Preamble of Indian Constitution PDF

1 Preamble of Indian Constitution Goveroment: A country has a definite boundary. The people residing in the country are its itizens. To ensure a peaceful and orderly life in the country, anr'...

1 Preamble of Indian Constitution Goveroment: A country has a definite boundary. The people residing in the country are its itizens. To ensure a peaceful and orderly life in the country, anr'organizationis required. Such an organization is called the Government. It organizes the people and looks after their welfare. How is a government formed? What are its powers, functions and organs? What are the rights of the citizens? Answers to these questions are found in a document known as the "Constitution". Constitution: The word 'Constitution' is developed from the word 'Constitute', which means 'to frame or to establish or to compose'. According to the Oxford English Dictionary, 'Constitution' means a 'system', according to which the laws and principles of the state is governedr It is a set of fundamenta! rules according to which the government of a state and regulations gaiding the functions. It is a documem which contains the rules administrations of a state. It defines the relationship between the rulers and the ruled and how rulers are created în the country It may be written, or unwritten as in the case of Great Britain. It explains the powers belonging to the government, the fundamental rights of the citizens and the relationship betyween the citizens and the govrnment. It upholds the principle that all citizens are equal before the law. Any law which is not in accordance with the constitution becomes invalid. It is a documeñt which is the supreme law of the land. It has derived from a Latin,word 'salus populi suprema lex' meaning "welfare of the people is the supreme law'. Hence, the Constitution of India is a public document which is considered as the voice of the people. It is the document having a legal sanctity. Constitution is an important instrument which confers powers, rights, functions, Festrictionsand obligations on the part of individuals, states and everybody who are the citizensprinciples, of India. The purpose of the Constitution is to maintain harmonious relations between the individuals and the states on thë one hand and between the different organs of the government on the other. The Constitution reflects the will and wish of the people. There are THREE pillars of the Constitution: Legislature, Executive and Judiciary. This is known as Doctrine of Separation of Power' (Lord Montesquieu), There are TW0 types of Constitution: Rigid and Flexible Constitution. Few other Definitions of Constitution The way of life the state has chosen for itself-Aristotle I t is the collection of principles according to which the powers of the the he governed and the relation between the two are adjusted-Woolsey government, rights of I t is that body of rules, or laws written or unwritten which determines the organization of government, the distribution of power to the various organs of the and the general principles on which these powers are to be exercised-Gilchrist government *  Constihution of India and Professional Ethies Preamble of Indian Constitution. I t consists of those of its rules or laws which determine.The idea ofthe Rule of Law respective rights and duties of the citizens towards the the form of the government am the Institution of Speaker and his/her Role It is the rules which govem the state-Maciver government-Lord Bryce Framing of Indian Constitution: World War Il in Iaw-making procedure a new Europe came government came to power in the United Kingdom. The new end on 09th May, 1945. In July. to an United States Constitution British Indian policy and decided to convene a constitution drafting body. Three govermment announced its Charter of Fundamental Rights, which is similar to US's Bill of Rights sent to find a solution to the British cabinet members were question Cabinet Mission. The Cabinet Mission of India's Independence. This team of ministers was called the Federal Structure of CGovernment discassed the framework of the Power of Judicial Review and Independence of the Judiciary some detail the procedure to be followed by the Constitution constitution and laid down in The Constitution of India was drawn up Drafting Body. by a Constituent Assembly Irish Constitution the Cabinet Mission plan) initially summoned on (established in accordance with Sachidananda Sinha, for undivided India in the 09th December, 1946, under the Presidentship ot Constitutional Enunciafion of the Directive Principies of State Policy Parliament House). On 01st July, 1947, the Constitution Hall (now it is called as Central French Constitution Hall ot divide into India and P-histan. With the British Parliament passed the "Indian Independence Act, to Punjab, Sindh and Baluchistan. N-W Fivnier partition India, the representatives of East of.ldeals of Liberty, Equality and Fraternity Province and the Sylhet district of Bengal, west Pakistan, ceased to be members of the Constituent Assam, which joined Germany Constitution On 14th Assembly. August, 1947, the Constituent Assembly met again as the Proclamation of Emergency for the dominíon of India under the Sovereign Constituent Assembly Prasad became the President of the Presidentship of Mr. Sinha. On the demise of Mr. Sinha, Dr. Rajendra Japanese and Chinese Constitution ConstituentAssèmbly (1lth December, 1946). A Draft was published in February 1948. 284 out of 299 Constituton.The idea of the Fundamental Duties and finally adopted it on 26th November, 1949. It members came to appended their signature to he Constint4on Assembly took almost three years (two years, eieven monthseffect on 26th January, 1950. The Constituent and eighteen days to be Canadian Constitution its historic task of precise) to complete Drafting the Constitution for Independent India. A Quasi-federal form of Government (a Federal system with a strong Central Government) sessions covering a total of i66 days. Of During this period, it held eleven these, 114 days were spent on.The idea of Residua! Powers Constinution. Is sessions were open to the press and the the consideration of the Draft public. Australian Constitution Draft Constitution and Drafting Committee The idea of the Concurrent List The work started with the presentation of the Freedom oftrade and commerce within the country and between the states Pandit Jawäharlal Nehru and was Objective Resolation' moved-on 13thDeeember, adopted on 22nd January, 1947. The 1946by Committee ior scrutinizing the Soviet Constitution Draft Constitution and suggesting Amendments was formed on 29th by Febriary, 1948. The Constituent Assembly met thrice August, 1947. The Draft was readied 1948, October, 1949 and November, 1949. After the to read the Draft clause-by-clause in November, The Planning Commission and Five-year Plans third reading, it wàs adopted on 26th November, 1949 In fact, a Committee Rules signed by the President and The Constitution has provided Provisions and the Procedures for the Amendment. The Parliament December, 1946 under the Chairmanship on of Procedure was in place as early as only can amend laws in the Constitution. Parliament has powers to make new Provisions orto.cancel the Krishnaswami Ayyar, N. Gopalaswami qf Bhimrao Dr. Ramji Ambedkar.and Members were: Alldi which are against the welfare of the public and can even corect the Provisions, which are Ayyangar, (was replaced by N. Madhava Rao) and D. Khaitan Dr. K.M. Munshi, Syed Md. Saadulla, B.L. Mitter Provisions known as Amendments. The Drafting Committee studied the P. (was replaced by T.T. Krishnamachari). The Constitution consists of the following: (1) The Preamble: (2) Parts/Chapters I to XXII covering constitutions of number of countries like USA, Switzerland, etc. and gathered the best features and France, Canada, Articles/Clauses I to 395: (3) Schedules t to 8 and (4) An Appendix and totaling 1.17.369 words in its ofthe people of India in our Constitution. The result of it adopted them for the realization of the was that we have one of the best aspirations nglish language version. Today, it has XXVI Parts, 445 Articles and 12 Schedules and has undergone ahe world today. The Indian Constitution closely follows the British constitutions of 92 Amendments. the Constutution is Supreme, not Parliament. Parliamentary Model but differs from On 26th January 1950, the Constitution of Independent India was adopted. The Constitution declared So, the adjadicate on the constijutionality of any law passed by theIndian courts Feware vested with the authority to India as a Republic. This day is observed every year as the Republic Day and celebrated as National ifish Constitution Parliament. like, Festival. As provided in the Constitution, the first General elections were held during 1951-52.And the first elected body (Parliament) with two Houses, nanely, Rajya Sabha and Lok Sabha, cameintoexistence Parliamentary form of Government inMay 1952..The idea of Single Citizenship  *** 1oy uoniqYod Joqe7 PHYO YL Pue 1oy seatM Jenbg ayL O] Kueu OM Jenbe soJ Ked jenba 138 ypog 3ouyo ue paiaprsuo9 st uouom Jo uoperojdxa LJepuiuez pue Áiiqeyonojun jo uojoqy aY Se yons 'us!Jejoos Jo ug qi AIUe SMPI paueij sey JUSwuISAOS sqi pue kuouoa paxju t pydope sey eipuj ie 10] FujaN Jo prepueis oL syotu enba usAß uaq aAmY uouom pue yioq a1oH uauoM ua 0 suaN enbg 6 juuuISAO3 ju9p t apIAOId pue enba azoui yijeaM Jo uonqgsip op oNeI oj J0Aeapua [IiM 3yi ieyi sueor Kyjenbs oquouoog soYIun1oddo pu Sn+eis jenba sey ouokzona Kienba Dy) 9Aoqe st oy ouo sueour ynpe ue 'eipuf uj *asjyoueLH Unpy Jes19AIuN Se poIeo st Kiyuno» JC10S 1apun na *38en8uri 'uo13tjai "xas 'p2213 inoj0o *NsE JO spunosa q) uo uoFeuuuosip Jo Snpe ay Ie áq soA[jeuzsadai jo uoioajo jo uoj1sÁs oL, :35youEad Hnpy [es13Aun g jo 3ausqe aun suesu xouoo sy1 u kaenbo jeioos kygenbo sxuouosa puE ezsos sajyduy 'S19MOd sNenbape ua[8s 1 9L61 Jo 1oy uowpuauy puzr 2y1 kq o19ueoid oii o1 peppe seAN ISITVIDOs. pion OYL Kaeyoipng aqy'3101a131, Áiapos a) Jo suo13a% 4) |e o1 a01snfaplaondoi pajsadxa ss kseioypn[ adood au urano8 Py saeI sayeu pue aqdoad ay1 kq pa3aje Ápsamp s YoTYM JuwuA03 OLL aqdood jo sdnos juavoyp o4p 10g smey Jo Sias ua1oJip aq 1ouweo aroLL Me1 ayn auojaq 3y e sey Ájeusojui pue oMod uajooj Aut Jo jonuo9 ayi uoy oayÁYEUINa-uBo1aNOs Tenba ze suozjmo ye 'uoysks EoOuop oq 19pun :Aaeopnf 1ejuodu pue juspusdapur t jeuwaxa pue heuoui st eypuj uapuadapu, 30 3u3dns surou uôtgzanoS, paoM aii 'suvou pz0 pUe eul 1aMod euinxg J0 3JEIS 13Yjo Aue Jo i0nuoo ayi 01 139lqns iou si î{ iey1 pur 1oalqns MT Se om se *3oead oyqnd squnisyp y uay uop34j snor3iaz 13usa o1 1y8u ay1 sey uDuAo 1242MOH 'Suzpo e oa deyszO pue yrey jo uopaauy saonuesen3 uowuna03 Sue uo oryst31 0) Jamod as1 ses si eq1 sueau *aqeis 24pJo kzuoypne Juepusdaput qu sueui a1 'aug ues 1y, uorpu UIS, ou 3q 1Ieys azqsL, Suozp1o sy kq pamo1o suorðjasau NOIHNAAOS Kupsap no pyn Jo si2jsru 4123t o4a-pypuj joaqdoad ay1 suasoadai yorsm Ie spJemojjeypdut aq Isnui juawu3Aoð aui 'usLJejnoas Jo a(dioutid ap 19d sy :usiJejnoa__ ' 9 1uaueyng no ut pasaA s. uoeN/oxeis ayi o1 êußuojeq 19mod uâjaaAoS ui pue uoyeN/9IEIS su-znio ay1 Kq pauwsojIad aq o) sopng ejusuuepunj usAajo uno yo. peoH 3y1 s. uapisai 3yi moN 'me[ oyeui 19mod ou pes om o oxens ou Jo peaH pue pNeis sey i'syty reusepung aqi oj uou1ppe uj "su2zi1o aYi Jo anssaI AYI o1 3uoo pjnom uapoAoS yn sem uIeiug Jo usan) ayL qny YSyug q) 1apun auaM aM °3uspuadapufa1ojaA A ACiotpns aYJ 'peyejo[a aJE SIUu 3sayi uIYM 'SIuau osayi Jo Kure ÁEMe ye] 1ouued 1JusUIUIOADB doad y o1 säuojeq uoFeu ayi Jo KJuaraiaAos ay.L YL Suz[NO Oui oj su3IH Ie]uawepung xis uaAt Ses IE :saIingI pue syðrH 3jdoad aq1 ur paysaA s. 12Mod.It jo aornos aeunjn aun os "Pipuj jo qdoad ou utO1J Kiioypne s Ieuauepun 's S19jni umo 9qi joaja o1 y8u a1 anEY 3Idoad *3aqdoad aqî 1oJ pue afdoad sanuap uopapsuo) asi eyn sueaur yotu ypur jo adoad oqy *3M. 4pIM,Su3oq aJqureasd 4L Oup Kq ajdoad oui jo s yoNum juuwanoð Jo uiuoJ E sp[oydn y 2aqdo2d 3YI Jo puEISIOpun o Án pnoys am 1eun2ouevodunjsouroyuis nana seqy qusurunao9 uuussAo uMO IOYI wioj o1 yâu e 3Aey 3jdoad 'ojqnday E SY Jqndoy eS[ eipujI uopmgsuo ano jo oyque1d o4L :Yqnd»HI'E uopygsuo sIqp saAjasano o) 3A13 "doad uerpuf ayi Jo suone.itdse puE (AiJuN jewoFeN pue Kipuaqeiy pue 190u '1dopy KqaiaH op '6b61 aquanON Jo KEp yixis-ÁuIMI SIun ájquiassy juonipsuo) ano uj ÁALu®IG [enplAIpUj 'KuJenbg *oFsng) sqeapy aui sayeLeu I S19dse eJanas u/ jucLuodus si yotym 'ojqucig e st a1qi '3uuuð3q aqi iv a1qureaid 7 uoeN 241 jo ÁiusNuI pue Áijun aui pue jenptatpui aqi jo Áiußyp y) Buunsse áyuzeqeaj 01 PHOM yi u Isaspauoj ayi oste st pue auo usnLIM S. | :3Saryzausi pue usjiiA I 1e uroyn Buout o10woid oi pue 'Áqunuoddo jo pue,snjejsgo Kenby '6 diuszom pue ueJ 'Jojaq 'uogSsazdxa 'u8noyi Jo kzuaqT 8 Tojjninsu0) ueipui J0 sainjEa JuaesuBN eonyod pue oruuouooa 'E130s 'a»Isnf '4 puryueuujo Suozio sy iTe o1 onaas 01 pue spqnday *9 aneyjaM pu 3OEId paom y) Jo uogouoId ayi oj uognqnuo 3uifm pue [ingoyeui pInoM puej ayL pue :suoyeu paziIa[o Jo MeI pue 30}Nsnl o1 auip1000e enas poulejureu |eys ire pue vas 'puej uo siyatu uja12A0S SI! 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oojoEId oyL ueipuj ysnug ajymjs13 jo uotun 9 I1EYs epuI ÁJnunoo ayi ut Kpgtqeyonojun Jo aojOEId aq paiygiyosd sey i1 o1gndaa "u8jo19A0S quopuadapuj ue s!epuf :Á7!qeyonojun JouoEIpeia 0l uoyayoso saAJjaa[g0 S,nJUON  Constitution of India and Professional Ethics Preamble of Indian Constitution The word 'SECULAR was inserted into the preamble by the 42nd Amendmene Act of India has adopted the British model of Parliamentary form of Government. But, we have no Cr Ours is Secular, which means that the 1976 the Head of the State and we havea written Republican Constitution. Further, both India The freedomto follow State has no official Teligion. Here, all religions are equal. as andUSA ar any religion is guaranteed by the Constitution. democratic in their system. But USA is having a Presidential form of government, while India is having to preach, Every person has the rnght practice and propagate any religion one chooses. The government a Parliamentary form of Government. Also, there are different kinds of democracies. For example, in or discriminate against any religion. It must treat all religions with equal must not favour Pakistan, they have a 'Guided Democracy' which is subjected to military administration. Myanmar All irrespective of their religious beliefs are equal in the eyes of law. No respet. instruction is citizens, (Burma) and Sri Lanka also have different types of democracies. Former Soviet Union and the present imparted in government or aided schools. religious India is a DEMOCRACY. The peoples China have what is called as 'People's Democracy', but in practice they are totalitarian. Also, * and Local) by a people of India elect their governments at all levels (Union, State We find constitutional monarchies in Japan and England but they are fully democratic. systeim of Universal Adult Franchise. Every citizen age and above and not otherwise debarred of India, who is 18 years of Basic Structure of the Constitution by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of 1. Federai Structure: Tic Constiutior. f imtia is imseu on id fcueral sructure. That it is to say caste, creed, colour, sex, religion or education. Elections are conducted ence in five years to elect our exists both State and Central forms of Governments, But though it has federal structure, it Executive. The various policies of the State representatives there and the or Head of State (President) are decided by thm. 1S alsohas some unitary feature_. That is the Central Government is the Supreme Law making As opposed to monarchy, in which the Head of the State is appointed a on hereditary basis for authority in the country. lifetüme or until he abdicates from the a throne, DEMOCRATIC 2. Supremacy of the Constitution: All the authorities derive their powers, rights, duties and State is elected, directly or indirectly, for a fixedREPUBLIC the Head of is entity in whichan the tenure: The obligations from the Constitution. is elected by an Electoral College for term of five years. It means a President of India 3. Distribution of Pówers: The distribution of power for running the country effectively has beén by The people and for the people (Abraham Government of the people, a Our Constitution assures us the Lincoln farnous speech at Gettysberg). - done on the Principle of Doctrine of Separation of Power' As the wording are there 'power Justice: Social, economic and of laws; and there is no scope for political through various measures corrupts and absolute power comupts absolutely'. The distribution has beendone in the following of exploitation justice means that the state will treat all citizens as weaker sections of the society or women. Social basis on the basis of equal and will not discriminate between them Legislature-to make/enact the laws religion, caste, gender, race, status place of birth, Economic justice means or Executive-to implement the laws (constitutes that the state will attempt reduce the economic disparities between rich and the poor and will to of government machinery like police, public servants, etc. try to bring about equality in incomes. equal opportunities to participate in Political justice means that the state. assures all people. Judiciary-1o interpret/enforce the laws and constitution. Our political activities Schedules Constitution assures liberty to one and all. No one is arrested without the consént of law: All laws are equal and all equal before law. are Sched.!es can be added to the Constitution by Amendment. The 12 Schedules in force covers: The Our Constitution has upheld Equality. So, there is po scope for inequality based on race, religion, designations of the States and Union Territories; emoluments for high-level officials; forms of oaths/ language, sex, etc. practice of Untouchability is prohibited and it is a crime. affirmations; allocation of the numbe: of seats in the Rajya Sabha (Council of States-the Upper House Barker calls FRATERNITY as principle of cooperation. It includes a bunch of rights to share of the Parliament) per state or Union Territory: provisions for the Administration and control and enjoy he common resources.and services of the nation, like, education, of Scheduled Areas and Scheduled Tribes (areas and tribes needing other services. police, health and special protection due to disadvantageous conditions): Provisions for the administration of tribal areas in Assam: the Union (Central) Government, Purpose of the Preamble _State, and Concurrent (dhual) lists ofresponsibilities, The iCiai languages.land and tenure reforms; the t indicates the source from which the Constitution came association of Sikkim with India,anti-defection Provisions for Members ofParliament and Members of i.e., THE PEOPLE OF INDIA. the State Legislatures; nural development; and urban Planning. lt declares the rights and freedom which are assured to all the citizens of the çountry. Amendments (Methods) Different Models in the World.By simple majority of the Parliament: Here, amendments can be made by a simple majority of India is of the biggest democracies in the world. We one have democratic system of and voting, betore it it for the President's assent. Over the last 50 years. administration for members present sending Today, there are two types of democracies in the world. One is direct as in By special majority of the Parliament: Here, Amendmenis can be made by a two-third majority of Switzerland, and the other is indirect or of Athens in representative form of government. In direct democracy (City the total number of members present and voting which should not be less than the majority of the Ancient Greece), all the people would assemble at a place and through mutual and direct total niembership of the House. discussions, decided the policies. In Jndirect democracy, the formation of By special majority of the parliament and ratification of at least half of the state legislatures by by the representatives government is elected irectly special majority. After this, it is sent to the President for his assent. ********** *** ******* D  0 Constitution of India and Professional Ethics Principles of Democracy (1) Principle of liberty; (2) Equality; (3) Public Welfare; (4) Rule the people; (5) Government by majority: (6) Public criticism of Government; (7) Democracy as a by of life; dignity and universal brotherhood, (9) Tolerance; way (8) Recognizing human (12) Opportunity for individual development; (10) Common way of life; (11) Social Justice (13) Constitutional rule; (14) Decentralization or of power; (15) Legislature ropresenting the public opinion; (16) Existence of political paries, (17) Election by adult franchise. Values of Democracy separalioana 2 (1) Administration is in the hands of the (3) There is no scope for domination péople; (2) Adult Franchise system enables good government; Fundarmental Rights are of any race, religion or language because all are equal;(4) Legislatures consituted by the, elected representatives and people are obedient to the decisions taken by them, (5) Liberty, fearlessness and regular of JudiciarY elections gives power in the hands of the people; (6) Independence protects the rights of the citizens; (7) The fundamental As Citizensof India, we are all assured some fundamental rights and duties, Fundamental Rights protects progress of the individual; (8) All decisions are taken rights provide opportunity for the through discussions in a us trom injustice and Fundamental Duties enables us to contribute to the welfare of the nation. after ascertaining peaccful way: (9) DecisiOnS are takeg public opinion; and (10) Constitution, legislature and judiciary check the Righus: The privileges given to the citizens are theii rights. Some are ratural rights (like the right to abuse of power. ve. right tò self protection) and some others are.legal rights (ikeright to equality, right to education). Defects of Democracy Rights are the'bases of a democratic country. (1) Many times people demand certain things which are Fundamental Riglias: "The lndian Constitution has given certain fundamental rights to all the citizes. thus weaken the government; beyond thè ability of the government to fulfill and (2) A majority party can at times become dictatorial, (3) The competituon hese have been specified The FRs in the Constitution. They have also been guaranteed and supported by law comes under the Part Ill of the Constitution of India. It is for individual to live mecessary every among the political parties for power is another weakness;, and satisfactory another weakness and creates (4) Defections from political parties is a complete ife. All citizens assured six fundamental rights. They are follows:are as instability; (5) Muscle power, money, caste and other factors play their role during elections and cause Right to Equality: tHere, all areequalbefore thé law and also nobody is above the law. All should damage to democracy; and (6) It is possible that antú-social cements manage to come to power. gel cqual protection ofthe law. It states that all citizens should be teated equals irrespective of as religion, race, caste, gender, or birth of place. It means there is supremacy of law or Rule of Important Committees Law. No citizen shall be subjected any restrictions with of the Constituent Assembly to regard to access to shops, public restaurants, hotels, places of public entertainment, worship places, on the use of wells, tanks,.Union Powers Commítlee: Pt. Jawaharlal Nehru (Chairman) with 9 members. roads and other public places. All citizens enjoy equal opportunities to take up gowernment Committec on Fundamental Rights and Minorities: Sardar Vallabhai Patel (Chairman) with S4 members. CRmployment. Under this right, Untouchability is an offence. Insulting the members of schetduled castes/scheduled tribes by calling them 'untouchables' is an offence. Steering Committee: Dr. K.M. Munshi (Chairman), Gopalaswamy Ayyangar and Bishwanath 2. Right to Freedom: The Constitution has listed six types of freedom: Das. Freedom of Speech and Expression Provincial Constitution Commitee: Sardar Vallabhai.Freedomto Assemble Peacefully Patel (Chairman) wih 25 members.Committee on Union Constitution: Pt. Jawaharlal Nehru (Chairman) with 15 members. Freedom to form Associations Freedom to move freely throughout India The Draft was prepared by Sir B. N. Rau, Advisor to.Freedom to reside and settle in any part of India chaired by Sir Krishnaswamy Iyer the Constituent Assembly. A 7-member Committee was set up to examine the draft. Dr. B. R. Ambedkar who was Freedom to practice any Profession, Occupation, Trade or Business minister for Law from l15.08.1947 to 26.01.1950 The Constitution itself has specified certain circumstances under which individual freedoms may piloted the Draft Constitution in the Assembly. be restricted. 3. Right against Exploitation: The aim is to prevent exploitation of women, children and the weak. Union and State governments have enacted several laws to prevent exploitation. For instance, The both. giving and receiving dowry is punishable under the law; the system of bonded labor, and has been prohibited; employment of children in mining, manufacture of beedi and fire-works and such other dangerous occupations is prohibited. This is meant to proteet members of the weaker sections. The governments has not only prohibited child labor, but has also made cducation compulsory up to the age of 14. AlH children, irrespective of gender, caste and seligion, must now attend school.  wwon y i u unu Trojessional Elics 4. Right to Freedom of Religion: Since India is a secular Cultural and Educational Rights country, every citizen has a right to practice and propagate his/her religion. However, the State may impose restrictions in the interests Article 29: Protection of interests of minorities of public order, morality and health. Article 30: Right of minorities to establish and administer educational instirutions 5. Cultural and, Educational Rights: This protects the interests of religious and Article 31A: Saving of laws providing for acquisition of estates linguistic minorities. They have the right to protect their language, scnpt or culture. They may establish and administer Article 31B: Validation of certain Acts and Regulations their own educational institutions. For example, in Tamil Nadu, the Article 31C: Saving of laws giving effect to certain directive principles have the right to establish Kannada Kannadigas (who are minority) nmedium schools. The Tamilians in Karnataka also have similar Right to Constitutional Remedies rights. 6. Right to Constitutional Remedies: The Constitution has not only given FRs to the citizens of India Article 3: Remedies for enforcement of rights conferred by this Part but also guaranteed them. When rights are violated, the eitizensappeal to the court of law for their Article 33: Power ofParliament to modify the rights conferred by this Part in their application t protection. The court of law is empowered to enforce the FRs. On any matter relating t a FR, a forces, etc. citizen may file a petition in the High Cour/Supreme Court. Such petitionsare known Writ as Article 34: Restriction on rights conferred by this Part while martial law is in force in any area Petitions. Article 35:Legislation to giveeffect to the provisions of this Part INote: Articles 31, 31D and 32A has been repealed by Amendments] In brief, the FR forms the basis of our democratic system. However, the government is empowered to testrict then in the interests of the national The Article 32{Clause 2) empowersthe Supreme Court to issue directions, orders or writs whic security and soci0-economic progress. The Indian PaYliament may be appropriate. The five writs enumerated are Habeas Corpus, mandamus, prohibition, certiora may even curtail or suspend FRs under certain extraordinary circum_tances. FR is from Article 12 to Article 35 in the Constitution of India. The Articles of FRs and quo warranto. are as follows: Article 12: Definition 1. Habeas Corpus (HJ: (Writ gequiring person to be brought literally means beforejudges) IE 'ha Article 13: Laws inconsistent with or in derogation of the FR his body'. By this writ, the court can cause any person who has been detained or imprisoned t be physically brought before the court. The court then examines the reasons of his detention. I Richt to Equality there is no legal justif+cation, he is set free. The Supreme Court has laid down that production c Article 14: Equality before law the body of the prisoner before the court is not an essential feature of the writ. Disobedience c Article 15: Prohibition of discrimination on grounds of religion, race, caste, this writ is punishable as contempt of court. Hence, this kind of writ is very powerful. sex, or place of birth Article 16: Equality of opportunity in matters of 2. Mandamus [MJ: (Supreme Court's writ conveyingcommand to lower courts) It literally mean public employment a commaid or order. It is a command dirëcting a person, corporation, inferior court or govemmer Article 17: Abolition of Untouchability Article 18:Abolition on Tities or any public authority do the thing perform the act specified in the writ. The thing or ac to or must be in the nature of a pablic duty. This writ is a wakening call. It tells the sleeping authorit Right to Freedom which refuses to perform a public duty. It ia a writ which demands activity. It sets the authorit Article 19: Protection of certain ofrights regarding freedom of speech, ete in motion. Article 20:Proteçtion in respect conviction for offences 3. Prohibition fP}: (Order that forbids something) This is the reverse of Mandamas. In caae o Article 21: Protection of life and personal life Mandamus, the Supreme Court orders the Lower courts to be active whereas in case ofProhibitior Article 2: Protection against arrest and detention in certain cases it restricts or ask to be inactivé. In other words, the object of the writ is to compel lower courts i keep themselves within the limits of the jurisiction. It must be noted that prohibition liesonl Right Against Exploitation against judicial or quasi-judicial functions (courts and tribunals). It does not lie against the legislativ associations.- Article 23: Prohibition of traffic in human beings and forced/bonded labor or executive funtions.t cannot be issued against private persons or 4. Certiorari [C}: (Supreme Court issuing writ questioning decision of Lower court) It is used afte Article 24: Prohibition of employment of children in factories the decision/ action. The objective is to imit the role of a lower court to its jurisdiction. It can b Right to Freedom of Religion issued only by a Superior Court. It is directed against the orders of an Inferior Court or Tribunal Article 25: Freedom of conscience and free profession, practice and propagatiotn of reiigion S. Quo warranto [Q: (Writ regarding misuse of public offices) It is necessitated as some unlawfu Article 26: Freedom to manage religious affairs claimants seize by force (usurp) a public office. It literaily is a question 'where is your warran Article 27: Freedom as to payment of taxes for promotion of any particular religion ofappointment?" The Court by this writ éxamines the legality of the claim of a person to a publk Article 28: Freedom as to attendance at religious instructions or religious worship in certain office or franchise. If he is not able to show his legal right, he may be ousted by the Court. educational institutions  V -.. T *********** **** J J.  The DP may be grouped as follows (a) Certain ideals (b) Certain directions (c) Certain rights of citizens 3 These rights are not FR and are not enforceable. The DP helps the State to implement some of t goals and ideals of the Constitution. The ideals, directions aad rights of the of State Policy may be summarized as follows: citizen_ included under the D Social justice: Assuring social, economic and Directive Principles of State Policy promoting their welfare. political justice to the citizens for the purpose of Social justice to the weaker sections of the society: Providing adequate means of livelihoox preventing economic exploitation, giving facilities for their educational and economic developmen and providing free legal aid. Our Constiution aims at the establishment of a Welfare State. To achieve this aim, the Constitution has Women and child welfare: This includes framed certain priniples and policies. It has also given certain directions to the state to serve as equal pay for equal work, maternity relief to womer guidelines. protecting children against exploitation, and providing opportunities for their healtby Such guiding principles are known as Directive Principles of State Policy (DPSP). Also called the and giving free and developmen "Instrument Instructions'. These principles are for the good governance of the country and cannot of compulsory primary education. be enforced in the courtis. Labor welfare: Promoting the welfare of workers and giving them opportunities participate to i the management of industries. The DP of State Policy is given under Part IV of the Constitution. This Part contains Articles from 36 to 51.These Articles Help to the needy: Public assistance to those who are unemployed, old and ill. deals with almost all the necessary duties and functions to be done by the state. These Development of agriculture: Organizing agriculture and animal husbandry modern Articles deals with eduçation, environment, village panchayats, lines a for workers, etc. equal justice & free legal aid, the wages developing cottage industries..Environment: Protecting and improving the environment, so that natural resources and the flor The Provisions/Articles of DP of State Policy are as follows and fauna can be sustained. Protection and maintenance of places of.historic 1. Article 36: Defines the word interest: Historical monurnents are part of ou State 2. Article 37: Application of the Principles contained heritage ànd the state must protect and maintain them. Promotion of international peace and amity: The State must 3. Article. 38: State to secure a social order for the promotion of welfare of the people neighboring states (countries). develop good relations with al 4.. Article39: Certain PainciplesofPolicy to be followed by the state 5. Article 39A: Equal justice and free legal aid Principles 6. Article 40: Organization of Village (Grama) Panchayats The Directive Principles are the basic 7. Article 41: Right to work, to education and to public assistance in certain cases principles of a new social and economic order or of a welfare state These may be grouped under three categories i.e., Socialistic Principles, Gandhian Principles and Libera 8. Article 42: Provisionfor just and human conditions of work and matenity relief 9. Article 43: Living wage and other welfare measures for the workers Principles. !0. Article 43A: Participation of workers in the management of industries. Socialistic Principles 1. Article 44; Uniform Civil Code for the citizens.To secure and protect a social 12. Article 45: Provision for free and compulsory education for children order which stands for the welfare of the people (Art. 38). The state shall direct its policy towards 13. 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled securing: adequate means of livelihood to all citizens, a Article proper distribution of the material resources of the community for the common good. the Tribes andother Weakor Sectiens- prevention of concentration of wealth to the common detriment, equal pay for equal work for 14. Article 47: Duty of the state to improve the level of nutrition, standardofiving and to improve boih men and women, the the public health protection of the strength and health of workers and avoiding circumstances which force citizens to enter avocations unsuited to their 15. Article 48:Organization ofagriculture and animal husbandry age or strength, protection of childhood and youth against 16. exploitation of moral and material abandonment (Art. 39). Article 48A: Protection and improvement of environment and safeguarding of forests and wild The state shall secure equal justice and free legal aid to the poor (Art. 39A). life All people should get employment, education and 17. Article 49: Protection of monumentsand places and objects of national importance public assistance in the case of unemployment (Art. 41). 18. Article S0: Separation of judiciary from executive.To secure just human conditions of work and maternity relief (Art. 42). 19. Article S1: Promotion of intemational peace and security.Weaker sections of the society are given a proper care (Art. 46).  18 Constitution of India and Professional Ethics Gandhian Principles State shallorganize village panchayats as units of self-govemment (Art. 40). To secure work, a living wage, a decent standard of life, leisure and social and cultural opportunities forpeople and in particular to promote cottage industrics (Art. 43). 1o promote with special care, the educational and economic interest of the weaker sections of the people, especially the scheduled castes and tribes (Art. 46). T o secure the drugs (At. 47). improvement of the public health and theprohibition To organize agriculture and animal husbandry on scientific lines and of intoxicating drinks and 4 breeds and preserve and improve the prohibit the slaughter of cows, calves and draught cattle (Art. 48). Liberal Principles Fundamental Duties T b secure unifom civil code applicable to the entire a To country (At. 44). provide within ten years frorm the commencement of the Constitution. frec and The Fundamental Rights (FRs) and Fundamental Duties (FDs) are like the two faces of education all to children up to the age of 14 years (Art. 45). compulsory are one's obligations towards the country. When citizens a coin. The FDs T o protect all monuments to voluntarily perform them, the.country is sure of historical interest and national importance (Art. 49). make rapid progress. The FDs (Article To bring about the separaion of the adopted. They were included on 11th 5lA) did not form part of the Constitution judiciary from the executive (Art. 50). 1976 by the 42nd Amendment. None of originally as.To endeavor to secure, the ptomotion of international peace democracies like USA, Australia, Canada,December, and security, the the major and honorable relations between nations, the settlement of maintenance of just The Duties (10 + 01* France, Germany, etc. contain a table of FDs. (Art. 51). intermational disputes by arbitration 11) of the citizens enumerated = 1. To follows abide/respect by the Constitution and respect its are as ideals and institutions.the Difference between Fundamental Rights and Directive Principles tke National Anthem Naional Flag and 2. To cherish and follow Though the objective of both FRs and DPs are identical, there are the noble ideals which significant differences between the 3: To uphold and inspired our nationaB struggle for freedom two: prqtect the sovereignty, unity and 4. To defend the integrity of India FRs are mostly political rights which tend to restrain the State. They are alsó called as S. To promote country/motherlandand render national service when called upon to do so rights. Articles 14 and 21 are negatively worded. DPs are negative harmony and spirit of common brotherhood obligations of the State and social rights in the form of positive transcending religious, linguistic and regional or amongst all the people of India pertain to the economic field. derogatory to the dignity of women sectional diversities; to renounce.The scope of the FRs is limited but the DPs cover a vast area. 6. To value and practices FRs are justiciable. Courts protect them and compel the State to respect the But Courts cannot 7. To preserve the rich heritage of our composite culture direct the State to give effect to a DP: They are enforeeable rights. n. protet and improve the natural environment FRs are legally enforceable because to have compassion for living creatures including forests, iakes, rivers and wild life, and they are guaranteed rights. 8. To develop the scientific temper, humanism and the 9. To safeguard the public property and to abjure violencespirit of inquiry and reform 10. To strive towards excellence in all spheres of individual constantly rises to higher levels of endeavor and and collective activity so that the nation 11. * Who is a parent or guardian to provide achievement may be, ward between the age of 6 and opportunities for education to his chiid or, as the case 14 years Inserted by the Constitution (36thAmendment) Act, Comparison of Fundamental Duties 2002]. (FD) with Directive Fundamental duties are Principles (DP) The country expects them comparable to the Direcive Principles. The to perform certain FDs are addressed to the citizens. participants in attainment of national goals. The DPsFDsare as citizens. They are not spectators but active It is the duty of the state to goals by the Constituion for all not apply these DPs in making laws setup(as per Article 37). But im govemments. implement a DP, it cannot be penalized. There is no legal sanction. case a State does opinion. Similarly, the FDs The only sanction is have no sanction altached. The citüzen must perform these duties. The sanction public introspect and endeavor to should be self-imposed. They can not be enforced by the court. Our National Symbols National Flag: It has three colours-deep saffron (kesari) at the top, white in the middle and dark green at the bottom. In the center of the white band is a navy blue chakra (wheel). The chakra has 24 spokes. It is rectangular in shape (L:B=3:2). It should be either cotton or silk. The thread should prepared manually and the cloth hand-made. The saffron stands for sacrifice; white for tuth, peace and purity: and green for the evergreen carth as well as agricultural and industrial prosperity. Che design of chakra is taken from the capital of the Ashokan.Pillar at Sarnath. This is called Dharma Chakra i.e., Wheel of Law. It symbolizes constant movement. 5 National Anthem: The song Jana-gana-mana was composed by Rabindranath the Bengali language. The playing time of fuli and short versions is approximatelv Tagore in 1911 in and Union Government National Calendar: Also called as Rashtriya Panchanga., prepared by Meghnad Saha. * National Animal: Tiger Jn Idia, there are 28 states and 6 centrally-administered territories andDelhi is under Capital National Bird: Peacock Administration*. All these form the Union of India. The states have no As indicaled by the Constitution, there power to recede from the Union. National Flower: Lotus is a govemment at the Center and at the State level and they carry National Tree: Banyan on adninistration according to the division of powers. Any act of government which goes against the National Fruit: Mango. Constitution is declaréd ultra vires (beyond powers) by the Supreme Court of India. (*28 States: Andhra Pradesh, Assam, Bihar, Gujarat, Kerala, Madhya Pradesh, Tam Nadu, Maharastra, Karnataka, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Jammu & Kashmir, Ngaland, Haryana, Hiiachal Pradesh, Manipur, Tripura, Meghalaya, Sikkim, Mizoram, Arunachal Pradesh. Goa, Utaranchal, Chhattisgarh and Jharkhand *07 Union Territories: Chandigarh, Delhi, Andaman & Nicobar Islands, Lakshadeep, Dadra & Nagar Haveli, Diu & Daman and Pondicherry) Relationship between the Center and the States Today, in a written Constitution, we find two kinds: one is unitary type, where there is to the entüre nation only one government (Examples are England, France, etc.). The other one is federal type. where the powets of the nation are divided between the Center and States (Examples are India, USA, Switzerland, etc.). The Constitution has distribued the powers into three lists:. Central List: There are 97 subjects like Defencé,