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Indian Constitution - PREAMBLE OF INDIA

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Indian Constitution - PREAMBLE OF INDIA

Indian Constitution

CONSTITUTION OF INDIA

Indian National Emblem

The Constitution of India was drafted by the Constituent Assembly. The Constituent Assembly held its first sitting on the 9th December, 1946. It reassembled on the 14th August, 1947, as the sovereign Constituent Assembly for the Dominion of India. The proposed Constitution had been outlined by various committees of the Assembly like:

a) Union Constitution Committee
b) The Union Powers Committee
c) Committee on Fundamental Rights.

It was after a general discussion on the reports of these Committees that the Assembly appointed a Drafting Committee on the 29th August, 1947. The Drafting Committee, under the Chairmanship of Dr. Ambedkar, embodied the decision of the Assembly with alternative and additional proposals in the form of a 'Draft Constitution of India which was published in February, 1948. The Constituent Assembly next met in November, 1948, to consider the provisions of the Draft, clause by clause. After several sessions the consideration of the clauses or second reading was completed by the 17th October, 1949. The Constituent Assembly again sat on the 14th November, 1949, for the third reading and finished it on the 26th November, 1949, on which date the Constitution received the signature of the President of the Assembly and was declared as passed. The provisions relating to citizenship, elections, provisional Parliament, temporary and transitional provisions, were given immediate effect, i.e., from November 26, 1949. The rest of the Constitution came into force on the 26th January, 1950, and this date is referred to in the Constitution as the Date of its Commencement.

Preamble: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

Fundamental Rights: Indian Government have provided six basic rights to every citizen India. So, as to provide a democratic environment for the peopel of India to live in. Here, we are describing each fundamental right in detail to help you in understanding our constitution.

Fundamental Duties: These Fundamental rights have been provided at the cost of some fundamental duties. These are considered as the duties that must be and should be performed by every citizen of India.

Official And Regional Languages Of India: Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes


Indian Preamble

PREAMBLE OF INDIA

Indian National Emblem

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;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Purpose of Having a Preamble:

The Preamble to our Constitution serves two purposes: -

A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, '…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man.'


Indian Fundamental Rights

FUNDAMENTAL RIGHTS



The Fundamental Rights embodied in the Indian constitution acts as a guarante that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus.

In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in sucessfully abolishing the 'untouchability'; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions.

Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that 'No person shall be deprived of his property save by authority of law.' Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited 'in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence'

Here we have defined the six fundamental rights as per the constitution of India:-

1.
Right to Equality
2.
Right to Particular Freedom
3.
Cultural and Educational Rights
4.
Right to Freedom of Religion
5.
Right Against Exploitation and
6.
Right to Constitutional Remedies


Fundamental Rights: Right To Equality

THE RIGHT TO EQUALITY


The right to equality is one of the six rights that have been granted to us. In the Indian Constitution this right have been described as:

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

Nothing in this article shall prevent the State from making any special provision for women and children.

Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Equal opportunity for all:

There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.

Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.


Fundamental Rights: Right To Freedom

THE RIGHT TO FREEDOM

The right to freedom is one of the most important fundamental right that have been granted to us by the founders of Indian Constitution. This right allow every citizen of India to be free from the ancient form of slavery. This fundamental right is described in the constitution as:

All citizens shall have the right-

  • To freedom of speech and expression;
  • To assemble peaceably and without arms;
  • To form associations or unions;
  • To move freely throughout the territory of India;
  • To reside and settle in any part of the territory of India;
  • to practise any profession, or to carry on any occupation, trade or business.



Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of _16[the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of _16[the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of _16[the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Nothing in _17[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, _18[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,- the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.


Fundamental Rights: Cultural & Educational Rights

THE CULTURAL AND EDUCATIONAL RIGHTS



The Cultural and Educational Rights is one of the six fundamental right that have been granted to us in the Indian Constitution. This right allow every citizen of India to have a cultural and education upto where that person wants. This fundamental right is described in the constitution as:

Any section of the citizens residing in the territory of India or any part there of having a distinct language, script or culture of its own shall have the right to conserve the same.

No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.





Fundamental Rights: Right To Religion

THE RIGHT TO FREEDOM OF RELIGION



The right to freedom of religion allows Indian citizens to choose any religion that he / she wants to choose. This fundamental right was chossen after lot of thought regarding the process of person chossing his / her own religion. This fundamental right is described in the constitution as:

The right to freedom of religion is a fundamental right guaranteed under Article 25 of the Constitution of India. Article 25 reads as follows:-

Article 25. (1). Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

Article 25. (2). Nothing in this article shall affect the operation of any existing law or prevent the State from making any law: -

(a) Regulating or restricting any economic financial political or other secular activity which may be associated with religious practice;

b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.


This Article guarantees that every person in India shall have the freedom of conscience and shall have the right to profess, practise and propagate religion, subject to the restrictions that may be imposed by the State on the following grounds, namely:-

(1) Public order, morality and health;
(2) Other provisions of the Constitution;
(3) Regulation of non-religious activity associated with religious practise;
(4) Social welfare and reform;
(5) Throwing open of Hindu religious institutions of a public character to all classes of Hindus.


Fundamental Rights: Right Against Exploitation

THE RIGHT AGAINST EXPLOITATION



The right against exploitation allows Indian citizens to stand up against any kind of exploitation that he/ she might be going through. This fundamental right is described in the constitution as:

Article 23. Prohibition of traffic in human beings and forced labour.-

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.


Article 24. Prohibition of employment of children in factories, etc.- No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.


Fundamental Rights: Right To Constitutional Remedies

THE RIGHT TO CONSTITUTIONAL REMEDIES



The right to constitutional remedies allows Indian citizens to stand up up for their rights against anybody even the government of India. This fundamental right is described in the constitution as:

Article 32. Remedies for enforcement of rights conferred by this Part.-

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Article 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.- Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to:-

(a) The members of the Armed Forces; or

(b) The members of the Forces charged with the maintenance of public order; or

(c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Article 34. Restriction on rights conferred by this Part while martial law is in force in any area.- Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 35. Legislation to give effect to the provisions of this Part.- Notwithstanding anything in this Constitution,-

(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws-

(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and

(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii)



(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.


Fundamental Duties

FUNDAMENTAL DUTIES



These Fundamental rights have been provided at the cost of some fundamental duties. These are considered as the duties that must be and should be performed by every citizen of India. These fundamental duties are defined as:

It shall be the duty of every citizens of India: -

·        To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

·        To cherish and follow the noble ideals which inspired our national struggle for freedom;

·        To uphold and protect the sovereignty, unity and integrity of India;

·        To defend the country and render national service when called upon to do so;

·        To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

·        To value and preserve the rich heritage of our composite culture;

·        To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

·        To develop the scientific temper, humanism and the spirit of inquiry and reform;

·        To safeguard public property and to abjure violence;

·        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.


Languages Of The Union

OFFICIAL LANGUAGE OF THE UNION



The part that describes the official language of the Indian democracy have to be written to promote a feeling of unity among Indian citizens. As we know that even today anywhere between 300 to 1,000 languages are spoken in India, this makes an integral part of the Indian constitution.

The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of-

The English language, or

The Devanagari form of numerals, for such purposes as may be specified in the law.

Regional Languages:

Article 345. Official language or languages of a State:-

Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State:

Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

Article 346. Official language for communication between one State and another or between a State and the Union: -

The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:

Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Article 347. Special provision relating to language spoken by a section of the population of a State: -

On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.

Special Directives: -

Article 350. Language to be used in representations for redress of grievances: -

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

Article 350A. Facilities for instruction in mother-tongue at primary stage: -

It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Article 350B. Special Officer for linguistic minorities: -

There shall be a Special Officer for linguistic minorities to be appointed by the President. It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.

Article 351. Directive for development of the Hindi language: -

It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.



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