Indian Constitution PDF

## Indian Constitution The word constitution is a French word of French origin which is generally used for regulation and orders. The constitution of many countries is the fundamental law of the land with a greater authority and sanctity in the state of being holy. The constitution of a count...

## Indian Constitution The word constitution is a French word of French origin which is generally used for regulation and orders. The constitution of many countries is the fundamental law of the land with a greater authority and sanctity in the state of being holy. The constitution of a country not only describes the basic principles of the states, the structures and processes of governance, the fundamental rights of citizens, also provides a way and development for an issue, nation. On 26th November, 1949 "We the people of India resolved to adopt and enact and give ourselves the constitution of Independent India. The constitution came into effect on 26th January, 1950. The Constitution of India replaced the government of India Act, 1935. ## Parts of the Constitution The Indian Constitution is largest in the world. It consists of a preamble and 470 Articles which are categorized in 25 parts, 12 schedules and 5 Appendices. ## Preamble The preamble is the heart of the constitution; it beautifully lays down the countries' The preamble later became the part of the constitution. The preamble promotes justice, economic and social justice The preamble promotes justice, economic and social justice, liberty, equality for every Indian. It also ensures to maintain the security and integrity of the country. The's preamble declares India Sovereign which means the country is an independent authority and it is not under any external power. The preamble states India to be secular which means like, all the citizens of India have the right to practice their religion. The preamble ensures that every citizen must promote harmony and the spirit of brotherhood finally it means mentions the country democratic in nature, it means the citizen of India have right to chose members of government. ## Definition Clause **Sovereignty:** It means that the state has supreme authority, and. The state has the right to govern themselves and in other words it means the government who possesses full control over affairs within a territory or geographical area or bint. **Secular:** It refers to a state that does not favor any particular religion and treats all citizens equality regardless of their religious belief. It means the state maintains neutrality in matters of religion. **Democratic:** Democracy is the form of government where the people holds the supreme power and exercise it directly or indirectly. It is often done through a system of representation which usually involve election held periodically. ## Fundamental Rights The origin of fundamental rights has evolved from the concept of human rights. The fundamental parts are present at part 3 of the Indian constitution. It is divided into six heads: 1. **Article 14-18:** Under Right to Equality 2. **Article 19-22:** Under Right to freedom 3. **Article 23-24:** Right against exploitation 4. **Article 25-28:** Right to freedom of religion 5. **Article 29 and 30:** Cultural and educational right 6. **Article 32-35:** Right to constitutional remedies **NOTE:** Right to property was one of the fundamental rights, but was superseded by the 44th constitution amendment act, 1978. Now, Right to property is a constitutional act under Article 300(a). ## Important features - Indian constitution guarantees and protects fundamental rights. - The fundamental rights set out the principles of justice, equality and freedom. - The fundamental rights which are under part 3 of the Indian constitution acts as the foundations that upholds democracy and justice in India. ## Article 14 **Equality before law and equal protection of laws.** It secures quality of status and opportunity to all individuals whether citizens or non-citizens. ## Article 21 **Right to life and personal liberty.** It states no body has the right to deprive oneself ones' right to life or personal liberty. ## Directive Principles of State Policy The main objective of DPSP is to ensure social and economic democracy in the country. DPSP are those principles which the state keeps in mind while formulating its policies. DPSP is inspired from the Irish Constitution. **Important characteristics of DPSP:** 1. DPSP cannot be enforced by the court. 2. It is the duty of the state to apply them in making laws. 3. DPSP are socio-economic rights. 4. DPSP lays down guidelines for future legislation. ## Legal Provisions of DPSP Article 36 - 51 of the Indian constitution deals with DPSP. Some of the DPSP's are as follows: 1. Free legal aid to poor and weaker sections of society 2. Prohibitions of Child Labours 3. Prohibition of trafficking human beings and beggars 4. Promotion of international peace and security. 5. Promotion of harmony and brotherhood among all India. ## Differences between F.R. and DPSP 1. DPSP lays down guidelines and principles for the government to follow, whereas F.R. are such can be enforced in court. 2. The DPSP's are subordinate in character to the fundamental rights. ## Fundamental Duties There are 11 fundamental duties in India which one should observe there as follows: - Respect national flag and national anthem. - Follow the ideals of freedom struggle. - Protect sovereignty and integrity in India. - Defend the country and international service. - Develop the spirit of common brotherhood. - Preserve and protect the country's cultural heritage. - Preserve natural environment. - Develop scientific temper and humanity. - Safeguard public property and avoid violence. - Strive for excellence in all spheres of life. - It is the duty of the parents/guardian to send their children of the age 6-14 to school. ## Introduction **Tort Law** Tort is derived from a Latin word,"Tortum" Ubi Jus Ibi Remedicin. If there is a violation of any right, there must be a way to compensate or restore the right. Where there is a wrong, there is a remedy. ### Definition by Jurist Salmond stated that "Tort is a wrong independent of contract and which is not exclusively breach of contract or fraud or other equitable decision. ” ### Difference between Tort and Crime **Tort** 1. Tort occurs when there is a right in rem, when the right is violated the person in general is liable (it is applicable to all) 2. Generally, the act is less serious and only the person. 3. It is a private law. 4. Intention is usually irrelevant. 5. Damages/Compensation is received. **Crime** 1. Crime occurs when there is right in personam and which seriously affects the society. 2. More serious and affects the society. 3. It is a criminal law. 4. Intention is usually relevant. 5. Punishment. ## Difference Between Tort and Breach of Contract. **Tort** 1. **Right in Rem** (Unliquidated) 2. **Unliquidated Damages.** 3. **Duty is fixed by law.** **Breach of Contract** 1. **Right in Personam** (A breach of contract occurs when the breach of duty) 2. **Compensation as per the contract.** 3. **Duty is fixed by the parties.** ## Strict Liability It is the legal responsibility for damages or injury even if the person was strictly liable, there are five exceptions: 1. **Act of God.** 2. **Wrong act of a stranger.** 3. **Plaintiff's own fault.** 4. **Common Benefit.** 5. **Statutory Authority.** ## Ryland vs. Fletcher In this case, the principle of strict liability was applicable. In this case, it started that and established the principle or rule of strict liability. The rule explains that the person who for his own purpose bring on his land, collects and keeps there anything likely to mischief. If it escapes, the person is prima facie answerable for all the damages. He is prima facie answerable for all the damages which is the natural consequence of the escape. ## Negligence The word negligence means "carelessness." In legal sense, it signifies failure to exercise standards care, which a reasonable man should've done. ## Essentials of Negligence - The defendant owes a duty of care to the plaintiff. - The defendant made a breach of the duty. - The plaintiff suffered damage as a consequence thereof. ## Liquidated Damages and Unliquidated Damages **Meaning:** * **Liquidated damages** are those damages which are pre-decided. * **Unliquidated damages** are those which are not pre- decided, however, the amount of compensation are decided case to case. ### Defamation Defamation is a legal term that refers to any statements or communication that harms the reputation of the person, business, organization, that is a common type of tort law. That protects individuals from false or harmful statements that can cause them to suffer economic or reputational damage Defamation can be divided into two parts: 1. **Libel** (It is written or published defamatory statement) 2. **Slander** ( It is an oral defamatory statement) ## Essentials of Defamation 1. **The statement must be made:** This means a statement can be made by words, either spoken or intended to be read or by science or by visual representation. 2. **The statement must refer to the plaintiff:** The defamatory statement must refer to the person or class of person or trustees of the company. This reference 3. **The statement must be defamatory:** The intention of a wrong doer matters a lot. 4. **The statement should be false:** The defamatory statement should be fake because truth is a defense. 5. **The statement must cause injury** ### Defenses available against defamation: 1. **Justification by truth.** 2. **Fair and bona fide comment.** 3. **Absolute Privilege** A general statement even if it is defamatory in nature, the person is immune from liabilities. Some e.g. of absolute privilege exemptions from defamatory statements made during: 1. **Judicial proceedings.** 2. **Government officials.** 3. **Legislatures in Parliament.** 4. **During political speeches in **the Parliament proceedings.** ## Contracts A contract is a legally binding agreement between 2 or more parties. A contract provides assurance that the parties will perform their roles and responsibilities as intended and provides protection in case there is any wrong doing. ### The elements for the valid contract: 1. There must be an offer. 2. There must be acceptance of that offer. 3. There must be a consideration. 4. Intention to create legal relations. 5. Everything must be in writing and there should be registration to avoid undue influence and misrepresentation. ## Absolute Liability Absolute liability is a legal doctrine under Tort law that ensures that a person is liable in entity for the damages caused by their action regardless of the fault or negligence. **Exceptions:** The exceptions under strict liability do not apply under absolute liability. Hence, under absolute liability a person is made liable even he is neither negligent nor willfully committed the cause.