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INDIAN
CONSTITUTION &
SIGNIFICANT ASPECTS
OF POLITICAL
PROCESS
UNIT 4 & 5
FOUNDATION COURSE 1
STRUCTURE OF THE CONSTITUTION
• https://legislative.gov.in/constitution-of-india/
• The Republic is governed in terms of
the Constitution of India which was
adopted by the Constituent Assembly
on 26th November 1949 and came
into force on 26th January 1950.
• The Constitution provides for a
Parliamentary form of government
which is federal in structure with
certain unitary features.
• There are total 448 articles
in the Indian Constitution.
Each set of articles covers
important parts of the
constitution
including legislatures,
executive, schedules, Parts
of Indian Constitution,
constitutional bodies,
statutory bodies,
fundamental rights and more.
• Indian constitution has 448 articles in 25 parts and 12 schedules
and has made 105 amendments to add all these, initially it has
395 articles in 22 parts and 8 schedules.
• Originally the Indian Constitution adapted on 26 January
Parts Subjects Articles
Part I Union & Its Territory Articles 1-4
Part II Citizenship Article 5-11
Part III Fundamental Rights Article 12-35
Part IV Directive Principles Article 36-51
Part IV A Fundamental Duties Article 51A
Part V The Union Article 52-151
Part VI The States Article 152-237
Part VII 7
th
Amendment Act, 1956 repealed Part VII
Part VIII The Union Territories Article 239-242
Part IX The Panchayats Article 243-243O
Part IX A The Municipalities Article 243P-243ZG
Part IX B Co-operative Societies Article 243ZH- 243ZT
Part X Scheduled and Tribal Areas Article 244-244A
Part XI Relation between Union & States Article 245-263
Part XII Finance, Property, Contracts, and Suits Article 264-300A
Part XIII Trade, Commerce, and Intercourse within the
territory of India
Article 301-307
Part XIV Services under the Union and States Article 308-323
Part XIV A Tribunals Article 324-329 A
Part XV Elections Article 330-342
Part XVI Special Provisions related to certain classes Article 343-351
Part XVII Official Languages Article 352-360
Part XIX Miscellaneous Article 361-367
Part XX Amendment of the Constitution Article 368
Part XXI Temporary, Transitional, and Special Provisions Article 369-392
Part XXII Short title, Commencement, Authoritative Text in
Hindi, and Repeals
Article 393-395
Part XVIII EMERGENCY PROVISIONS
SCHEDULES OF INDIAN CONSTITUTION
• https://youtu.be/UI-VYhhmIq8
Schedule Subject Dealt Articles Covered
First Schedule •Part-1: The Union and its
Territories
•Lists the States name and their
territorial jurisdiction
•Lists the Union
Territories name and their
territorial extent.
Article 1
Article 4
Schedule Subject Dealt Articles Covered
Second Schedule It deals with the provisions relating to the
emoluments, allowances and privileges of:
•The President of India
•The Governors of Indian States
•The Speaker and the Deputy Speaker of Lok Sabha
•The Chairman and the Deputy Chairman of Rajya
Sabha
•The Speaker and the Deputy Speaker of the State
Legislative Assemblies
•The Chairman and the Deputy Chairman of the State
Legislative Assemblies
•The Judges of the Supreme Court
•The Judges of the High Court
•The Comptroller and Auditor General of India
Article 59
Article 65
Article 75
Article 97
Article 125
Article 148
Article 158
Article 164
Article 186
Article 221
Third Schedule It consists of the forms of oath or
affirmations for:
•The Union Ministers
•The Candidates of Parliamentary
elections
•Members of the Parliament
•The Judges of the Supreme Court
•The Comptroller and Auditor General of
India
•The State Ministers
•The Candidates of State Legislature
elections
•Members of the State Legislature
•The Judges of the High Court
Article 75
Article 84
Article 99
Article 124
Article 146
Article 173
Article 188
Article 219
Fourth
Schedule
It deals with provisions related to the
allocation of seats in the Rajya Sabha
to the States and Union Territories
Article 4
Article 80
Fifth
Schedule
It consists of the provisions related to
the administration and control of
scheduled areas and scheduled tribes
in India
Article 244
Sixth Schedule This schedule deals with the provisions
related to the administration of tribal
areas in the states of
•Assam
•Meghalaya
•Tripura
•Mizoram
Article 244
Article 275
Seventh Schedule It consists of three lists which divide the
power between the Union and the States.
•List I – Union List
•List II – State List
•List III – Concurrent List
Article 246
Eighth Schedule It consists of a list of 22 Indian languages
which are recognized by the Indian
Constitution
•Assamese
•Bengali
•Bodo
•Dogri (Dongri)
•Gujarati
•Hindi
•Kannada
•Sanskrit
•Santhali
•Sindhi
•Tamil
•Telugu
•Urdu
Ninth Schedule The acts and regulations passed
by the State Legislatures related
to land reforms and the
abolition of the Zamindari
System are described under this
schedule.
The acts and regulations of
Parliament dealing with other
matters are also dealt with in
this schedule.
Article 31-B
Tenth Schedule It deals with the provisions
related to anti-defection law
i.e., the members of Parliament
and State Legislature can be
disqualified on the ground of
defection.
Article 102
Article 91
Eleventh Schedule 29 matters related to the
power, authority and
responsibilities of Panchayats
are described in this Schedule.
Article 243-G
Twelfth Schedule 18 matters related to
Municipalities’ power, authority
and responsibilities are
described in this Schedule.
Article 243-W
Fundamental Duties
• The 42nd Amendment Act, 1976 added a Chapter IV-A which consist of
only one Article 51-A which dealt with a Code of Ten Fundamental Duties
for citizens.
• Fundamental duties are intended to serve as a constant reminder to
every citizen that while the constitution specifically conferred on them
certain Fundamental Rights, it also requires citizens to observe certain
basic norms of democratic conduct and democratic behaviour because
rights and duties are co-relative.
Article 51-A Says that it shall be the
duty of every citizen of India-
• to abide by the constitution and respect its ideal and institutions;
• to cherish and follow the noble ideals which inspired our national struggle for freedom;
• to uphold and protect the sovereignty, unity and integrity of India;
• to defend the country and render national service when called upon to do so;
• to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional diversities,
• to renounce practices derogatory to the dignity of women;
to value and preserve the rich heritage of our composite culture;
• to protect and improve the natural environment including
forests, lakes, rivers, and wild-life and to have compassion
for living creatures;
• to develop the scientific temper, humanism and the spirit
of inquiry and reform;
• to safeguard public property and to abjure violence;
• to strive towards excellence in all spheres of individual
and collective activity, so that the nation constantly rises to
higher levels of endeavor and achievement. Further, one
more Fundamental duty has been added to the Indian
Constitution by 86th Amendment of the constitution in
2002.
• 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 six and fourteen years.
FUNDAMENTAL RIGHTS
• The Constitution offers all
citizens, individually and
collectively, some basic
freedoms.
• These are guaranteed in the
Constitution in the form of six
broad categories of
Fundamental Rights, which
are justifiable. Article 12 to 35
contained in Part III of the
Constitution deal with
Fundamental Rights.
• Right to equality, including equality before law,
prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth, and equality of
opportunity in matters of employment.
• Right to freedom of speech and expression,
assembly, association or union, movement,
residence, and right to practice any profession or
occupation (some of these rights are subject to
security of the State, friendly relations with foreign
countries, public order, decency or morality).
• Right against exploitation, prohibiting all forms of
forced labour, child labour and traffic in human
beings.
• Right to freedom of conscience and free
profession, practice, and propagation of religion.
• Right of any section of citizens to conserve their
culture, language or script, and right of minorities
to establish and administer educational institutions
of their choice; and
• Right to constitutional remedies for enforcement
of Fundamental Rights.
1.Right to equality (Articles 14–18)
2.Right to freedom (Articles 19–22)
3.Right against exploitation (Articles
23–24)
4.Right to freedom of religion
(Articles 25–28)
5.Cultural and educational rights
(Articles 29-30)
6.Right to constitutional remedies
(Article 32-35)
FUNDAMENTAL
RIGHTS
ARTICLES
1. Right to
equality
(a) Article 14 - Equal protection of laws and Equality before
law.
(b) Article 15 - Prohibition of discrimination on grounds of
religion, caste, sex, place of birth or race.
(c) Article 16 - Equality of opportunity in terms of public
employment.
(d) Article 17 - Abolition of untouchability and prohibition of its
practice.
(e) Article 18 - Abolition of titles except military and academic.
2. Right to freedom
(a) Article 19 - Protection of six rights regarding freedom of:
(i) speech and expression,
(ii) assembly,
(iii) association,
(iv) movement,
(v) residence, and
(vi) profession
(b) Article 20 - Protection in a conviction for offences.
(c) Article 21 - Protection of life and personal liberty.
(d)Article 21A - Right to elementary education.
(e) Article 22 - Protection against arrest and detention in certain cases.
3. Right against
exploitation
(a) Article 23 - Prohibition of traffic in forced labour and human beings.
(b) Article 24 - Prohibition of employment of children in Companies and
factories, etc.
4. Right to freedom of
religion
(a) Article 25 - Freedom of conscience and free
profession, practice and propagation of religion.
(b) Article 26 - Freedom to manage religious affairs.
(c) Article 27 - Freedom from payment of taxes for
promotion of any religion or religious affairs.
(d) Article 28 - Freedom from attending religious
instruction or worship in certain educational institutions
5. Cultural and
educational rights
(a) Article 29 - Protection of language, script and culture
of minorities.
(b) Article 30 - Rights of minorities to establish and
administer educational institutions.
6. Right to
constitutional
remedies
(a) Article 32 - Right to remedies for the enforcement of the fundamental
rights using five writs:
Habeas Corpus - to direct the release of a person detained unlawfully.
Mandamus - to direct a public authority to do its duty.
Quo Warranto - to direct a person to vacate an office assumed
wrongfully.
Prohibition - to prohibit a lower court from proceeding on a case.
Certiorari - the power of the higher court to remove a proceeding from a
lower court and bring it before itself.
(b) Article 33 - Provides the Parliament with the authority to limit or abolish the
fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces,
intelligence agencies, and analogous forces”.
(c) Article 34 - Provides for the restrictions on fundamental rights while martial law(military
rule) is in force.
(d) Article 35 - Empowers the Parliament to make laws on Fundamental Rights.
Basic features of the
Constitution.
• The world's longest Constitution.
The Indian Constitution is the longest and
Constitution. Mainly because it contains not
fundamental human rights but also specific
directions. Many institutions, such as the
have been granted a constitutional position
308- 323).
Another one of the factors for the size of
that it applies to the entire country of India.
such a large nation, it necessitated the
regulations to diverse areas of the country.
vast constitution was created.
Assembled from a myriad of perspectives
Elements of our Constitution were borrowed out of a multitude of
elements of our Constitution were derived from the Government of
The different sources of the Indian Constitution are as follows:
1. United States of America
Fundamental Rights, independence of Judiciary, Judicial
President and Supreme Court Judges.
2. United Kingdom
Single Citizenship, Parliamentary system of Government, Rule
writs
3. Canada Constitution
Quasi Federal Government system, Appointment of Governors.
4. Australia Constitution
Concurrent List, Joint sitting of 2 houses of the Parliament,
5. USSR
Fundamental duties, Social, Economic, and Political Justice.
6. Ireland
Directive Principles of State Policy, Election of President.
7. Germany
Emergency provisions like Suspension of Fundamental Rights
emergency.
8. France: Republic
9. South Africa
Amendment of Constitution, Election of members of Rajya
10.Japan
The procedure is established by law.
Adult Universal Franchise
Our forefathers were entitled to vote for each Indian
age of 21. (now age is 18). It took several years for
democracy to grant this freedom to all of us.
Solitary Citizenship
The Constitution of India provides for single
that whoever obtains the citizenship rights of
loses their Indian citizenship. The UK Constitution
of citizenship. People can benefit from the
merely by becoming citizens. The ability to vote and
positions such as President and Member of
accessible to Indian nationals.
Independence of the Judiciary
In India, the judicial system is largely autonomous
judgments. In a republic, judicial independence is
its inhabitants against the unauthorized or unlawful
government agencies. The Constitution provides for
fundamental rights. The Judiciary must use its
32 & 13 to protect such fundamental rights.
Constitution of a Quasi-Federal Republic
Quasi-federal indicates that this seems to be
genuinely federal due to a significant lean towards
authority. In situations of distress, the Central
control than the State Legislatures.
The Parliamentary system of Government
The British Constitution inspired this style of
chose it because she had prior experience with
governance. This is referred to as a UK parliament.
responsible and responsive to the legislative by
classes in this management style.
Rigidity and Flexibility in Balance
According to the document, most parts of the
changed by a mere majority in The parliament. At
many clauses in Article 368 require a specific
situations impacting the state's policy.
State Policy Directive Principles
These are some of the ideas outlined in Articles 36
act as a guide for such governments in developing
the public welfare. Even though these ideas are
state has passed different Legislation as a result which all
have become Inalienable rights. The most notable
Right to Education. This was formerly a Directive
has been enacted and included in the Fundamental Rights
legitimate legal right.
Fundamental Duties
These responsibilities were not included in the original
were considered to be necessary subsequently. Invoking
India's Government had 11 Fundamental Duties to Article
Constitution. They were formed in 1976 as part of the
Constitution. The Government thought Indian nationals
values to demonstrate reverence for our country.
Fundamental rights
Part 3 of the Constitution of India establishes
35). These are indeed the universal human rights that
enjoys. All Indian citizens have access to Articles 15, 16,
Except for nationals of hostile nations, everybody who
entitled to Articles 14, 20, 21, 21A, 23, 24, and 25-28.
PARTY
SYSTEM IN
INDIA
• A political party is a collection
of people who band together
to advance a specific agenda
and work to use legal means
to take control of the
government in order to carry
out that programme.
• In the current democratic
era, the struggle for power is
open and not veiled.
• Political parties now have a
distinct relevance as a result.
Election preparation, political
information dissemination,
campaigning, and legislator
election are all responsibilities
of political parties....
• https://www.studyiq.com/articles/party-system-in-india/
Multi-Party System
Due to the breadth of the nation’s continent, the
diversity of Indian society, the adoption of the
universal adult franchise, the distinctive style of
the political process, and other factors, a sizable
number of political parties have emerged.
In actuality, India has the most political parties
per capita in the entire globe.
On the eve of the 17th Lok Sabha general
elections (2019), there were 7 national parties, 52
state parties, and 2354 registered but
unrecognized parties in the nation.
Additionally, India has a wide variety of political
parties, including communal and non-communal
parties, as well as left, centre, and right-wing
groups.
As a result, coalition governments, hung
legislatures, and hung assemblies have become
the norm.
Features of Party
System in India
• Here are the salient features of the party system in India:
• Multi-party System: India is a vast country with many people. There
are a lot of political parties in India that are further divided into
categories like right parties, centrist and left parties. The coalition
governments, hung assemblies, and hung parliaments have been static
phenomena in Indian politics.
• Lack of Clear Ideology: In India, only three parties work with a clear
ideology: BJP, CPM, and CPI. In contrast, the rest lack a clear-cut
ideology and possess a similar ideology regarding policies and
programs. These parties work on the principles of
socialism, secularism, democracy, and Gandhism.
• One-dominant Party Systems: India is a democratic country. Yet, only
one party ruled the country for quite a long time after independence.
Because of this, an eminent political analyst, Rajni Kothari, called the
Party system in India the Congress System or the one-party dominance
system.
• Personality Cult: In India, the political parties represented the
ideology of their leaders. Thus, the leader or his ideology is of more
importance rather than what they put up in their manifesto. For
example, Congress became more popular because of Nehru and
Gandhi’s significant leadership.
• Based on Traditional Factors: Most political parties in India were
formed by the people based on political and socio-economic
programmes. In contrast, the rest of the parties are created based on
culture, language, caste, or religion. For example, Hindu Maha
Sabha, Muslim League, Shiv Sena, etc.
• The Emergence of Regional Parties– There is a growing role
of regional parties in India that emerged over the party system.
E.g., Akali Dal in Punjab, AIADMK in Tamil Nadu, BJD in Orissa, etc.
• Lack of Effective Opposition– A democracy would not work well
without effective opposition. An effective opposition would keep a
check on the tendencies of the ruling party that would instead work as
an alternative government. Even after years of independence, India
lacks in terms of effective opposition.
ROLE & SIGNIFICANCE OF WOMEN IN INDIAN
POLITICS
73rd & 74th
constitutional
amendments
• 73rd Constitutional Amendment Act:
• Panchayati Raj Institution was constitutionalized
through the 73rd Constitutional Amendment Act,
1992.
• This act has added a new Part-IX to the
Constitution of India and consists of provisions
from Articles 243 to 243 O.
• In addition, the act has also added a
new 11th Schedule to the Constitution and contains
29 functional items of the panchayats.
• Urban local governments were constitutionalized
through the 74th Amendment Act during the regime
of P.V. Narsimha Rao's government in 1992. It
came into force on 1st June 1993.
• It added Part IX -A and consists of provisions
from Articles 243-P to 243-ZG.
• In addition, the act also added the 12th Schedule to
the Constitution. It contains 18 functional items of
Municipalities.
•74th Constitutional
Amendment Act:
73rd Constitution
al Amendment Act
of 1992
• Significance of the Act
• The Act added Part IX to the Constitution, “The Panchayats”
and also added the Eleventh Schedule which consists of the
29 functional items of the panchayats.
• Part IX of the Constitution contains Article 243 to Article
243 O.
• The Amendment Act provides shape to Article 40 of the
Constitution, (directive principles of state policy), which
directs the state to organise the village panchayats and
provide them powers and authority so that they can function
as self-government.
• With the Act, Panchayati Raj systems come under the purview
of the justiciable part of the Constitution and mandates
states to adopt the system. Further, the election process in
the Panchayati Raj institutions will be held independent of
the state government’s will.
• The Act has two parts: compulsory and voluntary. Compulsory
provisions must be added to state laws, which includes the
creation of the new Panchayati Raj systems. Voluntary
provisions, on the other hand, is the discretion of the
state government.
• The Act is a very significant step in creating democratic
institutions at the grassroots level in the country. The Act
has transformed the representative democracy into
participatory democracy.
• .
• https://byjus.com/free-ias-prep/panchayati-raj/
74th
Constitution
al
Amendment
• The 74th Amendment Act of 1992
provides a basic framework of
decentralisation of powers and
authorities to the Municipal bodies
at different levels. However,
responsibility for giving it a
practical shape rests with the
States.
• The term ‘Urban Local Government’ in
India signifies the governance of an
urban area by the people through
their elected representatives. The
jurisdiction of an urban local
government is limited to a specific
urban area, which is demarcated for
this purpose by the state
government.
• https://byjus.com/free-ias-prep/municipalities-74-
amendment-act-1992/
Local Self-
government
In Urban And
Rural Areas
•The Urban local bodies include
Municipal
Corporations,Municipal
Councils and Nagar
Panchayat.
•The rural local bodies in
corporate ZillaParishad,
Panchayat Samiti and Gram
Panchayat.
•In urban areas a variety of
local self-government
institutions are found.

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Indian Constitution: Structure, Parts, Schedules and Fundamental Rights

  • 1. INDIAN CONSTITUTION & SIGNIFICANT ASPECTS OF POLITICAL PROCESS UNIT 4 & 5 FOUNDATION COURSE 1
  • 2.
  • 3.
  • 4. STRUCTURE OF THE CONSTITUTION • https://legislative.gov.in/constitution-of-india/ • The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950. • The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. • There are total 448 articles in the Indian Constitution. Each set of articles covers important parts of the constitution including legislatures, executive, schedules, Parts of Indian Constitution, constitutional bodies, statutory bodies, fundamental rights and more.
  • 5. • Indian constitution has 448 articles in 25 parts and 12 schedules and has made 105 amendments to add all these, initially it has 395 articles in 22 parts and 8 schedules. • Originally the Indian Constitution adapted on 26 January
  • 6. Parts Subjects Articles Part I Union & Its Territory Articles 1-4 Part II Citizenship Article 5-11 Part III Fundamental Rights Article 12-35 Part IV Directive Principles Article 36-51 Part IV A Fundamental Duties Article 51A Part V The Union Article 52-151 Part VI The States Article 152-237 Part VII 7 th Amendment Act, 1956 repealed Part VII Part VIII The Union Territories Article 239-242 Part IX The Panchayats Article 243-243O Part IX A The Municipalities Article 243P-243ZG Part IX B Co-operative Societies Article 243ZH- 243ZT Part X Scheduled and Tribal Areas Article 244-244A Part XI Relation between Union & States Article 245-263
  • 7. Part XII Finance, Property, Contracts, and Suits Article 264-300A Part XIII Trade, Commerce, and Intercourse within the territory of India Article 301-307 Part XIV Services under the Union and States Article 308-323 Part XIV A Tribunals Article 324-329 A Part XV Elections Article 330-342 Part XVI Special Provisions related to certain classes Article 343-351
  • 8. Part XVII Official Languages Article 352-360 Part XIX Miscellaneous Article 361-367 Part XX Amendment of the Constitution Article 368 Part XXI Temporary, Transitional, and Special Provisions Article 369-392 Part XXII Short title, Commencement, Authoritative Text in Hindi, and Repeals Article 393-395 Part XVIII EMERGENCY PROVISIONS
  • 9. SCHEDULES OF INDIAN CONSTITUTION • https://youtu.be/UI-VYhhmIq8
  • 10. Schedule Subject Dealt Articles Covered First Schedule •Part-1: The Union and its Territories •Lists the States name and their territorial jurisdiction •Lists the Union Territories name and their territorial extent. Article 1 Article 4
  • 11. Schedule Subject Dealt Articles Covered Second Schedule It deals with the provisions relating to the emoluments, allowances and privileges of: •The President of India •The Governors of Indian States •The Speaker and the Deputy Speaker of Lok Sabha •The Chairman and the Deputy Chairman of Rajya Sabha •The Speaker and the Deputy Speaker of the State Legislative Assemblies •The Chairman and the Deputy Chairman of the State Legislative Assemblies •The Judges of the Supreme Court •The Judges of the High Court •The Comptroller and Auditor General of India Article 59 Article 65 Article 75 Article 97 Article 125 Article 148 Article 158 Article 164 Article 186 Article 221
  • 12. Third Schedule It consists of the forms of oath or affirmations for: •The Union Ministers •The Candidates of Parliamentary elections •Members of the Parliament •The Judges of the Supreme Court •The Comptroller and Auditor General of India •The State Ministers •The Candidates of State Legislature elections •Members of the State Legislature •The Judges of the High Court Article 75 Article 84 Article 99 Article 124 Article 146 Article 173 Article 188 Article 219
  • 13. Fourth Schedule It deals with provisions related to the allocation of seats in the Rajya Sabha to the States and Union Territories Article 4 Article 80 Fifth Schedule It consists of the provisions related to the administration and control of scheduled areas and scheduled tribes in India Article 244
  • 14. Sixth Schedule This schedule deals with the provisions related to the administration of tribal areas in the states of •Assam •Meghalaya •Tripura •Mizoram Article 244 Article 275 Seventh Schedule It consists of three lists which divide the power between the Union and the States. •List I – Union List •List II – State List •List III – Concurrent List Article 246
  • 15. Eighth Schedule It consists of a list of 22 Indian languages which are recognized by the Indian Constitution •Assamese •Bengali •Bodo •Dogri (Dongri) •Gujarati •Hindi •Kannada •Sanskrit •Santhali •Sindhi •Tamil •Telugu •Urdu
  • 16. Ninth Schedule The acts and regulations passed by the State Legislatures related to land reforms and the abolition of the Zamindari System are described under this schedule. The acts and regulations of Parliament dealing with other matters are also dealt with in this schedule. Article 31-B Tenth Schedule It deals with the provisions related to anti-defection law i.e., the members of Parliament and State Legislature can be disqualified on the ground of defection. Article 102 Article 91
  • 17. Eleventh Schedule 29 matters related to the power, authority and responsibilities of Panchayats are described in this Schedule. Article 243-G Twelfth Schedule 18 matters related to Municipalities’ power, authority and responsibilities are described in this Schedule. Article 243-W
  • 18. Fundamental Duties • The 42nd Amendment Act, 1976 added a Chapter IV-A which consist of only one Article 51-A which dealt with a Code of Ten Fundamental Duties for citizens. • Fundamental duties are intended to serve as a constant reminder to every citizen that while the constitution specifically conferred on them certain Fundamental Rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour because rights and duties are co-relative.
  • 19. Article 51-A Says that it shall be the duty of every citizen of India- • to abide by the constitution and respect its ideal and institutions; • to cherish and follow the noble ideals which inspired our national struggle for freedom; • to uphold and protect the sovereignty, unity and integrity of India; • to defend the country and render national service when called upon to do so; • to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, • to renounce practices derogatory to the dignity of women; to value and preserve the rich heritage of our composite culture;
  • 20. • to protect and improve the natural environment including forests, lakes, rivers, and wild-life and to have compassion for living creatures; • to develop the scientific temper, humanism and the spirit of inquiry and reform; • to safeguard public property and to abjure violence; • to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement. Further, one more Fundamental duty has been added to the Indian Constitution by 86th Amendment of the constitution in 2002. • 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 six and fourteen years.
  • 21. FUNDAMENTAL RIGHTS • The Constitution offers all citizens, individually and collectively, some basic freedoms. • These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
  • 22. • Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment. • Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality). • Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings. • Right to freedom of conscience and free profession, practice, and propagation of religion. • Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and • Right to constitutional remedies for enforcement of Fundamental Rights.
  • 23. 1.Right to equality (Articles 14–18) 2.Right to freedom (Articles 19–22) 3.Right against exploitation (Articles 23–24) 4.Right to freedom of religion (Articles 25–28) 5.Cultural and educational rights (Articles 29-30) 6.Right to constitutional remedies (Article 32-35)
  • 24. FUNDAMENTAL RIGHTS ARTICLES 1. Right to equality (a) Article 14 - Equal protection of laws and Equality before law. (b) Article 15 - Prohibition of discrimination on grounds of religion, caste, sex, place of birth or race. (c) Article 16 - Equality of opportunity in terms of public employment. (d) Article 17 - Abolition of untouchability and prohibition of its practice. (e) Article 18 - Abolition of titles except military and academic.
  • 25. 2. Right to freedom (a) Article 19 - Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (b) Article 20 - Protection in a conviction for offences. (c) Article 21 - Protection of life and personal liberty. (d)Article 21A - Right to elementary education. (e) Article 22 - Protection against arrest and detention in certain cases. 3. Right against exploitation (a) Article 23 - Prohibition of traffic in forced labour and human beings. (b) Article 24 - Prohibition of employment of children in Companies and factories, etc.
  • 26. 4. Right to freedom of religion (a) Article 25 - Freedom of conscience and free profession, practice and propagation of religion. (b) Article 26 - Freedom to manage religious affairs. (c) Article 27 - Freedom from payment of taxes for promotion of any religion or religious affairs. (d) Article 28 - Freedom from attending religious instruction or worship in certain educational institutions 5. Cultural and educational rights (a) Article 29 - Protection of language, script and culture of minorities. (b) Article 30 - Rights of minorities to establish and administer educational institutions.
  • 27. 6. Right to constitutional remedies (a) Article 32 - Right to remedies for the enforcement of the fundamental rights using five writs: Habeas Corpus - to direct the release of a person detained unlawfully. Mandamus - to direct a public authority to do its duty. Quo Warranto - to direct a person to vacate an office assumed wrongfully. Prohibition - to prohibit a lower court from proceeding on a case. Certiorari - the power of the higher court to remove a proceeding from a lower court and bring it before itself. (b) Article 33 - Provides the Parliament with the authority to limit or abolish the fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces”. (c) Article 34 - Provides for the restrictions on fundamental rights while martial law(military rule) is in force. (d) Article 35 - Empowers the Parliament to make laws on Fundamental Rights.
  • 28. Basic features of the Constitution. • The world's longest Constitution. The Indian Constitution is the longest and Constitution. Mainly because it contains not fundamental human rights but also specific directions. Many institutions, such as the have been granted a constitutional position 308- 323). Another one of the factors for the size of that it applies to the entire country of India. such a large nation, it necessitated the regulations to diverse areas of the country. vast constitution was created.
  • 29. Assembled from a myriad of perspectives Elements of our Constitution were borrowed out of a multitude of elements of our Constitution were derived from the Government of The different sources of the Indian Constitution are as follows: 1. United States of America Fundamental Rights, independence of Judiciary, Judicial President and Supreme Court Judges. 2. United Kingdom Single Citizenship, Parliamentary system of Government, Rule writs 3. Canada Constitution Quasi Federal Government system, Appointment of Governors. 4. Australia Constitution Concurrent List, Joint sitting of 2 houses of the Parliament, 5. USSR Fundamental duties, Social, Economic, and Political Justice. 6. Ireland Directive Principles of State Policy, Election of President. 7. Germany Emergency provisions like Suspension of Fundamental Rights emergency. 8. France: Republic 9. South Africa Amendment of Constitution, Election of members of Rajya 10.Japan The procedure is established by law.
  • 30. Adult Universal Franchise Our forefathers were entitled to vote for each Indian age of 21. (now age is 18). It took several years for democracy to grant this freedom to all of us. Solitary Citizenship The Constitution of India provides for single that whoever obtains the citizenship rights of loses their Indian citizenship. The UK Constitution of citizenship. People can benefit from the merely by becoming citizens. The ability to vote and positions such as President and Member of accessible to Indian nationals. Independence of the Judiciary In India, the judicial system is largely autonomous judgments. In a republic, judicial independence is its inhabitants against the unauthorized or unlawful government agencies. The Constitution provides for fundamental rights. The Judiciary must use its 32 & 13 to protect such fundamental rights.
  • 31. Constitution of a Quasi-Federal Republic Quasi-federal indicates that this seems to be genuinely federal due to a significant lean towards authority. In situations of distress, the Central control than the State Legislatures. The Parliamentary system of Government The British Constitution inspired this style of chose it because she had prior experience with governance. This is referred to as a UK parliament. responsible and responsive to the legislative by classes in this management style. Rigidity and Flexibility in Balance According to the document, most parts of the changed by a mere majority in The parliament. At many clauses in Article 368 require a specific situations impacting the state's policy.
  • 32. State Policy Directive Principles These are some of the ideas outlined in Articles 36 act as a guide for such governments in developing the public welfare. Even though these ideas are state has passed different Legislation as a result which all have become Inalienable rights. The most notable Right to Education. This was formerly a Directive has been enacted and included in the Fundamental Rights legitimate legal right. Fundamental Duties These responsibilities were not included in the original were considered to be necessary subsequently. Invoking India's Government had 11 Fundamental Duties to Article Constitution. They were formed in 1976 as part of the Constitution. The Government thought Indian nationals values to demonstrate reverence for our country. Fundamental rights Part 3 of the Constitution of India establishes 35). These are indeed the universal human rights that enjoys. All Indian citizens have access to Articles 15, 16, Except for nationals of hostile nations, everybody who entitled to Articles 14, 20, 21, 21A, 23, 24, and 25-28.
  • 34. • A political party is a collection of people who band together to advance a specific agenda and work to use legal means to take control of the government in order to carry out that programme. • In the current democratic era, the struggle for power is open and not veiled. • Political parties now have a distinct relevance as a result. Election preparation, political information dissemination, campaigning, and legislator election are all responsibilities of political parties.... • https://www.studyiq.com/articles/party-system-in-india/
  • 35. Multi-Party System Due to the breadth of the nation’s continent, the diversity of Indian society, the adoption of the universal adult franchise, the distinctive style of the political process, and other factors, a sizable number of political parties have emerged. In actuality, India has the most political parties per capita in the entire globe. On the eve of the 17th Lok Sabha general elections (2019), there were 7 national parties, 52 state parties, and 2354 registered but unrecognized parties in the nation. Additionally, India has a wide variety of political parties, including communal and non-communal parties, as well as left, centre, and right-wing groups. As a result, coalition governments, hung legislatures, and hung assemblies have become the norm.
  • 36. Features of Party System in India • Here are the salient features of the party system in India: • Multi-party System: India is a vast country with many people. There are a lot of political parties in India that are further divided into categories like right parties, centrist and left parties. The coalition governments, hung assemblies, and hung parliaments have been static phenomena in Indian politics. • Lack of Clear Ideology: In India, only three parties work with a clear ideology: BJP, CPM, and CPI. In contrast, the rest lack a clear-cut ideology and possess a similar ideology regarding policies and programs. These parties work on the principles of socialism, secularism, democracy, and Gandhism. • One-dominant Party Systems: India is a democratic country. Yet, only one party ruled the country for quite a long time after independence. Because of this, an eminent political analyst, Rajni Kothari, called the Party system in India the Congress System or the one-party dominance system.
  • 37. • Personality Cult: In India, the political parties represented the ideology of their leaders. Thus, the leader or his ideology is of more importance rather than what they put up in their manifesto. For example, Congress became more popular because of Nehru and Gandhi’s significant leadership. • Based on Traditional Factors: Most political parties in India were formed by the people based on political and socio-economic programmes. In contrast, the rest of the parties are created based on culture, language, caste, or religion. For example, Hindu Maha Sabha, Muslim League, Shiv Sena, etc. • The Emergence of Regional Parties– There is a growing role of regional parties in India that emerged over the party system. E.g., Akali Dal in Punjab, AIADMK in Tamil Nadu, BJD in Orissa, etc. • Lack of Effective Opposition– A democracy would not work well without effective opposition. An effective opposition would keep a check on the tendencies of the ruling party that would instead work as an alternative government. Even after years of independence, India lacks in terms of effective opposition.
  • 38. ROLE & SIGNIFICANCE OF WOMEN IN INDIAN POLITICS
  • 39. 73rd & 74th constitutional amendments • 73rd Constitutional Amendment Act: • Panchayati Raj Institution was constitutionalized through the 73rd Constitutional Amendment Act, 1992. • This act has added a new Part-IX to the Constitution of India and consists of provisions from Articles 243 to 243 O. • In addition, the act has also added a new 11th Schedule to the Constitution and contains 29 functional items of the panchayats.
  • 40. • Urban local governments were constitutionalized through the 74th Amendment Act during the regime of P.V. Narsimha Rao's government in 1992. It came into force on 1st June 1993. • It added Part IX -A and consists of provisions from Articles 243-P to 243-ZG. • In addition, the act also added the 12th Schedule to the Constitution. It contains 18 functional items of Municipalities. •74th Constitutional Amendment Act:
  • 41. 73rd Constitution al Amendment Act of 1992 • Significance of the Act • The Act added Part IX to the Constitution, “The Panchayats” and also added the Eleventh Schedule which consists of the 29 functional items of the panchayats. • Part IX of the Constitution contains Article 243 to Article 243 O. • The Amendment Act provides shape to Article 40 of the Constitution, (directive principles of state policy), which directs the state to organise the village panchayats and provide them powers and authority so that they can function as self-government. • With the Act, Panchayati Raj systems come under the purview of the justiciable part of the Constitution and mandates states to adopt the system. Further, the election process in the Panchayati Raj institutions will be held independent of the state government’s will. • The Act has two parts: compulsory and voluntary. Compulsory provisions must be added to state laws, which includes the creation of the new Panchayati Raj systems. Voluntary provisions, on the other hand, is the discretion of the state government. • The Act is a very significant step in creating democratic institutions at the grassroots level in the country. The Act has transformed the representative democracy into participatory democracy. • . • https://byjus.com/free-ias-prep/panchayati-raj/
  • 42. 74th Constitution al Amendment • The 74th Amendment Act of 1992 provides a basic framework of decentralisation of powers and authorities to the Municipal bodies at different levels. However, responsibility for giving it a practical shape rests with the States. • The term ‘Urban Local Government’ in India signifies the governance of an urban area by the people through their elected representatives. The jurisdiction of an urban local government is limited to a specific urban area, which is demarcated for this purpose by the state government. • https://byjus.com/free-ias-prep/municipalities-74- amendment-act-1992/
  • 43. Local Self- government In Urban And Rural Areas •The Urban local bodies include Municipal Corporations,Municipal Councils and Nagar Panchayat. •The rural local bodies in corporate ZillaParishad, Panchayat Samiti and Gram Panchayat. •In urban areas a variety of local self-government institutions are found.