Module 5
Module 5
Module 5
INDIAN CONSTITUTION
1. Salient features
2. Preamble
3. Fundamental rights and duties
4. Directive principles of state policies
5. Election and voting behavior in India
8. Universal Adult Suffrage: All citizens above the age of 18 have the right to
vote in elections.
9. Single Citizenship: There is only one citizenship for the entire country,
avoiding dual citizenship.
10. Rigidity and flexibility: The constitution has a mix of provisions that can
be amended through various processes, some requiring a special majority and
others a simple majority.
14. Preamble: The preamble of the Indian constitution outlines the ideals and
objectives of the nation, such as justice, liberty, equality, and fraternity.
These features collectively shape India's governance, legal system, and the
rights and responsibilities of its citizens.
1. **We, the people of India**: This phrase indicates that the Constitution
derives its authority from the people of India. It emphasizes the democratic
nature of the Constitution, as it is drafted and adopted by representatives
elected by the citizens.
3. **Socialist**: The term "socialist" was added to the Preamble through the
42nd Constitutional Amendment in 1976. It reflects the commitment of the
Indian state to promote social and economic equality and to work towards
reducing economic disparities among its citizens. However, it is essential to
understand that the Indian version of socialism is democratic socialism,
which aims to strike a balance between the welfare of the people and the
growth of the economy.
4. **Secular**: The principle of "secular" in the Preamble ensures that the
Indian state maintains an equal distance from all religions. It guarantees
religious freedom to all citizens and prohibits any discrimination based on
religion. The state does not have an official religion and treats all religions
with equal respect.
FUNDAMENTAL RIGHTS
1. Article 12: Defines what constitutes "the State" and includes the
government and Parliament of India, as well as local authorities and other
government institutions.
2. Article 13: Prohibits the State from making any laws that violate or take
away the fundamental rights conferred by the Constitution. It also declares
that laws inconsistent with fundamental rights are void.
3. Article 14: Ensures equality before the law and equal protection of the law.
7. Article 18: Abolishes titles of nobility and prohibits the State from
conferring titles. Citizens are not allowed to accept titles from foreign states.
8. Article 19: Provides six fundamental freedoms - (a) Freedom of speech and
expression, (b) Freedom to assemble peacefully and without arms, (c)
Freedom to form associations or unions, (d) Freedom to move freely
throughout the territory of India, (e) Freedom to reside and settle in any part
of India, and (f) Freedom to practice any profession, occupation, trade, or
business.
9. Article 20: Protects individuals from being punished for the same offense
more than once (Double Jeopardy) and prevents self-incrimination.
10. Article 21: Guarantees the right to life and personal liberty, and states that
no person shall be deprived of his/her life or personal liberty except
according to the procedure established by law.
11. Article 22: Provides safeguards for arrested and detained persons, such as
the right to be informed of the grounds of arrest, the right to be defended by a
legal practitioner, and the right to be produced before a magistrate within 24
hours.
12. Article 23: Prohibits human trafficking and forced labor, ensuring that no
person can be subjected to these practices.
13. Article 24: Prohibits the employment of children under the age of 14
years in factories, mines, or any hazardous work.
14. Article 25: Ensures freedom of conscience and the right to freely practice,
profess, and propagate any religion.
15. Article 26: Guarantees the right to manage religious affairs and establish
religious and charitable institutions.
16. Article 27: Prohibits the State from levying taxes for religious purposes.
18. Article 29: Protects the cultural and educational rights of minorities,
ensuring that they can preserve their distinct language, script, or culture.
20. Article 31: Previously dealt with the right to property, but it has been
omitted by the 44th Amendment Act, 1978.
21. Article 32: Enshrines the right to constitutional remedies, empowering the
Supreme Court to issue writs for enforcement of fundamental rights.
These writs play a crucial role in safeguarding citizens' rights and ensuring
that the government and public officials act within the bounds of the law and
the Constitution. They provide an essential mechanism for citizens to seek
justice and protection against any violation of their fundamental rights.
JUDICIAL REVIEW
Merits:
1. Upholding the Constitution: Judicial review ensures that government
actions comply with the provisions of the constitution, preventing any
infringement on individual rights and maintaining the rule of law.
3. Protecting Rights of the vulnerable: Judicial review can protect the rights
of the vulnerable from being overridden by the majority, as courts can
safeguard the rights of individuals against discriminatory policies or
legislation.
Demerits:
Overall, fundamental rights are essential for creating a just, free, and
democratic society where individuals can live with dignity, express
themselves freely, and participate actively in the nation's development. They
are the bedrock of a healthy social and political system.
FUNDAMENTAL DUTIES
The list of Fundamental Duties as specified in Article 51A of the Indian
Constitution:
These principles are intended to guide the State in making laws and policies
to create a just and equitable society for the welfare of the people.
ELECTIONS IN INDIA
The election process in India involves several stages, from the announcement
of elections to the declaration of results. Here's a general overview:
6. **Counting of Votes:** After voting concludes, the EVMs are sealed and
transported to counting centers. The votes are then counted, and results are
compiled.
7. **Declaration of Results:** Once the counting is completed, the Election
Commission announces the results. The candidate or party with the most
votes in a constituency wins that seat.
10. **Oath Taking:** Elected representatives take the oath of office and
secrecy, formalizing their roles as Members of Parliament or legislative
assembly members.
Throughout this process, the Election Commission ensures that the elections
are conducted fairly, transparently, and without any bias. The Indian election
process is designed to uphold the principles of democracy and provide a
voice to every eligible citizen.
Certainly, here are some key features of the election process in India:
1. **Universal Adult Suffrage:** Every citizen aged 18 and above has the
right to vote, irrespective of caste, religion, gender, or economic status.
9. **First past the post:** The first-past-the-post system is used, where the
candidate with the most votes wins. However, it can sometimes lead to a
disparity between the share of votes a party receives and the seats it wins.
10. **Postal Ballots:** Special provisions are made for armed forces
personnel, government employees, and others to cast their votes through
postal ballots.
1. **Caste and Religion:** Voters often align with candidates from their own
caste or religion. Voting behavior in Kerala is a struggle between Nairs,
ezhavas, Syrian Christians and Muslims.
1. Indian Constitution
2. Single citizenship
3. Universal Adult franchise
4. Preamble
5. Fundamental Rights
6. Fundamental Duties
7. Rajya Sabha
8. Lok Sabha
9. Judicial Review
10. Judicial activism
11. Supremacy of the Constitution
12. Rule of Law
13. Secularism
14. Equality
15. Freedom
16. Sovereign Rule
17. Democracy
18. Republic
19. Justice
20. Liberty
21. Fraternity
22. Unity in Diversity
23. Right to Equality
24. Right to Freedom
25. Right to Education
26. Right to Privacy
27. Child Labour
28. Article 32
29. Fundamental Duties
30. Part IV A
31. Article 44
32. Kesavananda Bharathi
33. Habeas Corpus
34. MP
35. MLA
36. MLC
37. National Party
38. Regional Parties
39. Election Commission
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