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Ideas and Ideals of the Indian
Constitution
KEY FEATURES OF THE CONSTITUTION
PREAMBLE
The preamble to the Constitution of India is a brief introductory statement that sets out guidelines, which
guide the people of the nation, and to present the principles of the Constitution, and to indicate the
source from which the document derives its authority, and meaning[1]
The hopes and aspirations of the
people are described in it. The preamble can be referred to as the preface which highlights the entire
Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into eļ¬€ect on
26 January 1950, celebrated as the Republic day in India.
SOVEREIGN
The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own
independent authority and it is not a dominion or dependent state of any other external power. The
Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by
the Constitution.
SOCIALIST
The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976.
Socialism means the achievement of socialist ends through democratic means. India has adopted
'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy where both private and
public sectors co-exist side by side. It aims to end poverty, ignorance, disease and inequality of
opportunity.
SECULAR
The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. The
term secular in the Constitution of India means that all the religions in India get equal respect,
protection and support from the state. Articles 25 to 28 in Part III of the Constitution guarantee Freedom
of Religion as a Fundamental Right.
DEMOCRATIC
The term Democratic indicates that the Constitution has established a form of government that gets
its authority from the will of the people expressed in an election. The Preamble resolves India to be a
democratic country. That means the supreme power lies with the people. In the Preamble, the term
democracy is used for political, economic and social democracy. The responsible representative
government, universal adult franchise, one vote one value, an independent judiciary, etc. are the features
of Indian democracy.
REPUBLIC
In a Republic, the head of the state is elected by the people directly or indirectly. In India, the
President is the head of the state. The President of India is elected indirectly by the people; that means,
through their representatives in the Parliament and the State Assemblies. Moreover, in a republic, political
sovereignty is vested in the people rather than a monarch.
JUSTICE
The term Justice in the Preamble embraces three distinct forms: Social, economic and political, secured
through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable society
based on equal social status. Economic justice means equitable distribution of wealth among the
individual members of the society so that wealth is not concentrated in a few hands. Political Justice
means that all citizens have equal rights in political participation. Indian Constitution provides for universal
adult suļ¬€rage and equal value for each vote.
LIBERTY
Liberty implies the absence of restraints or domination on the activities of an individual such as freedom
from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought,
expression, belief, faith, and worship.
EQUALITY
Equality means the absence of privileges or discrimination against any section of the society. The
Preamble provides for equality of status and opportunity to all the people of the country. The Constitution
strives to provide social, economic and political equality in the country.
FRATERNITY
Fraternity means the feeling of brotherhood. The Preamble seeks to promote fraternity among the
people assuring the dignity of the individual and the unity and integrity of the nation.
DIRECTIVE PRINCIPLES OF STATE POLICY
Directive Principles of State Policy (DPSP) are mentioned in the Part 4 of the Indian constitution
from articles 36 to 51. DPSPs are taken from the Constitution of the Ireland. Dr. B R Ambedkar
described these principles as ā€˜novel featuresā€™ of the Constitution.
The Directive Principles constitute a very comprehensive social, economic and political programme for
a modern and welfare state.
These principles emphasises that the State shall try to promote welfare of people by providing them
basic facilities like shelter, food and clothing.
Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non- binding in nature
which means they are not enforceable by the courts for their violation.
However, the Constitution itself declares that ā€˜these principles are fundamental in the governance of the
country and it shall be the duly of the state to apply these principles in making lawsā€™. Hence, they
impose a moral obligation on the state authorities for their implementation.
FUNDAMENTAL RIGHTS
The Fundamental Rights are deļ¬ned as the basic human rights of all citizens. These rights,
deļ¬ned in Part III of the Constitution, apply irrespective of race, place of birth, religion,
caste, creed or gender.
Fundamental Rights may well be called the soul of our Constitution. These are the very
basic rights that are universally recognized as fundamental to human existence and
indispensable for human development. It guarantees civil liberties such that all Indians can
lead their lives in peace and harmony as citizens of India. They include individual rights
common to most liberal democracies, such as equality before the law, freedom of speech
and expression, freedom of association and peaceful assembly, freedom of religion, and the
right to constitutional remedies for the protection of civil right
RIGHT TO EQUALITY (Articles 14 - 18)
Equality implies provision for equal opportunities persons for their self-development without any distinction of
religion, caste, gender, wealth or status. The Right to Equality has been guaranteed by the Indian Constitution in
Articles 14-18.
ā— Article 14 - Art. 14 of the Indian Constitution say, ā€œThe State shall not deny to any person equality before
the law or equal protection of the laws within the territory of Indiaā€. All are equal before the law. That
means, no one can claim any special privilege. Nobody is above the law of the land.
ā— Article 15 - Prohibition of discrimination on grounds only of religion, race, caste, gender or place of birth.
ā— Article 16 - Article 16 of Indian Constitution ensures equality of opportunity for all citizens in public
employment. It is further provided that in case of public employment the State cannot make any
discrimination on grounds only of religion, race, gender, descent, place of birth or residence
ā— Article 17- Article 17 of Indian Constitution declares the abolition of untouchability and prohibit its
practice in any form. The enforcement men disability arising out of ā€˜Untouchabilityā€™ shall be an oļ¬€ence
punishable in accordance with law .
ā— Article 18 - Article 18 of Constitution of India prevents the State from conferring of title. Besides, no
Indian citizen shall accept any title from any foreign state. This is considered to be an important step
towards the establishment of social equality in India.
RIGHT TO FREEDOM (Articles 19 - 22)
There are six rights under this category:-
ā— Right to freedom of Speech and Expression.
ā— Right to freedom of peaceful Assembly without arms.
ā— Right to form associations or Unions.
ā— Right to Move freely throughout the territory of India.
ā— Right to Residence and settle in any part of the Country.
ā— Right to practice any Profession or carry any Trade, occupations.
RIGHT AGAINST EXPLOITATION
(Articles 23 - 24)
ā— Article 23 - Article 23 of Indian Constitution declares Prohibition of traļ¬ƒc in
human beings and forced labor.
ā— Article 24 - Article 24 of Indian Constitution states that the employment of
children under 14 years in factories or mines, are punishable oļ¬€ences.
RIGHT TO FREEDOM OF RELIGION
(Articles 25 - 28)
ā— Article 25 - Article 25 of Indian Constitution clearly enumerates Particulars of freedom of
conscience and free profession, practice and propagation of religion.
ā— Article 26 - Article 26 of Indian Constitution speciļ¬es the freedom to manage religious
aļ¬€airs.
ā— Article 27 - Article 27 of Indian Constitution states the Freedom as to payment of taxes
for promotion of any particular religion.
ā— Article 28 - Article 28 of Indian Constitution includes freedom as to attendance at religious
instruction or religious worship in certain education institutions.
Exception - Except when it is in the interest of public order, morality, health or other conditions,
everybody has the right to profess, practice and propagate his religion freely.
CULTURAL AND EDUCATIONAL RIGHTS
(Articles 29 - 30)
The Constitution provides that every community can run its own institutions to preserve its own culture
and language. The minorities are also given the right to establish and administer educational institutions
of their own.
ā— Article 29 - Protection of interests of minorities.
ā— Article 30 - Right of minorities to establish and administer educational institutions
Article 31 - Omitted by the 44th Amendment Act.
RIGHT TO CONSTITUTIONAL REMEDIES
(Articles 32 - 35)
Article 32 - When a citizen ļ¬nds that any of his fundamental rights has been encroached upon, he can move the supreme court,
which has been empowered to safeguard the fundamental rights of a citizen. This right has been called Soul and heart of the
Constitution by BR Ambedkar.
Forms of Writ check -
The Supreme Court under article 32 and the High Court 226 can issue the writs of habeas corpus, mandamus, prohibition, and
quo-warranto.
Habeas Corpus- It is a Latin word means ā€œTo have a body ofā€. It is an order issued by the Court to a person who has detained
another person to produce the body of the latter before it.
Mandamus - It literally means ā€œWe Command.ā€ A mandamus is an order from a court to an inferior government oļ¬ƒcial ordering the
government oļ¬ƒcial to properly fulļ¬ll their oļ¬ƒcial duties or correct an abuse of discretion.
Prohibition - Means ā€œto forbid.ā€ It is issued by the higher court to lower court to prevent the latter exceeding its jurisdiction or
usurping a jurisdiction that it does not possess.
Quo- Warranto - It means ā€œBy What Authority.ā€ It is issued by the court to enquire into the legality of claim of a person to a public
oļ¬ƒce.
Part IV-A of the Indian constitution to the Fundamental Duties was inserted by the 42nd Constitutional Amendment Act 1976 by the
recommendation of Sardar Swaran Singh Committee.The committee was set up to make recommendation about the fundamental duties,
whose need was felt during the internal emergency (1975-1977).
i) To abide by the constitution & respect its ideals and institutions, the National ļ¬‚ag & the National Anthem.
ii) To cherish & follow the noble ideals which inspired our national struggle for freedom.
iii) To uphold and protect the sovereignty, unity & integrity of India.
iv) To defend the country & render national service when called upon to do so.
v) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic & regional or sectional
diversities; to renounce practices derogatory to the dignity of women.
vi) To value and preserve the rich heritage of our composite culture.
vii) To protect & improve the natural environment including forests, lakes, rivers & wildlife, & to have compassion for living creatures. viii) To develop the
scientiļ¬c temper, humanism & the spirit of enquiry & reform.
ix) To Safeguard public property & to abjure violence.
x) To strive towards excellence in all sphere of individual and collective activity so that the nation constantly rises to higher levels of endeavor &
achievement.
xi) Who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of 6 & 14 years.
(2003-86th Constitutional Amendment Acts).
FEDERAL STRUCTURE OF INDIAN GOVT
PHANCHAYATI RAJ
Concurrent list:
47 Subjects
3
STATE GOVERNMENT
State List: 66 Subjects.
2
CENTRAL
GOVERNMENT
UNION LIST:
97 Subjects
1
PARLIAMENTARY GOVERNMENT
INDIAN GOVERNMENT
LEGISLATUREEXECUTIVE
JUDICIARY
Ideas and ideals of the indian constitution

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Ideas and ideals of the indian constitution

  • 1. Ideas and Ideals of the Indian Constitution
  • 2.
  • 3. KEY FEATURES OF THE CONSTITUTION
  • 4.
  • 5. PREAMBLE The preamble to the Constitution of India is a brief introductory statement that sets out guidelines, which guide the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the document derives its authority, and meaning[1] The hopes and aspirations of the people are described in it. The preamble can be referred to as the preface which highlights the entire Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into eļ¬€ect on 26 January 1950, celebrated as the Republic day in India. SOVEREIGN The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own independent authority and it is not a dominion or dependent state of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution.
  • 6. SOCIALIST The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted 'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy where both private and public sectors co-exist side by side. It aims to end poverty, ignorance, disease and inequality of opportunity. SECULAR The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. The term secular in the Constitution of India means that all the religions in India get equal respect, protection and support from the state. Articles 25 to 28 in Part III of the Constitution guarantee Freedom of Religion as a Fundamental Right.
  • 7. DEMOCRATIC The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. The Preamble resolves India to be a democratic country. That means the supreme power lies with the people. In the Preamble, the term democracy is used for political, economic and social democracy. The responsible representative government, universal adult franchise, one vote one value, an independent judiciary, etc. are the features of Indian democracy. REPUBLIC In a Republic, the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state. The President of India is elected indirectly by the people; that means, through their representatives in the Parliament and the State Assemblies. Moreover, in a republic, political sovereignty is vested in the people rather than a monarch.
  • 8. JUSTICE The term Justice in the Preamble embraces three distinct forms: Social, economic and political, secured through various provisions of the Fundamental and Directive Principles. Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in a few hands. Political Justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suļ¬€rage and equal value for each vote. LIBERTY Liberty implies the absence of restraints or domination on the activities of an individual such as freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought, expression, belief, faith, and worship.
  • 9. EQUALITY Equality means the absence of privileges or discrimination against any section of the society. The Preamble provides for equality of status and opportunity to all the people of the country. The Constitution strives to provide social, economic and political equality in the country. FRATERNITY Fraternity means the feeling of brotherhood. The Preamble seeks to promote fraternity among the people assuring the dignity of the individual and the unity and integrity of the nation.
  • 10. DIRECTIVE PRINCIPLES OF STATE POLICY Directive Principles of State Policy (DPSP) are mentioned in the Part 4 of the Indian constitution from articles 36 to 51. DPSPs are taken from the Constitution of the Ireland. Dr. B R Ambedkar described these principles as ā€˜novel featuresā€™ of the Constitution. The Directive Principles constitute a very comprehensive social, economic and political programme for a modern and welfare state. These principles emphasises that the State shall try to promote welfare of people by providing them basic facilities like shelter, food and clothing. Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non- binding in nature which means they are not enforceable by the courts for their violation. However, the Constitution itself declares that ā€˜these principles are fundamental in the governance of the country and it shall be the duly of the state to apply these principles in making lawsā€™. Hence, they impose a moral obligation on the state authorities for their implementation.
  • 11.
  • 12. FUNDAMENTAL RIGHTS The Fundamental Rights are deļ¬ned as the basic human rights of all citizens. These rights, deļ¬ned in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. Fundamental Rights may well be called the soul of our Constitution. These are the very basic rights that are universally recognized as fundamental to human existence and indispensable for human development. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil right
  • 13.
  • 14. RIGHT TO EQUALITY (Articles 14 - 18) Equality implies provision for equal opportunities persons for their self-development without any distinction of religion, caste, gender, wealth or status. The Right to Equality has been guaranteed by the Indian Constitution in Articles 14-18. ā— Article 14 - Art. 14 of the Indian Constitution say, ā€œThe State shall not deny to any person equality before the law or equal protection of the laws within the territory of Indiaā€. All are equal before the law. That means, no one can claim any special privilege. Nobody is above the law of the land. ā— Article 15 - Prohibition of discrimination on grounds only of religion, race, caste, gender or place of birth. ā— Article 16 - Article 16 of Indian Constitution ensures equality of opportunity for all citizens in public employment. It is further provided that in case of public employment the State cannot make any discrimination on grounds only of religion, race, gender, descent, place of birth or residence ā— Article 17- Article 17 of Indian Constitution declares the abolition of untouchability and prohibit its practice in any form. The enforcement men disability arising out of ā€˜Untouchabilityā€™ shall be an oļ¬€ence punishable in accordance with law . ā— Article 18 - Article 18 of Constitution of India prevents the State from conferring of title. Besides, no Indian citizen shall accept any title from any foreign state. This is considered to be an important step towards the establishment of social equality in India.
  • 15. RIGHT TO FREEDOM (Articles 19 - 22) There are six rights under this category:- ā— Right to freedom of Speech and Expression. ā— Right to freedom of peaceful Assembly without arms. ā— Right to form associations or Unions. ā— Right to Move freely throughout the territory of India. ā— Right to Residence and settle in any part of the Country. ā— Right to practice any Profession or carry any Trade, occupations.
  • 16. RIGHT AGAINST EXPLOITATION (Articles 23 - 24) ā— Article 23 - Article 23 of Indian Constitution declares Prohibition of traļ¬ƒc in human beings and forced labor. ā— Article 24 - Article 24 of Indian Constitution states that the employment of children under 14 years in factories or mines, are punishable oļ¬€ences.
  • 17. RIGHT TO FREEDOM OF RELIGION (Articles 25 - 28) ā— Article 25 - Article 25 of Indian Constitution clearly enumerates Particulars of freedom of conscience and free profession, practice and propagation of religion. ā— Article 26 - Article 26 of Indian Constitution speciļ¬es the freedom to manage religious aļ¬€airs. ā— Article 27 - Article 27 of Indian Constitution states the Freedom as to payment of taxes for promotion of any particular religion. ā— Article 28 - Article 28 of Indian Constitution includes freedom as to attendance at religious instruction or religious worship in certain education institutions. Exception - Except when it is in the interest of public order, morality, health or other conditions, everybody has the right to profess, practice and propagate his religion freely.
  • 18. CULTURAL AND EDUCATIONAL RIGHTS (Articles 29 - 30) The Constitution provides that every community can run its own institutions to preserve its own culture and language. The minorities are also given the right to establish and administer educational institutions of their own. ā— Article 29 - Protection of interests of minorities. ā— Article 30 - Right of minorities to establish and administer educational institutions Article 31 - Omitted by the 44th Amendment Act.
  • 19. RIGHT TO CONSTITUTIONAL REMEDIES (Articles 32 - 35) Article 32 - When a citizen ļ¬nds that any of his fundamental rights has been encroached upon, he can move the supreme court, which has been empowered to safeguard the fundamental rights of a citizen. This right has been called Soul and heart of the Constitution by BR Ambedkar. Forms of Writ check - The Supreme Court under article 32 and the High Court 226 can issue the writs of habeas corpus, mandamus, prohibition, and quo-warranto. Habeas Corpus- It is a Latin word means ā€œTo have a body ofā€. It is an order issued by the Court to a person who has detained another person to produce the body of the latter before it. Mandamus - It literally means ā€œWe Command.ā€ A mandamus is an order from a court to an inferior government oļ¬ƒcial ordering the government oļ¬ƒcial to properly fulļ¬ll their oļ¬ƒcial duties or correct an abuse of discretion. Prohibition - Means ā€œto forbid.ā€ It is issued by the higher court to lower court to prevent the latter exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Quo- Warranto - It means ā€œBy What Authority.ā€ It is issued by the court to enquire into the legality of claim of a person to a public oļ¬ƒce.
  • 20.
  • 21. Part IV-A of the Indian constitution to the Fundamental Duties was inserted by the 42nd Constitutional Amendment Act 1976 by the recommendation of Sardar Swaran Singh Committee.The committee was set up to make recommendation about the fundamental duties, whose need was felt during the internal emergency (1975-1977). i) To abide by the constitution & respect its ideals and institutions, the National ļ¬‚ag & the National Anthem. ii) To cherish & follow the noble ideals which inspired our national struggle for freedom. iii) To uphold and protect the sovereignty, unity & integrity of India. iv) To defend the country & render national service when called upon to do so. v) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic & regional or sectional diversities; to renounce practices derogatory to the dignity of women. vi) To value and preserve the rich heritage of our composite culture. vii) To protect & improve the natural environment including forests, lakes, rivers & wildlife, & to have compassion for living creatures. viii) To develop the scientiļ¬c temper, humanism & the spirit of enquiry & reform. ix) To Safeguard public property & to abjure violence. x) To strive towards excellence in all sphere of individual and collective activity so that the nation constantly rises to higher levels of endeavor & achievement. xi) Who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of 6 & 14 years. (2003-86th Constitutional Amendment Acts).
  • 22. FEDERAL STRUCTURE OF INDIAN GOVT PHANCHAYATI RAJ Concurrent list: 47 Subjects 3 STATE GOVERNMENT State List: 66 Subjects. 2 CENTRAL GOVERNMENT UNION LIST: 97 Subjects 1