DR MRS B MADHANA REKHA ASSISTANT PROFESSOR DEPT
DR. (MRS) B. MADHANA REKHA ASSISTANT PROFESSOR, DEPT OF PUBLIC ADMINISTRATION MADRAS CHRISTIAN COLLEGE, EAST TAMBARAM, CHENNAI-59 Email-madhanamoses@gmail. com INTRODUCTION TO THE INDIAN CONSTITUTION
PREAMBLE OF THE INDIAN CONSTITUTION “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens: � “IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November 1949, � DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. ” �
�JUSTICE-Social, Economic and Political; �LIBERTY -of thought, expression, belief, faith and worship; �EQUALITY- of status and opportunity and to promote among them all; �FRATERNITY -assuring the dignity of the individual and the unity of the nation;
th � 26 January 1950 the Constitution of India came into effect. �It is celebrated as Republic Day. nd �The 42 Amendment, 1976 �The words “Socialist”& “Secular” were added to the Preamble.
SALIENT FEATURES OF THE INDIAN CONSTITUTION �Lengthiest written Constitution �Drawn from various sources �Blend of rigidity and flexibility �Federal system with Unitary Bias �Parliamentary form of government �Synthesis of Parliamentary Sovereignty and Judicial Supremacy
� Integrated and Independent Judiciary � Fundamental Rights � Directive Principles of State Policy � Fundamental Duties � A Secular State � Universal Adult Franchise
� Single Citizenship � Independent Bodies � Emergency Provisions-Art 356 � Three tier structure-Centre, State and Local � Bicameralism-Two legislative assemblies � Appointment of State Governors by the Centre � All India Services (IAS, IPS & IFS)
STRUCTURE OF THE CONSTITUTION �The Indian Constitution had 395 Articles � 22 Parts and 8 Schedules. �Second largest Constitution in the World after Alabama. �Currently 448 Articles 25 Parts and 12 Schedules. �Amended 101 times. st
PARTS �Part I- States and Union Territories �Part II- Citizenship �Part III- Fundamental Rights �Part IV- Directive Principles of State Policy �Part IV A- Fundamental Duties
FUNDAMENTAL RIGHTS (PART III) � Articles 12 to 35 deal with Fundamental Rights �Essential freedoms of the citizens. �There are 6 categories:
RIGHT TO EQUALITY(ARTICLES 14 -18) �All are equal before law (Art-14) �Prohibits discrimination -grounds of religion, race, caste, sex or place of birth (Art 15) �Equal opportunities in matters of public appointment (Art 16) �Abolition of untouchability (Art 17) �Abolition of titles except military, academic (Art 18)
�The fundamental rights are not absolute. �Special provisions are made for the safety of women and children �Measures are taken for the advancement of (BCs), (SCs) and (STs).
�While recruiting to Government services residential qualifications are prescribed �Reservation of seats for BCs, SCs and STs is provided. �Religious qualification is imposed on candidates to serve institution of a religious nature.
RIGHT TO FREEDOM(ARTICLES 19 -22) �Speech and Expression �Hold peaceful assembly without arms �Form associations and unions �Move throughout the territory of India �Reside and settle in any part of the country �Practice any profession, trade or occupation �
THE ABOVE SIX FREEDOMS ARE SUBJECT TO THE FOLLOWING �Speech and Assembly restricted in the interest of sovereignty and security of the state �Movement restricted in the interest of the STs. �Trade or profession is subject to possessing necessary technical and
RIGHT AGAINST EXPLOITATION (ARTICLES 23 AND 24) �Traffic in human being �Forced labor prohibited �Employment of Children below 14 years in hazardous jobs is prohibited
RIGHT TO RELIGION (ARTICLES 25 -28) �Practice, profess any religion. �Maintain religious institutions �No compulsion to pay taxes from the proceeds of the religion �No religious instruction in educational institution maintained out of state funds.
CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29 AND 30) �Protection of interests of religious and linguistic Minorities �Promote the interest of Minorities
RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32) Affected citizen can move Supreme Court or High Court s 1. The Writ of Habeas Corpus-Remedy for wrongful detention 2. The Writ of Mandamus-An order to perform an act which falls within the jurisdiction.
3. Writ of Prohibition-Prevent from doing beyond its jurisdiction 4. Writ of Certiorari-Transfer the matter to superior authority for its consideration. 5. Writ of Quo Warranto- Restrain a public servant from doing a public act.
DIRECTIVE PRINCIPLES OF STATE POLICY (PART IV) (ARTICLES 36 -51) 1. Directives given by the Centre and State governments 2. Evolve an egalitarian society 3. Provide political, social and economic equality 4. Establis a welfare state on democratic and socialistic lines.
FUNDAMENTAL DUTIES OF CITIZENS 1. Preserve rich heritage and culture 2. Protect natural environment 3. Improve scientific temper and spirit of inquiry 4. Safeguard public property 5. Provide education to children between 6 -14 years
6. Abide the Constitution and respect National Flag and National Anthem 7. Cherish noble ideals of national struggle for freedom 8. Uphold Sovereignty, Unity and Integrity of India.
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