Article 28 grants freedom as to attend at religious instruction or religious worship in public educational institution. 5. Cultural and Educational Right [Article 29-30] (Protected for minorities) Article 29 provides protection of interest of minorities. (Cultural right)  Article 30 deals with Right of minorities to establish and administers educational institution. [it provides to religious, educational and 'cultural institution, the right to own, possess and dispose immovable property.] (Educational Right) 6. Right to Constitutional Remedies [Article 32] Article 32 clearly mention the remedies for enforcement of the Fundamental rights including writs. [it provides institutional framework for the enforcement of the Fundamental Rights by the Supreme Court.] Writs 1. HABEAS CORPUS (To have the body off): The writ of habeas Corpus in the nature of an order. It is issued against wrongful detention. By issuing such a writ the court can order that a person who has been imprisoned be brought before it to know the reason of his detention and set him free if there is no legal justification for the imprisonment. The words 'habeas corpus' means to have a body. 2. MANDAMUS (We order or we command): Mandamus means 4graniand. It commands the person to whom it is addressed to perform some public or quasi-public legal duty which he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy. 3. PROHIBITION (To forbid): The writ of prohibition is issued by the supreme count or a high court to an inferior court or a lower court forbidding the latter to discontinue proceeding in a case which is outside its jurisdiction. 4. CERTIORARY (To be informed on certified): The writ of certiorari is issued to a lower court after a case has been decided by it quashing the decisions or order. It is issued when a court acts beyond its jurisdiction. 5. QUO WARRANTO (By what authority of warrant): It is a proceeding by which the court enquires into the legality of the claim of a person to public office and to remove him from enjoyment if the claim is not well-founded. Directive Principles of State Policy Definition and Purpose:  Part IV of the Indian Constitution (Articles 36-51).  Aim to create social and economic conditions under which citizens can lead a good life.  Serve as guidelines for the state to formulate policies and laws. Key Features: Non-justiciable: They are not enforceable by any court. Fundamental in the governance of the country. Inspired by the Irish Constitution and Gandhian principles. The D.P.S.P are in the nature of general directions to the state. The D.P.S.P. constitute a very comprehensive economic, social and political programme for a modern democratic state. The D.P.S.P are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation, but it helps the courts in examining and determining the constitutional validity of law. The main objective of D.P.S.P, to set up a welfare state.  The D.P.S.P are included in Original Constitution in part-iv from Article 36-51. The framers of the constitution borrowed this idea from the Ireland. The constitution does not mention any classification of D.P.S.P. However, on the basis of their content and direction, they can be classified into three categories- 1. Gandhian Principles 2. Liberal Principles 3. Socialist Principles 1. Gandhian Principles: A. Organization of village panchayats. [Art 40] B. Prohibition of slaughter of cows, calves and mulch cattle etc. [Art 48] C. Promotion of educational and economical interest of SC, ST and weaker section in the society [Art 46] D. Promotion of cottage industries etc. [Art 43] 2. Liberal Principles: A. To provide free and compulsory education of all children until they complete 14 years of age [Art 45]. B. To ensure a uniform civil code for all citizens [Art 44]. C. Protection of environment and safe guarding of forest and wildlife [Art 48(A)]. D. Promotion of international peace and security [Art 51]. E. Separation of judiciary from Administration [Art 50]. 3. Socialistic Principles: A. To ensure a living wage etc. [Art 43] B. To promote the welfare of the people [Art 38] C. To secure adequate means of livelihood; Equal pay for equal work etc.[Art 39] D. To provide equal justice and free legal aid to the poor etc. [Art 39(A)] Amendment of D.P.S.P: The constitution originally included 13 principles of D.P.S.P presently, there are 18 principles. 42nd Constitutional Amendment Act, 1976. 4 new D.P.S.P were inserted [Article 39, Article 39(A), Article 43(A), Article 48(A)] in chapter of D.P.S.P.  97th Constitutional Amendment Act, 2011(2012), Article 43(B) was inserted as new D.P.S.P in the constitution. Importance of D.P.S.P : D.P.S.P are the novel feature of the constitution described by Dr. B. R. Ambedkar. D.P.S.P embody the concept of a 'welfare' state and not that of a 'police' state. They seek to establish economic and social democracy in the country. D.P.S.P have not any legal force while. K.T. Shah compared them "like a cheque on the bank, payable only when the resources of the bank permit." Fundamental Duties Fundamental Duties are one of the novel features of the Indian constitution. Fundamental Duties are obligatory in nature. But there is no provisions in the constitution for direct enforcement of these duties. There is no sanction either to prevent their violation. The original constitution did not mention anything about Fundamental Duties. In 1976 by 42,nd constitutional Amendment Act. Mrs. Indira Gandhi at, first included ten Fundamental Duties for the citizens on the recommendation of "Sardar Swaran Singh Committee." At present there are eleven Fundamental Duties. [The eleventh Fundamental Duty [51(A)(K) was added by 86 th Constitutional Amendment Act of 2002]. The Fundamental Duties were inspired by the constitution of U.S.S.R. or Russia. Article 51(A) in part iv(A) deals with-the-details of Fundamental Duties: A. to abide by the constitution and respect the National Flag and the National Anthem. B. to cherish and follow the "noble ideals" which inspired our national struggle for freedom C. to protect the sovereignty, unity and integrity of India. D. to defend the country. E. to promote the spirit of common brotherhood amongst all the people of India. F. to preserve the rich heritage of our composite culture. G. to protect and improve the natural environment. H. to develop the scientific temper and the spirit of enquiry. I. to safeguard public property. J. to strive towards excellence in all sphered of individual and collective activity  K. Every parent or guardian to provide opportunities for education of his/her child or ward between the age of 6-14 years. Relevance:  Enhance the spirit of patriotism and uphold the unity of India.  Encourage responsible behavior among citizens. Enforcement:  Not enforceable by law.  Moral and ethical obligations.  Educational and awareness programs promoted by the government. Combined Relevance and Impact:  Together, DPSP and Fundamental Duties aim to create a balanced framework for the development of a responsible and progressive society.  DPSPs guide the state in policy-making, while Fundamental Duties remind citizens of their role in nation-building.  Both contribute to the overall goal of achieving social, economic, and political justice as envisioned in the Preamble of the Constitution. Union Executive-President, Vice President The Union Executive in India consists of the President, the Vice-President, the Prime Minister, and the Council of Ministers. The President and the Vice-President hold significant roles within this framework. Here is an overview of their functions, powers, and roles: President of India The President of India is the head of state and the supreme commander of the armed forces. The President's role is largely ceremonial, but they have significant powers and responsibilities. Powers and Functions: Executive Powers: Appoints the Prime Minister and, on their advice, the Council of Ministers. Appoints Governors of states, judges of the Supreme Court and High Courts, and other key officials. Can seek information from the Prime Minister on various administrative matters. Legislative Powers: Summons, prorogues, and dissolves the Parliament. Addresses both Houses of Parliament at the commencement of the first session after each general election and the first session of each year. Can promulgate ordinances when Parliament is not in session. Financial Powers: No money bill can be introduced in Parliament without the President's recommendation. Lays the Union budget before Parliament. Judicial Powers: Has the power to grant pardons, reprieves, respites, or remissions of punishment. Can suspend, remit, or commute sentences of any person convicted of any offense. Military Powers: Supreme commander of the Indian Armed Forces. Appoints chiefs of the Army, Navy, and Air Force. Diplomatic Powers: Represents India in international forums. Appoints Indian ambassadors and high commissioners to other countries. Election and Term: Elected by an electoral college comprising elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union territories. Serves a term of five years but can be re-elected. Vice-President of India The Vice-President of India is the second highest constitutional office in the country and serves as the ex- officio Chairman of the Rajya Sabha (Council of States). Powers and Functions: Legislative Powers: Presides over the sessions of the Rajya Sabha. Ensures the smooth functioning of the Rajya Sabha and maintains order in the house. Decides on points of order raised in the Rajya Sabha. Executive Functions: Acts as President in the absence of the President due to illness, death, resignation, or removal. Can exercise the President's functions as Acting President during the President's absence. Election and Term: Elected by an electoral college consisting of members of both Houses of Parliament. Serves a term of five years but can be re-elected. The President and the Vice-President play crucial roles in maintaining the balance and functionality of the Indian democratic system. Their powers, while sometimes ceremonial, are pivotal in the administration and governance of the country.