The Constitution is the supreme law of the land. It lays down the framework to make laws, govern the country, and establish a structure of policies, procedures, powers and duties of the Union and State governments. It states out the Fundamental Rights, Directive Principles and Duties of citizens. The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive, elaborate and detailed document. It is the responsibility of all Indian Citizens to know in detail about our constitution to act as a responsible owner of Indian Democracy that the constitution derives its authority from the people of India.
Originally (1949), the Constitution contained a Preamble, about 465 articles(divided into 22 parts) and 8 schedules. Presently (2013), it consists of a Preamble, about 465 articles(divided into 25 parts) and 12 schedules.
The constitution contains not only the fundamental principles of governance but also detailed administrative provisions. Those matters “which in other modern democratic countries have been left to the ordinary legislation or established political conventions, have also been included in the constitutional document itself in India.
Dr B. R Ambedkar proudly acclaimed that the Constitution of Indian has been framed after ‘ransacking all the known constitutions of the world’.
preamble to the Constitution of india
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:
in our constitutent assembly this 26 November 1949,
Do hereby adopt, enact and give to ourselves this constitution
The Preamble reveals four ingredients or components:
Constitution of India: List of All Articles (1-395) and Parts (1-22) Titles are mentioned for all articles from 1-395, separated under various parts and chapters. Preamble and Repealed articles or parts are specially mentioned.
Part III of the Indian Constitution talks about Fundamental Rights. The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are six categories of Fundamental rights which are covered from Articles 12-35.
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
(b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
(a) Access to shops, public restaurants, hotels and places of public entertainment; or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
4 A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
a) To freedom of speech and expression;
b) To assemble peaceably and without arms;
c) To form associations or unions;
d) To move freely throughout the territory of India;
f) To practice any profession, or to carry on any occupation, trade or business.
(i) The professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or
(ii) The carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
(a) To any person who for the time being is an enemy alien; or
(b) To any person who is arrested or detained under any law providing for preventive detention.
(a) An Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
(b) Such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) The procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right –
a) To establish and maintain institutions for religious and charitable purposes;
b) To manage its own affairs in matters of religion;
c) To own and acquire movable and immovable property; and
d) To administer such property in accordance with law.
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.
a) The acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or
b) The taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or
c) The amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
d) The extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or
d) The extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or
e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of and such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:
Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.
a)The expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include –
i) Any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;
ii) Any land held under ryotwari settlement;
iii) any land held or let for purposes of agriculture of for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
b) The expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:
Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, –
a) The members of the Armed Forces; or
b) The members of the Forces charged with the maintenance of public order; or
c) Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
d) Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Notwithstanding anything in this Constitution, –
a) Parliament shall have, and the Legislature of a State shall not have, power to make laws –
i) With respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
ii) For prescribing punishment for those acts which are declared to be offences under this part,
and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.
Part IV of Indian Constitution deals with Directive Principles of our State Policy. The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
The State shall, in particular, direct its policy towards securing –
a) The State shall, in particular, direct its policy towards securing –
b) That the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
c) That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
d) That there is equal pay for equal work for both men and women;
e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
The State shall endeavour to –
a) promote international peace and security;
b) maintain just and honourable relations between nations;
c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and;
d) encourage settlement of international disputes by arbitration.
Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11 Fundamental duties.
Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts.
Citizens are morally obligated by the Constitution to perform these duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance.
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