LL.B. FIRST YEAR Ist Sem

INTRODUCTION 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. Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. The Date 26 January was chosen to commemorate the declaration of independence of 1930.

Basic constitution The written constitution is the one which you can get in the form of a book and can be read. There are 395 Articles, 8 schedules and it has been divided into 22 parts and till date more than 104 amendments have been made into it. The Constitution, in its current form, consists of a preamble,395 Articles, 22 parts containing, 12 schedules, 5 appendices and 108 amendments to date.

PREAMBLE OF THE CONSTITUTION OF INDIA

Constitution starts with preamble. The idea of the Preamble has been borrowed from the Constitution of the U.S.A. The preamble has been accepted as the part of the constitution. It includes the objectives of the constitution such as to provides Liberty, Equality and Justice to the citizens, and to promote among them all fraternity, assuring the dignity of the individual and unity and integrity of the nation. It also states about the nature of the state which is Sovereign, Socialist, Secular, Democratic Republic.

Preamble to the Constitution of India These are the opening words of the preamble to the 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; 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.

FUNDAMENTAL RIGHTS Fundamental rights have been included into the chapter 3rd of the constitution from Article- 12 to 35

Right to Equality (Art.-14-18) Right to Freedom (Art.-19-22) Right Against Exploitation (Art.-23-24) Right to Religious Freedom (Art.-25-28) Cultural and Educational Rights (Art.-29-30) Right to Constitution Remedies (Art.-32)

Right To Equality Article 14 to 18

Right to Equality, Article-14 To 18 Equality before law Article-14 provides that the state shall not deny to any person equality before law or the equal protection of law within the territory of India. Prohibilition of Descrimination, Article-15 Equality of opportunity Article-16 Abolition of untouchability Article-17 Abolition of titles Article-18

Right to Freedom Article 19 to 22

Right to Freedom Freedom of speech and expression Article-19 Freedom of Press – Article-361 A has been inserted according to which the press has been given the power to publish an account of the proceedings of the Indian Parliament and states legislatures. Right to information is linked to the freedom of speech and expression granted in Article 19 in the constitution. Freedom to assemble peacefully without Arms. Freedom to form associations and unions. Freedom to move freely throughout the territory of India. Freedom to reside and settle in any part of the territory of India. Freedom to practise any profession or to carry on any occupation, trade or business.

Right to Freedom Protection in respect of conviction of an offence Article-20 Protection of life and personal liberty Article-21 Right to education Article-21 A Protection against arrest and detention against certain cases Article-22

Right against Exploitation Article 23-24

Right against exploitation, Article - 23-24 Prohibition of traffic in human beings and forced labour Article23: This article prohibits the traffic in human beings and forced labour. Prohibition of compulsary services Article-23 : Under this article the state can force people to do compulsory service for public purposes. Prohibition of Child Labour Article-24: Children below the age of forteen years will not be allowed to work in factories, mines or in other dangerous places so that their health is not adversely affected.

Right to Religious Freedom Article 25 to 28

Right to religious freedom, Article-25 to 28 Article-25 : Freedom to profess and propagate any religion, Artcle-26 : Freedom to manage religious affairs, Article-27: Freedom not to pay taxes for the promotion of any particular religion, Artcle-28(1): No religious instructions in government educational institutions, Article-28(3): In private educational institutions religious education not against the will,

Cultural and educational rights Article 29 to 30

Cultural and Educational Rights, Article 29 to 30 Article-29(1) : Protection against interest of minorities, Article-29(2): Freedom to get admission in educational institutions, Article-30(1) : Right to minorities to establish educational institutions, Article-30(2) : No discrimination while giving grants

Right to Constitutional Remedies. Article-32

Right to constitutional remedies, Article-32 Article-31(1): Provides that a citizen can approach the supreme court of India by due process of law for the implementation of the Fundamental Rights included in Chapter 3 of the constitution. Article-32(2): The Supreme court of India has the right to issue writs in the nature of the Habeas Corpus,Mandamus,Prohibition,etc. Article-32(3): The Indian Parliament can empower any court to issue notice within its jurisdiction without infringing or influencing the powers of the Supreme Court of India. Article-32(4): The state can not suspend the right to constitutional remedies except in cases provided in the Indian Constitution. Right to property – Removed in 1978,44th amendment .

Directive Principles of State Policy Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the centre as well as states. Though these principles are non-justiciable, they are fundamental in the governance of the country . The idea of Directive Principles of State Policy has been taken from the Irish Republic.

Directive Principles of State Policy Article 45 Provision for free and compulsory education for children The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

PART III : FUNDAMENTAL RIGHTS PART IV DIRECTIVE PRINCIPLES OF STATE POLICY JUSTICABLE NON JUSTICABLE If an issue is justiciable it means that a court does indeed have  jurisdiction and is empowered to hear the case and issue a ruling. 86th Amendment Act 2002: (i) added Article 21A in Part III (fundamental rights) (ii) modified Article 45 (iii) added a new clause Under Article 51A (fundamental duties), making the parent or guardian responsible for providing opportunities for education to their children between six and 14 years Article 21A makes it mandatory for the State to provide free and compulsory education to all children from the age of six to 14 years (fundamental right). 

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: 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.

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