Indian Constitution Historical Background PDF

GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 GNANADHARE EDUCATIONAL TRUST ® GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 POLITY NOTES 1 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 CONSTITUTION HISTORICAL BACKGROUND TO INDIAN CONSTITUTION:- The British came to India in 1600 as traders in the form of East India Company and had exclusive right of trading under a charter granted by Queen Elizabeth I. In 1765 the company which had purely trading factions obtained the Diwani Rights (Righ over revenue and civil justice) of Bengal Bihar and Orissa. On the wake of ‘Sepoy Meeting’ in 1857, the “British Csown” assumed direct responsibility over the governance of India which continued till India government Independence. Along with the independence came the need of a constitution in 1934, MN Roy (a pioneer in the communist movement in India and an advocate) for the first time suggested the need of a constituent assembly. A constituent assembly was formed in 1946 and one jan26 1950 constitution came into being these are certain in the British rule that laid down the legal framework for the functioning of British rule also these events have greatly influenced our constitution and polity chronological events are explained below. 1. 1773 Regulating Act:- Governor of Bengal renamed as governor general of Bengal. This Act provides courts of directors to regulate administration of east India companies. 2 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Courts are required to submit report of revenue civil and military affairs in India. This Act provides for governor general executive council of members. Supreme courts were established at calculate (fort William) 1774. This act made governor of madras and Bombay subordinate to governor general of begal. 2. 1784 - Pitt’s India Act To rectify the defects of regulating act of 1773 British parliament passed the amending act of 1781, It is called as Act of Settlement. Features The commercial and political functions of company were differentiated. It allowed the court of directors (COD’S) to manage the commercial affairs; also a new body was created called the Board of control (BOC’S) to manage the political affairs. Therefore A double government system was established. BOC’S were empowered to control and supervise all civil, military and revenue operations of British possessions in India. The act is very significant for 2 reasons. For the first time company’s territories in India were called as “British possessions in India”. British government was given the supreme control over company’s affairs and administration. This act provides board of control to manage political affairs in India. 3 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Whereas court of director would manage commercial affairs in India. The number of members of executive council has been reduced from 4 to 3. 3. 1813 - Charter Act This Act abolished monopoly of east India Company in trade in India except trade with china and trade India. Called as era of “promotional of education in India”. For the first time rupee 1 lakh is allocated for the promotion of education in India. 4. 1833 Act 1833 this act abolished monopoly of east India company on commercial matters completely including trade in china and trade India. Hence this era is called “completely free trade in India”. This act provides appointment of a law member to governor general executive council. The act provides appointment of commission for the codification of laws in India. Governance William benthic was the first governor genial of India. 5. 1853 chartered Act:- This Act provides for the first time a separate legislative council 6 members. 4 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 For the first time it introduced on open competitive system for the requirement of civil servants (for India). Governor General of India was divested from local charges of governor general of Bengal. 1ST Bengal governor general of India was Lord Dalhousie. 6. 1858 government of India Act (queen’s proclamation). Abolished dual system of court of director and board of controls. Act also abolished East India Company. It created new office in the form of. He was member of British cabinet and accountable to British parliament. Lord atanely Ist secretary of state for India. This act renamed the governor general of India as viceroy such first viceroy was lord caning. British prime minister during queen proclamation, “Lord Palmerston”. 7. 1861 India’s council Act For the first time this act provides association of Indians in the viceroy legislative council. First 3 Indians o Raja of Banaras o Maharaja of Patiala o Sir dinakar rao This act initiated the process of restoring process to Bombay and madras presidencies. 5 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 This act for the first time introduces portfolio system. Governor (viceroy) general was given the power issue ordinances. 8. 1892 India council Act This act for the first time introduced indirect elections for the Indians in viceroy legislative councils and provisional legislative council. This act provides the power to viceroys legislative council members to discuss budget and to ask questions related to budget. 9. 1909 Morley minto reforms Morley secretary to state This act provided separate electorate for Thus it is considered to be genesis of 2 nation theory in India. This act increased members of viceroy legislative council to 60. This act retained British majority in the central legislative council and allowed the provisional legislative council to have majority of Indians. This act provided for the first time association of Indians in viceroy executive council. (Satyendra Prasad sinha) was the first Indian to form viceroy executive council. The system of direct elections was introduced through this for the first. This act provides system of local governance in India. Lord Rippon father of local self governance. 6 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 10. 1919 Government of India Montague Chelmsford reforms Introduce for the first time directly in the provinces. According to this, subjects were divided into 2 lists. o reserved list o transferred list The subjects in the reserved list are headed by British who are not responsible to legislative council (governor general). But transferred list were responsible to legislative council. It introduced for the first time Bicameralism. It intended separate electorate for Sikhs, Anglo Indians, Christians and European in India It created a new office for the high commission for India in London. This act also provided for the Ist time parliament voting rights for women. Provided for the establishment of public service commission hence a central public service commission was established in 1926. A separated for the first time provincial budget from central budget. 11. 1935 Government of India Act. This act provides for creation of all India federation comprising of British provinces 11 and princely states. But this attempt was failed because of disapproval by the princely states. 7 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 This act abolished directly in the provinces and provided provincial autonomy. the directly system was introduced at the centre According to which the process are divided between courts and its units or princely states. o federal list o provincial list o concurrent list This act introduced bicameralion in 6 out of 11 provinces. Bengal, Bombay, Madras, Bihar, Assam limited province. This act further entered commercial representation or separate electorate for depressed class (SC) and women. Thus act provides for the establishment of not only federal public service commission and also provincial public service commission. This act provides for the established of not only federal public service commission and also provincial public commission. This act provides for the established of Reserve bank of India. This Act provides for the established of federal court which was set up in 1937 in Delhi. Same court was inaugurated as Indian Supreme Court in Jan 28 1950 8 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 INDIAN CONSTITUTION PARTS DEALS ARTICLES 1 Union and its territories 1-4 2 Citizenship 5-11 3 Fundamental rights 12-35 4 Directive principles of state policy 36-51 4A Fundamental duties 51A 5 Union government 52-151 6 State government 152-237 8 Union territories 239-242 9 Panchayath 243-243 9A Municipalities 243p-243ZG 10 Scheduled and tribal areas 244-244A 11 Relation between union and states 245-260 12 Finance , property and contracts 261-300A 13 Trade commission in territory of India 301-307 14 Service under union ans states 308-323 15 Tribunals 323-323 16 Elections 324-329A 17 Special provisions for SC/ ST/ OBC/ 330-342 Anglo Indians 18 Official languages 343-351 19 Emergency provisions 352-360 20 Miscellaneous 361-367 21 Temporary transitional and special 368 provisions 22 Short titled commencement and text of 392-395 Hindi language 9 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 SHEDULES OF INDIAN CONSTITUTIONS 1 Names and territorial extent of 29 states and 7 union territories. 2 Salaries allowances of president speaker chairman of Rajyasabha Governors judges of supreme court high courts and CA ( Controller and auditor general of India) 3 Forms of dath to be made by president, union and state ministers MLA’S, MP’S, judges of supreme and high courts. 4 Number of seats allotted to various states in Rajyasabha. 5 Administration and control of scheduled areas and scheduled tribes “except” in 4 states Assam, Meghalaya, Tripura, Mizoram. 6 Administration of tribal areas in states of Assam, Meghalaya, Tripura, Mizoram. 7 Division of powers 8 language 21st Amendment 1967 Konkani, Manipuri, Nepali Bodo, Dogri, Maithili and Saitaali. 9 Added by 1st Amendment Act 1957 Deals in land reforms Acts and provisions of this act “cannot” be questioned by any court. 10 Antidefection law Added by 52nd Amendment Act 1985. Deals in disqualification of members during defection. 11 Added by 73rd amendment Act 1992. 10 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Deals in panchayaths, consists of 29 subjects. 12 Added by 74th Amendment Act 1992 consists of 18 subjects. MAKING OF CONSTITUTION:- It was in 1934 the idea of constituent assembly for India was part forward for the first time by M.N Roy. M.N Roy was a pioneer of communist movement in India as an advocate of radical democritisum. In 1935, the Indian national congress (INC) for the first time officially demanded a constituent assembly to frame the Indian constitutions. In 1938, Jawaharlal Neharu on behalf of INC declared that the constitution for free India must be framed, without outside interference, by a constituent assembly elected on the basis of adult franchise. The demand was finally accepted in principle by British government in what is known as the “August offer” of 1940. In 1942, sir Stafford Cripps, came to India with a draft proposal of Indian constitutions which will be adopted after world wasrII. However, Cripps proposals were subjected by the Muslim league which wanted India to be divided into two autonomous status with 2 constituent assemblies. Finally, a cabinet mission was sent to India, however it rejected the idea of 2 constituent assemblies, and put forth a scheme for the constituent assembly which more or less satisfied the Muslim league. 11 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 COMPOSITION OF CONSTITUENT ASSEMBLY:- According to the scheme formulated by the cabinet mission plan, the constituent assembly was constituted in November 1946. FEATURES OF CONSTITUENT ASSEMBLY:- The total strength of CA was 389. Out of this 296 seats belonged to British India and 93 seats belonged to princely states. Out of 296 seats of British India, 292 member were to be drawn from the 11 governors provinces and 4 from chief commission province each. Seats province and princely state were to be allowed seats in proportion to their respective population ( roughly 1 seats to 1 million population). Seats allotted to each British province were to be decided among 3 principle communities, Muslim, Sikhs and generalation proportion to their population. The respective of each communities were to be elected by members of that community in provincial legislative assembly. The respective of princely states were to be nominated by heads of the princely states. thus, CA was partly elected and partly nominated body. The election for 296 seats were held on July, august 1946. INC won 208 seats, Muslim league won 73 seats 15 seats. However 93 seats allotted as they decided to stay away from CA. Although the constituent assembly was not directly elected by the people of India on the basis of adult franchise, the assembly had representatives of all section of Indian society. Hindus Muslims, SIKHS, 12 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 PARSIS, Anglo-Indians, Indian, Christians, SC’S ST’S including women of all these sections. The CA included all important personalities of that time except M. Gandhi and M.A Jinnah. WORKING OF CONSTITUENT ASSEMBLY:- The constituent of assembly helds its first meeting on Dec 9th 1946 the Muslim league by coated the meeting and insisted on a separate state of Pakistan the meeting was thus attended by only 211 members. Dr. Sachidanand sinha the oldest member was elected as the temporary president of the assembly following the French practice. Later on Dec 11,1946 Dr Rajendra Prasad and H.C Mukherjee were elected as the president and vice president of assembly respectively, sir B.N Ram was appointed as the constitutional advisor to the assembly. OBJECTIVE RESOLUTION:- On December 13, 1946, Jawaharlal Neharu moved the historic objective resolution in the assembly. It laid down the fundamental and philosophy of constitutional structure. This resolution was unanimously adapted by the assembly on Jan 22 1947. It influence the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the preamble of the present constitution. 13 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 CHANGES AFTER INDIAN INDEPENDENCE ACT:- The representatives of the princely states who had stayed among from the CA, gradually joined it. After the acceptance of the Mountbatten plan of June 3, 1947, for a partition of the country, the representatives of most of the other princely states took their seats in the assembly, the members of the Muslim league from the Indian divisions also entered the assembly. The I.I.A of 1947, made the fallowing changes in the position of the assembly. The assembly was made a fully savergine body, which could frame any constitution it pleased. The assembly also became a legislative body in other words, 2 separate functions were assigned to the assembly, that is. o Making of a constitution for free India. o Enacting of ordinary laws for the country. Thus, CA became the first parliament of free India. Wherever assembly met as the constituent body it was chaired by Dr. Rajendra Prasad. Wherever it met as a legislative body, was chaired by G.V Mavlankar. These two functions constituted till Nov26,1949 till the task of making constitution was over. 14 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 OTHER FUNCTIONS OF CA REFORMS:- 1. In addition to making of constitution and enacting ordinary laws. It adopted national flag on July 22, 1947. It adopted national anthem on jan24, 1950. It adopted national song on Jan 24, 1950. It elected Dr. Rajendra Prasad as the first president of India on Jan 24, 1950. 2. Totally CA had 11 session over 2 year 11 months and 18 day’s. 3. The constitution makers had gone through the draft constitution of about 60 countries, and draft constitution was considered for 114 day’s. 4. Total expenditure incurred on making the constitution was rupees 64 lakh. On Jan 24, 1950, CA held its final session, However it did not end and continued as provisional parliament of India from 26, Jan 1950 till the new parliament after general elections of 1951-52. SALIENT FEATURES OF THE CONSTITUTION:- 1. Lengthiest written constitution:- It is lengthiest, written constitution in the world. It is very comprehensive, elaborate and detailed document. Originally there was a preamble, 395 articles divided into 22 parts and 8 schedules. Presently there are 468 articles 25 parts and 10 schedules. 15 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 2. Drawn from various sources: The structural part of constitution is to in large extent derived from government of India act 1935, the philosophical part of the constitution (FR & DPSP derive inspiration from French and Ireland). Political part have been largely derived from British constitution. Other provisions are drawn from Canada, Australia, Germany, USSR, France SA, Japan and so on. 3. Blend of rigidity and flexibility. A rigid constitution is one which requires a special procedure for its amendment by American. A flexible is one in which the amendment can be made in same manner as ordinary laws are made. Ex:- British constitution. Indian constitution is neither rigid nor flexible but a synthesis of both article 368, provides for 2 types of amendments. 4. Federal system in unitary bias:- Federation is dual government division of power, supremacy and bicameralisation. How every unitary / non federal feathers are strong centre, single constitution, single citizenship, integrated judiciary, and bicameralisation. More ever the term federation has now where been used in the IC article/ describes India as a union of states. 16 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Hence IC has been variously describe as federal inform and unitary in spirit, quasi federal by KC Where bargaining federalism by Morris Jones etc. 5. Parliamentary form of government. IC has opted for British parliamentary system of government rather than American presidential system. Parliamentary system is also known as Westminster model of government, responsible government and cabinet government. Features of PG:- a) Presence of nominal and real executive. b) Majority party rule. c) Collective responsibility of executive to the legislature. d) Membership of ministers in legislature. e) Leadership of PM or CM. f) Dissolution of lower house. 6. Synthesis of parliamentary sovereignty and federal supremacy. There is a proper synthesis between the parish principle of parliamentary severginity and US principle of judicial supremacy. SC on the other hand can declare the parliamentary laws as unconstitutional through the power of judicial review the parliamentary on the other hand, can amend the major portion of the constitution through the constituent power. 17 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 7. Integrated and independent judiciary:- SC is the federal court, the highest court of appeal, the guarantor of fundamental rights to citizen and guardian of the constitution. Hence there are various process to ensure its independence. Ex:- separation of judiciary from executive prohibition on discussion on conduct of judges in legislatures etc. 8. Fundamental rights. FR’S are meant to political democracy of individuals. They are justifiable in nature is, enforceable by the court when violated the affected person can directly approach the SC and can issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warrantor for the restoration of their rights. However, fundamental rights are not absolute and there are subjects to reasonable restrictions also they are not sacrosanct in nature. They can be suspended during the operation of national emergency except article 20 & 21. 9. Directive principles of state policy. Dr. B.R Ambedkar call it has the novel features of Indian constitution. The DPSP are meant to promote the ideal of social and economic democracy. They are established for the Moto of a welfare state to India. 10. Fundamental duties:- Original constitution did not provide for the fundamental rights of the citizens they were added during the operation of internal 18 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 emergency (1975-77) by 42nd amendment of 1976 on the recommendation of the Swarn Singh committee. 11. Secular state IC is secular and hence it does not uphold any particular religion as official religion of the state. 12. Universal adult franchise:- IC adopts universal adult franchise as a basis to loksabha and state legislature assembly election every person who has attained 18 years has the right to vote. 13. Single citizenship:- Though IC is federal and envisages a dual policy it provides only for a single citizenship in Indian citizenship. Despite the constitutional provision of a single citizenship and uniform rights for all the people, India has been witnessing the communal riots, class conflicts, caste were linguistic clashes and ethnic disputes, this means the cherished goal of the constitutional; makes to build united and integrated Indian national has not been finally realised. 14. Independent bodies:- These are certain independent bodies. a) Election commission to ensure free and fair election to parliament, state legislatures, president and vice president. b) Controller and auditor general of India to audit the accounts of the central and state governments. 19 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 c) UPSC to conduct examination for recruitment to all Indian services. d) State public service commission in every state to conduct examination for state service. 15. Emergency provision:- The rationality behind the incorporation of this provision into safeguard to sovereignty unity, and integrity and security of the country. National emergency during was aggression external and armed rebellion(352). State emergency (president rule) on the ground of failure of constitutional macharcy of state (356). Financial emergency on ground of treat to financial stability or credit of India (360). During emergency the central government become all powerful and states go into the total control of centre. It connects the federal structure into a unitary one without amendment in constitutions; this is unique feature of IC. 16. 3 tier government:- Originally, IC provided for a dual polity states the 73rd and 74th CAA (1992) have added a third tier of government, ie (local) which is not found in any other constitution of the world. 20 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 PREAMBLE OF THE CONSTITUTION:- The American constitution was the first to be begin with a preamble, many countries including India, fallowed the practice. Preamble refers to constitutional; it contains the summary or essence of the constitution. N.A Palkhivala an eminent jurist and constitutional expert called the preamble as “identity card” of the constitution. The preamble is based on the objective resolution drafted and moved by Pandit Nehru. And adopted by constituent assembly. It has been amended by the 42nd constitutional amendment act which has added 3 new words, socialistic, secular and integrity. INGREDIENTS OF PREAMBLE:- Source of authority of the constitution preamble states that constitution derives its authority from to people of India. Nature of Indian states :- It declares India to be a sovereign, socialist, secular, democratic and republic. Objectives of constitution:- it specifies justices liberty, equality and fraternity as the objective. Date of adoption of the constitution:- it stipulated nov 26, 1949 as the date. KEY WORDS:- 1. SOVERIGN Word sovereign implies that India is neither a dependency nor a domination of any other national, but is an India president state, where is no free to conduct its own affairs. 21 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 2. SOCIALIST Notably the Indian brand of socialism is a democratic socialism and not a communist socialism democratic socialism holds faith in the mixed economy where both public and private sector coincide side by side. India socialism is blend of Marxism and Gandhian learning heavenly towards Gandhian socialism. 3. SECULAR:- The term secular was added by the 42 constitutional amendment act of 1976, the Indian constitution embodies the positive concept of secularism is , all religion in the country have the same status and support from the state 4. DEMOCRATIC The type of democracy is known as representative democracy, its of two types parliamentary and presidential. IC provides for representative parliamentary democracy, universal adult franchise, periodic elections, rule of low, independence of judiciary and absence of discrimination on certain grounds are the manifestations of democratic character of Indian polity. 5. REPUBLIC:- The term republic in one preamble indicates that India has an elected head called the president, He is elected indirectly for a fixed period of 5 years. 22 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Republic also means two more things, one vesting of political sovereignty in the people and not in a single individual like a king second are absence of any privilege class and hence all public offices belong opened to very citizen without any discrimination. 6. JUSTICE:- Word justices is the preamble embraces 3 district forms, social, economic and political. Social justice denotes the equal treatment of all citizens without any social destination based on caste, colour, race, religion, and so on Economic public denotes the non discrimination between people on the basis of economic factors. Political justice implies that all citizen should have equal political avoiders and equal voice in the government. 7. LIBERTY:- The ideals of liberty, equality and fraternity in one preamble have been taken from the French revolution. The term liberty means the absence of restraints on the activity of the individual at the same time providing opportunity for the development of individual personalities, Liberty has be enjoyed certain limitation mentioned in the constitution itself. 23 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 8. EQUALITY The term equality means the absence of special privileges in any section of the society, and the provision of adequate opportunities for all individuals without any discrimination. Preamble secure to all citizens of India equality of states and opportunity this provision embraces 3 dimension of equality- civic, political and economic. Article 14,15,16,17,18, A 325, 326 all provides equality to the citizens. 9. FRATERNITY:- Fraternity means a sense of brother hood this feeling is promoted by the system of single citizenship. Also the fundamental duties of (Article 51A) Say that it shall be the duty of every citizen of India to promote harmony and the spirit of brotherhood amongst the people of India. SIGNIFICANCE OF PREAMBLE According to K.M Munshi a member of the drafting committee of constituent assembly the preamble is the “horoscope of one sovereign democratic republic”. Pandit ihakur das bhargana another member of constitution assembly called it soul of constitution key to constitution, and set of secular in constitution. M.H dayatullah frames CJI observed preamble as soul of our constitution Which lays down the pattern of our political society? 24 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 PREAMBLE AS PART OF THE CONSTITUTION:- One of the controversies about the preamble is as to whether it is a part of constitution or not. In the Barbary union case (1960) the supreme court said that preamble shows purpose of constitution despite the recognition of the significance of the preamble, the supreme court specifically pined that preamble is not a part of constitution. keshavanda Barati case (1973) Supreme court subjected the earlier opinion and held that preamble is a part of constitution. In the LIC of India case(1995) also, supreme court again held that the preamble is an integral part of constitution. However two things should be noted a) The preamble is neither a source of power to legislature nor a prohibition upon the power of legislature. b) It is no justifiable, that is, its provision are not enforceable in courts of law. AMENDIBILITY OF PREAMBLE The question to whether the preamble can be amended under article 368 of constitution across for the first time in the historic case of Keshavananda Bharathi (1973). It was urged that the preamble cannot be amended as it is not a part of the constitution, also article 368 cannot be used to destroy or damage the basic elements of the fundamental features of the constitution which are enshrined in the preamble. However Supreme court held that the preamble is a part of constitution and 25 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 it can be amended without altering the basic structure / feature of the constitution. The preamble has been amended only once so far in 1976, by 42nd constitutional amendment act which has added there new words- socialist, secular and integrity to the preambles. UNION AND ITS TERRITORY:- Article 1-4 under part-1 of the constituent deals with union and its territory. Union of states:- Article-1:- India that is Bharat is union of states rather than federation of states this provision deals with 2 things one name of the country, and two is type of polity. According to the Dr. Ambedkar the phrase union of states has been preferred over the federation of states for 2 reason. The India federation is not the result of an agreement among the states like the American federation. The states have no right to suede from the federation. According to article-1, territory of India can be classified into the categories:- 1. Territories of the states 2. Union territories 3. Territories that may be acquired by the government of India at any time. 26 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 The states are the members of federal system and centre. The union territories on the other hand are directly administered by the central government being or sovereign state, India can acquire foreign territories according to the modes recognised by international law, is session, occupation, conquest or subjugation Ex:- India has acquired several foreign territories such as Dadra and Nagar Havel, Goa, Daman, Diu, Pondicherry and Sikkim since the commencement of constitution. Article-2:- empower the parliament to admit into the union of India, or establish new states. Notably, article 2 relates to the admission or establishment of new states that are not part of the union of India. Article 3:- Article 3 on the other hand relates to the formation of or changes in the existing states of the union of India in other words article 3 deals with the internal readjustment interse of the territories of the constituent states of the union of India. PARLIMENTS STATE REDRGANISING POWER:- Article 3 authorise parliament to :- Form a new state by untiring 2 or more states or parts of states or by uniting any territory to a part of any state. Increase the ares of any state Alter the boundaries of any state. 27 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Alter the name of the any state but it has 2 conditions:- 1. A bill contemplating the above changes can be introduced in the parliament only with the prior permission / recommendation of the president. 2. Before recommending the bill the present has to refer the same to the state legislature concerned for expressing its view within a specified period. 3. The president (or parliament) is not bound by the views of the state legislature and may either accepts or reject them. Article 3 clearly mentions that the parliament can redraw the political map of India according to its will hence it is rights describable states. The union government cannot destroy the union. Article:-4 Laws made for administration established of new states or and formation of new states and alteration of areas boundaries or names of existing states ( A-3) are not to be considered as amendments of the constitution under A-368. This means that such laws can be passed by a simple majority and by the ordinary legislature procedure. Does the powers of parliament to diminish the area of a state (under A) include also the power to code Indian territory to a foreign country?? This question came up for examination before the supreme court in a reference made by the parliament in 1960. The decision of the central government to code part of a territory known as Bernbari union (WB) to Pakistan led to political agitation and controversy. Supreme court that 28 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 the power of parliament to diminish the areas of a state (A-3) does not cores decision of Indian territory to foreign country to Pakistan. Also in 1969 supreme court ruled that settlement of a boundary disputes between India and another country does not require a constitutional amendment it can be done by executive action only. EVOLUTION OF STATES AND UNION TERRITORIES;- Integration of princely states:- At the time of independence, India comprised 2 categories of political units namely the British provinces ( under the direct rule of native princes out subject to paramountary of British crown) The Indian independence Act 1947, created 2 independent and separate dominions of India and Pakistan and gave 3 opinion to the princely states viz:- joining India joining pak or remaining independent. Out of 552 princely states situated within the geographical boundaries of India 549 joined India and remaining 3 (Hyderabab, Junagadh and Kashmir) refused to join India. However in course of time they too also integrated with India. Hyderabad by mean of police action, Junagadh by means of referendum and Kashmir by the instrument of accession. In 1950, constitution contained 4-fold classification of states of union India. Totally 29 in number:- Part A :- 9 governors provinces of British India. Part B :- 9 princely states in legislature Part C :- 10 chief commissioner provinces of British India. Part D :- Andaman and Nicobar island. 29 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 DHAR COMMISSION AND NP COMMITTE:- There had been a demand from different region, particularly south India, for recognition of states on linguistic basis, according to June 1948 the govt of India appointed the linguistic provinces committee under chairmanship of S.K dhas to examine the feasibility of this commission submitted its report in Dec 1948 and recommended the reorganisation of states on the basis of administrative comedienne rather than linguistic basis. This led to much resentment and thus another linguistic province committee was constituted and it was popularly known as JVP committee consisted of Jawaharlal Neharu, vallabhai patel and Pattabhi Sitharamaiha. It submitted the report in April 1949 and formally rejected languages as the basis for reorganisation of states. However in Dec, 1953 the government of India was forced to create the first linguistic state known as Andhra Pradesh, by separating the telugu speaking ares from the madars state this followed a prolongfed popular agitation and the death of Potti sriramulu, a comngree person of standing, after a 56 day hunges strike for the cause. Faral Ali Commission:- The creation of Andhra state intensified the demand from other region for creation of states or linguistic basis. This forced the GOI to appoint a 3 member state reorganisation commission under the chairmanship of faral Ali to re-examine the 30 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 whole question its other two member were K.M pannithkar and H.N kunzru. It submitted its report in 1955 and broadly accepted language as a basis of reorganisation of states, but it rejected the theory of one language one state. Its view was that the unity of India should be regarded as primary consideration of the country political units. The commission abolished the four-fold classification of states under original constitution and creation of 16 states and 3 centrally administered territories. By the state reorganisation Act of 1956 and 7th CAA, part A,B,C,D, was abolished. 14 states and 6 UT were created on Nov 1, 1956. New states and UT’s created after 1956 YEAR STATE 1960 - Gujarat – 15th state of Indian union 1961 - Dadar and Nagar Haveli – converted to UT by th 10 CAA 1961 - Goa, dui, Daman – UT by 12th CAA However in 1987, Goa was coffered a state hood daman and dui was made a separate UT 1962 - Pondicherry – UT by 14th CAA 1936 - Nagaland - 16th state of Indian union. 1966 - Haryana, Chandigarh, Himachel Pradesh– Chandigarh was Indian union 1972 - Manipur, Jaipura, Meghalaya 31 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 CITIZENSHIP:- India has 2 kinds of people:- o Citizens o Aliens Citizens are full members of Indian state and enjoy all civil and political rights. Aliens on other hand do not enjoy all the civil and political rights. Aliens: - Friendly Aliens have cordial relation in India. An enemy Aliens subject of that country with whom we are in was with. Enemy aliens enjoy lesser rights than the friendly aliens. Eg, they do not enjoy protection against arrest and detention ( A.22) The constitution confers the following rights and privilege to Indian citizens and denies it to aliens. 1) Article - 15, 16,19, (29&30) + 2) Right to contest for the membership of parliament and state legislature. 3) Eligibility to hold certain public offices that are president, vice president, SC & HC judges, governor of states, atoney general and advocate general of states. Along with this rights citizens own certain duties like paying taxes, respecting national flag, anthem, defending country etc. 32 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 In India both a citizen by birth and naturalised citizen are eligible for officer of president while in USA, only a citizen by birth is eligible to become president. Constitutional provisions:- The constitution deals with the citizenship from Article - 5 to 11 under part 2. However it does not have any elaborate provisions in this regard. It only tells who can become citizens of India at its commencement (Jan 26, 1950). It does not deal with acquisition or loss of citizenship subsequent to commencement. The constitution empowers parliament to enact laws of any matter relating to citizenship. According to parliament has enacted they citizenship Act 1953, which has been amended in 1986, 1992, 2003, 2005, 2015, 2016. According, to constitution to that fallowing 4 categories of person became the Indian citizens during its commencement Article 5 A person who has his dominal in India and has fulfilled only one of the 3 condition If he has born in India. If either of his parent born in India If he has been ordinary president of India immediately before 26/01/1950 33 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Article 6 A Person navigated to India from Pakistan become an Indian citizen if he or either of his Parent or any of his grand parent was born in undivided India Article 7 A Person who migrated to Pakistan from India after march 1. 1947 but later returned to India for resettlement could become an India citizen for these he had to reside in India for 6 months preceding the date of his application for registration Article 8 It cover the overseas Indians who mag want to acquires Indian citizenship A person or any of whose parents or grand parent was born in undivided India but residing out side India shell become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of Indian on that country of his residence whether before or after the commencement of constitution If sum up these provisions of deals with the citizen ship of Person domiciled in India Person migrated from Pakistan Person migrated to Pakistan but later returned Person of India origin residing outside India 34 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Article 9 No person shall be Indian citizen if he has voluntaesily acquired to citizenship of any foreign state Article 10 Every person shall continue to be such citizen subject to the permission of law made by parliament Article 11 Parliament have the power to make any provision with respect to the aquision & termination and all matters relating to citizenship CITIZENSHIP ACT:1955 Provides for acquisition & loss of citizenship office the commencement of constitution Amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, 2015 it has been amended 8 times Acqusition 1. By birth A person born in India on after 26/01/1950 but before 1/7/1987 is a citizen of India A person born after 1/7/1987 become citizen if either of his parents were Indian citizen his birth A person from after 3/12/2004 becomes Indian citizen if both of his parents are citizen of India or one of the parents is a citizen of India & other is not the illegal migrant at the time of their birth 35 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 The children of foregain diplomats posted in India and alins cannot acqurise Indian citizenship 2. By descent A person born ontride India on or after 26/01/1950 but before 10/12/1992 is a citizen by decent if his was a citizen of India at the time of his birth A person born on a after 10/12/1992 become Indian citizen if either of his parents is an Indian citizen From 3/12/2004 a person born outside India shall be a citizen by descent if his birth is registered at an Indian consulate birth in one year of the date if his birth permission from central govt 3. By Registration : The central govt many on an application register as a person as Indian citizen if The person is ordinary resident in India for 7 years before making application The person is married to an Indian citizen and resident in India of 7 years Minor children of persons who are citizen of India 4. By naturalization : It can be granted to any person, if following qualification If he is not a subject on citizen of any countey where Indian citizen are presented from becoming citizen of that country by naturalization 36 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 He is of good character. He has adequate knowledge of language specified in 8th schedule A person who has rendered distinguished service in science, plilorphy art, literature, world perce or human progress every naturalised citizen must taken an both of allegiance to the constitution of Indian. 5. By incorporation of Tessitory: If any foregain tessitory become a part of Indian the govt of India specifics those citizen as Indian citizen Eg. when Pondicherry become a post of India , the GOI issued the citizenship order 1962 under citizenship act-1955 Loss of citizen 1. By renumrition Any citizen of India of age & capacity can make a declaration renomringhis Indian citizenship Upon the registration of the declaration, person ceases to be a citizen of India However if such a declaration is made when India is engaged in was its registration shall be with held by the central govt Further when a person renounces his Indian citizenship every minor child of that person loses Indian citizenship 2. By termination When an Indian citizen voluntarily acqusies citizenship of another country, hos Indian citizenship automatically termination 37 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 3. By deprivation It is compulsory termination of Indian citizenship by the central govt if: The citizen has obtained the citizenship by fiand The citizen has show disloyalty to the constitution of India The citizen has unlawfully traded a communicated the enemy during a war. The citizen has been ordinarily resident out of India for 7 years continuously The citizen has, within 5 years after registration or naturalization been imprisoned in any country for two years FUNDAMENTAL RIGHTS 1. The fundamentals rights aer enshsined in part 3 of the constitution from article 12 to 35 2. The famese of the constitution desirvsd inspiration from the constriction of USA (ie, bill of night ) 3. Part 3 is rightly described as magnacaita of India 4. Fundamental rights in one constitution are more elaborate there those found in the constitution of any other country in the world including USA 5. Fundamental rights guarantee equality of all individually and meant for promoting the ideal of political domisary Originaly cosititution provided for seven fundamental rights namely 1. Right to equality (A-14-18) 2. Right to freedom (A-19-22) 3. Right against exploitation (A-23, 38 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 4. Right to freedom of religion (A-25-28) 5. Cultural &educational rights (A-29-30) 6. Right to property (A-31) 7. Right to constitutional remedies (A-32) However the right to property was deleted from the list of fundamental rights by the 44th C.A,A 1978 it is made a legal rights under A-300A in part 12 of the constitution so at present there are only 6 fundamental rights FEATURES OF FUNDAMENTAL RIGHTS Some of there are available only to the citizen while others are available to all person whether citizens, foreigners or all persons whether citizens, foreigners pr legal person like corporation &company FUNDAMEMTAL RIGHT FEATURES OF FUNDAMEMTAL RIGHT Some of there are available only to the citizen while others are available to all person whether citizen foreign or legal person like corporations & company They are not absolute but qualified the state can impose reasonable restriction are reasonable or not is to be decide by the consts Most of them are available against the arbitry action of the state Some them are negative in character that is some limitation on the authority of the state, while other are positive in nature, confusing certain on the person. 39 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 They are instiable, allowing person to more the consts for their enforcement, if and when they are violated. They are defened and gnarsted by the s.e. They are not of permanent the parliament can custail or refel them but only buy a constitutional amendment act and not by an ordinary act. They can be suspended during the operation of a national emergency expect the rights granteed by article 20 & 21, art 19 can be suspended only when emergency is declared on the grounds of was/enternal aggression &not on the ground of armed nebelloin /il internal emergency. Their scope of operation is limited by article 3A, 3B & 3/C. 3/A (saring of laws proving for acquisition of state etc). Article 31(B) {Validation of certainets & regulations included in 9th schedule}. Article 31(C) saving of laws giving efficet to certain disertive principals. Theirs application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be interacted on abrogated by the parliament (Article 33). Their application can be restricted while martial law is in force in any area marital law means military rule improved under abnormal circumstances to restore order 40 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 LAWS INCONSISTENT WITH FUNDAMENTAL RIGHT Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void in other words, it expressively provides for the doctrine of judicial review. FUNDAMENTAL RIGHT AT A GLANCE Category Consists of Rights to equality Equality before law and equal (Articles14-18 protection of laws (article 14) Prohibition of discrimination on grounds of religion. Race caste, sex or place of birth (article15) Equality of opportunity in matters of public employment (article16) Abolition of untouchability and prohibition of its practice (article 17) Abolition of titles except military and academic (article18) 41 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Right to freedom Protection of six rights regarding (article 19-22) freedom of: o Speech and expression o Assembly o Association o Movement o Residence o Profession (Article19). Protection in respect of convention for offences (Article 20). Protection of life and personal liberty (Article 21) Right to elementary education in certain cases (Article 22) Right against Prohibition of traffic in human beings exploitation (Articles and forced labour (Article 23) 23-24) Prohibition of employment of children in factories, etc.(Article 24). Right to freedom of Freedom of conscience and free religion (Article 25-28) profession, practice and propagation of religion (Article 25). Freedom to manage religious affairs (Article 26). Freedom from payment of taxes for promotion of any religion (Article 27). Freedom from attending religious instruction or worship in certain educational institutions (Article 28). Cultural and educational Protection of language, script and rights (Articles 29-30) culture of minorities (Article 29). 42 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Right of minorities to establish and administer educational institutions (Article 30). Right to Right to move the supreme Court for the constitutional remedies enforcement of fundamental rights (Article 32) including the writs of o Habeas corpus o Mandamus o Prohibition o Certiorari o Quo war-rentro (Article 32). FUNDAMENTAL RIGHTS OF FOREIGNERS Fundamental rights only Fundamental available to both to citizen and not to citizen and foreigners (except foreigners enemy aliens ) Prohibition of discrimination Equality before law and equal on grounds of religion, race, protection of laws (Article 14) caste, sex or place of birth (Article 15) Equality of opportunity in Protection on respect of conviction matters of public employment for offences (Article 20) (Article 16) Protection of six rights Protection of life and personal regarding freedom of: liberty (ARTICLE 21) Speech and expression Assembly 43 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Association Movement Residence Profession (Article19) Protection of language, script Rights to elementary education and culture of minorities (article 21A) (Article29) Right of minorities to establish Protection against arrest and and administer educational detention in certain cases (Article institutions (Article 30) 22) Prohibition of traffic in human beings and forced labour (Article 23) Prohibition of employment of children in factories etc., (Article 24) Freedom of conscience and free profession, practice and propagation of religion (Article 25) Freedom to manage religious affairs (Article 26) Freedom from payment of taxes for promotion of any religion (Article 27) Freedom from attending religious instruction or worship in certain education institution (Article 28) 44 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 RIGHT TO EQUALITY 1. Equality brfoer law and equal protection of laws The concept of equality before law is of British origin while the concept of equal protection of laws has been taken from the American constitution. Rule of law : The concept of equality before law is an element of the concept of rule of law propounded by A.V Dicey, the British jurist The supreme court held that the Rule of law as embodied in Article 14 is a basic feature of the constitution Hence, it cannot be destroyed even by an amendment. EXCEPTIONS TO EQUALITY 1. The president of India and the governor of states enjoy the following immunities (article 361) The president of the governor is not answerable to any court for the exercise and performance of the powers and duties of his office. No criminal proceedings shall be instituted or continued against the president or the governor in any court during his term of office. No process for the arrest or imprisonment of the president or the governor shall be issued from any court during his term of office No civil proceedings against the president or the governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months next after notice has been delivered to him 45 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 2. No person shall be liable to any civil or criminal proceeding in any court in respect of the publication in a newspapers (or by radio or television ) of a substantially true report of any proceeding of either house of parliament or either house of the legislature of a state (Article 361-A) 3. No member of parliament shall be liable to any proceeding in any court in respect of anything said or any vote given by him in parliament or any committee there of (Article 105) 4. No member of the legislature of a state shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the legislature or any committee there of (Article 194) 5. Article 31-Cis an exception to Article 14.it provides that the laws made by the state for implementing the directive principles comtained in clause (b) or clause (c)of Article 39 cannot be challenged on the ground that they are violative of Article 14.the supreme court held that where Article 31-C comes in ,Article 14 goes out 6. The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings. 7. The UNO and its agencies enjoy the diplomatic immunity. 2. Prohibition of discriminstion on certain grounds Article 15 provides that the state shall not discriminate against any citizen on ground only of religion, race, caste, sex or place of birth. The use of the word only connotes that discrimination on other grounds is not prohibited. 46 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 EXCEPTIONS The state is permitted to make any special provision for women and children.for example, reservation of seats for women in local bodies or provision of free education for children The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled tribes.for example ,reservation of seats or fee concession in public educational institutions. The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institution, whether aided or unaided by the state The last provision was added by the 93 rd amendment Act of 2005 in order to give effect to this provision, the centre enacted the central educational institution act 2006, providing a quota of 27%for candidates belonging to the other backward classes 3. Equality of opportunity in public Employment Article 16 provides for equality of opportunity for all citizen in matters of employment or appointment to any office under the state. no citizen can be discriminated against or be ineligible for any employment or office under the state on grounds of only religion, race caste, sex, descent, place of birth or residence. 47 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 EXCEPTION Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority. As the public employment act of 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh The state can provide for reservation of appointments or posts in favour of any backward class that is not adequately represented in the state service. A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination. Mandal commission The morarji desai government appointed the second backward classes commission under the chairmanship of B P Mandal, a member of parliament, in terms of article 340 of the constitution to investigation the condition of the socially and educationally backward. Classes and suggest measures for their advancement. The commission submitted its report in 1980 and identified as many as 3743 castes as socially and educationally backward classes. They constitute nearly 52% component of the population ,excluding the scheduled castes and the scheduled tribes the commission recommended for reservation of 27% government jobs for the other backward classes so that the total reservation for all amount to 50% it was after ten years in 1990 that the V P singh government jobs for the OBCs Against in 1991, the narasimha rao 48 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 government introduced two changes (a)preference to the poorer sections among the OBCs in the 27% quota, i.e adoption of the economic criteria in granting reservation, and (b) reservation of another 10% of jobs for poorer sections of higher castes who are not covered by any existing schemes of reservation. 4. Abolition of untouchability Article 17 abolishes untouchability and forbids its practice in any form. In 1976, the untouchability Act 1955 has been comprehensively amended and renamed as the protection of civil rights Act, 1955 Under the protection of civil rights Act (1955), the offences committed on the ground of untouchability are punishable either by imprisonment up to six months or by fine upto Rs 500 or both. A person convicted of the offence of untouchability is disqualified for election to the parliament or state legislature. The act declares the following acts as offences: 5. Abolition of titles Article 18 abolishes titles and makes four provision in the Regard: It prohibits the state from conferring any title on any body, whether a citizen or a foreigner. It prohibits a citizen of India from accepting any title from any foreign state 49 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 A foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the president. No citizen or foreigner holding any office of profit or trust under the state is to accept any present, emolument or office consent of the president. RIGHT TO FREEDOM PROTECTION OF SIX RIGHTS Article 19 guarantees to all citizen the six rights these are : Right to freedom of speech and expression. Right to assemble peaceably and without arms. Right to from associations or unions or co-operative societies. Right to move freely throughout the territory of India. Right to reside and settle in any part of the territory of India Right to practice any profession or to carry on any occupation, trade or business Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44 the Amendment act of 1978. 1. FREEDOM OF SPEECH AND EXPRESSOIN It implies that every citizen has the right to express his views, opinions, belief and conviction freely by word of mouth, writing, printing, picturing or in any other manner. Right to propagate one`s views as well as views of others 50 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Freedom of the press. Freedom of commercial advertisement Right against tapping of telephonic conversation. Right to telecast, that is, government has no monopoly on electronic media. Right against bundh called by a political party or organisation. Right to know about government activities. Freedom of silence. Right against imposition of pre-censorship on a newspaper. Right to demonstration or picketing but not right to strike. Freedom of Assembly Every citizen has the right to assemble peaceably and Without arms it includes the right to hold public meetings, demonstration and take out procession. This freedom can be exercised only on public land and the assembly must be peaceful and unarmed. Freedom of Association: all citizen have the right to from association or unions or co-operative societies. It includes the right to from political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of person. Freedom of movement: this freedom entitles every citizen to move freely throughout the territory of the country. He can move freely from one state to another or from one place to another within a state. This right underline the idea is one unit so far as the citizen are concerned. Thus the purpose os to promote national feeling and not parochialism, 51 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Freedom of Residence: Every citizen has the right to reside and settle in any part of the territory of the country this right has two parts (a) the right to reside in any part of the country, which means to stay at any place temporarily, and (b) the right to settle in any part of the country, which means to set up a home or domicile at any place permanently Freedom of profession: all citizens are given the right to oractise any profession or to carry on any occupation, trade or business. This right is very wide as it civers all the means of earning one`s livelihood. 2. Protection in respect of conviction for offences Article 20 grants protection against arbitrary and excessive Punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation, it contains three provision in that direction: No ex-post-facto law: no person shall be(i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act. No double jeopardy: no person shall be prosecuted and punished for the same offence more than once No self-incrimination: no person accused of any offence shall be compelled to be a witness against himself. 52 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 3. Protection of Life and personal liberty Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizen and non-citizen. The supreme court has reaffirmed its judgement in the menaka case in the subsequent cases. It has declared the following rights as part of article 21: Right to live with human dignity. Right to decent environment including pollution free water and air and protection against hazardous industries. Right to livelihood Right to privacy. Right to shelter. Right to health. Right to free education up to 14 years of age. Right to free legal aid. Right against solitary confinement. Right to speedy trial. Right against handcuffing. Etc 4. Right to Education : Article 21 A declares that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may determine. Thus this provision makes only elementary education a fundamental Right and not higher or professional education 53 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 5. Protection Against Arrest and Detention : Article 22 grants protection to person who are arrested or detained. Detention is of two types, namely, punitive and prenentive. PUNITIVE DETENTION is to punish a person for an offence committed by him after trial and conviction in a court preventive detention, on the other hand means detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him from committing detention is only the near future. RIGHTS AGAINST EXPLOITATION 1. Prohibition of Traffic in human Beings and forced labour Article 23 prohibits traffic in human beings, beggar and other similar forms of forced labour. Any contravention of this provision shall be an offence punishable in accordance with law. This right is available to both citizen and non-citizen. The expression traffic in human beings include o Selling and buying of men, women and children like goods o Immoral traffic in women and children, including prostitution o Devadasis o Slavery. The term `begar` means compulsory work without remuneration. Article 23 prohibits other similar forms of forced labour like bonded labour the term forced labour means compelling a person to work against his will. Article 23 also provides for an exception to this provision. It permits the state to impose compulsory service for public purpose, 54 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 as for example, military service or social service, for which it is not bound to pay 2. Prohibition of Employment of children in Factories, Article 24 prohibition the employment of children below the age Of 14 years in any factory, mine or other hazardous activities Like construction work or railway. But it does not prohibit their employment in any harmless or innocent work. The child labour (prohibition and Regulation)Act 1986, the most important law in this direction. In 2006, the government banned the employment of children as Domestic servants or workers in business establishments like Hotels, dhabas, restaurant, shops, factories, resorts, spas, Tea-shops, and so on. It warned that anyone employing children below 14 years of age would be liable for prosecution and penal action RIGHT TO FREEDOM OF RELIGION 1. Freedom of conscience and free profession, practice and propagation of Religion Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. The implications of these are; (a) freedom of conscience: inner freedom of an individual to mould his relation with god or creatures in whatever way he desires. 55 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 (b) Right to profess: declaration of one`s religious beliefs and faith openly and freely. (c) Right to practice: performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas (d) Right to propagate: transmission and dissemination of one`s religious beliefs to other or exposition of the tenets of one`s religion. Article 25 also contains two explanations: one, wearing and carrying of kirpans is to be included in the profession of the sikh religion ; and two, the hindus, in this context, include Sikhs, jains and Buddhists. 2. Freedom to manage religious Affairs According to Article 26, every religious denomination or any of its section shall have the following rights: (a) Right to establish and maintain institutions for religious and charitable purpose; (b) Right to manage its own affairs in matters of religion; (c) Right to own and acquire movable and immovable property ;and (d) Right to administer such property in accordance with law. Article 26 protects collective freedom of religion. 56 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 3. Freedom from Taxation for promotion of a religion Article 27 lays down that no person shall be compelled to pay any Taxes for the promotion or maintenance of any particular religion or religious denomination. In other words, the state should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. 4. Freedom from Attending Religious Instruction Under Article 28, no religious instruction shall be provided in any education wholly maintained out of state funds. No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to attend any religious instruction or worship in that consent of his guardian is needed. Types of educational institutions (a)Institutions wholly maintained by the state. (b) Institutions administered by the state but established under any endowment or trust. (c)Institutions recognised by the state. (d) Institutions receiving aid from the state. In o Religious instruction is completely prohibited while in o Religious instruction is permitted. o Religious instruction is permitted on a voluntary basis. 57 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 CULTURAL AND EDUCATIONAL RIGHTS 1. Protection of interests of minorities Article 29 provides that any section of the citizen residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same Article 29 grants protection to both religious minorities as well as linguistic minorities. 2. Right of minorities to Establish and Administer Educational Institutions All minorities shall have the right to establish and administer educational institutions of their choice. The compensation amount fixed by the state for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them In granting aid, the state shall not discriminate against any educational institution managed by a minority. Thus, the protection under Article 30 is confined only to minorities and does not extend to any section of citizens RIGHT TO CONSTITUTIONNAL REMEDIES A mere declaration of fundamentals rights in the constitution is meaningless, useless and worthless without providing an effective machinery for their enforcement, if and when they are violated hence Article 32 confers the right to remedies for the enforcement of the 58 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 fundamental right of an aggrieved citizen in other words, the right to get the fundamental rights protected is in itself a fundamental right. This makes the fundamental rights real. The right to move the supreme court by appropriate proceedings for the fundamental rights is guaranteed. The supreme court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may include habeas corpus mandamus, prohibition, certiorari and quo-warranto. The purpose of Article 32 is not providing a guaranteed, effective, expedious, inexpensive and summary remedly fir the protection of the fundamental right only the fundamental rights guaranteed by the constitution can be enforced under Article 32 However, the supreme court has ruled that where relief through high court is available under Article 226, the aggrieved party should first move the high court. WRITS – TYPES AND SCOPE The supreme court and the high court can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Further any other court to issue these write. These writs are borrowed from English law where they are knows as prerogative writs. Later the high court started issuing these write as extraordinary remedies to uphold the right and liberties of the British people 59 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 1. The supreme court can issue writs only for the enforcement of fundamental rights whereas a high ciurt can issue writs not only for the enforcement of fundamental rights for any other purpose. 2. A remedy under Article 32 is in itself a fundamental right and hence, the supreme court may not refuse to exercise its writ jurisdiction. Habeas Corpus It is a Latin term which literally means to have the body of it is an order issued by the court to a person who has detained another person, to produce the body of the latter before it The writ of habeas corpus can be issued against both public authorities as well as private individuals. Mandamus It literally means we command it is command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform the writ of mandamus cannot be issued (a) against a private individual or body 3. To enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory ;(d) to enforce a contractual obligation ;(e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity. 60 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 Prohibition Literally, it means to forbid it is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. Certiorari In the literal sense, it means to be certified or to be informed it is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in case. Till recentaiy, the writ of certiorari could be issued only against judicial and quqsi-judical authories. QUO-WARRANTO In the literal sense, it means by what authority or warrant it is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person It cannot be issued in cases of ministerial office or private office ARMED FORCES AND FUNDAMENTAL RIGHTS Article 33 empowers the parliament to restrict or abrogate the fundamental right of the member of armed forces, para-military force, police force intelligence agencies and analogous forces 61 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 MARTIAL LAW AND FUNDAMENTAL RIGHTS Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India CRITICISM OF FUNDAMENTAL RIGHTS 1. Excessive limitations 2. No social and economic rights 3. No clarity 4. No permanency 5. Suspension during emergency 6. Expensive Remedy 7. Preventive detention DIRCTIVE PRINCIPLES OF STATE POLICY The principle of state policy are enumerated in part IV of the constitution from Article 36 to 51. The framers of the constitution borrowed this idea from the Irish constitution of 1937, which had copied it from the Spanish constitution. Dr B R Ambedkar described these principles as novel features of the Indian constitution. The directive principles along with the fundamental right contain the philosophy of the constitution and is the soul of the constitution. Granville Austin has described the Directive principles and the fundamental right as the conscience of the constitution 62 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 FEATURES OF THE DIRECTIVE PRINCIPLES 1. The phrase directive principles of state policy denotes the ideals that the state should keep in mind while formulating policies and enacting laws. 2. The directive principles constitute a very comprehensive economic, social and political programme for a modern democratic state they aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the preamble to the constitution. 3. The directive principles are non-justiciable in nature, that is they are not legally enforceable by the court for their violation 4. The directive principles, through non-justiciable in nature, help the court in examining and determining the constitutional validity of a law. The supreme court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a directive principle, it may consider such law to be reasonable in relation to Article 14 and thus save such law from unconstitutionality. CLASSIFICATION OF THE DIRECTIVE PRINCIPLES They can be classified into three board categories, Socialistic, Gandhian and liberal-intellectual. SOCIALISTIC PRINCIPLES : These principles reflect the ideology of socialism. They lay Down the framework of a democratic socialist state, aim at Providing social and economic justice, and set the path Towards welfare state. They direct the state; 63 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 1. To promote the welfare of the people by securing a social order permeated by justice social, economic and political – and to minimise inequalities in income, status, facilities and opportunities (Article 38) 2. To secure(a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c)prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women ;(e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for healthy development of children (Article 39) 3. To promote equal justice and to provide free legal aid to the poor (Article 39 A) 4. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41) 5. To make provision for just and humane conditions for work and maternity relief (Article 42). 6. To secure a living wage , a decent standard of life and social cultural opportunities for all workers (Article 43). 7. To take steps to secure the participation of workers in the management of industries (Article 43 A). 8. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47) 64 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 GANDHIAN PRINCIPLES : These principles are based on Gandhian ideology. They represent the programme of reconstruction enunciated by Gandhi during the national movement. In order to fulfil the dreams of Gandhi, some of his ideas were included as directive principles. They require the state; 1. To organise village panchayats and endow them with necessary power and authority to enable them to function as unit of self- government (Article 40) 2. To promote cottage industries on an individual or co-operative basis in rural areas (Article 43) 3. To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B) 4. To promote the educational and economic in terests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46) 5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47) 6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48) LIBERAL-INTELLECTUAL PRINCIPLES : The principles included in this category represent the Ideology of liberalism. They direct the state; 1. To secure for all citizen a uniform civil code throughout the country (Article 44). 65 GNANADHARE ACADEMY #2 Sharada Arcade,Nagarbhavi Main Road Prashanth Nagar, Vijaynagar North Bangalore-560079, Mob:9513804777/9513809777 2. To provide early childhood care and education for all children until they complete the age of six years (Article 45). 3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48) 4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A) 5. To protect monuments, places and objects of artis

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