You are on page 1of 24

WELCOME

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
6

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
8

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)

10

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 children
11

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.

12

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
13

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

14

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

15

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

16

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

17

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
18

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
19

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
20

Constitution important Articles


Article 309 - Acts of the appropriate Legislature to regulate the recruitment, and conditions of service of persons appointed, to public services and posts Art 310. (1) Every person who is a member of a defence service or civil service or all-India service, holds the post under the Union during the pleasure of the President of India

21

Constitution important Articles


Art 311(1)- No person who is a member of a civil service of the Union or an all-India service shall be dismissed or removed by an authority lower than appointing authority

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry

22

Constitution important Articles


Provisions of Article 311(2) shall not apply : (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge (b) where the authority empowered to dismiss or remove or reduce him in rank is satisfied that for some reason, to be recorded in writing, that it is not reasonably practicable to hold such inquiry
23

Constitution important Articles


Where the President is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry

24

You might also like