NAME – RUPAM MANDAL (LATERAL ENTRY)

CLASS – EIECTRICAL 3rd SEM, YEAR-2nd

SUB – INDIAN CONSTITUTION (ASSIGMENT)
 INDIAN CONSTITUION ( ASSIGMENT)

1. What do you mean by “The preamble to the constitution of

india” ?
Ans:The American constitution was the first to begin with a preamble. Many
countries,including india, followed this practice.The term ‘preamble’ refers to
the introduction or preface to the constitution. It contains the summary or
essence of the constitution.N A Palkhivala, an eminent jurist and constitutional
expert,called the preamble as the “identity card of the constitution.”

The preamble in its present form reads:

“ 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”.

2. Define secularism.
Ans:secularism means independent of Religion i.e anyone can choose to
practice or not practice any Religion they want and government can’t force
them to do so. This term was coined by “George Jacob Holyoake”.

PAKISTAN, IRAN, SAUDI ARABIA etc. country follows state religion but
U.S.A and INDIA follows separate government religion.
Laws of secular countries are based on our human experience, objective
evidence rather than any written holy scripture.

42nd amendment ,1976 indian constitution preamble assested secular, it means

equal treatment of all religions by the state.

Characterstics:

 Accepts freedom of Religion.

 Freedom of worship.
 Encourages rational thinking.
Pundit Jawaharlal Nehru believes in equal protection by the state to all
Religion but does not favor anyone Religion.
3. What is “Republican form of Government”?
Ans: Republican form of government was one in which:
 The power of government is held by the people.
 The people give power to leaders they elect to represent them and serve their
interests.
 The representatives are responsible for helping all the people in the country,
not just a few people.
Advantages:

 Fairness. They believed that laws made by the representatives they elected
would be fair.If their representatives did not make fair laws, they could elect
others who would.
 Common welfare.The laws would help everyone instead of one person or
few favored people.
 Freedom and prosperity. People would have greater freedom and be able to
live well.
4. Define the term “justice” as per the constitution of india.
What do you mean by “Amendability”?
Ans: The term ‘justice’ in the preamble embraces three distinct forms-
social,economic and political, secured through various provisions of
Fundamental Rights and Directive Principles.
 Social justice denotes the equal treatment of all citizens without any social
distinction based on caste, colour, race, religion, sex and so on.

Economic justice denotes the non-discrimination between people on the basis

of economic factors.

Political justice implies that all citizens should have equal political rights,
equal access to all political officers and equal voice in the government.

The idea of justice- social, economic and political- has been taken from the
Russian Revolution (1917).

 Article 368 in part xx of the constitution deals with the powers of the
parliament to amend(i.e to modify) the constitution and its procedure.
Article 368 mentions the procedure for amendment and types of
amendments.
There are 3 types of amendments in the Indian constitution.
I. Simple majority
 Bills passed in this way are not deemed as ‘Constitutional Amendment Bill’.
 50% + 1 members of each house present and voting.

II. Special Majority

 Majority of 2/3rd of voting & 50% of the total strength in each house.

III. Special Majority of Parliament and consent of States

 Special majority in both the houses + consent of half of the states.

 Number of states in india is 29.so the consent of at least 15 states is requied.
5.Discuss about Fundamental Rights and Human Rights according
to Indian constitution.
Ans:The Fundamental Rights are included in part III of the constitution from
articles 12 to 35.In this regard, the framers of the constitution derived inspiration
from the constitution of USA (i.e., Bill of Rights).

Originally, the constitution provided for seven Fundamental Rights viz,

1. Right to equality ( Articles 14-18 )

2. Right to freedom ( Articles 19-22 )
3. Right against exploitation ( Articles 23-24 )
4. Right to freedom of religion (Articles 25-28 )
5. Cultural and educational rights ( Articles 29-30 )
6. Right to property ( Article 31 )
7. Right to constitutional remedies (Article 32 )
However, the right to property was deleted from the list of Fundamental Rights by
the 44th Amendment Act,1978. It is made a legal right under Article 300-A in part
XII of the constitution. So at present, there are only six Fundamental Rights.

The Fundamental Rights guaranteed by the constitution are characterized by the

following:

1. Some of them are available only to the citizens while others are available to all
persons whether citizens, foreigners or legal persons like corporations or
companies.

2. They are justiciable, allowing persons to move the courts for their enforcement,
if and when they are violated.

3. They are defended and guaranteed by the supreme court.

4. Their application to the members of armed forces, para-military forces, police

forces, intelligence agencies and analogous services can be restricted or abrogated
by the parliament ( Article 33 ).

 Human Rights: In order to live with dignity certain basic rights

and freedoms are necessary, which all human begins are entitled
to, these basic rights are called Human Rights.
Human rights include civil and political rights, such as:
  The right to freedom of expression.
 The right to freedom of religion or conscience.
 The right to property.
 The right to freedom of assembly.
 The right to privacy.
 The right to vote.
Human Rights also cover economic and social rights, such as:
 The Right to an adequate standard of living.
 The Right to adequate food, housing,water and sanitation.
 The Rights you have at work.
 The Right to education.
Human Rights belong to everyone, everywhere, regardless of nationality, sexuality,
gender, race, religion or age. The foundation of modern Human Rights is the
Universal Declaration of Human Rights ( UDHR ).