Important Articles of the constitution

                          Articles            subject

Part I             Art. 1-4            The Union and its territory.

Part II           Art 5-11                Citizenship

Part III            Fundamental Rights

Art. 12            Definition

Art. 13            Laws inconsistent with or in derogation of the fundamental rights

Right to Equality

Art. 14       Equality before law

Art. 15        prohibition of discrimination on grounds of religion race, caste, sex or place of birth

Art. 16          Equality   of opportunity in matters of public employment

Art .17           Abolition of untouchability

Art. 18            Abolition of titles

Rights to Freedom

Art. 19        Protection of certain rights regarding freedom of speech, etc.

Art. 20          protections in respect of conviction for offences

Art. 21          Protection of life and personal liberty

21A.              right to education

Art. 22          Protection against arrest and detention in certain cases 

Right against Exploitation

Art. 23            Prohibition of traffic in human beings and forced laour

Art .24             prohibition of employment of children in factories, etc.

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Fundamental Duties

The Fundamental Duties are eleven in number, incorporated in Art. 51A [Part IVA], which has been incorporated by the 42^nd Amendment act, 1976.

Under this Article, it is the duty of every citizen of India:

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

2.       To cherish and follow the noble ideals which inspired our National struggle for freedom;

3.       To uphold and protect the sovereignty  unity and integrity of India;

4.       To defend the country;

5.       To promote harmony and the spirit of common brotherhood amongst all the people of India.

6.       To p value and preserve the rich heritage of our composite culture;

7.       To protect and improve the natural environment;

8.       To develop the scientific temper and spirit of inquiry;

9.       To safeguard public property;

10.   To strive towards excellence in all spheres of individual and collective activity.

11.   To provide opportunities for education to his child or ward as the case may be between the age of six and fourteen years.

Note: The 11^th Fundamental Duty was added by the 86^th Constitutional Amendment Act, 2002.

There is no provision in the Constitution for direct enforcement of any of the Fundamental Duties or for any sanction to prevent their violation.

Fundamental Rights

Fundamental Rights

Six Fundamental Rights have been provided by the Constitution:

1.       Right to equality

2.       Right to liberty

3.       Right against exploitation

4.       Right to freedom of religion

5.       Cultural and educational rights

6.       Right to constitutional remedy.

The Union and its territories

Article 1 lays –down that India, i.e. Bharat, shall be a Union of states The Territory of India shall consist of (i) the Territories of the States, (ii) the Union territories and (iii) any territories that may be acquired. 

Article 1 of the Constitution describes India as a Union of states not as a federation of states. Union of India is not the result of an agreement nor has any state the right to secede from it.

The Federation is called a Union of States, because it is indestructible 

The Union Territories are not included in the “Union of States”. Whereas the expression “Territory of India” includes the states, the Union Territories and such other territories as may be acquired by India.

The States and their territories are specified in the first Schedule to the Constitution. The Constitution empowers the Parliament for the admission or establishment of new States.

Citizenship

The constitution of Indian Provides for a single and uniform citizenship for whole of India.

Citizenship of India was granted to every person who domiciled in the territory of India at the commencement of the constitution and who was born in the territory of India or-

·         Either of whose parents was born in the territory of India or

·         Who had been ordinarily residing in the territory of India for not less than five years immediately preceding commencement of the Constitution?

Indian citizens have the following rights under the Constitution which aliens do not possess:

Article 25

Article 25-28 provides Right to Freedom of Religion.

Article 25 provides freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health.

Under Art. 25 State can regulate religious activities and provide for social reforms and throw open Hindu religious institutions of public character to all sections of Hindus.

Article 22

Article 22 provides that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest.

No arrested person can be denied the right to consult and to be defended by a legal practitioner of his choice.

Every person who is arrested and detained in custody is to produced before the nearest magistrate within a period of twenty- four hours of arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person can be detained in custody beyond that period without the authority of a magistrate.

The above safeguard is not available to an enemy alien and a person arrested or detained under a law providing for preventive detention.

The Constitution authorizes the Legislature to make laws for Preventive detention for the security of State, the maintenance of public order, or the maintenance of supplies and services essential to the community, or for reasons connected with Defense and Foreign Affairs {Ref: Art.22}

Article 23

Article 23 provides Right against Exploitation in following respects:

Traffic in human beings and beggar and other similar forms of forced labour are prohibited.

The state can impose compulsory service for public purposes, and in imposing such service the state cannot make any discrimination on grounds only of religion, race, caste or class or any of them.

Special provision for the protection of children is made in Art. 24 which provides that no child below the age of fourteen years can be employed to work in any factory or mine or engaged in any other hazardous employment.

Article 19

Article 19 provides the six freedoms of:

Speech and expression; Assemble peacefully and without arms; Form associations or unions; Move freely throughout the territory of India; Reside and settle in any part of the territory of India; and  Practise any profession, or to carry on any occupation, trade or business.

State can impose restrictions on the freedom of speech in the interest 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. 

Restrictions can be imposed on the right to form associations is the interests of the sovereignty and integrity of India or public order or morality. Restrictions can also be imposed on freedom of movement and reside and settle in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

Features of indian constitution and their sources

Features of indian constitution and their sources:

1.     Independence of judiciary – USA.

2.     President as the executive head and supreme commander of armed forces – USA

3.     The vice-president of the Ex-officio chairman of the council of states – USA.

4.     Fundamental Rights – USA.

5.     Preamble – USA.

6.     Removal of SC and HC judges – USA.

7.     Law making procedures – UK

8.     Rule of Law – UK.

9.     System of Single Citizenship - UK

10.  Parliamentary system with ministerial responsibility – UK

11.  Federation with a strong centre – CANADA.

12.  Distribution of powers b/w union and state and placing residuary powers with centre – CANADA.

13.  Directive Principles of State Policy – IRELAND.

14.  Method of Election of president – IRELAND.

15.  Nomination of the members of the RajyaSabha by the president – IRELAND.

16.  Emergency & its effects on fundamental rights – GERMANY.

17.  The concurrent list – AUSTRALIA.

18.   Provisions regarding trade, commerce and Intercourse with the Territory – AUSTRALIA.

19.  Constitution amendments – SOUTH ARICA.

20.  Fundamental Duties – JAPAN.

21.  Republic – FRANCE.

chronological facts and incidents 1600

Here we provide the chronological facts and incidents 1600 when the East Indian Company was started in India to 1947 when Lord Mountbatten planned for India’s Freedom.

1600: East India Company was setup.  

1611: William Hawkins visited India in the court of Jahangir during Mughal period.
1615-1618: Thomas Row visited the court of Jahangir during Mughal period.
1757: The Battle of Plassey was fought.

43rd Constitutional Amendment Act, 1977

43^rd Constitutional Amendment Act, 1977 (w.e.f. 13.04.1978): The 43^rd amendment omitted many articles inserted by 42^nd Amendment. It restored the jurisdiction of the Supreme Court and the Gigh Courts, which had been curtailed under the 42^nd Amendment.

44^th Constitutional Amendment Act, 1978 (w.e.f June- September, 1979):  The amendment was brought by the Janata Party Government which repealed some of the changes affected by 42^nd Amendment, omitted a few and provided alterations. Right to property was taken away from the list of Fundamental Rights and placed in a new Art. 300 A as an ordinary legal right. Constitutionality of the Proclamation of Emergency by the President could be questioned in a court on the ground of malafide (42^nd Amendment had made it immune from judicial review). It brought the revocation of a Proclamation under parliamentary control. In Article 352 regarding National Emergency, the words ‘internal disturbance’ were substituted by the words’ armed rebellion’. It authorized the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice. The power of the Courts to decide disputes regarding election of Prime Minister and Speaker was restored. Constitutional protection on publication of proceedings of parliament and State Legislatures was provided.

52^nd Constitutional Amendment Act, 1985: This amendment was brought about during Rajiv Gandhi regime with a view to put an end to political defections. It added Tenth Schedule to the Constitution containing the modes for disqualification in case of defection from the parliament or State Legislature.

Some Special Features of the Indian Constitution

• The constitution of India is the lengthiest and the most comprehensive of all the written constitutions of the world.
• Originally the Constitution consisted of 395 Articles divided into 22 parts and 8 schedules.
• Now it consists of about 442 articles divided into 22 parts and 12 Schedules.
• Unlike the federal Constitutions of the USA and Australia the Indian Constitution lays down provisions relating to the Governmental machinery not only in the Centre but also in the States.
• The Indian Constitution provides for matters of administrative detail.
• The constitution contains detailed provisions relating to Centre- State relations including the emergency provisions.
• Special status has been given to Jammu & Kashmir and some other states such as Nagaland, Mizoram, Assam, and Gujarat etc.

Federal and Unitary Features of the Indian Union

India is different from the United States of America because in United States the federation is based on an agreement between different States, and the States have the right to secede from the Union.

The Indian Constitution has the features both of federal and unitary forms of Government.

Federal features

·         Distribution of powers between Union and the States has been made as per the three lists.

·         The Union Government as well as the State Governments has to function strictly in accordance with the Constitution. They can neither alter the distribution of powers nor override the dictates of the Constitution.

·         Indian Constitution is entirely written. An amendment to it must be passed by the Parliament and if an amendment affects the federal structure it must be ratified by at least half the State Legislatures.

·         Like other federal states our country also has an independent judiciary as an essential feature.

Indian Constitution

Indian Constitution :

          Our present constitution – the first constitution of India framed and given to themselves by the people of India was adopted by the Constitution Assembly on 26 November, 1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to time.

Constitution

Constitution:

          Constitution is the foundational law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based. It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizen. With the exception of the United Kingdom (U.K), almost all democratic countries possess a written constitution. India also possess an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose.