Introduction to Indian Constitution PDF

# Introduction to Constitution ## The Constitution of India, 1950 ### Objectives, Ideas and Aspirations Our constitution, a unique document, is not a mere pedantic legal text, it embodies human values, cherished principles and spiritual norms. It upholds the dignity of man. The Preamble to the Co...

# Introduction to Constitution ## The Constitution of India, 1950 ### Objectives, Ideas and Aspirations Our constitution, a unique document, is not a mere pedantic legal text, it embodies human values, cherished principles and spiritual norms. It upholds the dignity of man. The Preamble to the Constitution mentions the main objectives of the Constitution-makers, as pointed out by Chief Justice Subba Rao in Golak Nath v. State of Punjab A.I.R. 1967 S.C. 1643. It has been stated in Kesavananda Bharti Sripadagalavaree v. State of Kerala A.I.R. 1973 S.C. 1461 that it incorporates in solemn form the ideals and aspirations which inspired the country in its struggle for independence. It is made clear in the Constitution that India is a sovereign republic, thus pointing out that it is not in a state of subordination to any other country. The words "secular" and "socialist" were inserted by the Forty-second Amendment. As to the word "socialist", see Excel Wear v. Union of India A.I.R. 1979 S.C. 25. This word was also dealth with in D.S. Nakara v. Union of India A.I.R. 1983 S.C. 130. ### Features of Basic Structure 1. Supremacy of Constitution 2. Republican and Democratic form of Government 3. Secular Character of Constitution 4. Separation of Powers between the Legislature, the Executive and the Judiciary 5. Federal Character of Constitution ## Supremacy of Constitution Supremacy of Constitution: No authority created under the Constitution is supreme; it is the Constitution which is supreme. ## Interpretation Although interpretation of the Constitution of India primarily must be based on the materials available in India, relevant rules of the other countries can be looked into for our guidance. So the stand taken by other countries definitely has a bearing on the course India has taken so far and the course to be adopted in the future. Interpretation of the Constitution is a difficult task. While doing so, the constitutional Courts are not only required to take into consideration their own experience over the time, the international treaties and covenants but also keeping the doctrine of flexibility in mind. Constitution being a living organ, its ongoing interpretation is permissible. The supremacy of the Constitution is essential to bring social changes in the national polity evolved with the passage of time. The Supreme Court several times without number has extended the scope and extent of the provisions of the fundamental rights, having regard to several factors including the intent and purport of the Constitution-makers as reflected in Part IV and IV-A of the Constitution of India. It is well accepted by thinkers, philosophers and academicians that if JUSTICE, LIBERTY, EQUALITY and FRATERNITY including social, economic and political justice, the golden goal set out in the preamble of the constitution, are to be achieved, the Indian polity has to be educated and educated with excellence. Preamble of the constitution is framed with great care and deliberation so that it reflects the high purpose and noble objective of the constitution makers. ## Duty of Citizen In a constitutional set up, every citizen is under a duty to abide by the constitution and respect its ideals and institutions. ## Federal Structure The Indian Constitution is basically federal in form and is marked by the traditional characteristics of a federal system, namely, supremacy of the constitution, division of power between the Union and State Governments existence of independent judiciary and a rigid procedure for the amendment of the constitution. ## Interpretation of Preamble The Preamble may be involved to determine the ambit of - 1. Fundamental rights and 2. Directive Principles of State Policy. ## Secularism The constitution of India stands for a secular state. The state has no official religion. Secularism pervades in provisions which give full opportunity to all persons to profess, practise and propagate religion of their choice. Most important components of secularism are as under: 1. Equality is incorporated in Article 14. 2. Prohibition against discrimination on the ground of religion, caste, etc. is incorporated in Article 15 and 16. 3. Freedom of speech and expression and all other important freedoms of all citizens are conferred under Article 19 and 21. 4. Right to practise religion is conferred under Article 25 to 28. 5. Fundamental duty of the state to enact uniform civil laws treating all the citizens as equal is imposed by Article 44. 6. Sentiment of majority of the people towards the cow and against it slaughter was incorporated in Article 48. ## Social Justice Social justice enables the courts to uphold legislation - 1. To remove economic inequalities. 2. To provide a decent standard of living to the working people. 3. To protect the interests of the weaker sections of the society. ## Socialistic Concept: Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. ## Part 1: The Union and It's Territory ### Name and Territory of the Union 1. India, that is Bharat, shall be a Union of States. 2. The territory of India shall comprise 1. The territories of the state 2. The Union territories specified in the first schedule and 3. Such other territories as may be acquired. ## Part II: Citizenship ### Article 5 - Citizenship at the Commencement of the Constitution At the commencement of this Constitution every person who has his domicile in the territory of India and - 1. who was born in the territory of India; or 2. either of whose parents was born in the territory of India; or 3. who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. ### Article 6 - Rights of citizenship of certain persons who have migrated to India from Pakistan Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution of - 1. he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and 2. in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or 1. in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. ### Article 7 - Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority or any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. ### Article 8 - Rights of citizenship of certain persons of Indian origin residing outside India Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative whether before or after the commencement of this Constitution in the form and manner prescribed by the Government the Dominion of India or the Government of India. ### Article 9 - Persons voluntarily acquiring citizenship of a foreign state not to be citizens No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state. ### Article 10 - Continuance of the rights of citizenship Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. ### Article 11 - Parliament to regulate the right of citizenship by law Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other mattes relating to citizenship. ## Short Question Answers ### 1. What is a Preamble? The Preamble is an introductory statement in the Constitution, which explains the reasons and guiding values of the Constitution. The Preamble is the soul of the Indian Constitution, which contains the philosophy on which the entire Constitution has been built. ### 2. Who wrote the Preamble of India? Jawaharlal Nehru, the Preamble of India was derived from its draft which was called the "Objective Resolutions". This draft was written and introduced to the Constituent Assembly by Jawaharlal Nehru on 13th December 1946. ### 3. Who is called the father of our Constitution? Dr. Bhimrao Ambedkar is known as the father of Indian Constitution. On 29th August 1947, the Constituent Assembly set up a Drafting Committee. This drafting committee was headed by Ambedkar. ### 4. Who is the mother of the Indian Constitution? Madam Bhikaji Cama is the mother of Indian Constitution. ### 5. What is meant by Fundamental Rights? Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. ### 6. What is the meaning of Writ Petition? A writ petition is a formal written order issued by a judicial authority such as India's Supreme Court and High Court. Five types of writs are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto. ### 7. What is the Writ Petition of Article 32? Violation of fundamental rights can be relieved by filing of a writ petition under Article 32 of the Supreme Court or under Article 226 of the High Court. Writs are public law remedies. ## Questions 1. The "Preamble" of the Constitution mentions the main objectives of the Constitution makers - Explain. 2. What are the basic features of the Indian Constitution? 3. "Constitution is Supreme" - Explain. 4. What is the important component of secularism in Indian Constitution? 5. Who is a citizen of India as per the Constitution of India? 6. Write Short Notes on: 1. Objectives of the Constitution 2. Features of the Constitution 3. Supremacy of the Constitution 4. Citizenship 5. Who is not a citizen under Indian Constitution