A BRIEF NOTE ON INDIAN CONSTITUTION What is Constitution: A Constitution is a set of rules by which the people of a country are governed.

It says how the Government should work and what its power and duties are. It guarantees the people about their rights like justice & freedom. It also tells the people what their rights are and what they can and cannot do. The Constitution is highest than all other laws in the country. All laws passed by a country in the line with its Constitution. How was Indians Constitution framed: The Indian Constitution was framed by the Constituent Assembly of India. The assembly had 300 hundred members from the many communities of India. They included lawyers, Constitutional experts and leading politicians like Jawharlal Nehru (the first prime minister of India) and Dr. Rajendra Prasad (the first President of India). The Constitutional Assembly met 11 times over 165 days between 1946 to 1949. In August 1947, the Drafting Committee was set of under the Chairmanship of Dr. B.R. Ambedkar. Dr. Ambedkar was a brilliant lawyer, who played a big role in putting together the Constitution. He supported the idea of a uniform civil code which meant that the laws would be the same for all Indians. On 26th November, 1949, the final Draft of the Constitution was adopted by the Constituent Assembly and the Constitution of India came into force on 26th January, 1950. It is the longest written constitution in the world. It is so far been amended and changed more than 100 times. Indian constitution makes detailed provisions for the following Citizenship, Fundamental Rights, Directive Principles of State Policy, Structure of the Government, Parliament and State Legislatures, Supreme Court and High Courts, Relationship between the Union and the States, Services,Official Language and various other matters of basic importance. The aim is to ensure justice, freedom and equality for the citizens of India and the unity of nation. The fundamental Rights, which are a part of the Constitution, guarantee CIVIL LIBERTIES to the people of India i.e. citizen have the RIGHT TO FREEDOM OF SPEECH and EXPRESSION, to EQUALITY BEFORE THE LAW and against DISCRIMINATION based on religion, race, caste or gender. They have the right to practice their own religion. All communities have the right to preserve and use their own language and script. Most importantly, all citizen have the RIGHT TO MOVE a Court of law in case of any of the fundamental rights have been denied to them. SALIENT FEATURES OF CONSTITUTION 1. Longest written constitution in the world. 2. Consists of 22 Chapters, over 395 Articles and 12 Schedules. 3. It proclaims India to be a Sovereign Democratic Republic. 4. Fundamental Rights are guaranteed to all citizens of India. 5. Directive Principles of State Policy are incorporated. 6. It establishes the parliamentary system of government. 7. President of the Union is the constitutional head, the Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok Sabha. 8. It is federal in form but unitary in spirit. 9. It is neither too rigid (amended by simple majority) nor flexible (some require special majority) 10.It declares India a secular state. 11.It guarantees single citizenship to all citizens. 12.It introduces adult franchise, i.e., every adult above 18 years has the right to vote and the system of joint electorates. 13.It establishes an independent judiciary; the Supreme Court acts as a guardian of the Constitution in place of the Privy Council. THE PREAMBLE

The draft of the Preamble was prepared by Jawaharlal Nehru and is based on the American model. The 42nd Amendment added the words Secular and Socialist and now the preamble reads as follows. 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 26th November, 1949, do hereby adopt, enact and give to ourselves this constitution. ARTICLES OF THE CONSTITUTION Part Part I Part II Part Ill Part IV Part IV A Part V Part VI Part VII Article Articles 1-4 Articles 5-11 Articles 12-35 Articles 36-51 Article 51-A Articles 52-151 Articles 152-237 Article 238 Deals with Territory of India, admission, establishment or formation of new states Citizenship Fundamental Rights Directive Principles of State Policy Duties of a citizen of India. It was added by the 42nd Amendment in 1976 Government at the Union level Government at the State level Deals with states in Part B of the First Schedule. it was repealed by 7th Amendment in 1956 Administration of Union Territories Territories in Part D of the First Schedule and other territories, It was repealed by 7th Amendment in 1956 Scheduled and tribal areas Relations between the Union and States Finance, property, contracts and suits Trade, commerce and travel within the territory of India Services under the Union and States Added by the 42nd Amendment in 1976 and deals with administrative tribunals to hear disputes and other A complaints Election and Election Commission Special provision to certain classes ST/SC and Anglo Indians Official language Emergency provisions Miscellaneous provision regarding exemption of the President and governors from criminal proceedings Amendment of Constitution Temporary, transitional and special provisions Short title, commencement and repeal of the Constitution CITIZENSHIP The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and (a) who was born in India; or (b) either of whose parents was

Part VIII Part IX Part X Part Xl Part Part Part Part Part Part Part Part Part Part Part Part XII XIII XIV XIV-A XV XVI XVII XVIII XIX XX XXI XXII

Articles 239-241 Article 242-243 Articles 244-244 Articles 245-263

Articles 264-300 Articles 301-307 Articles 308-323 Articles323A-323B Articles 324-329 Articles 330-342 Articles 343-351 Articles 352-360 Articles 361-367 Article 368 Articles 369-392 Articles 393-395

born in India; or (c) who has been ordinarily resident in India for not less than five years became a citizen of India. The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution. FUNDAMENTAL RIGHTS 1. Right to Equality-The right to equality includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth and equality of opportunity in matters of employment and abolition of untouchability. 2. Right to Freedom-The right to freedom includes freedom of speech and expression; right to assemble peacefully and without arms, formation, association or union; free movement throughout the territory of India; residence and the right to practice any profession or occupation; control and disposal of property. 3. Right against Exploitation-The right against exploitation all forms of forced labour, prohibits child labour and traffic in human beings. 4. Right to Freedom of Religion -The right to freedom of religion contains religious freedom to all. All persons are entitled to freedom of conscience and the right to profess, practice and propagate religion freely. 5. Cultural and Educational Rights-It includes right of any section of the citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice. 6. Right to Constitutional Remedies- This right guarantees the right to constitutional remedies to the citizens for enforcement of their Fundamental Rights. [The right to property was also one of the fundamental rights, according to the original Constitution. This right was omitted by the 44th Amendment Act in December, 1978. It is now only a legal right.] FUNDAMENTAL DUTIES Duties of a citizen of India were not included in the original constitution. These have been added by the 42nd Amendment in 1976. There are ten Fundamental Duties: 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 and render national service when called upon to do so; 5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities; to renounce practices derogatory to the dignity of women; 6. To value and preserve the rich heritage of our composite culture; 7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures; 8. To develop the scientific temper, humanism and the spirit of inquiry and reform; 9. To safeguard public property and to abjure violence; and 10.To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher level of endeavour and achievement. DIRECTIVE PRINCIPLES OF STATE POLICY To secure the right of all men and women to an adequate means of livelihood; To ensure equal pay for equal work; To make effective provision for securing the right to work, education and to public assistance in the event of unemployment old age, sickness and disablement; To secure to workers a living wage, humane conditions of work, a decent standard of life, etc; To ensure the operation of the economic system does not result in the concentration of wealth; To provide opportunities and facilities for children to develop in a healthy manner; To provide free and compulsory education for all children up to 14 years of age;

1. 2. 3. 4. 5. 6. 7.

8. To promote educational and economic interest of scheduled castes, scheduled tribes and other weaker sections; 9. To organize village panchayats ; 10.To separate judiciary from the executive; 11.To promulgate a uniform civil code for the whole country; 12.To protect national monuments ; 13.To promote justice on a basis of equal opportunity; 14.To provide free legal aid; 15.To protect and improve environment and forests and wildlife; 16.To promote international peace and security; 17.To promulgate a uniform civil code for the whole country; 18.To settle international disputes by arbitration. RIGHT TO FREEDOM (ARTICLE 19 TO 22) In order to promote the ideal of Liberty as laid down in the preamble, certain positive rights have been conferred by the Constitution. These rights are contained in Article 19 to 22. 1. Six (formerly seven) freedoms i.e. rights regarding freedom or speech etc. (Article 19) Article 19(1) guarantees to every citizen six (formerly seven) fundamental freedoms. According to it All citizens shall have the right 1. to freedom of speech and expression; 2. to assemble peaceably and without arms; 3. to form associations or unions; 4. to move freely throughout the territory of India 5. to reside and settle in any part of the territory of India and 6. to practice any profession, or to carry on any occupation, trade or business. Clause (f) of Article 19 which read to acquire, hold and dispose of property has been abolished by the Constitution (Forty-fourth Amendment) Act, 1978. Restriction on freedom of profession, trade or business : Under Article 19(1)(g) the Constitution guarantees to every citizen the right to practice any profession, or to carry on any occupation, trade or business. The right to carry on a business would include the right to close down the relinquish or sell the business. But under Article 19(6) this is subject to reasonable restriction which State may impose a) in the interest of the general public, and b) subject to any law laying down the professional or technical qualifications necessary for practicing 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, or any trade, business, industry or service, whether to the exclusion, complete or partial, or citizens or otherwise. FREEDOM OF TRADE, COMMERCE & INTERCOURSE Part XIII of the Constitution deals with Trade Commerce and Intercourse within the Territory of India. Article 301 provides subject to the other provisions of this part, trade, commerce & intercourse throughout the territory of India shall be free. The freedom declared by Article 301, may be defined as a right to free movement of persons, or things tangible or intangible, commercial or non-commercial, unobstructed by barriers, inter-state or intra-state. The object of Article 301 is to break down the barriers between the States and to make the country as one unit with a view to encourage trade and commerce. Trade & commerce which are protected by Article 301 are only those activities which are regarded as lawful trading activities and are not against the public policy. EXCEPTION

The freedom of trade and commerce between the States is not made absolute but is subject to the following exceptions: 1. Under Article 302, Parliament is empowered to impose such restrictions on the freedom of trade, commerce and intercourse between one state and another or within any part of the territory of India, as may be necessary for the public interest. 2. Under Article 303, Parliament or State Legislature shall not have the power to make any low giving any performance to one State over another by virtue of any entry relating to trade and commerce in Lists I & III of Schedule VII of the Constitution. 3. Under Article 304, a State may by law impose any tax on goods imported from other States to which similar goods are manufactured. 4. Under Article 305, Laws which are already in force at the commencement of the constitution shall not be affected by Article 301 to 303, unless the President orders otherwise.