UNIT 1
Definition
The rules and principles on which people enjoy their rights and perfume their duties and according to which government operates is called constitution.
Meaning and importance of Indian constitution
Importance of a constitution
It is essential for the operation of any state. The constitution guides the way to go on and achieve the Social and Economical stability
It makes government responsible. It is a law under which a government should operate. It states the Fundamental rights of people and makes the government responsible to see whether people enjoy their rights.
It provides aims and objectives of any nation. There is no state without any social and economical objectives.
It works as an instrument of change. It helps in reforming the goals of the society.
Preamble of Indian constitution
It is the introduction of the constitution. It gives four important aspects. They are;
1) Source of authority: The constitution derived its authority from people of India.
2) Nature of Indian polity: The key features of Indian polity are
a) India is a sovereign state. ( Both internally and externally free from foreign rules)
b) India is socialistic state. (It does not mean India is a socialistic country but it means that they will nationalize the sectors they want. It will have a mixed economy)
c) India is secular state. (Equal freedom for all the religions in India)
d) India is democratic state. (Indian polity is based upon democratic principles. Government is elected by people. No discrimination on the basis of sex, color, religion, race etc)
e) India is republic. (the supreme power of the state is with the people, they elect their representatives as once for a fixed period)
3) Objective of constitution: The objectives are;
a) Justice: All should enjoy social, political and economical justice.
b) Liberty: Freedom of Thoughts, Belief, Faith and Worship. The constitution hates standardization of ideas; a desert of uniformity, it wants to create healthy condition for human personality.
c) Equality: Equal opportunity is provided by the law of India which signifies equity before law and non-discrimination in matters of public employment.
d) Fraternity: Assuring the dignity of the individuals. Its intension is not just the prohibition of untouchability. It also asks for the creation of brotherhood among all the Indians and dignity among all Indians.
e) Unity and Integrity of the nation: That is to prevent from secessionist and separatist tendencies.
4) Date of adoption: 26th November 1949
Silent feature of Indian constitution
1) Drawn from various sources: The makers of constitution drawn source s from various to make a unique, good and workable one. Sources are drawn from various Acts of pr-independent India. It has also drawn from various constitutions like Canada( federal
System), Irish ( Directive principles) and England( Parliamentary System).Sources are also drawn from Various Parliamentary Acts, Amendments of constitution, Decision of Courts, Opinion of Constitutional Experts and Conventions.
2) Significant of preamble. Preamble of Indian Constitution is giving the content of Indian constitution.
3) Written and detailed constitution: Indian constitution is lengthiest of all written constitution. Therefore it helps in avoid any conflict between state and Union.
4) Enacted one: Indian Constitution was framed and enacted by Constituent Assembly formed for that purpose.
5) A sovereign Democratic Republic: No internal or external control. A system of democratic government: Head of state will be elected. It does not allow place to a king or a Monarch to rule to the country.
6) Secular state: No discrimination
7) Both Rigid and flexible:
8) Parliamentary democracy: Final legislative and financial control is with the parliament.
9) Federal Character: It encourages towards unity among people.
10) Fundamental rights: The Indian Constitution clearly says the Fundamental right.
11) Directive principles of state policy: To provide adequate means of livelihood, right to work, education and employment etc.
12) A welfare state: Maintain justice, liberty, Equality and fraternity in the country.
13) Adult franchise: Any person above age of 18 is eligible for vote and to take part in election.
14) Fundamental Duties: 11 fundamental duties are included in constitution.
15) Judicial Review: The supreme law of land is constitution. Any law against the constitution can be treated as unconstitutional. This is to protect the rights of people and dignity and sanctity of the constitution.
16) Rule of law: There is only one law for all Indians.
17) Single citizenship: All are citizen of Indian Union.
18) Abolition of communal electorate.
19) Abolition of untuochability
20) Panchayats.
(UNIT 2 WILL COME SOON)
For complete Indian Constitution visit
http://lawmin.nic.in/coi/contents.htm
