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The Constitution of India is the supreme law

of India.[1] It lays down the framework defining


fundamental political principles, establishes the
structure, procedures, powers and duties of
government institutions and sets out fundamental
rights, directive principles and the duties of citizens.
It is the longest written constitution of any sovereign
country in the world.[Note 1][2] B. R. Ambedkar, the
chairman of the Drafting Committee, is widely
considered to be its chief architect.
It imparts constitutional supremacy and
not parliamentary supremacy, as it is not created by
the Parliament but, by a constituent assembly, and
adopted by its people, with a declaration in
its preamble.[3] Parliament cannot override the
constitution.
It was adopted by the Constituent Assembly on 26
November 1949, and came into effect on 26 January
1950.[4] With its adoption, the Union of India became
the modern and contemporary Republic of
India replacing the Government of India Act, 1935 as
the country's fundamental governing document. To
ensure constitutional autochthony, the framers of the
constitution repealed the prior Acts of the British
Parliament via Article 395 of the constitution.[5] India
celebrates its coming into force on 26 January each
year, as Republic Day.[6]
It declares India
a sovereign, socialist, secular,[7] democratic republic,
assuring its citizens of justice, equality, and liberty,
and endeavours to promote fraternity among them.[8]

Background
The major portion of the Indian subcontinent was under British rule from 1857 to 1947. When the
Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act.

It was drafted by the Constituent Assembly, which was elected by elected members of the provincial
assemblies.[10] The 389 member Constituent Assembly took almost three years

The original 1950 Constitution of India is preserved in helium cases in the Parliament house, New
Delhi. There are two original versions of this – one in Hindi and the other in English

Structure
The Indian constitution is the world's longest.[Note 1] At its commencement, it had 395 articles in 22
parts and 8 schedules. [23]

The constitution and the government


Institutions of governance – the Parliament, the President, the Judiciary, the Executive, etc. get their
power from the Constitution and are bound by it.[40] With the aid of the Constitution,
India is governed by a parliamentary system of government with the executive directly accountable
to the legislature. It states that there shall be a President of India who shall be the head of the
executive, under
The President's duty is to preserve, protect and defend the constitution and the law under Article
60 of the Indian constitution.
Article 74 provides that there shall be a Prime Minister as the head of union cabinet which would aid
and advise the President in performing his constitutional duty. Union cabinet is collectively
responsible to the House of the People per Article 75(3).
Rights to women-

The rights available to woman (ladies) in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State Legislatures.

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are listed below:

1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office under the
state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of livelihood
[Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for women:

1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation


to protect women in India from all forms of domestic violence. It also covers women who have
been/are in a relationship with the abuser and are subjected to violence of any kind—physical,
sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for
commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the
purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings, paintings, figures
or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of
the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any
time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain establishments for
certain period before and after child-birth and provides for maternity benefit and certain other
benefits.
Rights of children

The Indian constitution accords rights to children as citizens of the country, and in keeping
with their special status the State has even enacted special laws. The Constitution,
promulgated in 1950, encompasses most rights included in the UN Convention on the

Constitutional Guarantees that are meant specifically for children include:


 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
 Right to be protected from any hazardous employment till the age of 14 years (Article 24)
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))
 Right to equal opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity and guaranteed protection of childhood and youth against
exploitation and against moral and material abandonment (Article 39 (f))
 Right to early childhood care and education to all children until they complete the age of six
years (Article 45)
Besides, Children also have rights as equal citizens of India, just as any other adult
male or female:
 Right to equality (Article 14)
 Right against discrimination (Article 15)
 Right to personal liberty and due process of law (Article 21)
 Right to being protected from being trafficked and forced into bonded labour (Article 23)
 Right of minorities for protection of their interests (Article 29)
 Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46)

WEAKER SCTIONS

Article 46 in The Constitution Of India 1949


46. 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.
As a part of the fundamental rights of the minority community, constitution provides
the safeguard on the language, script and or culture of the different minority community
through Article 29 (1). And at the same time, Article 29 (2) provides the right to the
minorities to take admission into any educational institution without any
discrimination.

Apart from these rights, our constitution also provides right to the minority
communities (under article 30) to establish and administered educational
institutions based on their religion and language.

Minority Rights Under The Indian Constitution

Under the Constitution of India, there are various provisions to safeguard the
rights of minorities.[7] Preamble of the Constitution declares India to be a
secular state.[8] Article 15 prohibits any sort of discrimination on the grounds of
race, religion, caste, sex, descent, place of birth or residence.[9] Article 16 also
prohibits any sort of discrimination when it comes to public employment, on the
basis of religion, caste, language, race and so on.[10] This guarantees equal
employment opportunities to all the Indian citizens in case of government
offices.

The right to profess, practice and propagate any religion has been guaranteed
to every person as a fundamental right under Article 25 of the Indian
Constitution. This article allows the minority communities to follow their beliefs
and practices without any hindrance as long as it does not hamper public order,
morality and health of any person.[11] But the State can regulate the secular
activities related to religious practices such as financial, political, economic
activities.[12]

Article 26 gives the freedom to the religious denominations or any such sections
to manage their own religious affairs including managing institutions for
religious and charitable purpose
Article 28 prohibits state funded educational institutions from providing religious
instructions unless there is a requirement in the terms of the endowment or
trust, by which the institution has been established, regarding imparting such
religious instruction.[15] It also gives the person attending any educational
institution the right to not participate in any religious instruction imparted by
the institute.[16]

Article 29 of the Constitution provides the citizens with the right to conserve
their language, script and culture; as well as guarantees that they would not be
denied admission into any educational institution based on their race, language,
religion or caste.

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