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V@!BH@V (Advocate)     18 May 2010

CONSTITUTION OF INDIA

 
 


CONSTITUTION OF INDIA

Indian National Emblem

 

 

 

The Constitution of India was drafted by the Constituent Assembly. The Constituent Assembly held its first sitting on the 9th December, 1946. It reassembled on the 14th August, 1947, as the sovereign Constituent Assembly for the Dominion of India. The proposed Constitution had been outlined by various committees of the Assembly like:

a) Union Constitution Committee
b) The Union Powers Committee
c) Committee on Fundamental Rights.

It was after a general discussion on the reports of these Committees that the Assembly appointed a Drafting Committee on the 29th August, 1947. The Drafting Committee, under the Chairmanship of Dr. Ambedkar, embodied the decision of the Assembly with alternative and additional proposals in the form of a 'Draft Constitution of India which was published in February, 1948. The Constituent Assembly next met in November, 1948, to consider the provisions of the Draft, clause by clause. After several sessions the consideration of the clauses or second reading was completed by the 17th October, 1949. The Constituent Assembly again sat on the 14th November, 1949, for the third reading and finished it on the 26th November, 1949, on which date the Constitution received the signature of the President of the Assembly and was declared as passed. The provisions relating to citizenship, elections, provisional Parliament, temporary and transitional provisions, were given immediate effect, i.e., from November 26, 1949. The rest of the Constitution came into force on the 26th January, 1950, and this date is referred to in the Constitution as the Date of its Commencement.

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.

Purpose of Having a Preamble:

The Preamble to our Constitution serves two purposes: -

A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."

Fundamental Rights:

Indian Government have provided six basic rights to every citizen India . So, as to provide a democratic environment for the peopel of India to live in. Here, we are describing each fundamental right in detail to help you in understanding our constitution.

The Fundamental Rights embodied in the Indian constitution acts as a guarante that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus.

In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in sucessfully abolishing the "untouchability"; prohibit discrimination on the grounds of religion, race, caste, s*x, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions.

Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "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"

Here we have defined the six fundamental rights as per the constitution of India:-

1. Right to Equality
2. Right to Particular Freedom
3. Cultural and Educational Rights
4. Right to Freedom of Religion
5. Right Against Exploitation and
6. Right to Constitutional Remedies

Fundamental Duties:

These Fundamental rights have been provided at the cost of some fundamental duties. These are considered as the duties that must be and should be performed by every citizen of India . These fundamental duties are defined as:

It shall be the duty of every citizens of India : -

?       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 wild life, and to have compassion for living creatures
 



Learning

 15 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 May 2010

What do you want to say with this ?

N.K.Assumi (Advocate)     18 May 2010

Yes, The constitution of India, So?

Arup (UNEMPLOYED)     18 May 2010

"Here, we are describing each fundamental right in detail to help you in understanding our constitution." - mr aravinthan perhaps it is his purpose. Nobel idea.

Arup (UNEMPLOYED)     18 May 2010

why question mark on all fundamental duties?

Arup (UNEMPLOYED)     18 May 2010

recently two questions were posted on the basic structure of constitution. i fell that preamble provides the basic structure.

i want to have a good easy on personal liberty under art 21.

how one can find how a perticular right is  a personal liberty under art 21 of the constitution?

S.Sabarinadh (Student)     18 May 2010

dONT get offended dude ,Iam asking this because you have posted so!!!!!!!!!!!!

  ARE YOU AN ADVOCATE????????????????????????


(Guest)

Well done Mr. Vaibhav !!

 

If so all Advocates could understand their concern with the interest of common man and ever initiate awareness regarding constitutional provisions as you have done.

 

LCI is a forum where the Lawyers and Indian Citizens interacts and so such presentation will play a great role.

 

Thanks and best regards. 


(Guest)

Will the Lawyers provide detailed information regarding query laid down by Mr. Arup Kumar Gupta??

 

If so, it will be helpful for all concerned. 

1 Like

Arup (UNEMPLOYED)     18 May 2010

I support mr. ram samudre's first postng.

constitution is like Gita, Kuran or Bible, for a democracy lover. more reading, more discussions on constitution, -  means more and more pleasure.

V@!BH@V (Advocate)     18 May 2010

Yes it's true Arup Sir but here is why so much misunderstanding.

I'm not understand this.

N.K.Assumi (Advocate)     18 May 2010

Dear Vaibhav, Question So? was inserted because after the povisions of those precious FRs, it was stoped without further query, so the letter So? was posted thinking that you forgot to put your comment or query: Sorry if it hurts you in some way, please find a way to forget it.


(Guest)

Please see ! my dear friends/brothers,

 

Here I find a place to say something if I may please be allowed;

 

People who have sense of their social concern are ever in search of a forum where we all likeminded citizens of India could come together to have some sort unity to sort out our democratic rights since our leadership is failed to have concern with public interest matters.

 

Whenever anyone of us comes up and contributes in any form on any public forum that should always be welcomed by "THANKFULNESS".   There should be a discussion instead of discouraging each other.  We are not here to take a mileage and so why to make it a race to defeat others ??  I don’t see any such liberty here.

 

IT IS TO EVER REMEMBER THAT WE ARE TRYING TO COME TOGETHER ON “CONTITUTIONAL” ISSUES FOR CONSTITUTIONAL REDRESAL TO HAVE OUR DEMOCRATIC RIGHTS SINCE EVERYONE AMONG ALL OF US IS SOMEWHERE NOT SATISFIED WITH THE IMPLEMENTATION OF OUR DEMOCRACY.  OUR MOTO IS A BIGGEST ONE AND SO WE SHOULD HAVE EQUAL PATIENT AND UNDERSTANDING.  HERE IT IS NO OPTION AVAILABLE FOR US OTHER THAN PATIENT AND UNDERSTANDING.

 

We can increase our power if our unity will be increased.  Let it their differences in opinion of every individual but encourage everyone to come up without feeling any hesitation.

 

Our aim & goal will never be achieved if we will not try to understand each other.

 

I like to give an example here that every person is having only 5-6 parts on our face; Eyes, Nose, Lips, Chin, Cheeks..  but everyone's face look is different.  It is wonderful that only these 5-6 things make such difference for all the people in the world.  Imagine that in our mind there are thousands of cells so there will be how much differences in thinking capacity of everyone?  So please treat the differences as natural and accept everyone with their individuality.  Treat the differences as a wealth of lots of opinions and so many options.  Discussion ever leads us toward the best.

 

WE SHOULD ALWAYS BE THANKFUL FOR EVERY PARTICIPATION AND CONTRIBUTION IN EVERY FORM.

 

Sorry for taken this space.  N YA.. FOR MY BAD ENGLISH TOO… IGNORE IT.

1 Like

S.Sabarinadh (Student)     19 May 2010

Actually my feeling to the LCI is a bunch of people socially committed and publically litigant and having the sense to understand the holy law of our nation and act accordingly. Also i expect the concerned standard from all the members to be the interpretors atleast in the most basics.........................................

sorry for my bad start and unknowingly devious diversion!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


(Guest)

Well done my dear Sabarinath !!  you proved that you have such sense from whom we can hope that you will be able to lead us in future.  I think you are a law student and youngest among all of us here.  So if I say that we are the present and you are the future of our nation.  Its failure of past and present due to which we all are suffering.  Those who have to shoulder responsibility of future they should have more qualities than us.  A "Student" (Vidyarthi) will become as broad as he will have amount of patient.  I dont know that whether I have any rights to say such things but in my good faith I felt it my duty to transmit these things.

 

Remember what I said that "You students are our future and we hope from you people"...

 

And your future is in your hands.  Should I charge you my fees for this advise??? ha.. ha... u r mine man !!!....


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