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WELCOME

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Constitution of India

Basic features:

A basic document which lays down the structure of

political system

Constitution is headed by President of India

It deals with Legislature, Executive & Judiciary

It defines their power, demarcates their responsibility

& regulates relationship with each other

It is a written constitution

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Preamble:

We, the people of India, having solemnly resolved to

constitute India into a Sovereign, Socialistic, Secular,

Democratic Republic and secure to all citizens

Justice social, economical and political,

Liberty of thought, expression, belief, faith & worship,

Equality of status and opportunity and promote amongthem all,

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Preamble:

Fraternity assuring the dignity of individual and unity

and integrity of the nation,

in our constituent assembly this 26th November, 1949,

do hereby adopt, enact and give to ourselves this

Constitution

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Constitution of India 5

Nehru signing Indian Constitution

TheConstitution

ofIndia

was adopted and enacted on 26th November 1949


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Whether preamble is a part of Constitution?

Yes

Ordinarily preamble is not considered part of a statute &

therefore at one time it was thought that the Preamble doesnot form part of the Constitution

This view is no longer correct

Supreme Court has held that Preamble is part of

ConstitutionSupreme Court has referred to the Preamble several times

while interpreting constitutional provisions

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Whether preamble can be amended?

Yes - Supreme Court has declared that:

Preamble is part of Constitution

It can be amended subject to the condition that it does not affect

the basic structure of the Constitution

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Whether preamble has been amended any time?

Yes through 42nd Amendment Act, 1976

Three terms were included in the Preamble:

Secular

Socialistic

Integrity

These are not new since these are already included in spirit

in various provisions of the Constitution

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FUNDAMENTAL RIGHTS:

Fundamental Rights are incorporated in Articles 12 to 35,

forming part III of the Constitution

Some of the rights are available only to citizens of India whileothers are available to all the persons

Rights guaranteed fall under following broad categories:

Right to equality (Art 14)

Prohibition of discrimination (Art 15)

Abolition of untouchability (Art 17)

Right to freedom protection of life and personal identity(Art 21)

Right to freedom of speech, expression, movement (Art 19)

Right against exploitation (Art 23 & 24)

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Rights guaranteed fall under following broad categories:

Right to freedom of conscience, practice of religion(Art 25 &28)

Right to minorities for conservaton of their culture(Art 29 & 30)

Right to enforce the Fundamental Rights(Art 32)

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Constitution important Articles

Article 12Defining the State

Article 13 Prohibiting the State from making any law

which takes away the fundamental rights

Article 14 Right to Equality

Article 15 Prohibits State from discriminating against

citizens on grounds of religion,race,sex,

caste,place of birth but enables States to

make special provision for women and

children

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Article 16 - Equal opportunity in the matter of public

employment

Article 16(4) Provision for reservation in appointment

in favour of backward class of citizens

which are not adequately represented

in the services under Govt.

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Article 19 Right to freedom

Freedom of speech and expression

To assembly peacefully without arms

To form associations or unions

To move freely throughout the territory of India

To reside and settle in any part of India

To practice any profession or to carry out any

procession, trade or business

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Article 19 Freedom of speech and expression is

subject to the following restriction:

Security of the State

Friendly relations with foreign statesPublic order

Decency or morality

Contempt of Court

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Constitution Directive Principlies

Directive Principles of State Policy embodied in

Part IV of the Constitution(Art 36 to 51)

Contain the principles Fundamental in thegovernance of the country

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Directive Principles of Constitution

State shall strive to promote welfare of people

securing social, economic and political justice

State shall strive to minimise inequalities in income

State shall direct its policy towards securing the

same

Ownership & control of the material resources of

the community are so distributed as best to

subserve the common good

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Directive Principles of Constitution

Operation of the economic system does not result

in the concentration of wealth and means of

production to the common detriment

Securing living wage of worker, just and humaneconditions of work, participation of workers in

management

Securing uniform civil code for the citizens

throughout the territory of India

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Constitution Fundamental Duties

Article 51A Fundamental Duties of every citizen:

To abide by the Constitution and respect its

ideals and institutions, the National Flag &

National Anthem

To cherish and follow the noble ideals whichinspired our national struggle for freedom

To upheld and protect the sovereignty, unity

and integrity of India

To defend the country and render national

service when called upon to do so

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To promote harmony and the spirit of common

brotherhood amongst all the people of India

transcending religion, linguistic and regional or

sectional diversities, to remove the practices

derogatory to the dignity of womenTo value & preserve the rich heritage and our

composite culture

To protect & improve the natural environment

including forests, lakes,rivers and wild lives &

have compassion for living creatures

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To develop the scientific spirit, humanism and

the spirit of inquiry and reform

To safeguard public property and adjure

violence

To strive towards excellence in all spheres of

individual and collective activity, so that the

nation constantly rises to higher levels of

excellence and achievement

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Article 309 - Acts of the appropriate Legislature to

regulate the recruitment, and conditions of service of

persons appointed, to public services and posts

Art 310. (1) Every person who is a member of adefence service or civil service or all-India service,

holds the post under the Union during the pleasure of

the President of India

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Art 311(1)- No person who is a member of a civil

service of the Union or an all-India service shall be

dismissed or removed by an authority lower than

appointing authority

(2) No such person as aforesaid shall be dismissed or

removed or reduced in rank except after an inquiry

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Provisions of Article 311(2) shall not apply :

(a) where a person is dismissed or removed or

reduced in rank on the ground of conduct which

has led to his conviction on a criminal charge

(b) where the authority empowered to dismiss or

remove or reduce him in rank is satisfied that for

some reason, to be recorded in writing, that it is

not reasonably practicable to hold such inquiry

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Where the Presidentis satisfied that in the interest of

the security of the State it is not expedient to hold

such inquiry

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