Important articles of Indian Constitution

March 8, 2023

This article has been written by Ms. Ayushi Notani, a 1^st year BBA.LLB(HONS) student from Vivekananda Institute Of Professional Studies.

<INTRODUCTION

India is the largest democracy in world. We adopted the Constitution Of India on 26 November 1949 and it came into force on 26 January 1950.It has 25 Parts,448 articles and 12 Schedules. The Constitution is a set of laws and rules that sets up the machinery of the government of a state and which defines and determines the relations between the different institutions and areas of the government. Preamble is known as soul of the Indian Constitution. It is the largest written legal documents. Total time taken: 2 years 11 months and 18 days. It is also the longest Constitution in the world.

<OBJECTIVES OF THE INDIAN CONSTITUTION

To make India a Socialist country.
Establishing India a Democratic Union
To provide safeguards for schedule castes, schedule tribes and other backward classes
To deprive the powers of central and state governments.

<BORROWED FEATURES OF CONSTITUTION

1) UNITED KINGDOM-Post of Prime Minister, Speaker in Lok Sabha, Nominal Head-President

2) UNITED STATES-Written Constitution, Provision of States, Removal of Supreme Court and High Court Judges, Fundamental Rights, Preamble

3)USSR– Five Year plan, Fundamental Duties

4)AUSTRALIA-Provision regarding trade, commerce and intercourse, Launguage of the “PREAMBLE”, Concurrent Lists

5)IRELAND-Method of Election of President, Nomination of members in the Rajya Sabha by the President, Concept of DPSP(Directive Principles of States Policy)

6) GERMANY-Suspension of the Fundamental rights during the emergencies

<FUNDAMENTAL RIGHTS (Article 12-35)

-Article 12(definition of the state)

The state includes the Government and Parliament of India and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the Government of India.Local authorities include authorities such as municipalities, district boards, panchayats etc. Thus, the term STATE has been provided with a great scope so as to ensure the protection of the fundamental rights of a large number of people.

-Art. 14-Equality before the law and equal protection of the laws within the territory of India

This article states “the state shall not deny to any person equality before the law and equal protection of the laws within the territory of India”. Applicable for all persons in similar situations and the persons in different circumstances will be treated differently.

-Article 15-Forbids discrimination on basis of religion, race, caste, sex or place of birth. However, government can make special laws for citizens of India.

-Art.16 –Equal Employment Opportunities

Art. 16(1) Provides that there shall be equality in opportunity for employment under the public employment for every citizen.

Art. 16(2) states that “No citizen shall,on grounds only of religion,race,caste,place of birth,sex,descent,residence,be ineligible for,or discriminated against in respect of,any employment or office under the state.”

Art.16(3) provides the Parliament with the power to enact special laws to prescribe the requirement of residence for the purpose of employment or appointment.

-Article 19–It guarantees the citizens of India the following freedoms-

*Freedom of speech and expression

*Freedom of Assembly

*Freedom of form associations

*Freedom of Movement

*Freedom of Residence and Settlement

*Freedom of Profession, Occupation, Trade and Business

The rights provided under Article 19 are not absolute and uncontrolled.Rather, the state can impose reasonable restrictions on these rights of the individuals.

-Article 21-Protection of Life and Personal Liberty

This article is one of the most important rights of every individual.No person shall be deprived of his life or personal liberty except according to procedure established by law.It is even extends to foreigners while they reside in the territory of India.

–Article 21A- Provides for free and compulsory education to children

The Right To Education is an individual’s civil right that protects them.Every citizen must get a chance to access to education which will enable them to judge, weigh and make decisions for themselves.

-Article 32-The citizens has the right to appeal directly in the courts,in case of violation of any of his Rights.This article is also known as the “HEART AND SOUL OF THE CONSTITUTION BY BR AMBEDKAR

<DIRECTIVE PRINCIPLES OF STATE POLICY(ART.36 TO 51)

Some of the DPSP’s are:

To improve the level of nutrition and the standard of living .(Article 47)
Free and compulsory education up to the age of 14 years.(Article 45)
To safeguard and promote the educational and economic interests of the Scheduled Castes and Scheduled Tribes.(Article 46)

<FUNDAMENTAL DUTIES

Fundamental Duties were not a part of constitution until 1976. The purpose of Fundamental Duties is to preserve and protect the sovereignity and integrity of the nation.With the 42^nd Amendment act of 1976, they have been provided in Art. 51A of the constitution. According to these, it shall be the duty of each and every citizen . These duties are not legally enforceable.

1) To abide by the respect of the constitution, the National Flag, and the National Anthem.

2) To cherish and follow the noble ideas of the freedom struggle.

3) To uphold and protect the sovereignty, unity and integrity.

4) To defend the country and render national service when required.

5) To promote common brotherhood and establish dignity of women.

6) To preserve the rich heritage of the nation’s composite culture.

7) To protect and improve natural environment,

8) To develop scientific temper, humanism and spirit of enquiry

9) To safeguard public property and adjure violence.

10) To strive for excellence in all spheres of individual and collective activity.

11) It shall be duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child between 6 to 14 years of age.

<EMERGENCIES IN INDIA

Article 352-National Emergency

The President is the sole judge to decide on this emergency but it has to be approved by the Parliament before the expiry of one month after the proclamation.This emergency is proclaimed under the situation of war, external aggression or armed rebellion. It has been declared three times in India.First-1962 during Indo-China war. Second 1971 due to India-Pakistan war and third in 1975.

Article 356-State Emergency

This type of emergency is declared by President on his own or after Governor of the State reports to President It results in suspension of the autonomy of the state.Every state in India except two states Chhattisgarh and Telangana has been under a state of emergency at some point or the other.

Article 360-Financial Emergency

Financial Emergencycan be declared when the President is satisfied that the financial situation of the country demands it. Financial emergency has never imposed in India till date.The power to impose financial emergency is with the President only.When it is in operation the money bills passed by the State assemblies have to be presented to the President for his assent and he can exercise control over the finances of the centre and the States and can even cut down the salaries of public servants including judges of the Supreme Court and High Court.

<THE EXECUTIVE

Art.52 states “There shall be a President of India”

Art. 53 states,” the executive powers of the Union shall be vested in the President”. He is the executive head of the Indian State.

Article 72-Pardoning Powers

As mentioned in Article 72 of Indian Constitution, the President is empowered with the powers to grant pardons in the following situations:

Punishment is for offence against Union Law
Punishment is by a Military Court
Sentence is a death sentence

<CONCLUSION

The Indian Constitution provides individuals with rights and also obliges them to perform certain duties.Indian Constitution serves as the guidelines for every citizen.It has undergone around 100 amendments since it came into form.It is the gift for the citizens of our country. Therefore, everything is well-defined in the Indian Constitution.

<REFERENCES

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March 8, 2023