 CONSTITUTION:
 A constitution is a set of
 fundamental principles or established precedents
according to which a state or other organization is
governed
NEED OF A CONSTITUTION
 It generates trust that is necessary for different kinds
 of people to live together.
 It specifies how the government will be constituted which
means who will have the power and what decisions will they be
responsible for.
 It lays down limitations on the powers of the government and
makes the citizens aware of their rights.
 It expresses the aspirations of people for building a good
society.
 It defines the nature of political system of a country.
 It provides a set of rules that allow the coordination amongst
members of society.
It enable the govt. to fulfil the separation of a society and create
Nature of Indian
Constitution
The Constitution of India has some distinct and unique features
as compared to other constitutions to the world. Dr.
Ambedkar, the Chairman of Drafting Committee puts it, the
framers had tried to accumulate and accommodate the best
features of other constitutions, keeping in view the peculiar
problems and needs of our country.
In all constituent assembly worked for 2 yrs 11 months 11 days.
Assembly again sat on 19th Nov 1949 & on 26th Nov 1949
Constitution received sign of president of India & declared
passed. On 26th Jan 1950 Constitution of India came into
force & implemented & it is consider as date of
commencement.
Nature of Indian
Constitution
 The Indian Constitution is the result of experiences
taken from constitutions of great democracies eg.
America, England, Ireland, Australia and Switzerland.
 Our Constitution is the World’s most detailed written
Constitution amongst all.
 The object of framers of the constitution was to
establish the welfare of social service state. The
constitution reflects the tendency of modern
civilization to shift the emphasis from individual to
community.
The main Characteristics & Salient
features of Constitution are:
 Longest written constitution
 Sovereign ,Democratic & Republic State
 Secular state
 Partly rigid and flexible
 Socialist state
 Fundamental rights
 Fundamental Duties
 Directive Principles of State Policy
Single Citizenship
 Uniformity throughout Country
 Independent Judiciary
 Adult Suffrage
 Special Status & Provision for State of
Jammu and Kashmir
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Parts Taken from other Constitutions
 FROM U.K. • Parliamentary type of govt. •
Lower house more powerful • Council of
ministers responsible for lower house •
Provision of Speaker in Lok Sabha
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FROM USA
• Written constitution, fundamental rights,
Supreme Court • Appointment of Vice
President, • Provision of states
 FROM AUSTRALIA
• Concurrent list, Central-State relationship,
Language of the Preamble
Parts Taken from other Constitutions
 FROM USSR • Fundamental duties, Five year plans
FROM GERMANY • Emergency provisions
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FROM JAPAN • The Supreme Court functions
FROM CANADA • Federal system & residual powers
FROM SOUTH AFRICA • Procedure of constitutional
amendment
FROM IRELAND • Concept of Directive Principles of
State Policy
Preamble of Constitution of India
 The preamble can be referred to as the preface which
highlights the essence of the entire Constitution. It
was adopted on 26 November 1949 by the
Constituent Assembly and came into effect from
26th January,1950. The 'preamble' to the
Constitution of India is a brief introductory
statement that sets out the guiding purpose and
principles of the document
Preamble of Constitution of India
 Meaning :

The 1st words of the preamble – “ We The
People “ – signifies that the power is
ultimately vested in the hands of the people of
India . So far the preamble has been amended only
once in 1976 by 42nd amendment (change) which
inserted the words Socialism , Secularism and
Integrity. A brief description of theses
concepts is given in the following slides.
Meaning :
 Sovereign The word sovereign means supreme
or independence. India is internally and
externally sovereign - externally free from the
control of any foreign power and internally, it
has a free government which is directly elected
by the people and makes laws that govern the
people.

Socialist Even before the term was added
by the 42nd Amendment in 1976, the
Constitution had a socialist content in the form
of certain Directive Principles of State Policy.
The term socialist here means democratic
socialism i.e. achievement of socialistic goals
through democratic, and by non-violent means.
Meaning :
 Secular
means the relationship between the
government and the people which is determined
according to constitution and law. By the 42nd
Amendment, the term "Secular" was also incorporated in
the Preamble. Secularism is the basic structure of the
Indian constitution which includes that the Government
respects all religions.
 Democratic The first part of the preamble “We, the
people of India” and, its last part “give to ourselves this
Constitution” clearly indicate the democratic spirit
involved even in the Constitution. India is a democracy.
The people of India elect their governments at all levels
(Union, State and local) by a system popularly known as
"one man one vote".
Meaning :
 Republic As opposed to a monarchy, in which the head of
state is appointed on hereditary basis for a lifetime or until
he abdicates from the throne, a democratic republic is an
entity in which the head of state is elected, directly or
indirectly, for a fixed tenure. . The leader of the state is
elected by the people.
 Justice The term 'justice' in the preamble refers to three
varying aspects - Political, Social and Economic which are
secured through different provisions of Fundamental
Rights & Directive Principles of State Policy.
 Liberty The ideal of Liberty refers to the freedom on the
activities of Indian nationals. All the citizens are secured
with liberty of thought, expression, belief, faith & worship
through the Fundamental Rights . However, liberty does
not mean freedom to do anything, and it must be exercised
within the constitutional limits.
Meaning
This envisages that no section of the society
enjoys special privileges and individuals are provided
with
adequate
opportunities
without
any
discrimination. Again, there are three dimensions of
Equality - Political, Economic & Civic.
Fraternity This refers to a feeling of brotherhood & a
sense of belonging
with the country among its
people.
 Equality
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Preamble of Constitution of India
 The concept of preamble of constitution has been
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considered in famous case Keshavanand Bharti Vs
Statae of Kerala(1973)
It lays down following objectives
1.It declares source of constitution
2.It lays the date on which constitution came into
effect
It declares the policy to be established & rights
&freedom secured to all citizens of India
Importance of Preamble
 Preamble to constitution can be regarded as a key
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the object & its intention
The preamble is not the source of any substantive
power conferred on the government
The court has not right to stretch or twist the
language of constitution in interest of any political
,social nature
Preamble is a part of constitution & it can be
amended.
Preamble can be amended after judgement in
Keshavanand Bharti case.
Federalism
 Features of Federal State
 Dual Government
 Distribution of Powers
 Constitution
 Authority of Court
Division of Powers
 Article 245 & 246 distribute the legislative powers
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between central & state govt which contains three
lists
Union
State
Concurrent
Union list: There are 97 subjects on which central
govt can make laws. The subjects over which union
legislature has exclusive powers are external affairs,
currency ,Navy, Air force. All these subjects are of
national importance
Division of Powers
 State list: There are 66 subjects in state list
over which state had to legislate are police
,education, civil services etc.
 Concurrent list: There are 47 subjects
mentioned in concurrent list both central and
state legislatures can make laws under article
248 ,residuary powers are given to the
parliament.
Division of Powers
 The matters over which both the union /state
legislatures had competence to legislate i.e.
C.P.C, C.R.P.C, Marriage & Divorce, Arbitration
etc.
 If matter falls in union/concurrent list –
Union/Central govt Parliament has right to
make laws
 If matter falls in concurrent/state –State govt &
union govt can make laws
Division of Powers
 Power of parliament to legislate on state list .
 Under Article 246 Constitution has empowered
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parliament in following circumstances.
They can make laws:
In national interest (249)
During proclamation of emergency(250)
On request of 2 or more states(252)
For enforcing International Agreement
Break down of constitutional machinery in state (
356)
Citizenship
 Citizens
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are members of the political
community to which they belong. They are
people who composes the state. Article 5 to 11
of constitution deal with citizenship.
In other words we can say citizenship is a
membership of a society living under one govt.
The person residing in a country may be
divided into –Citizens and Aliens.
The constitution confirms the following
rights to citizens of India:
1.Fundamental Rights
2.Only citizens of India can become President,
Vice-President, Judge of SOI,HC.
Citizenship
 Right to become a member of parliament &
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legislature of state
In some countries dual citizenship concept is
there –USA, Switzerland,
Single Citizenship-India, Pakistan
At the time of commencement of the
constitution following persons shall be
entitled as citizens of India
1.Citizens by domicile
2.citizenship of certain persons who have
migrated to India from Pakistan
Citizenship
 3. Citizenship of certain migrants to Pakistan
 4.Citizenship of certain persons of Indian origin residing
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1.
2.
3.
outside India
The modes of acquisition of citizenship of India
is as follows
Person who became citizens on 26 th Jan 1950:
A person born as well as domiciled in territory of India
irrespective of nationality of his parents
A person domiciled in the territory of India
A person who /whose either of parents were not born
in India but had his domicile in India & had been
residing not less than 5 years in India immediately
after commencement of the constitution
Citizenship
4.A person who had migrated from
Pakistan before 1948 & If he makes
an application before commencement
of constitution for registering himself
as a citizen of India
5.A person whose parents grand parents
was born in India but residing
outside India & on application
diplomatic representative of India in
his residing country.
Citizenship
Citizenship after 26 th Jan 1950
1.
2.
3.
4.
5.
Every person born on or after 26 th Jan 1950 shall be citizen
of India
Article 8 provides that a person born outside India on after
26 th Jan 1950 shall be citizen of India by descent ,If his
father is a citizen of India at the time of persons birth
A person acquire Indian citizenship by registering
themselves before prescribed authority
Foreigner who marries Indian citizen become citizen of
India. They have to Apply for Citizenship
Whenever new territory becomes a part of India the govt of
India shall specifies. Persons of that territory who shall be
citizen of India.
How is Indian Citizenship terminated
 Renunciation
 Termination
 Deprivation
 Seclusion
Modes of loosing citizenship
 Renunciation: Article 9 provides person who
voluntarily renunciate citizenship of a country,
he looses the citizenship of that country.
 Sec 8 of citizenship act 1955 if any citizen of
India of full age & capacity make in the
prescribed manner a declaration renouncing
his Indian citizenship ,the declaration shall be
registered by prescribed authority & upon such
registration that person shall ceases to be a
citizen of India.
 Where a person establishes that he had
acquired the citizen of India but the govt
contents that he has subsequently lost the
citizenship by reason of having voluntarily
acquired the citizenship of a foreign state
Modes of loosing citizenship
 Termination: It shall takes place by operation
of law as soon as a citizen of India voluntarily
acquires the citizenship of another country.
 Sec 9 of citizenship act 1955 any citizen of
India who by naturalization ,registration
otherwise voluntarily acquires or has at any
time between 26 th Jan 1950 & the
commencement of the act ,voluntarily
acquired citizenship of another country shall
upon such acquisition or as the case may be
,Such commencement ,cease to be a citizen of
India
Modes of loosing citizenship
 Deprivation:
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A citizen by naturalization,
registration of domicile may be deprived of
citizenship in following circumstances
1.naturalization /Registration obtained by
fraud
2.he shows to be disloyal to constitution
3.During war in which India is engaged
trades with enemy
4.He continuously resided for 7 yrs out of
India
5.After naturalization /registration with 5 yrs
he has been sentenced to imprisonment for at
least 2 years
Modes of loosing citizenship
 Seclusion:
 Sometimes by war /by treaty the union
govt may loose some of its territory.
under such circumstances the citizenship
of the such persons residing in such
territory shall be transferred from India
to that country .
FUNDAMENTAL
RIGHTS
 The inclusion of a chapter on fundamental rights in the
constitution of India is in accordance with the trend of
modern democratic thought.
 It is the function of the state in order that human liberty
might be preserved.
 Fundamental rights were practically to be found in every
constitution that to be found in every constitution that
came into existence after World war I & II.
 The fundamental rights are defined as a basic human
rights of all the citizens the constitution of India
guaranteed elaborate fundamental rights to its citizen in
part 3 of the constitution. so it is very essential for an
individual for his all round development.
FUNDAMENTAL
RIGHTS
 They are very essential for the growth of the
individual personality & to achieve the
welfare of the people
 They establish a government of law & not
of a man
 They give self confidence to the people by
providing equal opportunities & protection
from the law
 They impose negative obligation on the
government not to encroach on individual
liberty
FUNDAMENTAL
RIGHTS
 Fundamental Rights are essential human
rights that are offered to every citizen
irrespective of caste, race, place of birth,
religion or gender. These are equal to
freedoms and these rights are essential for
personal good and the society at large.
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The Right to EQUALITY
The Right to FREEDOM
The Right to Freedom from EXPLOITATION
The Right to FREEDOM OF RELIGION
CULTURAL and EDUCATIONAL Rights
The Right to CONSTITUTIONAL REMEDIES
FUNDAMENTAL
RIGHTS
 Equality before Law :- Right to equality
means that all the citizens are equal to in the
eye of the law & equality before law, article
14 of the Indian constitution guarantees that
all citizens shall be protected by the law of
the Country.
 The expression equality before law & equal
protection of the law may seem to be
identical but actually they mean different
things.
 The phrase ‘equality before law ‘is negative
concept & means the absence of any special
previlage in favour of any individual & the
equal subjection of all classes to the ordinary
law.
FUNDAMENTAL
RIGHTS
 Equal protection of the laws is positive concept
& means the equality of treatment in equal
circumstances. Article 14 is a basic feature of
constitution .It cannot be destroyed even by the
amendment under article 368.
 Social equality and equal access to public
areas:- Article 15 of the constitution states that
no person shall be discriminated on the basis of
caste, colour, language etc. Every person shall
have equal access to public places like public
parks, museums, wells
and temples etc.
However, the State may make any special
provision for women & children
FUNDAMENTAL
RIGHTS
 Equality
in
matters
of
public
employment:Article
16
of
the
constitution lays down that the State
cannot discriminate against anyone in the
matters of employment. All citizens can
apply for government jobs.
 (iv) Abolition of untouchability :- Article 17
of the constitution abolishes the practice
of
untouchability.
Practice
of
untouchability is an offense and anyone
doing so is punishable by law.
 (v) Abolition of Titles:- Article 18 of the
constitution prohibits the State from
conferring any titles. Citizens of India
cannot accept titles from a foreign State.
FUNDAMENTAL
RIGHTS
 Right to freedom
 It is the most important of all rights. freedom right is
known as the soul of fundamental rights. all the 6
rights of freedom are also important. freedom to form
association , freedom of movement , freedom of
profession are the certain rights that give meaning to
different aspect of personality of individual
 freedom of speech & expression
 It enables an individual to participate in public
activities
FUNDAMENTAL
RIGHTS
 the constitution of India contains the right to
freedom given in article 19 , 20 , 21 & 22 with
the view of guaranteeing individual rights that
were considered vital by the framers of the
constitution .
 the right to freedom in article 19 guarantees
the following freedom * freedom of speech &
expression * freedom to assemble peacefully
without arms * freedom to form association /
unions * freedom to move freely throughout
the geographical boundary of the country *
freedom to reside & resettle in any parts of the
territory of India
FUNDAMENTAL
RIGHTS
 RIGHT TO FREEDOM
(i) Freedom of Speech and expression, which enable
an individual to participate in public activities. The
phrase, "freedom of press" has not been used in Article
19, but freedom of expression includes freedom of press.
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(ii) Freedom to assemble peacefully without arms, on
which the State can impose reasonable restrictions in
the interest of public order and the sovereignty and
integrity of India.

(iii) Freedom to form associations or unions on which
the State can impose reasonable restrictions on this
freedom in the interest of public order, morality and the
sovereignty and integrity

FUNDAMENTAL
RIGHTS
 Freedom to move freely throughout the territory of
India though reasonable restrictions can be imposed
on this right in the interest of the general public, for
example, restrictions may be imposed on movement
and travelling, so as to control epidemics.

(v) Freedom to reside and settle in any part of the
territory of India which is also subject to reasonable
restrictions by the State in the interest of the general
public
FUNDAMENTAL
RIGHTS
 Freedom to practice any profession or to carry on
any occupation, trade or business on which the State
may impose reasonable restrictions in the interest of
the general public. Thus, there is no right to carry on
a business which is dangerous or immoral.
FUNDAMENTAL
RIGHTS
 RIGHT AGAINST EXPLOITATION
The abolition of trafficking in human beings
and (forced labour)
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Abolition of employment of children below
the age of 14 years in dangerous jobs like
factories and mines.
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Begar, practiced in the past by landlords, has
been declared a crime and is punishable by law.
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Trafficking in humans for the purpose of slave
trade or prostitution is also prohibited by law.
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FUNDAMENTAL RIGHTS
freedom of religion in India is a fundamental right guaranteed by the
country’s constitution. modern India came into existence in 1947 as a secular
nation & the Indian constitution preamble states that the India is a secular
state . Every citizen of India has a right to promote , practice their religion
peacefully.
 According to the constitution all religions are equal before the state & no
religion shall be given preference over the other . citizens are free to preach ,
practice , & propagate any religion of their choice the objectives of this right is
to sustain the principle of secularism in India. In secular state the state is only
concerned with the relation between man & man , but not with relation of
man with god.
 India has a hindu president Pranab Mukhergee ,muslim vice president
M.Hamid Ansari , a sikh prime minister Manamohan Singh.The leader of the
largest party ‘the Indian national congress’ Sonia Gandhi is an catholic
christian while the leader of the opposition is Sushma Swaraj a hindu. India’s
ex-president A.P.J. Abdul kalam was a muslim out of the 12 president of India
since independence 3 have been muslim & one sikh. India had a prominent
former defense minister George Fernandes a christian.

FUNDAMENTAL
RIGHTS
 RIGHT TO FREEDOM OF RELIGION
 According to the Constitution, all religions are
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equal before the State and no religion shall be
given preference over the other.
Religious communities can set up charitable
institutions of their own.
ii. Activities in such institutions which are not
religious are performed according to the laws laid
down by the government
iii. No person shall be compelled to pay taxes for
the promotion of a particular religion.
iv. A State run institution cannot impart
education that is pro-religion
FUNDAMENTAL
RIGHTS
 India,
being a diverse country with ethnic
backgrounds, religious influence and varied sub cultures, also have minority groups. articles 29 to
30 of the Indian constitution effectively aim to
eradicate this problem by making a provision in
the article known as ‘right to cultural and
educational rights of minority groups’.
 As India is a country of many languages, religions,
and cultures, the constitution provides special
measures, in articles 29 and 30, to protect the
rights of the minorities.
FUNDAMENTAL
RIGHTS
 The cultural and Educational Right
 It is one of the six fundamental right that have been
granted to us in the Indian constitution. this right
allows every citizen of India to have a cultural and
education up to where that person wants.
 cultural & educational rights
articles 29 & 30
Any community which has a language and a script
of its own has the right to conserve and develop it.
All minorities, religious or linguistic, can set up
their own educational institutions to preserve and
develop their own culture.
FUNDAMENTAL
RIGHTS
 This fundamental right is described in the constitution as:
 * any section of the citizens residing in the territory of India
or any part there of having a distinct language, script or
culture of its own shall have the right to conserve the same.
 * 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.
 * All minorities, whether based on religion or language, shall
have the right to establish and administer educational
institutions of their choice.
FUNDAMENTAL
RIGHTS
 Right to Constitutional Remedies(Article 32
to 35)
 This right empowers the citizens to move a court of
law in case of any denial of the fundamental rights.

This procedure of asking the courts to preserve or
safeguard the citizens' fundamental rights can be
done in various ways. The courts can issue various
kinds of writs. These writs are habeas corpus,
mandamus, prohibition, quo warranto and certiorari.
writs
 Right to constitutional remedies is very special right,
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it can be used under following circumstances:
1> If the citizens fundamental rights are violated ,he
can approach a court of law & can restore it.
2>In case of imprisonment , the citizens can ask the
court to see if its according to the provision of law of
the country
3>If the court is satisfied that his arrest is unlawful ,
the person is freed.
4> The court can issue different writs to protect
citizen right. the supreme court & high court can issue
the following writs
writs
 writs of habeas corpus if a person is arrested
unlawfully he can submit an application in court
against the arrest , if a court is satisfied that his
arrest unlawfully the person is freed.
 * writs of Mandamus by issuing this writs the
supreme court / high court can order an employed
corporation , institution or a public body to perform
functions / duties are not being performed
 * writs of prohibition this writs can be issued by
the high court to a subordinate court to instruct it
not to act outside its jurisdiction.
writs
 PURPOSE OF ISSUE
 HABEAS CORPUS :(To produce the body in front of court)
 To realize a person who has been detained unlawfully whether in
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prison or in private custody.
MANDAMUS: We Command ,To secure the performance of
public duties by lower court , tribunal or public authority.
CERITORARI To be certified, To quash the order already passed
by an inferior court ,tribunal or quasi judicial authority.
PROHIBITION :Stay Order To prohibit an inferior court from
continuing the proceedings in a particular case or it has no
jurisdiction to try
QUO WARRANTO: What is the authority?
To restrain a person from holding a public office which is not
entitled.
writs
 THE FUNDAMENTAL RIGHTS ARE DEFINED AS
A BASIC HUMAN RIGHTS OF ALL THE CITIZENS
THE CONSTITUTION OF INDIA GUARANTEED
ELABORATE FUNDAMENTAL RIGHTS TO ITS
CITIZEN IN PART 3 OF THE CONSTITUTION. SO
IT IS VERY ESSENTIAL FOR AN INDIVIDUAL FOR
HIS ALL ROUND DEVELOPMENT