Indian Constitution Notes - I Sem PDF

# Indian Constitution ## 1947-1950: Constituent Assembly: - The members of the Constituent Assembly were elected by the provincial assemblies or legislative assemblies of various provinces. - 9th Dec, 1946 First meeting of the Constituent Assembly held. - Dr. Rajendra Prasad elected as permanent...

# Indian Constitution ## 1947-1950: Constituent Assembly: - The members of the Constituent Assembly were elected by the provincial assemblies or legislative assemblies of various provinces. - 9th Dec, 1946 First meeting of the Constituent Assembly held. - Dr. Rajendra Prasad elected as permanent Chairman later became the first president of India. - Adopted the "Objective Resolution" of Jawaharlal Nehru which became the preamble of the Indian Constitution. - Totally 11 sessions. - Assembly sat for 2 years 11 months and 18 days. - 24th Jan, 1950 Last sitting of the Constituent Assembly. - Jana gana mana adopted as national Anthem. - Dr. Rajendra Prasad elected as First President of Union India. - Constituent assembly started its work in 1946 and completed its work in Jan, 1950. ## 29th Aug, 1947: Constitution Drafting Committee was set up - 7 members - Dr. Ambedkar - Chairman - Gopalswamy Ayyangar - Alladi Krishnaswamy Ayyangar - KM Munshi - Mohammad Sadulla - Madav Rau N replaced by BL Mittal - T.T. Krishnamachari replaced by DP Kitan ## Draft Published in Jan, 1948: - 8 months' time given to people of India to study, discuss the draft to suggest about the same. - Adopted on 26th Nov, 1949 by the constituent assembly. - Came into full force from 26th Jan, 1950. - In all, the Constituent Assembly took 2 years 11 months 18 days from 9 Dec 1946 to prepare the CONSTITUTION. - The Constituent Assembly made the Indian Constitution. - The number of articles in the Indian Constitution was 395 and now it is 448. ## 2. Salient Features of Indian Constitution: ### 1. Lengthiest constitution in the world: - It is a bulky/large document. - All the provisions are in detail. - Originally - 395 articles, 22 parts, 8 schedules - At present 448 articles, 25 parts 12 schedules. ### 2. Written constitution: - Indian Constitution is Written and bulky document. - All the provisions reduced into writing. ### 3. Partly flexible and partly rigid constitution: - Described on the basis of the nature of the method of amendment. - Flexible Constitution means Constitution can be amended easily by adopting a simple method by Parliament. - Rigid Constitution means Constitution amendment is very difficult by adopting Special method - 1/3 of Parliament members should present and vote in majority. ### 4. Parliamentary form of Democracy/Government: - Constitution establishes a Parliamentary system of Govt of British Model. - The president is the Constitutional Head of the state and also the nominal head, the real power is vested with the Council of Minister headed by the Prime Minister. - Council of ministers collectively responsible to the Lower House of Parliament - Lokasabha. - Bicameral legislature means Two houses - Lokasabha and Rajyasabha. - Members of LS elected directly by people for 5 years. ### 5. Fundamental Rights: - FRs are part and parcel of the Original Constitution under Part III, Art. 12 to 36. - Totally 6 FRs - Right to Equality, Right to freedom, Right against exploitation, Right to religion., Cultural and Educational rights of the minority, Right to Constitutional remedy. ### 6. DPSP(Directive Principles of State Policy): - PART IV, Art.37-51. - Object to establish a welfare state. - Can be divided into 1) Socialistic principle 2) Gandhian Principles 3) Liberal principles. ### 7. Quasi federal constitution: - Constitution of India is Unitary in form but federal in spirit. - Sharing or Distribution of power between the central Govt and the state Govt determines that Indian Constitution is Federal Constitution and is Based on 3 lists a) union list b) state list and c) concurrent list. - Under the Indian Constitution, the subjects of administration have been divided into three lists - a) union list b) state list and c) concurrent list. - Combination of Unitary and federal form of Govt. with Strong central Govt at the national level and various state governments. - Unitary during Emergency. - Single citizenship. - Single Constitution both center and state. ### 8. Secularism constitution: - State has no religion. - All religion equal. ### 9. Independent Judiciary - Power of Judicial Review - Equal distance from Legislature and executives - Impartial decision - To keep up the confidence of the people there must be independent judiciary. ### 10. Indian Constitution provides Single Citizenship to the citizens. ### 11. Fundamental Duties: - No provision in original Constitution. - Inserted 10 FD's by 42nd Amendment Act, 1976. - Inserted one more FD's by 86th Amendment Act, 2002. - Now we have totally 11 FD's. - To remind the Public about their duties towards the nation because citizens must observe basic norms of democratic conduct. ## 3. Preamble of The Constitution ### 3.1 Meaning: - It is a sort of introduction to the Constitution - Important to identify the basic features of the Constitution of India is Preamble. - The basic feature of the Indian Constitution is found in Preamble. Preamble is an expression of the wishes and the thought of the makers of the Constitution. - It expresses the wishes and the thought of the makers of the Constitution - It is a key to open the minds of the Constitution makers. - It is a key to open the minds of the Constitution Makers. - The minds of the makers of the Indian Constitution is reflected in Preamble. - The minds of the makers of Indian Constitution is reflected in Preamble. - The preamble contains in the nutshell the ideals and principles of members of the drafting committee. - Preamble is on the basis of Nehru's "Objective Resolution" in the first meeting of the Constituent Assembly - 9th Dec. 1946. - Preamble is on the basis of Nehru's "Objective Resolution" in first meeting of the Constituent Assembly - 9th Dec. 1946 - So far it was amended only once in the 42nd amendment Act, 1976 inserted 3 words: 1) Secular, 2) Social 3) Integrity - So far it was amended only once in 42nd amendment Act, 1976 inserted 3 words: 1) Secular, 2) Social 3) Integrity - The ultimate source of authority in India is the people. - The ultimate source of authority in India is the people. - The Constitution of India declares India as "a union of states." - The constitution of India declares India as" a union of states" ### 3.2 Preamble-Text- Reads : "We, the People of India having solemnly resolved to constitute India into a 1) Sovereign 2)Socialist 3)Secular 4)Democratic 5)Republic and to secure to all its Citizens:- - Justice-1) Social, 2) economic and 3) Political; - Justice- 1) Social, 2) economic and 3) Political; - Liberty of 1) Thought 2) expression, 3) belief, 4) faith and 5) worship - Liberty of 1) Thought 2) expression, 3) belief, 4) faith and 5) worship - Equality of status and opportunity - Equality of status and opportunity - and to promote among them all; - and to promote among them all; - Fraternity assuring the dignity of the Individual and Unity and the Integrity of the Nation - Fraternity assuring the dignity of the Individual and Unity and the Integrity of the Nation In our Constituent Assembly on 26th Nov, 1946 do herby adopt, Enact and give to ourselves this constitution. ### 3.3 Ingredients of Preamble: - Source of authority - It states that constitution derives its authority from the people of India - "We the People" - Nature of Indian State - It declares India to be a sovereign, social, secular democratic republican polity - Objectives of the Constitution - It specifies the main objectives of the Constitution to give Justice. liberty and equality to promote fraternity, to protect unity and integrity of India - It specify the Date of adoption of the Constitution - 26th Nov., 1946 ### 3.4 Meaning of the Key words of Preamble: - Sovereign/Independent/Autonomous Country - India has Supreme Power. - Absolute and uncontrolled power, no more dependency on any other country - No longer under the control of other foreign nation - India is free and has supreme power to make and take decision upon the both internal and external affairs of the Country - Socialist county - inserted by 42nd Amendment, 1976 - two types of Socialistic - Communistic socialism - Nationalizations of all means of production and distribution - Abolition of private property - Democratic socialism - Mixed economy - It is a blend of Marxism and Gandhism - Where both private and government sectors exists side by side - To end poverty, inequality, ignorance. - Secular country - Inserted by 42nd Amendment, 1976 - State has no religion - All religions are treated equally irrespective of their strength - Democratic country - Democracy - Citizens have Rights of voting, periodical election, rule of law, independent judiciary, absence of discrimination. - Democracy in India rests on the fact that people have the right to choose and change the government - Republic Country - two types democratic polity - Monarchy - Head of the state are hereditary on succession - Republic - Head of the state - Indian President elected for the term of 5 years indirectly by the people of India so Called India is Republic - Justice: - Social Justice - Equal treatment of all citizens without of any discrimination on the basis of caste, color, religion creed/faith, sex - Absence of any privileges to any person - Economical Justice - No discrimination on the basis of economic conditions - He may be rich or poor both have equal treatment - Political Justice - All people have equal rights to contest election, have voting rights, participation in the governance - Liberty - no restraints on the activities of the individuals - Thought - Expression/communicate - Belief - state of mind to feel that something exists or true - Faith - a strong belief/trust - Worship - devotion - Equality - no discrimination - Absence of special privilege to any section of society or group of society or individual before law, in public appointments and political opportunities. - Fraternity means "to promote a sense of brotherhood" or "to promote the spirit of common brotherhood" - All religions, deferent linguistic, regional peoples are like brothers, All are Indians - Unity and integrity - To promote the feeling among the people of India that they all are psychologically and territorially united. ## 4. Fundamental Rights ### 4.1 Introduction: - FR's included in the original constitution - Part III, Art 12 to 35 - Framers derive inspiration from the Constitution of USA (The Bill of Rights). - FR's are guaranteed / definitely / assured by the Indian Constitution to all citizens / person without any discrimination - FR's are "Justiciable" / enforceable against STATE - FR's uphold the equality and dignity of the individuals - FR's ensure political democracy - It prevent despotic rule / dictatorial / tyrannical / autocratic rule of our rulers - To establish Govt. of laws / Rule of law not Govt of men - Why FR's called fundamental / essential - they guaranteed and protected by the fundamental law (CONSTITUTION) - Originally 7 FR in the original Constitution, they are: - Right to Equality - (Art - 14-18) - Right to freedom (Art. 19-22) - Right against exploitation (Art 23 & 24) - Right to freedom of religion (Art - 25 to 28) - Cultural and educational rights (Art 29 & 30) - Right to Constitutional remedies (Art 32) - Right to Property (Art 31) was deleted by the 44th Amend Act, 1978, now Right to Property is a legal right under Art.300A. ### 4.2 Salient feature of FR: - Main objective of the FR's to ensure Individual liberty - Available to both citizens and some FR's to non-citizens also. - FR's are not absolute - state i.e., Parliament / union legislature can impose reasonable restriction on FR's - FR's place limitation on the arbitrary authority on state - FR's are "Justiciable" / enforceable - FR's Defended / protected and guaranteed by the Supreme Court therefore Supreme court is regarded as Protector or guarantor of the FR's - FR's be amended by the Parliament - FR's Can be suspended during the National emergency by the order of the President: - Except Art.20 & 21 - Art 19 suspended only when war or external emergency declared not on the grounds of armed rebellion (Internal emergency) - It is application can be restricted / limit / control or abrogate / abolish to Military forces, police, para military (CRPF, BSF), intelligence agency (CBI) - For any violation of FR's citizen can approach either Supreme Court or High Court ### 4.3 Art 12 speaks about the State - includes - - Parliament, 3 organs - Union Govt, Executive - State legislatures - State Govt Executives - All local authorities - District Board - e.g.: coffee board, KIDB - Statutory authorities -e.g: LIC, ONGC - Includes all its agencies ### 4.4 Art 13 says that all laws that are inconsistent with the FR shall be void ### 4.5 Right to Equality - (Art-14-18) - Art -14- Equality before law and Equal protection of Law - Prohibits discrimination on the Grounds of Religion, race, Caste, Color, sex or place of birth - Absent of special privileges in favor of any person - Equality before law based on UK Constitution - Rule of Law - Equal protection of Law Taken from American Constitution - It allows Reasonable classifications to elders, senior citizens, physically disabled persons etc. - All persons Equally subject to the ordinary Law of the land and should stand before ordinary courts - It Aim - to minimize social inequality - Equality not applies to (Exception) - President and Governors - Available to both citizens and non-citizens - Right equality does not includes Economic Equality - Equality means Equality among equals and not equality among unequal's - Art-15- Prohibits Discrimination on the basis only on Religion, caste, race, sex or place of birth to access - Shops, Public restaurants, Hotels and places of public entertainment - Use of wells, tanks, resort, bathing places, roads which are wholly or partly by State funds or dedicated to use for publics - But state can make reservations through a law - 15 Clause (3) special provision to women and children - Reservation for women's in jobs, college's seats - Reservation for Backward Classes - Aim - to eradicated Varna system - untouchability - Art-16- Equal opportunities in the matters of Employment under state - prohibits discrimination on the Grounds of Religion, race, Caste, Color, sex or place of birth - Reservation provided to SC and ST for 10 years - Mandal commission - BP MANDAL - appointed to study the conditions of the backward classes in 1979 by Morarji Desai Govt. - Implemented in 1990 by VP Sing Govt - It recommended 27% reservation for other Back ward classes - Supreme court says that total reservation Should not exceed 50% - No reservation in Promotions - Art -17 - Abolish untouchability - its practice is an offence punishable under law - Untouchability offence Act - 1955 - Available against Private - Right to Equality abolishes the "untouchability" in society - Art-18 - Abolition of Titles - Prohibits citizens of India from accepting any title from any foreign state. - Hereditary titles like Maharaja, Raj - Bahaddur, Rai - Saheb, Dewan Bahadur etc which were given in British India were abolished under Art. 18 to maintain equality. - But awards like Barat Ratna, padmashri, Padma bhushan, Padma vibhushan are NOT titles under the meaning of Art. 18. - Supreme Court says that The awardees should not used Barat Ratna, padmashri, Padma bhushan, Padma vibhushan as suffixes or prefixes to the name of the awardees. Otherwise they should forfeit the awards. ### 4.6 Right to Freedom (ART. 19-22) - Art-19 - guarantees to all citizens 6 freedoms/rights and restrictions on freedoms - Art - 19(1)- guarantees to all citizens 6 freedoms/rights - Art. 19(2)- provides reasonable restrictions on the freedoms - During national emergency these freedoms can be suspended - ART. 19(1)(a) Right to freedom of speech and expression - Includes Freedom of press (Art 19 (1) (a) - Freedom of demonstrate / protest - But no right call for strike / Bundh - Restrictions - Integrity of India - Security of state - ART.19(1)(b) Right assemble peacefully and without Arms - Restrictions - Integrity of India - Security of state - Public order and morality - ART.19(1)(c) Right to form association or unions or co-operative societies - Restrictions - Integrity of India - Security of state - Public order and morality - Police are NOT entitled to form union - ART.19(1)(d) Right to move freely throughout the territory of India - Restrictions - In the interest of general public - To protect the interest of Schedule Tribe - ART.19(1)(e) Right to reside/live(temporarily) and settle down/set up a home/Domicile in any part of the territory - Restrictions - In the interest of general public - To protect the interest of Schedule Tribe - ART.19(1)(g) Right to practice any profession or to carry on any occupations, trade or business - Restrictions - In the interest of general public - Technical qualification is necessary - Business or profession which is immoral and dangerous like drugs - 7th freedom - ART.19(1)(f) Right to acquire hold and dispose of property was deleted by 44th amendment Act, 1978 it is merely a legal right under Art.300-A - These 6 right/freedom protected against the State - Available to only citizens - Maintenance of Law & order is NOT a ground to impose reasonable restriction on freedoms of citizens - Art - 20 Protection in respect of conviction of offences; protection against arbitrary and excessive punishment to an accused person whether citizen or non-citizen - No Ex-post-Facto Law - - "No person shall be convicted on any offence except for violation of a law in force at the time of commission of offence" - Law in force only as on the day of commission of offence - No retrospective / retro-activity effect of criminal law - Only prospective effect from the date of assent of President - This principle not applicable / available against Civil Laws - No double Jeopardy - No person shall be prosecuted / put to trail or punished for the same offence more than once - No Self incrimination - No one shall be compelled to be a witness against himself for both oral and documentary evidence - Not extended / applicable to the Accused - For production of document - To give thumb impression, signature, blood sample - Compulsory exhibition of body - Art - 21 Right to life and personal liberty: No person shall be deprived of his life and personal liberty except according to the procedure established by law. - Available to both Citizens and Non-Citizens - Art. 21A inserted by 86th Amendment Act, 2002 - Free and compulsory education to all children under the age group of 6 to 14 years - Art. 21A inserted by the 86th Amendment Act, in 2002, RTE - Act - Right of Children between the age group of 6 to 14 years of age - free and Compulsory Education Act - 2009 by Parliament. - To give Primary Education - Right to privacy / Right to primary education Right to decent Environment / to live with dignity are included in Right to life and personal liberty - Art - 22 Protection against arrest and detention - Two types of arrest - - Punitive arrest - after commission of offence - Preventive detention - precautionary measure before commission of an offence - Ordinary law Arrested person has following mandatory rights - Right inform him about the grounds of arrest - Right to consult an advocate - Right to produce before the nearest magistrate within 24 hours of arrest, excluding journey time - Right to release after 24 hours unless magistrate remanded him to the police or judicial custody - Preventive detention - Arrested person has following rights - Right inform him about the grounds of arrest - Not to detained more than 3 months unless an advisory board recommendation to extend - Right to consult an advocate ### 4.7 RIGHT AGAINST EXPLOITATION (ART 23 & 24) - Right against exploitation seeks to protect the weaker sections of the society by prohibiting the human trafficking and begar - Available to both citizens and non-citizens - Art-23 Prohibition of traffic in human beings and BEGAR (forced Labour) - Prohibits traffic in human beings - means - Selling and buying of men, women and children - Immoral traffic in women and children including prostitution - Prohibits BEGAR - (forced Labour) which means - Compulsory work without payment / remuneration - Bonded Labour - It permits State to impose compulsory service without payment - Military service, social service - Art-24 Prohibition of employment of children in factories - Below the age of 14 years - 2012 completely banned Child Labour ### 4.8 RIGHT TO FREEDOM OF RELIGION (Art-25 to 28) - Art-25 freedom of profess (Declare openly his religion), Practice/rituals and propagate/spread any religion - Available to all persons - citizens and non-citizens - Art-26 freedom to manage religious affairs. - Right establish institution for religious and charitable purposes - Right manage, acquire property - Art. 27: freedom from taxation for promotion of a Religion - Prohibits imposition of Tax only but not fee - Art. 28: Religious instruction is prohibited in any educational institution maintained by state funds ### 4.9 CULTURAL AND EDUCATIONAL RIGHTS (Art 29 & 30) - Art-29 protection of interest of Minorities - Less than 50% of entire country or particular state - Minority includes both linguistic minorities on the basis of Language and religion minorities on the basis of religion - Objectives of this right to preserve and conserve the their language, culture, script of the minorities - Art-30 Right of minorities to establish and administer educational institutions ### 4.10 RIGHT TO CONSTITUTIONAL REMEDIES (ART 32) - Constitution of confers special authority for the enforcement of FR's on the Supreme Court of India. - The other FRs can be enforced by the Right to Remedy under Art.32 of the Constitution. - Right to get Fundamental Rights is itself a Fundamental Right. - Dr. Ambedkar says that Article 32 or Right to Constitutional remedy is heart and soul of the Constitution". - ART.32 - Right to move SC for enforcement of FR - Right to move SC can be suspended by the President only during National Emergency under Art. 359. - SC regarded as defender and guarantor of FR to the Citizens. - Only FR can be enforced by Supreme Court under Art 32 and High Court under Art. 226 - Supreme Court or High Court have power to issue directions or orders for enforcement of FRs is called as WRITS; 5 writs are :- - Habeas corpus - Mandamus - Prohibition - Certiorari - Quo-warranto - Writs are borrowed from the British/English Law - Writ of Habeas corpus - Latin Term means "to have the body" - It is an order issued by the court to a person who has detained another person "to produce in person before the court" - After examination of the legality if detention found illegal it will order to release the person so detained. - It is a bulwark/safeguard of individual liberty against arbitrary arrest/detained against both public authorities and private. - Writ of Mandamus - Literally means "we command" - It is a command issue to a public official asking him perform his official public duties. This writs is issued to public corporations, public authority or inferior courts, tribunal or govt directing them to perform their public duty. - It cannot be issued against private individual or body. - Not to issue against President and Governor, CJ of HC. - Writ of Prohibition - Literally means "to forbid" - Issued by the Higher court to lower court which exceeding its jurisdiction in the earlier stage of case. - Only against judicial and quasi-judicial authorities. - Before passing order/preventive. - Not available against administrative authorities, Legislative bodies or executive functions and private individuals. - Writ of Certiorari - Literally means "to be certified" or "to be informed". - Issued by the Higher court to lower court which exceeding its jurisdiction or error of law. - Only against judicial and quasi-judicial and administrative authorities which affect the rights of individuals - Both preventive and curative. - Not available against Legislative bodies and private individuals. - Quo - warranto - Literally means "by what authority or warrant". - Issued against an public / govt. officer who illegally occupies an public office. ### 4.11 Art.33-34- Empower the Parliament to restrict or abrogate Fundamental Rights to the members of Armed forces, Military, Paramilitary, Police Forces.