Constitution of India PDF

CONSTITUTION OF INDIA – BICOK107 Module-2 Salient Features of Indian Constitution  Written and Lengthiest  Preamble  People’s government - Democracy  Republic  Fundamental Rights and Fundamental Duties  Secular State  Universal Adult Franchise Syst...

CONSTITUTION OF INDIA – BICOK107 Module-2 Salient Features of Indian Constitution  Written and Lengthiest  Preamble  People’s government - Democracy  Republic  Fundamental Rights and Fundamental Duties  Secular State  Universal Adult Franchise System  Partly flexible and partly rigid.  Federal structure  Parliamentary form of government  Special provisions for SC, ST, Women & Children  Independent Judiciary  Eradication of untouchability Longest written constitution Indian Constitution can be called the largest written constitution in the world because of its contents. In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been made through subsequent amendments. At present it contains 395 Articles and 12 Schedules, and more than 80 amendments. There are various factors responsible for the long size of the constitution. One major factors was that the framers of the constitution borrowed provisions from several sources and several other constitutions of the world. They have followed and reproduced the Government of India Act 1935 in providing matters of administrative detail. Secondly, it was necessary to make provisions for peculiar problems of India like scheduled castes, Scheduled Tribes and backward regions. Thirdly, provisions were made for elaborate centre-state relations in all aspects of their administrative and other activities. Fourthly, the size of the constitution became bulky, as provisions regarding the state administration were also included. Further, a detail list of  CONSTITUTION OF INDIA – BICOK107 individual rights, directive principles of state policy and the details of administration procedure were laid down to make the Constitution clear and unambiguous for the ordinary citizen. Thus, the Constitution of India became an exhaustive and lengthy one. (2) Partly Rigid and Partly Flexible The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious blend of rigidity and flexibility. Some parts of the Constitution can be amended by the ordinary law- making process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is passed in each house of Parliament by a majority of the total membership of that house and. by a majority of not less than two-third of the members of that house present and voting. Then there are certain other provisions which can be amended by the second method described above and are ratified by the legislatures of not less than one-half of the states before being presented to the President for his assent. It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and not in the state legislatures. 3) A Democratic Republic India is a democratic republic. It means that sovereignty rests with the people of India. They govern themselves through their representatives elected on the basis of universal adult franchise. The President of India, the highest official of the state is elected for a fixed term. Although, India is a sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the British Monarch as its head. The membership of the Commonwealth does not compromise her position as a sovereign republic. The commonwealth is an association of free and independent nations. The British Monarch is only a symbolic head of that association. 4) Parliamentary System of Government India has adopted the Parliamentary system as found in Britain. In this system, the executive is responsible to the legislature, and remains in power only as long and it enjoys the confidence of the legislature. The president of India, who remains in office for five years is the nominal, titular or constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn from the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as soon as it loses the confidence of that house. The President, the nominal executive shall exercise his powers according to the advice of  CONSTITUTION OF INDIA – BICOK107 the Union Council of Ministers, the real executive. In the states also, the government is Parliamentary in nature. 5) A Federation Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of States." Though the word 'Federation' is not used, the government is federal. A state is federal when (a) there are two sets of governments and there is distribution of powers between the two, (b) there is a written constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret the constitution and settle disputes between the centre and the states. All these features are present in India. There are two sets of government, one at the centre, the other at state level and the distribution of powers between them is quite detailed in our Constitution. The Constitution of India is written and the supreme law of the land. At the apex of single integrated judicial system, stands the Supreme Court which is independent from the control of the executive and the legislature. 6) Fundamental Rights "A state is known by the rights it maintains", remarked Prof. H.J. Laski. The constitution of India affirms the basic principle that every individual is entitled to enjoy certain basic rights and part III of the Constitution deals with those rights which are known as fundamental rights. Originally there were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and Educational rights and vi) Right to constitutional remedies. Right to property (Article-31) originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right. 7) Directive Principles of State Policy A novel feature of the Constitution is that it contains a chapter in the Directive Principles of State Policy. These principles are in the nature of directives to the government to implement them for establishing social and economic democracy in the country. It embodies important principles like adequate means to livelihood, equal pay for both men and women, distribution of wealth so as to subserve the common good, free and compulsory primary education, right to work, public assistance in case of old age, unemployment, sickness and disablement, the organisation of village Panchayats, special care to the economically back ward sections of the people etc. Most of these principles could help in  CONSTITUTION OF INDIA – BICOK107 making India welfare state. Though not justiciable. These principles have been stated a; "fundamental in the governance of the country". 8) Fundamental Duties A new part IV (A) after the Directive Principles of State Policy was incorporated in the constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are: i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; ii) To cherish and follow the noble ideals, which inspired our national struggle for freedom; iii) To uphold and protect the sovereignty, unity and integrity of India; iv) To defend the country and render national service when called upon to do so; v) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of woman; vi) to value and preserve the rich heritage of our composite culture; vii) to protect and improve the natural environments including forests, lakes, rivers and wild life and to have compassion for living creatures; viii) to develop scientific temper, humanism and the spirit of inquiry and reform; ix) to safeguard public property and to abjure violence; x) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement. The purpose of incorporating these duties in the Constitution is just to remind the people that while enjoying their right as citizens, should also perform their duties for rights and duties are correlative. 9) Secular State A secular state is neither religious nor irreligious, or anti-religious. Rather it is quite neutral in matters of religion. India being a land of many religions, the founding fathers of the Constitution thought it proper to make it a secular state. India is a secular state, because it makes no discrimination between individuals on the basis of religion. Neither it encourages nor discourages any religion. On the contrary, right to freedom of religion is ensured in the Constitution and people belonging to any religious group have the right to profess, practice or propagate any religion they like.  CONSTITUTION OF INDIA – BICOK107 10) An Independent Judiciary The judiciary occupies an important place in our Constitution and it is also made independent of the legislature and the executive. The Supreme Court of India stands at the apex of single integrated judicial system. It acts as protector of fundamental rights of Indian citizens and guardian of the Constitution. If any law passed by the legislature or action taken by the executive contravenes the provisions of the Constitution, they can be declared as null and void by the Supreme Court. Thus, it has the power of judicial review. But judicial review in India constitutes a middle path between the American judicial supremacy in one hand and British Parliamentary supremacy in the other. 11) Single Citizenship The Constitution of India recognises only single citizenship. In the United States, there is provision of dual citizenship. In India, we are citizens of India only, not of the respective states to which we belong. This provision would help in promoting unity and integrity. Concepts borrowed from constitutions of other Countries  UK – speaker and law making procedure.  USA – Fundamental Rights, Federal Structure and Independent Judiciary  Canada – Federal system with strong central government.  Russia – Five Year Plans.  French – Freedom, Equality and Fraternity.  Irish – Directive Principles of State Policy (DPSP)  Japan & China – Fundamental Duties  Germany – Emergency Provision  Australia – Concurrent List and freedom of trade with other countries.  CONSTITUTION OF INDIA – BICOK107 PREAMBLE TO THE CONSTITUTION OF INDIA & FUNDAMENTAL RIGHTS PARTS OF THE CONSTITUTION The Constitution of India covers a total of 395 Articles in 22 parts. The parts of the Indian Constitution are mentioned below: Part I - The Union and its Territory Part II - Citizenship Part III - Fundamental Rights Part IV - Directive Principles of State Policy Part IVA - Fundamental Duties Part V - The Union Part VI - The States Part VII - The States in Part B of the First Schedule Part VIII - The Union Territories Part IX - Panchayats Part IXA - Municipalities Part X - The Scheduled and Tribal Areas Part XI - Relations Between The Union and The States Part XII - Finance, Property, Contracts and Suits Part XIII - Trade, Commerce and Intercourse within The Territory of India Part XIV - Services Under The Union and The States Part XIVA - Tribunals Part XV- Elections Part XVI - Special Provisions Relating to Certain Classes Part XVII - Official Language Part XVIII - Emergency Provisions Part XIX - Miscellaneous Part XX - Amendment of the Constitution Part XXI - Temporary, Transitional and Special Provisions Part XXII - Short Title, Commencement, Authoritative Text in Hindi and Repeals SCHEDULES TO INDIAN CONSTITUTION Schedules to the Constitution of India can be added through the amendments to it. There are twelve schedules to Constitution of India, which are effective at present, are given below: First Schedule: This schedule is about the States and Union Territories of India. Second Schedule: In this Schedule, provisions made to the President and the Governors of States, Speaker and the Deputy Speaker of the House of the People, the Chairman and the Deputy Chairman of the Council of States, the  CONSTITUTION OF INDIA – BICOK107 Speaker and the Deputy Speaker of the Legislative Assembly, the Chairman and the Deputy Chairman of the Legislative Council ofa State, the Judges of the Supreme Court and of the High Courts and the Comptroller and Auditor- General of India Third Schedule: Forms of Oaths or Affirmations are mentioned in this Schedule. Fourth Schedule: This Schedule specifies the allocation of seats in the Council of States. Fifth Schedule: Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes are mentioned in this Schedule. The amendment of the schedule is also included in the Part D of the Schedule. Sixth Schedule: This Schedule deals with the provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. Seventh Schedule: The List I or the Union List, List II or the State List and List III or the Concurrent List are included in this Schedule. Eighth Schedule: The 22 languages selected as the official languages of India are mentioned in this Schedule. Ninth Schedule: Validation of certain Acts and Regulations is dealt with in this Schedule Tenth Schedule: Provisions as to disqualification on ground of defection for the Members of Parliament and Members of the State Legislatures are mentioned in this Schedule. Eleventh Schedule: This Schedule talks about the powers, authority and responsibilities of Panchayats Twelfth Schedule: Powers, authority and responsibilities of Municipalities are defined in this Schedule. Preamble of Indian Constitution: 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 FRATERNITY- assuring the dignity of individual and unity and integrity of the Nation IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.  CONSTITUTION OF INDIA – BICOK107 Preamble is like an introduction to the constitution and it helps to understand the ‘spirit’ or ‘philosophy’ of the Constitution. Purposes: - i) It indicates the source from which constitution derives its authority i.e. ‘the People of India’. ii) It states the objectives which the constitution seeks to establish and promote. Fundamental Rights (Articles 14-35, Part III) : The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. 1. Right to Equality [Articles 14 to 18] 2. Right to Freedom[Articles 19 to 22]: Freedom to speech &expression, freedom to move anywhere in India, freedom to assemble peacefully to form associations, freedom to reside anywhere in India, freedom of profession. 3. Right Against Exploitation [Articles 23 & 24] 4. Right to Freedom of Religion [Articles 25 to 28] 5. Culture and Educational Rights [Articles 29 & 30] 6. Right to Constitutional Remedies [Articles 32] a. Habeas Corpus - ‘Have his body’. b. Mandamus – ‘command’– court to any official or public body. c. Prohibition – ‘to forbid’ – higher court to lower court not to exceed limit. d. Certiorari– ‘to be certified’ - higher to lower court to transfer the case. e. Quo Warranto – to claim public office. 7. Right to Property [Deleted as per 44th amendment in 1978] Fundamental Rights are political rights and negative. They are justiciable and enforceable.  CONSTITUTION OF INDIA – BICOK107 Right to Equality 14. Equality before law 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. 16. Equality of opportunity in matters of public employment. 17. Abolition of Untouchability 18. Abolition of titles. Right to Freedom 19. Protection of certain rights regarding freedom of speech, etc. 20. Protection in respect of conviction for offences. 21. Protection of life and personal liberty 22. Protection against arrest and detention in certain cases. — Right Against Exploitation 23. Prohibition of traffic in human beings and forced labor. 24. Prohibition of employment of children in factories, etc. Right to Freedom of Religion 25. Freedom of conscience and free profession, practice and propagation of religion 26. Freedom to manage religious affairs 27. Freedom as to payment of taxes for promotion of any particular religion 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions Cultural and Educational Rights 29. Protection of interests of minorities 30. Right of minorities to establish and administer educational institutions. 31A. Saving of laws providing for acquisition of estates etc…..  CONSTITUTION OF INDIA – BICOK107 Right to Constitutional Remedies 32. Remedies for enforcement of rights conferred by this Part 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc 34. Restriction on rights conferred by this Part while martial law is in force in any area. 35. Legislation to give effect to the provisions of this Part -------------------------------------------------------------------------------