The Constitution of India - Summary PDF

# THE CONSTITUTION OF INDIA ## PREAMBLE WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: - JUSTICE, social, economic and political; - LIBERTY of thought, expression, belief, faith and wors...

# THE CONSTITUTION OF INDIA ## PREAMBLE WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: - JUSTICE, social, economic and political; - LIBERTY of thought, expression, belief, faith and worship; - EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. This twenty-sixth day of November, 1949. ## Understanding the Preamble: The first constitution to start with a preamble was the American Constitution. The Indian constitution also starts with a preamble. The Preamble is basically the introduction or preface to the constitution. It sums up the essence of the constitution. Constitutional experts referred to the Preamble as the Identity card of the Constitution. ## Ingredients of the Preamble - The Preamble gives 4 components: - Source of authority of the Constitution: it mentions that the constitution derives its power from the people of India. - Nature of the Indian State: it says India is a Sovereign, Socialist, Secular, Democratic and Republican State. - Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and fraternity. - Constitution date of adoption: 26th November 1949. # Features of Indian Constitution The chief features of the Indian Constitution are described below: ## Federal System with Unitary Bias The constitution establishes a federal government system in India. All the features of a federal state such as two government levels, division of powers, supremacy of the constitution, written constitution. But the constitution also contains many features of a unitary form of government such as single citizenship, strong centre, single constitution, flexibility of constitution, all-India services, integrated judiciary, appointment of state's governor by the Centre, emergency provisions, and so on. ## Parliament: Structure and Functions We have a Parliament and 2 Houses – the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The President is the head of the executive and the legislature. He performs many functions with regard to the Parliament. However, the president cannot sit in or take part in the discussions in the houses. The president summons the houses whenever required. He is also a vital part of the process of legislation in India as he has to give his consent to every bill passed before it can become a law. He has the power to dissolve the Lok Sabha. At the start of the first session after each general election to the Lok Sabha and at the commencement of the first session each year, the President addresses both the houses, which is known as the special address. ## What are Fundamental Rights? Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions. # Fundamental Rights ## Why are they called Fundamental Rights? These rights are called fundamental rights because of two reasons: - They are mentioned in the Constitution which guarantees them. - They are enforceable by courts. In case of a violation, a person can approach a court of law. ## How many Fundamental Rights are there in the Indian Constitution? There are six fundamental rights in the Indian Constitution. They are mentioned below: - Right to Equality (Article 14-18) - Right to Freedom (Article 19-22) - Right against Exploitation (Article 23-24) - Right to Freedom of Religion (Article 25-28) - Cultural and Educational Rights (Article 29-30) - Right to Constitutional Remedies (Article 32) ### 1. Right to Equality: The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability. ### 2. Right to Freedom: Freedom is one of the most important rights in any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as: - Freedom of speech - Freedom of expression - Freedom of assembly without arms - Freedom of association - Freedom to practise any profession - Freedom to reside in any part of the country. ### 3. Right against Exploitation: This right implies the prohibition of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions. ### 4. Right to Freedom of Religion: This indicates the secular nature of Indian Society. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions. ### 5. Cultural and Educational Rights: These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination. ### 6. Right to Constitutional Remedies: The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone's rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can orders for enforcing fundamental rights. # Fundamental Duties The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in the table below: 1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem. 2. Cherish and follow the noble ideals that inspired the national struggle for freedom. 3. Uphold and protect the sovereignty, unity and integrity of India. 4. Defend the country and render national service when called upon to do so. 5. Promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women. 6. Value and preserve the rich heritage of the country's culture. 7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and living creatures. 8. Develop scientific temper, humanism and the spirit of inquiry and reform. 9. Safeguard public property and to abjure violence. 10. Strive towards excellence in all spheres so that the nation constantly rises to higher levels of achievement. 1. Provide opportunities for education to children between the age of six and fourteen years. # Directive Principles of State Policy ## What are Directive Principles of State Policy? They denote the ideals that the governments in India, both Central as well as State, should keep in mind while formulating policies and enacting laws. ## Features of the Directive Principles of State Policy 1. They serve as ideals to be kept in mind by the state while formulating policies and enacting laws. 2. They are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them. 3. They aim at realizing the ideals of Justice, Liberty, Equality, and Fraternity as mentioned in the Preamble to the Indian Constitution. 4. They promote good governance practices. ## Some Important Directive Principles of State Policy: - To promote the welfare of the people by securing a social order. - Equal pay for equal work for men and women. - To promote justice and to provide free legal aid to the poor. - To raise the level of nutrition and the standard of living of people and to improve public health. - To make provision for just and humane conditions of work and maternity relief. # HUMAN RIGHTS ## What are the Human Rights? Human rights are rights that we have simply because we exist as human beings. These are universal rights inherent to all of us, regardless of nationality, sex, national or ethnic origin, colour, religion, language or any other status. They range from the most fundamental – starting from the right to life - To the rights to food, education, work, health, and liberty. World Human Rights Day is observed by the international community every year on 10th December. It commemorates the day in 1948 the United Nations (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR). UDHR is a part of the International Bill of Human Rights. Headquartered in Geneva, with many regional offices, the Office of the High Commissioner for Human Rights has lead responsibility in the UN system for the promotion and protection of human rights. ## What is the International Bill of Human Rights? Following the second world war (1939-45), a series of declarations and covenants began to articulate universal human rights. In 1948, for the first time, countries agreed on a comprehensive list of inalienable human rights. In December of that year, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), a milestone that would profoundly influence the development of international human rights law. 30 articles of UDHR provide the principles and building blocks of current and future human rights conventions, treaties and other legal instruments. In December 1966, the UN General Assembly adopted two international treaties that would further shape international human rights: - The International Covenant on Economic Social and Cultural Rights (ICESCR) which is monitored by the Committee on Economic, Social and Cultural Rights. - The International Covenant on Civil and Political Rights (ICCPR)- monitored by the Human Rights Committee. These are often referred to as "the International Covenants”. The UDHR and these two Covenants together are known as the International Bill of Human Rights. ## What are the Provisions Related to Human Rights in India? ### Definition: According to the National Human Right Commission of India, Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. ## National Human Rights Commission: The National Human Rights Commission (NHRC) of India was established in 1993. Apart from that, the Indian Constitution has also incorporated several provisions of human rights in Indian Constitution namely - Fundamental Rights from Article 14 to 32. # CHARACTERISTICS AND NATURE OF HUMAN RIGHTS Following are the characteristics of human rights: 1. Human Rights are Inherent - Human rights are conferred upon an individual by birth. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are conferred to an individual even after his death. The different rituals in different religions are proof to this fact. 2. Human Rights are essential and necessary - In the absence of human rights, the moral, physical, social and spiritual welfare of an individual is impossible. 3. Human Rights are in connection with human dignity - To treat another individual with dignity irrespective of the fact that the person is a male or female, rich or poor etc. is concerned with human dignity. 4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by any power or authority because these rights belong to a person simply because he is a human being. As such human rights have similarities to moral rights. 5. Human Rights are Universal - Human rights are not a monopoly of any privileged class of people. Human rights are universal in nature, without consideration and without exception. The values such as divinity, dignity and equality which form the basis of these rights are inherent in human nature.