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Constitution of India
Basic features:
A basic document which lays down the structure of political system Constitution is headed by President of India It deals with Legislature, Executive & Judiciary It defines their power, demarcates their responsibility & regulates relationship with each other It is a written constitution
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,
Constitution of India
Preamble:
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
Nehru signing Indian Constitution The Constitution of India was adopted and enacted on 26th November 1949
Constitution of India
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 This view is no longer correct Supreme Court has held that Preamble is part of Constitution Supreme Court has referred to the Preamble several times while interpreting constitutional provisions
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Constitution of India
Whether preamble can be amended?
Yes - Supreme Court has declared that:
Preamble is part of Constitution It can be amended subject to the condition that it does not affect the basic structure of the Constitution
Constitution of India
Whether preamble has been amended any time?
Yes through 42nd Amendment Act, 1976 Three terms were included in the Preamble:
Secular Socialistic Integrity
These are not new since these are already included in spirit in various provisions of the Constitution
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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 untouchability (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) 9
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 conservaton of their culture(Art 29 & 30) Right to enforce the Fundamental Rights(Art 32)
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(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry
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