DEPT & SEM : ECE & V SEM A

SUBJECT CONSTITUTION OF INDIA

NAME :

COURSE CODE
: I

UNIT : Dr. T KALIRAJA

Dr C CHANDRASEKHAR
PREPARED BY
:

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 Overview

• Introduction to Constitution
• Meaning of the term
• Sources of Indian Constitution
• History of Indian Constitution
• Features
• Citizenship
• Preamble
• Fundamental Rights
• Fundamental Duties
• Directive principles of state policy

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 Introduction to Constitution

• The Constitution of India is the supreme law of the Republic of India, and it's a written
document that outlines the country's political system, government structure, and the rights
and responsibilities of citizens. The constitution was adopted by the Constituent Assembly
of India on November 26, 1949, and came into effect on January 26, 1950. It replaced the
Government of India Act 1935 and is considered an inspirational document that embodies
the values and beliefs of the Indian people.
• The constitution
• Defines the government's powers and responsibilities
• Safeguards fundamental rights
• Outlines the principles of governance
• Declares India a sovereign, socialist, secular, and democratic republic
• Assures citizens justice, equality, and liberty
• Promotes fraternity
The constitution is more than just a collection of articles and clauses, and that it represents
the collective wisdom of the country's founding fathers.
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1.What Is Constitution?
II) Technical Definitions-

A constitution is a set of fundamental principles or established precedents according to

which a state or other organization is governed. These rules together make up, i.e.
constitute, what the entity is. When these principles are written down into a single
collection or set of legal documents, those documents may be said to comprise a written
constitution.

or

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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1.What Is Constitution?
III) An observation-

“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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2.Why Do We Need Constitution?
In General-
I. We need a constitution to govern a country properly.

II. The constitution defines the nature of political system of a country.

III. sometimes we feel strongly about an issue that might go against our larger interests
and the constitution helps us guard against this.

IV. All the 3 organs of government (executive, legislature and judiciary) functions within
the constitution. All the 3 organs of government, including ordinary citizens, derive
their power and authority (i.e. Fundamental Right) from the constitution. If they act
against it, it is unconstitutional and unlawful.

So constitution is required to have authoritative allocation of power and function, and

also to restrict them within its limit.

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2.Why Do We Need Constitution?
To perform following Functions we need Constitution-

I. a constitution is to provide a set of basic rules that allow for minimal coordination
amongst members of a society.

II. a constitution is to specify who has the power to make decisions in a society. It decides
how the government will be constituted.

III. a constitution is to set some limits on what a government can impose on its citizens.
These limits are fundamental in the sense that government may ever trespass them.

IV. a constitution is to enable the government to fulfill the separations of a society and
create conditions for a just society.

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1.What Is Constitution?
I) In General-
The Constitution is the supreme law of the land. All other laws have to conform to the
Constitution. The constitution contains laws concerning the government and its relations
with the people.

A constitution is concerned with 2 main aspects:-

a) The relation between the different levels of government and
b) Between the government and the citizens.

Constitution
...
Government
… The People

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1.What Is Constitution?
Role of Constitution in relationship between Government and its people:-

CONSTITUTION

GOVERNMENT THE PEOPLE

LEGISLATIVE Makes Laws

JUDICIARY Interprets Laws

EXECUTIVE Enforces Laws

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 Meaning of the term

• The constitution is the supreme law of India. This is a written document which lays
down the framework demarcating fundamental basic code, structure, procedures,
powers, and duties of Government and its organizations and rights & duties of the
citizen.

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 Sources of Indian Constitution

• The Indian Constitution of 1950 was drafted by the Constituent Assembly between 1946
and 1950. The framers of the constitution drew inspiration from a variety of sources,
including
• British legislation
• The Government of India Acts of 1858, 1919, and 1935, the Indian Councils Acts of 1861,
1892, and 1909, and the Indian Independence Act of 1947. The 1935 act was especially
important because it led to the creation of Pakistan and divided the Constituent Assembly
into two.
• Other constitutions
• The constitutions of the United States, Germany, USSR, Iran, Canada, Australia, France,
South Africa, and Japan. For example, the Indian Constitution adopted the parliamentary
system of government from Britain, and the procedures for the Indian Parliament, such as
debates and passing bills, are modeled after British parliamentary practices. The
Constitution also borrowed provisions from South Africa for the election of Rajya Sabha
and amendments, and from Germany for the suspension of fundamental rights during
emergencies.
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 Sources of Indian Constitution

• Other sources
• The Preamble of the Constitution, writs, and aspirational political texts. The Preamble
includes ideals of liberty, equality, fraternity, and the republic. The constitution also
provides for five writs in Articles 32 and 226: habeas corpus, mandamus, certiorari,
prohibition, and quo-warranto.

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4.The Framing of Constitution of India.
Borrowed features of constitution of India
1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral
Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok
Sabha.

2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court,
Head of the state known as president, Provision of states, Judicial review

3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble

4.From USSR- Fundamental Duties, Five year plan

5.From Germany- Emergency provisions

6.From Japan- Law on which the Supreme Court functions

7.From Canada- Federal System and Residuary powers

8.From South Africa- Procedure of constitutional amendment

9.From Ireland- Concept of Directive Principles of state policy.

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3.The History of Constitution of India.
In the light of these ‘Objectives’ the Assembly completed its task by November 26, 1949. The
constitution was enforced with effect from January 26, 1950. From that day India became
Republic of India.

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4.The Framing of Constitution of India.
The Constituent Assembly of India was elected to write the Constitution of India. Following
India's independence from Great Britain, its members served as the nation's first Parliament.
This body was formed in 1946 for the purpose of making independent India's constitution. The
assembly passed a resolution in 1947 January defining the objectives of the constitution:-
1) To set up a Union of India comprising British India and the princely states.
2) To set up a federal form of government with separate state and central governments.
3) To set up a democracy in which all power is derived from the people:
I) where all people are guaranteed justice, equality and freedom;
II) where minorities, depressed classes and the tribal's rights are protected;
4) To protect the integrity of India and her sovereign rights over land, sea and air.
5) To help India attain its rightful place in the world - and work for peace and welfare of all mankind.

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4.The Framing of Constitution of India.
Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly when
it met on December 9, 1946. Later, Dr. Rajendra Prasad became the President of the Constituent
Assembly and Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on
December 11,1946 .

First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President of the
Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946 .
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4.The Framing of Constitution of India.
The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of
the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these
were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer-
Marwar, Coorg and British Baluchistan.

First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel;
K. M. Munshi is seated behind Patel.
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4.The Framing of Constitution of India.
Borrowed features of constitution of India
1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral
Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok
Sabha.

2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court,
Head of the state known as president, Provision of states, Judicial review

3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble

4.From USSR- Fundamental Duties, Five year plan

5.From Germany- Emergency provisions

6.From Japan- Law on which the Supreme Court functions

7.From Canada- Federal System and Residuary powers

8.From South Africa- Procedure of constitutional amendment

9.From Ireland- Concept of Directive Principles of state policy.

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4.The Framing of Constitution of India.
For the time being till the constitution was made, India would be governed in accordance with
the Government of India act 1935.

The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years,
11 months and 18 days before adopting the Constitution.
It was finally passed and accepted on Nov 26, 1949. In all the 284 members of the Assembly
signed the official copies (Original) of the Indian Constitution.

After many deliberations and some modifications over 111 plenary sessions in 114 days, the 308
members of the Assembly signed two copies (Final) of the document (one each in Hindi and
English) on 24 January 1950

Same day the Assembly unanimously elected Dr, Rajendra Prasad as the President of India.
which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India.

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 Features

6.What Is The constitution of India?

(i) Constitution of India In General:-

Constitution of India is considered to be the supreme law of the country, as it puts forth the
framework of fundamental political principles. It establishes the structure, procedures, powers
and duties of the government and mentions the fundamental rights, directive principles and
duties of citizens.

The Constitution declares India as a Sovereign, Socialist Democratic, and Republic with a
parliamentary form of government.
The Indian Constitution shows Federal as well as Unitary System.

1. Federal System- powers are divided and/or shared between state and central governments

2. Union System- power concentration in central government with weak state Government

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6.What Is The constitution of India?
Both features are listed below:-
Federal Features-
1. Supremacy of the Constitution,
2. Division of power between the Union (central Governments) and State, and
3. The existence of an independent judiciary in the Indian Constitution.

Unitary Features-
1. Single Citizenship
2. Single Constitution
3. Power of union to override on the state matters
4. During emergency the system became virtually unitary
5. Changes in the names and boundaries of the states by the Parliament
6. Integrated Judiciary System
7. Centre appoints the Governors
8. Dependence of states on the centre for economic assistance and grants.

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6.What Is The constitution of India?
Both features are listed below:-
Federal Features-
1. Supremacy of the Constitution,
2. Division of power between the Union (central Governments) and State, and
3. The existence of an independent judiciary in the Indian Constitution.

Unitary Features-
1. Single Citizenship
2. Single Constitution
3. Power of union to override on the state matters
4. During emergency the system became virtually unitary
5. Changes in the names and boundaries of the states by the Parliament
6. Integrated Judiciary System
7. Centre appoints the Governors
8. Dependence of states on the centre for economic assistance and grants.

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6.What Is The constitution of India?
Both
(ii) Structure
featuresofare
Constitution
listed below:-
of India:- The Constitution, in its current form (March 2011),
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 govt.
Constitution of India
Fundamental Rights

Directive Principles

Fundamental Duties
Preamble 1 Parts 25

Articles 450

Amendments 97 Schedules 12 Appendices 2

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6.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:
1. Part I – Union and its Territory
2. Part II – Citizenship.
3. Part III – Fundamental Rights.
4. Part IV – Directive Principles of State Policy.
5. Part IVA – Fundamental Duties.
6. Part V – The Union.
7. Part VI – The States.
8. Part VII – States in the B part of the First schedule (Repealed).
9. Part VIII – The Union Territories
10. Part IX – The Panchayats.

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6.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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6.What Is The constitution of India?
4. Amendments (97) - Amendment of the Constitution of India is the process of making changes
to the nation's fundamental law. Changes to the Indian constitution are made by the federal
parliament. The procedure is laid out in Part XX, Article 368, of the Constitution.

5. Schedules (12) - Schedules are lists in the Constitution that categorize and tabulate
bureaucratic activity and policy of the Government.

6. Appendices (2) - They are extension to the constitution.

7. Fundamentals Rights (Part III- Article12-35) - The word fundamental suggests that these
rights are so important that the Constitution has separately listed them and made special
provisions for their protection. The Fundamental Rights are so important that the Constitution
itself ensures that they are not violated by the government.

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6.What Is The constitution of India?
Fundamental Rights are different from other rights available to us. While ordinary legal rights are
protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed
by the constitution of the country.
The Constitution of India recognizes certain basic fundamental rights for every citizen of India,
such as:-

(a) Right to Equality

(b) Right to Freedom

(c) Right to Freedom of Religion

(d) Right against Exploitation

(e) Cultural & Educational Rights

(f) Right to Constitutional Remedies

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 CITIZENSHIP
5. At the commencement of this Constitution, every person who has his domicile in the
territory of India and— (a) who was born in the territory of India; or (b) either of whose
parents was born in the territory of India; or (c) who has been ordinarily resident in the
territory of India for not less than five years immediately preceding such commencement,
shall be a citizen of India.

6. Notwithstanding anything in article 5, a person who has migrated to the territory of India
from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if—
(a) he or either of his parents or any of his grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the nineteenth day of July,
1948, he has been ordinarily resident in the territory of India since the date of his
migration, or (ii) in the case where such person has so migrated on or after the nineteenth
day of July, 1948, he has been registered as a citizen of India by an officer appointed in that
behalf by the Government of the Dominion of India on an application made by him
therefor to such officer before the commencement of this Constitution in the form and
manner prescribed by that Government: Provided that no person shall be so registered
unless he has been resident in the territory of India for at least six months immediately
preceding the date of his application
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 CITIZENSHIP

• 7. Notwithstanding anything in articles 5 and 6, a person who has after the first day of
March, 1947, migrated from the territory of India to the territory now included in
Pakistan shall not be deemed to be a citizen of India:
• Provided that nothing in this article shall apply to a person who, after having so migrated
to the territory now included in Pakistan, has returned to the territory of India under a
permit for resettlement or permanent return issued by or under the authority of any law
and every such person shall for the purposes of clause (b) of article 6 be deemed to have
migrated to the territory of India after the nineteenth day of July, 1948.
• 8. Notwithstanding anything in article 5, any person who or either of whose parents or
any of whose grandparents was born in India as defined in the Government of India Act,
1935 (as originally enacted), and who is ordinarily residing in any country outside India
as so defined shall be deemed to be a citizen of India if he has been registered as a
citizen of India by the diplomatic or consular representative of India in the country
where he is for the time being residing on an application made by him therefor to such
diplomatic or consular representative, whether before or after the commencement of
this Constitution, in the form and manner prescribed by the Government of the
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 CITIZENSHIP

• 9. No person shall be a citizen of India by virtue of article 5, or be deemed to be a

citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the
citizenship of any foreign State.
• 10. Every person who is or is deemed to be a citizen of India under any of the foregoing
provisions of this Part shall, subject to the provisions of any law that may be made by
Parliament, continue to be such citizen.
• 11. Nothing in the foregoing provisions of this Part shall derogate from the power of
Parliament to make any provision with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship.

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5.The Preamble to Constitution of India.
The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding
purpose and principles of the document.

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 this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

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5.The Preamble to Constitution of India.
The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in
the hands of the People of India. So far the Preamble has been amended only once in 1976
by 42nd amendment (change) which inserted the words Socialism, Secularism and Integrity. A
brief description of these concepts are as follows (in the order they come in Preamble)-

1. Sovereign- It means free to follow internal and external Policies.

2. Secular- It means no particular Religion is preferred.

3. Socialist- It means no concentration of Power and Money.

4. Democratic- It means rule by elected representative of the People of India.

5. Republic- It means no room for hereditary ruler or monarch.

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 THE CONSTITUTION OF INDIA

PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
1 [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 2 [unity and integrity of the
Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

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 PART I THE UNION AND ITS TERRITORY

1. Name and territory of the Union.

(1) India, that is Bharat, shall be a Union of States.
1 [(2) The States and the territories thereof shall be as specified in the First Schedule.]
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) 2 [(b) the Union territories specified in the First Schedule; and]
(c) such other territories as may be acquired.
2. Admission or establishment of new States.—Parliament may by law admit into the Union,
or establish, new States on such terms and conditions as it thinks fit
3 [2A. [Sikkim to be associated with the Union.] —Omitted by the Constitution (Thirty-sixth
Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).]

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 THE UNION AND ITS TERRITORY

3. Formation of new States and alteration of areas, boundaries or names of existing

States.
Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or
more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:

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 FUNDAMENTAL RIGHTS

General
12. In this Part, unless the context otherwise requires, “the State’’ includes the
Government and Parliament of India and the Government and the Legislature of each
of the States and all local or other authorities within the territory of India or under the
control of the Government of India.
13. (1) All laws in force in the territory of India immediately before the commencement
of this Constitution, in so far as they are inconsistent with the provisions of this Part,
shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred
by this Part and any law made in contravention of this clause shall, to the extent of the
contravention, be void.

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 FUNDAMENTAL RIGHTS

• (3) In this article, unless the context otherwise requires,—

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification,
custom or usage having in the territory of India the force of law;
(b) (b) “laws in force” includes laws passed or made by a Legislature or other
competent authority in the territory of India before the commencement of this
Constitution and not previously repealed, notwithstanding that any such law or
any part thereof may not be then in operation either at all or in particular
areas.

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 Right to Equality

14. The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
15. (1) The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
th
(a) access to shops, public restaurants, hotels and places of public entertainment; or
em, be subject to any disability, liability, restriction or condition with regard to—
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.

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 Right to Equality

• 16. (1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
• (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
• (3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office.
• (4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which, in
the opinion of the State, is not adequately represented in the services under the State.
• (5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination.

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 Right to Equality

• 17. “Untouchability” is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of “Untouchability” shall be an offence
punishable in accordance with law.
• 18. (1) No title, not being a military or academic distinction, shall be conferred by the
State.
• (2) No citizen of India shall accept any title from any foreign State.
• (3) No person who is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President any title from any
foreign State.
• (4) No person holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of any kind from
or under any foreign State

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 Right to Freedom
• 19. (1) All citizens shall have the right—
• (a) to freedom of speech and expression;
• (b) to assemble peaceably and without arms;
• (c) to form associations or unions;
• (d) to move freely throughout the territory of India;
• (e) to reside and settle in any part of the territory of India; 1 [and]
• (g) to practise any profession, or to carry on any occupation, trade or business.
• [(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law,
or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub-clause in the interests
of 4 [the sovereignty and integrity of India,] the security of the State, friendly relations
with foreign States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence.]

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 Right to Freedom

• (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the interests of 4 [the sovereignty and integrity of India or] public order,
reasonable restrictions on the exercise of the right conferred by the said sub-clause.
• (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the I integrity of India or] public order or morality, reasonable
restrictions on the exercise of the right conferred by the said sub-clause.nterests of 4
[the sovereignty and integrity of India or] public order or morality, reasonable
restrictions on the exercise of the right conferred by the said sub-clause.
• (5) Nothing in 1 [sub-clauses (d) and (e)] of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making any law
imposing, reasonable restrictions on the exercise of any of the rights conferred by
the said sub-clauses either in the interests of the general public or for the protection
of the interests of any Scheduled Tribe.

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 Right to Freedom

• (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the general public, reasonable restrictions on the exercise of the right
conferred by the said sub-clause, and, in particular, 2 [nothing in the said sub-clause
shall affect the operation of any existing law in so far as it relates to, or prevent the
State from making any law relating to,—
• (i) the professional or technical qualifications necessary for practising any profession or
carrying on any occupation, trade or business, or
• (ii) the carrying on by the State, or by a corporation owned or controlled by the State,
of any trade, business, industry or service, whether to the exclusion, complete or
partial, of citizens or otherwise].

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 Right to Freedom

• 20. (1) No person shall be convicted of any offence except for violation of a law in force
at the time of the commission of the Act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the
time of the commission of the offence.
• (2) No person shall be prosecuted and punished for the same offence more than once.
• (3) No person accused of any offence shall be compelled to be a witness against himself
• 21. No person shall be deprived of his life or personal liberty except according to
procedure established by law.
• *[21A. The State shall provide free and compulsory education to all children of the age
of six to fourteen years in such manner as the State may, by law, determine.]

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 Right to Freedom

• 22. (1) No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest nor shall he be denied the right to
consult, and to be defended by, a legal practitioner of his choice
• (2) Every person who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty-four hours of such arrest excluding the
time necessary for the journey from the place of arrest to the court of the magistrate
and no such person shall be detained in custody beyond the said period without the
authority of a magistrate.
• (3) Nothing in clauses (1) and (2) shall apply—
• (a) to any person who for the time being is an enemy alien; or
• (b) to any person who is arrested or detained under any law providing for preventive
detention

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 Right to Freedom
• *(4) No law providing for preventive detention shall authorise the detention of a person
for a longer period than three months unless—
• (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be
appointed as, Judges of a High Court has reported before the expiration of the said
period of three months that there is in its opinion sufficient cause for such detention:
• Provided that nothing in this sub-clause shall authorise the detention of any person
beyond the maximum period prescribed by any law made by Parliament under sub-
clause (b) of clause (7); or
• (b) such person is detained in accordance with the provisions of any law made by
Parliament under subclauses (a) and (b) of clause (7).
• (5) When any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon as may be,
communicate to such person the grounds on which the order has been made and shall
afford him the earliest opportunity of making a representation against the order.

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 Right to Freedom

• (6) Nothing in clause (5) shall require the authority making any such order as is referred
to in that clause to disclose facts which such authority considers to be against the public
interest to disclose
• (7) Parliament may by law prescribe— *(a) the circumstances under which, and the
class or classes of cases in which, a person may be detained for a period longer than
three months under any law providing for preventive detention without obtaining the
opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of
clause (4);

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 Right against Exploitation

• 23. (1) Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with law.
• (2) Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them
• 24. No child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.

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 Fundamental Duties
• 51A. Fundamental duties.—It shall be the duty of every citizen of India—
• (a) to abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;
• (b) to cherish and follow the noble ideals which inspired our national struggle for
freedom;
• (c) to uphold and protect the sovereignty, unity and integrity of India;
• (d) to defend the country and render national service when called upon to do so;
• (e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
• (f) to value and preserve the rich heritage of our composite culture;
• (g) to protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures;

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 Fundamental Duties

• (h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
• (i) to safeguard public property and to abjure violence;
• (j) 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;
• ] 2 [(k) 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.

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5.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).
51
COURSE: CO UNIT: 1 Pg. 51
5.The Preamble to Constitution of India.
Purpose of Having a Preamble:

The Preamble to our Constitution serves two purposes: -

A) It indicates the source from which the Constitution derives its authority;

B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams,
"…an India in which the poorest shall feel that it is their country in whose making they have an
effective voice; …an India in which all communities shall live in perfect harmony. There can be no
room in such an India for the curse of unsociability or the curse of Intoxicating drinks and drugs.
Woman will enjoy as the same rights as man."

52
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 DIRECTIVE PRINCIPLES OF STATE POLICY

• The State includes the Government and Parliament of India and the Government and
the Legislature of each of the States and all local or other authorities within the
territory of India or under the control of the Government of India.
• The provisions contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the governance of the
country and it shall be the duty of the State to apply these principles in making laws.
State to secure a social order for the promotion of welfare of the people.
• 1. The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of the national life.
• 2. The State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations.

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 DIRECTIVE PRINCIPLES OF STATE POLICY
• Certain principles of policy to be followed by the State.—The State shall, in particular,
direct its policy towards securing.
• 1. that the citizens, men and women equally, have the right to an adequate means of
livelihood;
• 2. that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good.
• 3. that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detrimen
• 4. that there is equal pay for equal work for both men and women.
• 5. that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;
• 6. that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are protected
against exploitation and against moral and material abandonment
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 DIRECTIVE PRINCIPLES OF STATE POLICY

• Equal justice and free legal aid.—The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
• Organisation of village panchayats.—The State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to
enable them to function as units of self-government.
• Right to work, to education and to public assistance in certain cases.—The State shall,
within the limits of its economic capacity and development, make effective provision
for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved
want.
• Provision for just and humane conditions of work and maternity relief.—The State
shall make provision for securing just and humane conditions of work and for
maternity relief.
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 DIRECTIVE PRINCIPLES OF STATE POLICY
• Living wage, etc., for workers.—The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavour to promote cottage industries on an individual or
co-operative basis in rural areas.
• Participation of workers in management of industries.—The State shall take steps, by
suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any
industry.
• Promotion of co-operative societies.—The State shall endeavour to promote voluntary
formation, autonomous functioning, democratic control and professional management
of co-operative societies.
• Uniform civil code for the citizens.—The State shall endeavour to secure for the citizens
a uniform civil code throughout the territory of India.

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 DIRECTIVE PRINCIPLES OF STATE POLICY

• Provision for early childhood care and education to children below the age of six
years.—The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.
• Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections.—The State shall promote with special care the
educational and economic interests of the weaker sections of the people, and, in
particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them
from social injustice and all forms of exploitation.
• Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.—The State shall regard the raising of the level of nutrition and
the standard of living of its people and the improvement of public health as among its
primary duties and, in particular, the State shall endeavour to bring about prohibition
of the consumption except for medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.

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 DIRECTIVE PRINCIPLES OF STATE POLICY

• Organisation of agriculture and animal husbandry.—The State shall endeavour to

organise agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting the
slaughter, of cows and calves and other milch and draught cattle.
• Protection and improvement of environment and safeguarding of forests and wild life.
—The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.
• Protection of monuments and places and objects of national importance.—It shall be
the obligation of the State to protect every monument or place or object of artistic or
historic interest, 1 [declared by or under law made by parliament] to be of national
importance, from spoliation, disfigurement, destruction, removal, disposal or export, as
the case may be.
• Separation of judiciary from executive.—The State shall take steps to separate the
judiciary from the executive in the public services of the State.

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 DIRECTIVE PRINCIPLES OF STATE POLICY

• Promotion of international peace and security.—The State shall endeavour to –

• (a). promote international peace and security;
• (b) maintain just and honourable relations between nations;
• © foster respect for international law and treaty obligations in the dealings of
organised peoples with one another; and (d) encourage settlement of international
disputes by arbitration.

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 DIGITAL RESOURCES

 Lecture Notes -

 Video Lectures -

 E-Book -

 Model Papers -

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