Constitution Of India

Constitution of India

History • Last constitution of British Raj:- 1935 • Cabinet mission of India:- 1946  389 members  Constitution committees and sub committees formed  First meeting 9Th Dec 1946

Meaning of constitution • The term constitution is a Latin word that denotes an important law. A constitution is a codified written document which is the system for government. This text establishes the rules and principles of an autonomous political entity. The Constitution of India is considered to be the supreme law of land. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and states out the fundamental rights, directive principles and duties of citizens

Our constitution •

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Country

2. 3. 4. 5. 6. 7. 8. 9.

Parliamentary system Fundamental rights Republic Directive principles of states Division of power Emergency provision Fundamental duties Constitutions amendment

2. 3. 4. 5. 6. 7. 8. 9.

England U.S.A France Ireland Canada Germany U.S.S.R(Russia) South Africa

Committees and sub committees • • • •

Draft committee Steering Committee Flag Committee Fundamental rights & Minorities committee • Constitution advisor

- B.R. Ambedkar - Rajendra Prasad - J.B. Kripalani - Vallabhbhai Patel - V.N. Rao

Objective of constitution Preamble to the Constitution of India The wording of the Preamble highlights some of the fundamental values and guiding principles on which the Constitution of India is based. •

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Sovereign The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. Socialist It implies social equality, and does not connote any economic or political ideology. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Under social equality all are equal before law and has equal status and opportunities. Secular It means the state will make laws without regards to any religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favor or discriminate against any religion. It must treat all religions equally. All citizens, irrespective of their religious beliefs are equal in the eyes of law.

• Democratic India is a democracy. The people of India elect their governments at all levels (Union, State and local) . Every citizen of India, who is 18 years of age and above is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education. • Republic A democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The Post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

Structure of Indian constitution Constitution of India describe in parts, schedules and articles. • Total parts :- 24 • Total schedules :- 12 • Articles :- 395

Fundamental Rights in India •

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Rights which are considered essential or fundamental for the well-being of a person are called Fundamental Rights.The Fundamental Rights in India enshrined in the Part III of the Constitution of India . The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex. They are enforceable by the courts, subject to certain restrictions . These Fundamental Rights help not only in protection but also the prevention of gross violations of human rights. They emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some Fundamental Rights apply for persons of any nationality whereas others are available only to the citizens of India

The six fundamental rights are: 1. 2. 3. 4. 5. 6.

Right to equality Right to freedom Right against exploitation Right to freedom of religion Cultural and educational rights Right to constitutional remedies

Note: Initially it was 7 fundamental rights . the right to property is no longer a fundamental right, though it is still a constitutional right.