Introduction to Constitution of India

Salient Features
A written Constitution A combination of rigidity and flexibility Federal Polity Parliamentary Democracy Fundamental Rights and Duties Directive Principles of State Policy Single Integrated and independent Judiciary Single Citizenship Universal Adult Franchise Emergency Provisions

Leaders of Constituent Assembly

Constitution of India
Preamble:
We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialistic, Secular, Democratic Republic and secure to all citizens Justice social, economical and political, Liberty of thought, expression, belief, faith & worship, Equality of status and opportunity and promote among them all, Fraternity assuring the dignity of individual and unity and integrity of the nation, in our constituent assembly this 26th November, 1949, do hereby adopt, enact and give to ourselves this Constitution
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Constitution of India
Whether preamble is a part of Constitution?
Yes Ordinarily preamble is not considered part of a statute & therefore at one time it was thought that the Preamble does not form part of the Constitution

Constitution of India
FUNDAMENTAL RIGHTS:

Fundamental Rights are incorporated in Articles 12 to 35, forming part III of the Constitution Some of the rights are available only to citizens of India while others are available to all the persons Rights guaranteed fall under following broad categories:
Right to equality (Art 14) Prohibition of discrimination (Art 15) Abolition of un-touchability (Art 17) Right to freedom protection of life and personal identity( Art 21) Right to freedom of speech, expression, movement (Art 19) Right against exploitation (Art 23 & 24)

Constitution of India
Rights guaranteed fall under following broad categories:
Right to freedom of conscience, practice of religion(Art 25 &28) Right to minorities for conservation of their culture(Art 29 & 30) Right to enforce the Fundamental Rights(Art 32) 8

Constitution important Articles

Article 12 Defining the State Article 13 Prohibiting the State from making any law which takes away the fundamental rights Article 14 Right to Equality Article 15 Prohibits State from discriminating against citizens on grounds of religion,race,sex, caste, place of birth but enables States to make special provision for women and 9 children

Constitution important Articles

Article 16 - Equal opportunity in the matter of public employment Article 16(4) Provision for reservation in appointment in favour of backward class of citizens which are not adequately represented in the services under Govt.

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Constitution important Articles

Article 19 Right to freedom Freedom of speech and expression To assembly peacefully without arms To form associations or unions To move freely throughout the territory of India To reside and settle in any part of India To practice any profession or to carry out any procession, trade or business

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Constitution important Articles

Article 19 Freedom of speech and expression is subject to the following restriction:
Security of the State Friendly relations with foreign states Public order Decency or morality Contempt of Court
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Constitution Directive Principlies

Directive Principles of State Policy embodied in Part IV of the Constitution (Art 36 to 51) Contain the principles Fundamental in the governance of the country

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Directive Principles of Constitution

State shall strive to promote welfare of people securing social, economic and political justice State shall strive to minimise inequalities in income State shall direct its policy towards securing the same Ownership & control of the material resources of the community are so distributed as best to subserve the common good

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Directive Principles of Constitution

Operation of the economic system does not result in the concentration of wealth and means of production to the common detriment Securing living wage of worker, just and humane conditions of work, participation of workers in management Securing uniform civil code for the citizens throughout the territory of India
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Constitution Fundamental Duties

Article 51A Fundamental Duties of every citizen: To abide by the Constitution and respect its ideals and institutions, the National Flag & National Anthem To cherish and follow the noble ideals which inspired our national struggle for freedom To upheld and protect the sovereignty, unity and integrity of India To defend the country and render national service when called upon to do so

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Constitution Fundamental Duties

To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religion, linguistic and regional or sectional diversities, to remove the practices derogatory to the dignity of women To value & preserve the rich heritage and our composite culture To protect & improve the natural environment including forests, lakes,rivers and wild lives & have compassion for living creatures
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Constitution Fundamental Duties

To develop the scientific spirit, humanism and the spirit of inquiry and reform To safeguard public property and adjure violence To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of excellence and achievement
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Meaning of trade, Commerce and intercourse

The word Trade means buying or selling of goods Commerce includes all forms of transportation such as by land, air or water. Intercourse means movement of goods from one place to another place. trade commerce and intercourse covers all kinds of activities which are likely to come under the nature of commerce.
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Art. 19 and 301

It is to be noted that Art.19 (1) (g) also guarantees to citizens the right to practice any profession or carry on any trade, business, etc. But while Art, 19 (1) (g) confers a fundamental right on citizens to carry on trade, business etc. Art.301 confers only a statutory right. The right under Art. 19 (1) (g) can only be claimed by citizens, but the right under Art.301 can be claimed by any one.
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Principles
Freedom of inter-State as well as intra-State trade, Commerce and intercourse. Trade, Commerce and intercourse have the widest connotation and take in movement of goods and persons. The freedom is not only from laws enacted in the exercise of the powers conferred by the legislative entries relating to trade and commerce or production, supply and distribution of goods, but also to all laws including tax laws. Laws which are merely regulatory or which impose purely compensatory taxes, and hence intended to facilitate freedom of trade, are outside the scope Art. 301.
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Restrictions on Trade and Commerce (Art. 302 305)

Parliaments Power to regulate trade and commerce in the Public interest States power to regulate trade and commerce Saving of existing laws
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Instructions
Read Ch 2 & 3 from textbook E dairy Format
Eg.
DATE LAW LEARNING W.R.T ITS APPLICATION

28.1.12 Contra Concepts like Free consent can very well relate to our ct Act life. The example of fraud and relate it with famous TV serial Tarak Mehta Ka Olta Chashma in which in an episode it had shown how saree seller cheats the society housewives by selling them damage goods and whole issue arise on not providing the bill my seller to them.

Submission schedule
After 1working day of session nos 9, 18, 27, 36 In soft copy to CC CC to submit by 2:00 pm same day
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