Friday, May 24, 2013

Fundamental Rights , Duties & DPSP


The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and :
(a) who was born in India; or
(b) either of whose parents was born in India; or
(c) who has been ordinarily resident in India for not less than five years became a citizen of India.
The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
Fundamental Rights
1.     Right to Equality The right to equality includes 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 and abolition of untouchability.
 
2.     Right to Freedom The right to freedom includes freedom of speech and expression; right to assemble peacefully and without arms, formation, association or union; free movement throughout the territory of India; residence and the right to practise any profession or occupation; control and disposal of property.
 
3.     Right Against Exploitation – The right against exploitation prohibits all forms of forced labour, child labour and traffic in human beings.
 
4.     Right to Freedom of Religion – The right to freedom of religion contains religious freedom to all. All persons are entitled to freedom of conscience and the right to profess, practise and propagate religion freely.
 
5.     Cultural and Educational Rights – It includes right of any section of the citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice.
 
6.     Right to Constitutional Remedies – This right guarantees the right to constitutional remedies to the citizens for enforcement of their Fundamental Rights.
 
7.     Right to Compulsory and free Education – The right to compulsory and free education for all the children of 6 to 14 years age. It is the fundamental duty of parents and guardians to provide opportunities for education to their children in the 6 to 14 age group.
Note : The right to property was also one of the fundamental rights, according to the original constitution. This right was omitted by the 44th Amendment Act in December, 1978. It is now only a legal right.



Fundamental Duties
Duties of a citizen of India were not included in the original constitution. These have been added by the 42nd Amendment in 1976. There are ten Fundamental Duties :
  • To abide by the Constitution and respect its ideals and Institutions, the National Flag and the National Anthem;
  • 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 wildlife, 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; and
  • To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher level of endeavour and achievement.
·        To provide opportunities for education to their children in the 6 to 14 age group.
Directive Principles of State Policy
  • To secure the right of all men and women to an adequate means of livelihood;
  • To ensure equal pay for equal work;
  • To make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement;
  • To secure to workers a living wage, humane conditions of work, a decent standard of life,
    etc;
  • To ensure that the operation of the economic system does not result in the concentration of wealth;
  • To provide opportunities and facilities for children to develop in a healthy manner;
  • To provide free and compulsory education for all children up to 14 years of age;
  • To promote educational and economic interests of scheduled castes, scheduled tribes and other weaker sections;
  • To organize village panchayats;
  • To separate judiciary from the executive;
  • To promulgate a uniform civil code for the whole country;
  • To protect national monuments;
  • To promote justice on a basis of equal opportunity;
  • To provide free legal aid;
  • To protect and improve environment and forests and wildlife;
  • To promote international peace and security;
  • To promulgate a uniform civil code for the whole country;
  • To settle international disputes by arbitration.

The Constitution of India


The task of framing the Constitution of India was given to the Constituent Assembly, formed under the Cabinet Mission Plan of 1946. The inaugural meeting of the Constituent Assembly was held on December 9, 1946. Dr Sachidananda Sinha was dected provisional Chairman of the Constituent Assembly. On December 11, 1946, Dr. Rajendra Prasad was elected as the permanent chairman of the Constituent Assembly.

The Constitution of India was enacted, signed and adopted by the Constituent Assembly on November 26, 1949.

On January 26, 1950, the Constitution of India came into force on which date India also became a Republic. Our constitution makes detailed provisions for the following:
·         Citizenship,
·         Fundamental Rights,
·         Directive Principles of State Policy,
·         Structure of the Government,
·         Parliament and State Legislatures,
·         Supreme Court and High Courts,
·         Relationship between the Union and the States,
·         Services,
·         Official Language and various other matters of basic importance

Salient Features of Constitution
1.     It is the longest written constitution in the world.
2.     Consisting of 22 Chapters, over 395 Articles and 12 Schedules.
3.      It proclaims India a Sovereign Democratic Republic.
4.     Fundamental Rights are guaranteed to all citizens of India.
5.     Directive Principles of State Policy are incorporated.
6.     It established the parliamentary system of government, i.e., the President of the Union is the constitutional head, the Council of Ministers or the Union Cabinet is the real executive and is responsible to the Lok Sabha.
7.     It is federal in form (in normal times) but unitary in spirit (in emergencies).
8.     It is neither too rigid (as some provisions can be amended by a simple majority) nor flexible (as some provisions require special majority for amendment).
9.     It declares India a secular state.
10.    It guarantees single citizenship to all citizens.
11.    It introduced adult franchise, i.e., every adult above 18 years has the right to vote and the system of joint electorates.
12.    It established an independent judiciary; the Supreme Court acts as a guardian of the Constitution in place of the Privy Council.
 The Preamble
The draft of the Preamble was prepared by Jawaharlal Nehru and is based on the American model. The 42nd Amendment added the words ``Secular and Socialist'' and now the preamble reads as follows.

``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 :
Justice; social, economic and political;
Liberty; of thought, expression, belief, faith and worship;
Equality; of status and of opportunity; and to promote among them all;
Fraternity; assuring the dignity of the individual and the unity and integrity of the nation;
 
In our Constituent Assembly, November 26, 1949, do hereby adopt, enact and give to ourselves this constitution.

Articles of the Constitution
Part
Article
Deals with
Part I
Articles 1-4
Territory of India,, admission,, establishment or formation of new states
Part II
Articles 5-11
Citizenship
Part III
Articles 12-35
Fundamental Rights
Part IV
Articles 36-51
Directive Principles of State Policy
Part IV A
Article 51-A
Duties of a citizen of India. It was added by the 42nd Amendment in 1976
Part V
Articles 52-151
Government at the Union level
Part VI
Articles 152-237
Government at the State level
Part VII
Article 238
Deals with states in Part B of the First Schedule. It was repealed by 7th Amendment in 1956
Part VIII
Articles 239-241
Administration of Union Territories
Part IX
Article 242-243
Territories in Part D of the First Schedule
and other territories. It was repealed by 7th Amendment in 1956
Part X
Articles 244-244 A
Scheduled and tribal areas
Part XI
Articles 245-263
Relations between the Union and States
Part XII
Articles 264-300
Finance,, property,, contracts and suits
Part XIII
Articles 301-307
Trade,, commerce and travel within the
territory of India
Part XIV
Articles 308-323
Services under the Union and States
Part XIV-A
Articles 323A-323B
Added by the 42nd Amendment in 1976
and deals with administrative tribunals to hear disputes and other complaints
Part XV
Articles 324-329
Election and Election Commission
Part XVI
Articles 330-342
Special provision to certain classes ST/SC
and Anglo Indians
Part XVII
Articles 343-351
Official languages
Part XVIII
Articles 352-360
Emergency provisions
Part XIX
Articles 361-367
Miscellaneous provision regarding exemption of the President and governors from criminal proceedings
Part XX
Article 368
Amendment of Constitution
Part XXI
Articles 369-392
Temporary,, transitional and special provisions
Part XXII
Articles 393-395
Short title, commencement and repeal
of the Constitution
Schedules
FIRST SCHEDULE : I. The State, II. The Union Territories.

SECOND SCHEDULE :
PART A.  Provisions to the President and the Governors of States
PART B.  (Repeated)
PART C.  Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State.
PART D.  Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E.  Provisions as to the Comptroller and Auditor-General of India.
THIRD SCHEDULE :  Forms of Oaths or Affirmations.

FOURTH SCHEDULE :  Allocation of Seats in the Council of States.

FIFTH SCHEDULE : Provisions as to the administration and Control of Scheduled Areas and Scheduled Tribes.
PART A.   General
PART B.   Administration and Control of Scheduled Areas and Scheduled Tribes
PART C.  Scheduled Areas
PART D.   Amendment of the Schedule
SIXTH SCHEDULE :  Provisions as to the administration of Tribal Areas in   the States of Assam,  Meghalaya, Tripura and Mizoram.

SEVENTH SCHEDULE :
LIST I.   Union List
LIST II.   State List
LIST III.   Concurrent List
EIGHTH SCHEDULE :  Languages

NINTH SCHEDULE :  Article 31B

TENTH SCHEDULE :  Provisions as to disqualification on the ground of defection

ELEVENTH SCHEDULE :  Article 243G

TWELFTH SCHEDULE :  Article 243W

Er. Rajani Kant Indra