Preamble, constitution, fundamental rights and duties

1. Preamble,
Constitution,
Constitutional provisions,
Fundamental rights and
Fundamental duties.
By:- Prof. Paramjit Singh
Khalsa college of education, Ranjit
Avenue, Amritsar.
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2. Indian Independence Act, 1947

3. What is constitution ?
A constitutionmeansadocument having a speciallegal
sanctitywhich setsout theframe work and theprincipal
function of theorgansof thegovernmentof astateand
theprinciples governingtheoperationof thoseorgans

5. What Is Constitution Anyway?
The document containing laws and rules which determine and describe the
form of the government, the relationship between the citizens and the
government, is called a Constitution.
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6. What Is Constitution Anyway?
“The Constitution is not an instrument for the government to restrain the
people, it is an instrument for the people to restrain the government.” --Patrick
Henry
Patrick Henry (1736-1799)
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7. What Is Constitution Anyway?
GOVERNMENT
CONSTITUTION
THE PEOPLE
LEGISLATIVE Makes Laws
JUDICIARY Interprets Laws
EXECUTIVE Enforces Laws
Role of Constitution in relationship between Government and its people:-
Fig.- Role of Constitution in relationship between Government and its pe
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ople

8. PREAMBLE of Indian Constitution

9. PREAMBLE
A statementatthebeginningofa
speechorpieceof writing, giving it‟s reason
and purpose

10. The Preamble to Constitution of India.
The preamble-page, along with other pages of the First and original Book of Constitution of India,
was designed (Art) and decorated (Frames) solely by renowned painter Beohar shakha.
Hindi (Left) and English (Middle) versions of Preamble as available in the First book of Constitution of India (Right).
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11. Preamble
We,the people of India,havingsolemnlyresolvedto constitute
Indiaintoa
Sovereign, Socialist, Secular, Democratic Republicand
securetoallcitizen:
Justice social,economicandpolitical;
Liberty ofthought,expression,belief,faithandworships
Equality ofstatusandofopportunityandtopromoteamong
themall;
Fraternity assuringdignityoftheindividualandtheunity
and integrity ofthenation;
In our Constituent Assembly this twenty sixth day of
November, 1949 do Hereby Adopt, Enact and give to
Ourselves this Constitution.

12. This canbedivided in tofourparts
1. indicatethesourceofauthority/authority clause(Wethe
peopleofIndiaintheConstituentassembly)
2. indicatethetypeofgovernmentsoughtto beestablished
(Sovereign,Socialist,Secular,Democratic, Republic)
3. setsoutcertainobjectives/Objectiveclause
(Justice,Liberty,Equality,fraternity
relatestoadoptionandenforcementif the constitution(26
dayofNovember1949doherebyadopt)
( socialist, secular & integrity -Added in the constitution by
42 Amendment Act1976)

13. Secularism

14. Democracy
Systemof Government in which supremepowers are
vestedin thepeople.
Rulersareelectedby thepeople and are
responsibletothem.

15. What Is The constitution of India?
Both features are listed below:-Structure of Constitution of India:-
consists of 1 preamble, 25 parts containing 450 articles, 12 schedules, 2 appendices and 97
amendments to date. Although it is federal in nature it also has a strong unitary bias.
The Constitution, in its current form (March 2011),
Constitution of India
Preamble 1 Parts 25
Articles 448
Fundamental Rights
Directive Principles
Appendices 2Amendments 101 Schedules 12
Fundamental Duties

16. What Is The constitution of India?
Different elements of constitution are described as follows:-
1. Preamble (1) - The Preamble to the Constitution of India is a brief
introductory statement that sets out the guiding purpose and principles of
the document.
2. Parts (25) – The individual Articles of the Constitution are grouped together
into the following Parts:
3. Part I – Union and its Territory
4. Part II – Citizenship.
5. Part III – Fundamental Rights.
6. Part IV – Directive Principles of State Policy.
7. Part IVA – Fundamental Duties.
8. Part V – The Union.
9. Part VI – The States.
10. Part VII – States in the B part of the First schedule (Repealed).
11. Part VIII – The Union Territories
10. Part IX – The Panchayats.
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17. What Is The constitution of India?
11. Part IXA – The Municipalities. (Part IXB – The Cooperative Societies -not effective yet)
12. Part X – The scheduled and Tribal Areas
13. Part XI – Relations between the Union and the States.
14. Part XII – Finance, Property, Contracts and Suits
15. Part XIII – Trade and Commerce within the territory of India
16. Part XIV – Services Under the Union, the States.
17. Part XIVA – Tribunals.
18. Part XV – Elections
19. Part XVI – Special Provisions Relating to certain Classes.
20. Part XVII – Languages
21. Part XVIII – Emergency Provisions
22. Part XIX – Miscellaneous
23. Part XX – Amendment of the Constitution
24. Part XXI – Temporary, Transitional and Special Provisions
25. Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals
3. Article (1-450) - It is subcategory of different Parts in the constitution which
contains detail information of the subject or the Title which an Article
represents.
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18. Picture shows the pages from
the Constitution of India, at
the PARLIAMENT MUSEUM,
Parliament Library Building,
New Delhi.
PARLIAMENT
MUSEUM : A high-
tech story-telling
Museum depicting the
continuum of the
democratic heritage in
India has been
dedicated to the
Nation by
Dr. A P J Abdul
Kalam, President of
India.
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20. TEN FUNDANMANTAL DUTIES
1. To abide by the
constitution and to
respect ideals of
constitution and
institutions, the
National Flag and
the National
Anthem.

21. TEN FUNDANMANTAL DUTIES
2. To cherish and
follow the noble
ideals which
inspired our
national struggle
for freedom.

22. TEN FUNDANMANTAL DUTIES
3. To uphold and
protect the
sovereignty, unity
and integrity of
India.

23. TEN FUNDANMANTAL DUTIES
4. To defend the
country and render
national service
when called upon
to do so.

24. TEN FUNDANMANTAL DUTIES
5. To promote harmony
and the spirit of
common brotherhood
amongst all the people
of India linguistic and
regional or sectional
diversities; to renounce
practices derogatory to
the dignity of women

25. TEN FUNDANMANTAL DUTIES
6. To value and
preserve the rich
heritage of our
composite culture

26. TEN FUNDANMANTAL DUTIES
7. To protect and
improve the natural
environment
including forests,
lakes, rivers and
wild life, and to
have compassion
for living creatures

27. TEN FUNDANMANTAL DUTIES
8. To develop the
scientific temper,
humanism and the
spirit of inquiry and
reform.

28. TEN FUNDANMANTAL DUTIES
9. To safeguard public property and to abjure
violence

29. TEN FUNDANMANTAL DUTIES
10. To strive towards
excellence in all
spheres of individual
and collective activity
so that the nation
constantly rises to
higher levels of
Endeavour and
achievement.

31. WHAT IS THE MEANING
OF RIGHTS
Rights literally
mean those
freedoms which
are essential for
personal good as
well as the good of
the community.

32. Divided in to Six Categories
1.RighttoEquality – Article 14to18
2.RighttoFreedom-Article 19to22
3.Rightagainstexploitation – Art. 23&24
4.Righttofreedomof Religion – Art. 25to28
5.Cultural and educationalrights– Art. 29&30
6.Righttoconstitutionalremedies– Art. 32- 35

33. THE RIGHTS OF AN INDIAN
The six fundamental
rights are:-
1. Right to equality
2. Right to freedom
3. Right against
exploitation
4.Right to freedom of
religion
5. Cultural and
educational rights
6. Right to constitutional
remedies

34. RIGHT TO EQUALITY
Includes..
• Equality before
law.
• Prohibition of
discrimination on
grounds of religion,
race, caste, sex or
place of birth.
• Equality of
opportunity in
matters of
employment

35. RIGHT TO FREEDOM
• Right to freedom and
expression, which enable an
individual to participate in public
activities.
• Freedom to assemble peacefully
without arms
• Freedom to form associations or
unions
• Freedom to move freely
throughout the territory of India
• Freedom to reside and settle in
any part of the territory of India
• Freedom to practice any
profession or to carry on any
occupation, trade or business

36. Article 19(1)
All citizenshall havetheright-
a) Freedomof speech
b) FreedomofAssembly
c) FreedomofAssociation
d) Freedommovement
e) Freedomtoresideand to settle
f) (Freedomtoacquirehold and disposeof property –Has
beendeletedby 44th Amendment Act 1978)
g) Freedomfor Profession,occupation,Tradeor
Business
Art. 19 Right to Freedom

37. RIGHT
AGAINST EXPLIOTATION
• Abolition of
trafficking in human
beings and Begar
(forced labor).
• Abolition of
employment of
children below the
age of 14 years in
dangerous jobs like
factories and mines.

38. Right against child labour
Art.23&24Right againstexploitation
Art.23-Prohibition of trafficin humanbeings and
forcedlabour
Art.24-Prohibits employment of children below
theageof 14yearsin factoriesand minesetc.

39. THE RIGHT TO
FREEDOM OF RELIGION
• All religions are equal
before the
State and no religion shall
be given preference over
the other.
• Citizens are free to preach,
practice and propagate any
religion of their choice.
• The objective of this right is
to sustain the principle of
secularism in India.

40. Art. 25– 28Freedomof Religion
Art.28(1)Noreligious instructioncanbeprovided in any
educationalinstitution thator maintained wholly out of
thestatefunds
Art.28(2)nothingin (1)shall apply toan educational
institution which is administered by thestatebuthas
beenestablishedunderany endowment ortrustwhich
requiresthat religious instruction shall beimparted in
such asituation.
Religious education

41. CULTURAL AND EDUCATIONAL
RIGHTS
• Any community which has
a language and a script of
its own has the right to
conserve and develop
them.
• No citizen can be
discriminated against for
admission in State or State
aided institutions.

42. Article 15(1)- No discriminationon grounds of religion,
race,caste,sex,placeof birthorany of them.
Article 15(3)- No citizenshallon groundsonly of religion,
race,caste,sex,placeof birthorany of the,besubjecttoany
disability, liability restrictions orcondition with regardsto
accesstoshop,public restaurants,hotels,and placeof
public resort maintained wholly orpartly out of statefunds
or dedicatedtotheuseof thegeneralpublic.
16(1)- Equalityof opportunity in publicemployment
Women Education

43. Article 21A-Freeand compulsory educationto
children
Article provides that „the state shall provide free and
compulsory education to all children of the ageof six to 14
years,in suchmannerasthestatemay by lawdetermine‟.
(Added by 86thAmendmentAct 2002,Beforethis Amendment the
provision for freeand compulsory educationwascontained
inArticle 45which is in the chapterin DirectivePrinciplesof
theStatepolicy)
Education as Fundamental Right

44. Art. 29&30Cultural and Educational Right
Art.29and 30areintendedtoprotectthe minorities so
astoenablethemtoconserve theirown language,
scriptand cultureand preventdiscrimination against
minorities on groundsonly of religion,race,language
orany of themin educationalinstitutions.
Right to minorities to establish and
administer educational institutions

45. Fundamental duty of parents
In 86thAmendment, anewclause(k) inArticle 51A,
fundamentalduty, hasbeenimposed on parents
and guardiansof childrenbetween6to14yearsto
provide theopportunities for education.
Itmay benotedthatthemannerof providing free and
compulsory educationunder Art.21A shall be
determinedby law madeby thestate.

46. RIGHT TO CONSTITUTIONAL
REMEDIES
• Empowers the
citizens to move a
court of law in case
of any denial of
fundamental rights

47. RighttoremedyArt.32
If afundamentalrightof any personis
violated, hecanapproachtheSupremeCourt for
remedyand thelatteris duty bound to provide
remedy.
A rightwithout aremedy is ameaningless formality. Itis
theremedywhich makesright real.
Right to remedy

48. Education in Concurrent list

49. Art. 337
Specialprovision with respecttoeducational grants
for thebenefitof Anglo-Indian Community.
Art.338
Special Officer for scheduled caste, scheduled tribe
officer to investigate all matters relating to the SC,ST
and reporttothe President.
Special provisions

50. Mother tongue
Art.350A
Facilitiesfor instructionin mothertongueatthe primary
stageof educationtochildren belongingtolinguistic
minority groups;and presidentmay issuesuch
direction toany state asheconsidersnecessaryor
properfor securingtheprovision of suchfacilities