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INDIAN CONSTITUTION

By Yashika Vaishnav

A brief history of Indian Constitution


Constitution of India Bill which envisaged freedom of expression and equality before law 1924 Motilal Nehru 1927 Lord Birkenhead,the Secretary of State challenged Indian leaders 'to produce a Constitution which carries behind it a fair measure of general agreement among different sections

The Nehru Report submitted on 10th August 1928 was in effect an outline of a draft Constitution of India. It envisaged equal rights to men and women regardless of caste.class,religion or region,free elementary education,freedom of expression to all etc.The secular character of the State was listed as a fundamental right.

1945, Congress had to agree to the Cabinet Mission's scheme of the elected provincial assembly members electing the members of Constituent Assembly. Congress won a huge majority of seats in the Constituent assembly

The first session of the Constituent Assembly was held on December 9, 1946 and was attended by 207 members. Dr. Rajendra Prasad was elected as Chairman. The Assembly formed different sub committees dealing with different aspects of the Constitution.

The most important Drafting Committee was under the Chairmanship of Dr.B.R.Ambedkar. After long and painstaking deliberations and several modifications lasting for 166 days in a period of about 3 years the Constituent Assembly approved the draft Constitution on November 26 1949. The longest written Constitution of the World became law on January 26 1950.

features of Indian constitution


A large written constitution A borrowed constitution. Fundamental Rights. Directive principles of state policy. Parliamentary form of Govt. Secularism Independent & Integrated Judiciary Fundamental Duties.

A large written constitution


One of the best constitutions in the world. 395 articles in 22 parts. 12 schedules, 102 Amendments.

Drawn from different sources

Parliamentary system Fundamental Rights Judicial Review Post of Vice president Emergency provisions Fundamental duties Directive Principles

United Kingdom U.S.A U.S.A U.S.A Germany Russia Ireland

PARLIAMENTARY FORM OF GOVT

Parliament
President indirectly elected Rajya sabha indirectly elected Lok sabha directly elected Two types of Executive President is nominal executive. Prime Minster and his council of ministers as real executive.

Fundamental rights

1. Right of Equality (article14- 18)


ARTICLE 14: equality before law ARTICLE 15: prohibition of discrimination on grounds of religion ,race ,caste ,sex or place of birth ARTICLE 16: Equality of opportunity in matters of public employment ARTICLE 17: Abolition of untouchability ARTICLE 18: : Abolition of titles

2. Right to freedom(article 19-22)

Article 19:protection of certain right regarding freedom of speech,etc Article 20: protection in respect of conviction for offences Article 21: : protection of life and personal liberty Article 21A : RIGHT TO EDUCATION Article 22: protection AGAINST ARREST AND DETENTION IN CERTAIN CASES

3. Right against exploitation ( 23- 24)


Article 23 : prohibition of traffic in human beings and force labour Article 24 : : prohibition of employment of children in factories etc

4.Right to freedom of religion(25-28)


Article 25:freedom of conscience and freeprofession,practice and propagation of religion Article 26: Freedom to manage religious affairs Article 27:Freedom as to payment of taxesfor promotion of any patrticular religion Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions .

5. CULTURAL AND EDUCATIONAL RIGHT (29-30)


Article 29: protection of interests of minorities . Article 30: Right of minorities to establish and adminiser educational institutions

6. Right to constitutional remedies ( article 32)


The supreme court shall have power to issue directions or order, if anyone is deprived his/her fundamental rights.

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 or sectional 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 safeguard public property and to abjure violence; To develop the scientific temper, humanism and the spirit of inquiry and reform;

To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement

The Fundamental Duties are considered as the responsibilities which should be performed by each and every civilian of India.

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