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You are here:Open notes-->VTU-->Constitution-of-india-and-Professional-ethics-Unit-1

Constitution of india and Professional ethics Unit-1


UNIT I
PREAMBLE TO THE CONSTITUTION OF INDIA & FUNDAMENTAL RIGHTS
PARTS OF THE CONSTITUTION
The Constitution of India covers a total of 395 Articles in 22 parts. The parts of the Indian Constitution
are mentioned below:

• Part I - The Union and its Territory
• Part II - Citizenship
• Part III - Fundamental Rights
• Part IV - Directive Principles of State Policy
• Part IVA - Fundamental Duties
• Part V - The Union
• Part VI - The States
• Part VII - The States in Part B of the First Schedule
• Part VIII - The Union Territories
• Part IX - Panchayats
• Part IXA - Municipalities
• Part X - The Scheduled and Tribal Areas
• Part XI - Relations Between The Union and The States
• Part XII - Finance, Property, Contracts and Suits
• Part XIII - Trade, Commerce and Intercourse within The Territory of India
• Part XIV - Services Under The Union and The States
• Part XIVA - Tribunals
• Part XV- Elections
• Part XVI - Special Provisions Relating to Certain Classes
• Part XVII - Official Language
• Part XVIII - Emergency Provisions
• Part XIX - Miscellaneous
• Part XX - Amendment of the Constitution
• Part XXI - Temporary, Transitional and Special Provisions
• Part XXII - Short Title, Commencement, Authoritative Text in Hindi and Repeals
SCHEDULES TO INDIAN CONSTITUTION
Schedules to the Constitution of India can be added through the amendments to it. There are twelve
schedules to Constitution of India, which are effective at present, are given below:
• First Schedule: This schedule is about the States and Union Territories of India.
• Second Schedule: In this Schedule, provisions made to the President and the Governors of
States, Speaker and the Deputy Speaker of the House of the People, the Chairman and the
Deputy Chairman of the Council of States, the Speaker and the Deputy Speaker of the
Legislative Assembly, the Chairman and the Deputy Chairman of the Legislative Council of a
State, the Judges of the Supreme Court and of the High Courts and the Comptroller and
Auditor-General of India
• Third Schedule: Forms of Oaths or Affirmations are mentioned in this Schedule.
• Fourth Schedule: This Schedule specifies the allocation of seats in the Council of States.
• Fifth Schedule: Provisions as to the Administration and Control of Scheduled Areas and
Scheduled Tribes are mentioned in this Schedule. The amendment of the schedule is also
included in the Part D of the Schedule.
• Sixth Schedule: This Schedule deals with the provisions as to the Administration of Tribal
Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
 Seventh Schedule: The List I or the Union List, List II or the State List and List III or the
Concurrent List are included in this Schedule.
• Eighth Schedule: The 22 languages selected as the official languages of India are
mentioned in this Schedule.
• Ninth Schedule: Validation of certain Acts and Regulations is dealt with in this Schedule
• Tenth Schedule: Provisions as to disqualification on ground of defection for the Members of
Parliament and Members of the State Legislatures are mentioned in this Schedule.
 Eleventh Schedule: This Schedule talks about the powers, authority and responsibilities of
Panchayats
• Twelfth Schedule: Powers, authority and responsibilities of Municipalities are defined in this
Schedule.
PREAMBLE
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.
FUNDAMENTAL RIGHTS:
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in
Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender.
They are enforceable by the courts, subject to specific restrictions.
Six Fundamental Rights
• Right to Equality
• Right to Particular freedoms
• Right against Exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to Constitutional remedies
Right to Equality
14. Equality before law.—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. Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth.—
(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 them,
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes and the Scheduled Tribes.
16. Equality of opportunity in matters of public employment.—
(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 under the Government of, or
any local or other authority within, a State or Union territory, any requirement as to residence within
that State or Union territory prior to such employment or appointment.
17. Abolition of Untouchability.—―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. Abolition of titles.—(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.
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.—
(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; and
(g) to practice 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 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.
(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 the
sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
20. Protection in respect of conviction for offences.—
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.
(1) 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. Protection of life and personal liberty.—No person shall be deprived of his life or personal
liberty except according to procedure established by law.
22. Protection against arrest and detention in certain cases. —
(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.
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour.—(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. Prohibition of employment of children in factories, etc. —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.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of
religion.—(1) Subject to public order, morality and health and to the other provisions of
this Part, all persons are equally entitled to freedom of conscience and the right freely to
profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from
making any law—
(a) regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.
26. Freedom to manage religious affairs.—Subject to public order, morality and
health, every religious denomination or any section thereof shall have the right —
to establish and maintain institutions for religious and charitable purposes;to manage its own affairs
in matters of religion;to own and acquire movable and immovable property; and (d) to administer such
property in accordance with law.
27. Freedom as to payment of taxes for promotion of any particular religion.—No
person shall be compelled to pay any taxes, the proceeds of which are specifically
appropriated in payment of expenses for the promotion or maintenance of any particular
religion or religious denomination.
28. Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.—
(1) No religious instruction shall be provided in any educational institution wholly
maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State
but has been established under any endowment or trust which requires that religious instruction shall
be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of
State funds shall be required to take part in any religious instruction that may be imparted in such
institution or to attend any religious worship that may be conducted in such institution or in any
premises attached thereto unless such person or, if such person is a minor, his guardian has given his
consent thereto.
Cultural and Educational Rights
29. Protection of interests of minorities.—
(1) Any section of the citizens residing in the territory of India or any part thereof
having a distinct language, script or culture of its own shall have the right to conserve
the same.
(2) No citizen shall be denied admission into any educational institution maintained by
the State or receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.
30. Right of minorities to establish and administer educational institutions. —
(1) All minorities, whether based on religion or language, shall have the right to establish and
administer educational institutions of their choice.
(2) The State shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether based on
religion or language.
31A. Saving of laws providing for acquisition of estates, etc.—
(1) Notwithstanding anything contained in article 13, no law providing for—
(a) the acquisition by the State of any estate or of any rights therein or the
extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State for a limited
period either in the public interest or in order to secure the proper management of the
property, or
(c) the amalgamation of two or more corporations either in the public interest or in order to
secure the proper management of any of the corporations, or
(d) the extinguishment or modification of any rights of managing agents, secretaries and
treasurers, managing directors, directors or managers of corporations, or of any voting rights of
shareholders
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part.—
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and
(2), Parliament may by law empower any other court to exercise within the local limits of
its jurisdiction all or any of the powers exercisable by the Supreme Court under clause
(2).
(4) The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.
33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this
Part shall, in their application to,—
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of
intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set
up for the purposes of any Force, bureau or organisation referred to in clauses (a) to
(c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the
maintenance of discipline among them
34. Restriction on rights conferred by this Part while martial law is in force in
any area.—
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify
any person in the service of the Union or of a State or any other person in respect of any act done by
him in connection with the maintenance or restoration of order in any area within the territory of India
where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture
ordered or other act done under martial law in such area.
35. Legislation to give effect to the provisions of this Part.—notwithstanding
anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not have, power to
make laws—
(i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article
32, article 33 and article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this
Part;

Editors




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