4.1 Philosophy of the Constitution as set out in the Preamble

Introduction

Indian society is multidimensional, but unites when there is a foreign threat. In India, anyone of any religion can be prime minister or president. Indians help each other in the event of a natural disaster. The people are free to enjoy their rights. These are simply possible thanks to our great constitution. Otherwise, in neighboring countries, we find that the prime minister and president have been imprisoned, the government has been overthrown by the army, and political power has been captured by antisocial forces. In India, thanks to the Constitution, we remain united as Indians, follow patriotism, and maintain unity and unity of the nation.

Enactment of the Constitution of India

We have an available history of the development of the Indian Constitution. Morley Mint Reform, 1909, Montague Chelmsford Reform, 1919 India Independence Act, 1935, etc. In 1946, a cabinet mission plan emerged that governed the formation of a Constituent Assembly to organize the Indian Constitution. Members of the Constituent Assembly were elected from the State Legislative Assembly. These members were selected from three groups: i) General, ii) Muslim, and iii) Sikh. They were chosen by proportional representation. There were also expressions given to SC (designated caste), Pulsi, Indian Christians, Anglo-Indian tribes, and even minority and oppressed class communities such as women. The members were talented and skilled people. Parliament (Indian National Congress) won her 208 seats and the Muslim League won her 73 seats, remaining from the other categories. The Constituent Assembly consisted of her 389 members, of whom 296 were from British India and 93 were from the Princely State. The Muslim Federation refused to interfere with the Constituent Assembly.

The first session of the Constituent Assembly lasted on December 9, 1946, under the interim chairman of Sachidan and Sinha. The session was attended by 207 members. On December 11, 1946, Dr.Rajendra Prasad was elected the standing chairman of the Constituent Assembly or the Constituent Assembly.

The Constituent Assembly has passed certain rules regarding the drafting of the Constitution. Therefore, a "Draft Committee" was established to draft the Constitution, and on August 29, 1947, his legal celebrity and constitutional expert, Dr. BR Abmedkar, was appointed as its chairman. .. Dr. B.R. Ambedkar has put all his energy and effort into creating a constitution.

The draft was completed by him on January 26, 1949. The draft was kept for discussion and proposal in front of the general public, and thus the Constituent Assembly, for his eight months (since February 21, 1948). It took 2 years, 11 months and 18 days (including December 9, 1946 to November 26, 1946) to complete the Constitution. The Constitution came into force on January 26, 1950.

Constitutional Philosophy

Goal Resolution:

The preamble of the Indian Constitution is the most important part, which includes the principles of basic rights and directives together, and is also the purpose and ideal of the Constitution. The philosophy of the Constitution is none other than the values, ideals, purposes, and purposes on which the Constitution stands. The first session of the Constituent Assembly was held in New Delhi on December 9, 1946, under the interim chair of Dr. Satin DanandSinha. On December 11, 1946, Dr.Rajendra Prasad was unanimously elected Chairman of the Constituent Assembly. On 9 December 1946, Pt. Jawaharlal Nehru unanimously approved on 22 January 1947 and moved the "Purpose Resolution" adopted by the Constitutional Assembly. The objective resolution reflects the high ideals and philosophies that influenced the formation of the Indian Constitution at all stages thereafter. The philosophy embodied in these ideals and objective resolutions is truly reflected in the preamble of the Constitution of India. This objective resolution emerges as a sovereign republic with its power and authority from those who should guarantee social, economic and political justice and to each individual as equality of status and opportunity to all. Focused on the concept of India to do, which was a firm determination and commitment to establish a sovereign democratic republic in India.

The philosophy of the Constitution is reflected in the following preamble:

We, the people of India, constitute India as a sovereign, socialist and secular democratic republic and guarantee all citizens freedom of justice, society, economy, politics, thought, expression, faith, faith and worship. Solely determined to do, equality of status and opportunity, and promoting among them all fraternity that guarantees personal dignity and national unity and integrity

On November 26, 1949, our Constituent Assembly adopted, enacted, and gave it to ourselves. The rest of the Constitution came into effect on January 26, 1950. Thus, the Constitution derives its authority from the Indian people (not a gift from the British Parliament).

The people have the freedom to choose the government and have the right to play an active role in deciding which law governs them. The basic and natural rights of the people are respected by the authority of the government. There must be.

India became republic on her January 26, 1950. India decided to be a member of the Commonwealth of Nations, but did not recognize its loyalty to the royal family. The Constitution of India reiterates the promotion of international peace and the maintenance of fair and prestigious relations between nations (Article 51).

The Constitution imposes equality on all citizens in the question of the choice of representatives who run government agencies. Unlike the theoretical state provisions, the Indian Constitution opens all authority to Indian citizens of all religions.

Government must belong to the people, by the people, for the people. This was to be guaranteed by the introduction of universal suffrage. The government for the people gives our constitution a socialist character. The Constitution promises that all governments will provide equal opportunities for all citizens.

The Constitution of India does not aim to completely abolish property, but to limit it so that it can be used for the benefit of the state. This is aimed at equal opportunity and the abolition of vested interests.

Secular states guarantee religious freedom. The dignity of an individual is respected by the provisions of fair and humane working conditions (Article 42) and a decent standard of living (Article 43). The state of India must play an active role in accelerating the process of achieving social equality based on justice and welfare for all civil groups.

The guiding values ​​of the Indian Constitution can be summarized as including equality, freedom, secularism, socialism and internationalism. These values ​​set the parameters under which the Constitution of India must work.

Key takeaways:

4.2 The structure of the Constitution-the Preamble, Main Body and Schedules

The structure of the Constitution is split into the Preamble, the Main Body and the Schedules. The main structure of the constitution can't be changed totally as there is provision of Amendment to that. The Indian Constitution contained XXII parts, 395 Articles and 12 Schedules. In this structure the each and every provision has been discussed thoroughly and so got it passed within the Constituent Assembly.

Preamble

A preamble means a preface, a preface, or an introduction to a literary or academic work. This is the first statement that guides the reader, and thus the performer of the instruction, to guidance on performance. The preamble to the Constitution of India, though different in nature, reveals the spirit of Indian society. It reflects the sustainable goals of India's political system, and therefore ideals are required to be achieved through the medium of the Constitution.

The preamble begins as follows:

"We are the people of India, and we are solemnly determined to make India a sovereign, socialist, socialist and democratic country and to ensure the security of all our citizens.”

Justice: social, economic and political.

Freedom: Thought, expression, belief, faith, worship.

Equality: Equality of status and opportunity. And to promote among all of them

Fraternity: Guarantees personal dignity and national unity and integrity.

Adopted and enacted here at the Constituent Assembly on November 26, 1949, and give this constitution to ourselves. Added by the 42nd Constitutional Amendment in 1976. The preamble now needs to be refined word for word according to its hidden values, ideals, purposes, and philosophies.

WE THE PEOPLE OF INDIA means that the people of this country adopt and enact their own legal body, the Constitution. On behalf of the people, his founder and chief designer of the Constitution, Dr. B.R. Ambedkar, created this Constitutional document. Rather than adopting and enacting them themselves, the people are the ones who make the constitution. They are the people who are determined to make up India and their representatives.

Ruler, Socialist, Secular, Democratic Republic:

The Indian people make India a sovereign state. The term "SOVEREIGN" means freed from internal or external control, the Constitution was not a gift from the British Parliament, and therefore the Indian people could build their own legal body. It suggests that you can do it. To this end, they sent representatives to Parliament, the Constituent Assembly. There are no restrictions or restrictions on the borders of the Indian people with the Constitution.

The term "socialist" was not part of the 1950 preamble, but was inserted by the 42nd Constitutional Amendment in 1976. We secure the means of production and guarantee the fair and equitable distribution of daily necessities. The term is said in a partial way to Marx's socialism. All citizens have the right to earn a living and improve their standard of living.

The term "SECULAR" was also not part of the preamble in 1950. It was inserted in the preamble by the 42nd Constitutional Amendment Act of 1976. The term secular emphasizes the fact that the state of India has no state religion and gives all citizens complete freedom of worship and religion. It does not encourage, discourage, or discriminate against any particular religion. This shows the fact that the state is completely neutral. The spirit of secularism guarantees freedom of conscience and the right to freely profess, practice and spread one's own religion, Article 25 of the Constitution. Is fully reflected in. According to former Indian President R. Venkanta Raman, secular India means "India is not pro-religious, non-religious, or anti-religious."

The term "democratic" in the narrow sense refers to the type of government chosen by people based on the idea of ​​universal suffrage. In a broad sense, it refers to the lifestyles of people and various social organizations. The Government of India relies on representative parliamentary democracy, where the government is responsible for sovereign legislative bodies. There are different types of democratic governments, including Presidential (USA), Kingship (England, Australia, New Zealand), and democracy where India has adopted a parliamentary system.

The term "republic" means that the chief of the Indian state is elected as chief and is not a secular ruler by kingship. It also means that the highest power of the state is given to the people and is in the authority of the elected representatives of the people. Also, the term "republic" means that all government offices do not discriminate against all citizens. Means to accept.

Justice, freedom, equality, philanthropy:

In addition, the preamble emphasizes that Indian citizens should receive justice in three ways, such as social justice, economic justice, and political justice. The designers of the Constitution have made this justice arrangement very wise. Without social justice, there can be neither economic justice nor political justice. Indian society composed of caste, class religion, and race. Based on this, discrimination arose among the Indians themselves. Therefore, the Constitution cultivates a healthy and social attitude among people, and the nation must be a nation accordingly. Social justice is often realized only by "being treated unequally is not equal to being treated equally," as in Aristotle.

The next step in preamble justice, which is safe for the Indian people, is financial justice. All his Indian citizens have the right to measure and earn their livelihoods. We need to make employment opportunities available with a view to social justice. The Directive Principles of National Policy make it clear that there is no discrimination between individuals regarding the way they think about their economic status. The state is expected to enact legislation and transform the notion of social and economic justice into reality.

Political justice is possible only when social and economic justice is achieved. Previously, in India and many countries around the world, only wealthy people with high social status were given voting rights. However, the Constitution of India grants all Indian adult citizens universal suffrage without discrimination in caste, race, religion, gender, wealth, status, etc. for political justice.

Therefore, the concept of social, economic and political justice contained in the preamble aims to promote this revolution by promoting the goals of the social revolution and establishing the conditions necessary to achieve it. I will.

The preamble includes that freedom of thought, expression, belief, belief and worship is reserved for Indians. The Constitution of India guarantees citizens the freedom that everyone without prejudice has the right to think and express his or her opinion without prejudice to the freedom of others. They can convert to any religion, worship any god or goddess, and believe in all kinds of philosophies they need. That is the six types of freedom stipulated in Article 19 of the Constitution.

The preamble refers to the equality of all Indian citizens, without discrimination of any kind. He has two perfect equalities, such as equality of position and equality of opportunity. All Indian citizens, regardless of caste, religion, race, gender, language, etc., are treated equally before the law and have equal opportunities to make economic progress. Also, in accordance with Article 16 (4), the state has enacted legislation that clarifies that it has the right to reserve jobs and positions in favor of younger citizens. This provision also facilitates the explanation of justice by providing protective discrimination to the classes of those who have suffered due to the historical situation of the caste system. This is the justice of inequality being treated as inequality.

The preamble also stipulates that the Constitution is guaranteed to promote fraternity among Indians, which guarantees individual dignity and thus national unity and integrity. BR, Chief Architect of the Constitution. "Fraternity is a common sense of brotherhood and, therefore, a principle that brings unity and solidarity to social life," Ambedkar said. "Without the equality and freedom of fraternity, it is not deeper than a paint coat. Would be." Therefore, diversification of freedom, equality and friendship from the opposite should be seen as forming a "trinity coalition" in the sense that it defeats the very purpose of democracy, not as an individual purpose. Not.

All of the above provisions facilitate the adoption, enactment and provision of the Indian people in the Constitution approved by the Constituent Assembly on November 26, 1949.

Main Body of the Constitution:

The main body of the Constitution of India consists of 22parts, 395 articles and 12 schedules and they are elaborated thoroughly in these provisions.

The Part I consists of Articles nos.1-4. Article No.2 deals with Name and Territory of the Union and establishment of new states. Article 3 mentions about the provisions of formation of latest states and alteration of areas, boundaries or names of new states. Article 4 provides the amendment of the first and therefore the Fourth schedules and supplemental, incidental and consequential matter concerning Articles nos.1&3.

Part II- Citizenship:

The part II consists of Article nos. 5 to 11 in reference to citizenship.

Article 5 relate with the citizenship at the commencement of the constitution.

Articles 6-11 provides for rights of citizenship for migrants to and from Pakistan, or outside India and therefore the right of the Parliament to continue and regulate it.

PART III- FUNDAMENTAL RIGHTS:

Part III deals with Fundamental Rights for Indian Citizen elaborated in the Article nos12 to 35.

The fundamental Rights are the right to Equality, Right to Freedom, Right against Exploitation, Right to Religion, Cultural and educational Rights and Right to Constitutional Remedies.

The right to Property was deleted by the 44th Constitutional Amendment Act, 1978.

PART IV- DIRECTIVE PRINCIPLES OF STATE POLICY:

It includes Articles from 36 to 51 wherein the constitution has directed the state to be welfare state and execute the values, principles of equality, liberty, justice, social justice, health, industrialization, education generally and of weaker sections, etc. Thought the govt... Can’t be pulled in the court for the violation of the Directive Principles but it's also taken as an obligation of the govt. On become the welfare state. Because of fear of not getting elected again, the govt. Must do the public works continuously and is elaborated in their part.

PART IV –FUNDAMENTAL DUTIES:

In the 1950’s originally the constitution didn't contain separate Fundamental Duties for the citizens of India because it was natural that everyone respects everybody’s Fundamental Rights. But by the 42nd Constitutional Amendment Act, 1976 it had been separately provided for the 11 fundamental duties for the Indian citizens.

PART V- THE UNION:

The Part V contains 5 chapters associated with individual subject. Chapter I am titled as ‘THE EXECUTIVE’ and contain Articles from 52 to 78.

Articles 52 to 73 deals with the powers and functions of the President and vice president Articles 74 & 75 provides for the formations of Council of Ministers and its functions. Article 76 makes provisions of appointment and powers, functions of Attorney General of India. Articles 77 & 78 pertain to conduct of state Business and functions and duties of Prime Minister.

Chapter II is titled as ‘Parliament’ and contain Articles from 79 to 122.

Articles 79 to 88 deals with formation and constitution of Parliament Articles 89 to 98 provides for the officers of the Parliament. Article 99 to 100 deals with the conduct of Business of the Parliament.

An article 101 to 104 makes mention of disqualification of members and therefore the vacant seats.

Articles 105 and 106 deals with the Powers, Privileges and Immunities of Parliament and its Members

Articles 107 to 111 provide for the Legislative Procedures of the Parliament Articles 112 to 117 are associated with Procedure of Parliament in Financial Matters.

Articles 118 to122 provides for the procedure Generally of the Parliament.

Chapter III is titled as ‘LEGISLATIVE POWERS OF THE PRESIDENT’.

In this chapter Article 123 explains the powers of the President during recess of the Parliament to promulgate ordinances.

Chapter IV is titled as ‘THE UNION JUDICIARY’ and contain Articles 124 to 147. These Articles provide for the composition, powers and jurisdiction of Supreme Court of India. Article 143 mentions the powers of the President to consult Supreme Court.

Chapter V- titled as ‘COMTROLLER AND AUDITOR GENERAL OF INDIA’. This chapter contain Articles 148 to 151 and elaborates the appointment, duties, powers of (CAG) Controller and Auditor General of India.

PART VI THE STATES:

This part contains VI chapters and Articles from 152 to 237 regarding the State Level provisions. Chapter I is concerning General wherein Article 152 defines the State and its limits. Chapter II is titled as ‘THE EXECUTIVE’ and lies in the Articles from 153 to 167. Article nos.153 to 162 elaborates the Governor, its appointment, powers and functions thus far Articles nos.163 and 164 details about Council of Ministers. Article no.165 provides for ‘The Advocate General of State’.

Articles 166 to 167 deals with ‘Conduct of government Business’ in states, duties of Chief Ministers etc

Chapter III is titled as ‘THE STATE LEGISLATURE’ and contain Articles from 168 to 212. Articles 168 to 177 explain generally the constitution of Legislature in States, legislative assembly and legislative council.

Articles 178 to 187 talks of officers of the State Legislature like the Speaker, Deputy Speaker of Assembly, Chairman and Deputy Chairman of Council, Secretariat etc.

Articles 188 to 189 mentions of ‘Conduct of Business of Legislature’

Articles 190 to 193 elaborates the disqualification of members ( MLA’s and MLC’s) because of vacation of seat or the other reason. Articles 194 and 195 provides for the powers, privileges etc. of the houses of Legislatures and their members.

Articles 196 to 201 explain the Legislative Procedure like passing the Bills etc. whereas Articles 202 to 207 provide for the Procedure of Legislature in reference to Financial Matters.

Articles 208 to 212 deals with procedure generally wherein rules are explained:

Chapter IV titled as ‘LEGISLATIVE POWERS OF THE GOVERNOR’ which are explained by the Article no.213. E.g. Power of Governor to promulgate Ordinances during recess of Legislature

Chapter V titled as ‘THE HIGH COURTS within the STATES’ contain Articles 214 to 231 which provides for the appointment, powers and jurisdiction of the High Courts within the States.

Chapter VI titled as ‘SUBORDINATE COURTS’ and contain Articles 233 to 237 and detail about the appointment, powers and jurisdiction of district and subordinate judges. Article 232 has been repealed from the constitution.

PART VII even have been repealed as per Article no.238 & seventh Constitutional Amendment Act, 1956

PART VIII- THE UNION TERRITORIES:

This part contains Article 239 to 242 and elaborates the administration of Union Territories, special status to Delhi, the powers and functions of President and therefore the High Court’s etc.

PART IX- THE PANCHAYATS:

This consists of Article 243 and explains the constitution of Panchayat Raj & Local Self Government. It also provides for the constitution of Municipalities its powers and functions. Within the same sub-article there's provision of Finance Commission.

PART X:

This contains Article 244 wherein we discover the provisions of the administration of Scheduled Areas and Tribal Areas like in Assam.

PART XI:

This is titled as ‘Relations between the Union and therefore the States’ and contain two chapters. Chapter I states as ‘Legislative Relations’ and consists of Articles 245 to 255. They provides for the powers of parliament and State Legislature. Chapter II elaborates Administrative Relations between Union Government and the government Between Articles 256 and 263 it's detailed about disputes concerning water and co-ordination between states and the role of the Union.

PART XII- FINANCE, PROPERTY, CONTRACTS AND SUITS:

These parts have four chapters and contain Articles 264 to 300. Chapter I is said to Finance and from Articles 264 to 267 isprovides with General like taxes imposed, consolidated funds, contingency fund and public accounts. Articles 268 to 281 makes mention of distribution of Revenues between the Union and therefore the States. Again Article 280 provides for Finance Commission. Articles 282 to 290 are related with miscellaneous financial provisions.

Chapter II titled as ‘Borrowing’ and consists of Articles 292 and 293 and mentions of Borrowing by the govt. Of India and therefore the State.

Chapter III titled as ‘Property, Contracts, Rights, Liabilities, Obligations and Suits and contain Articles between 294 and 300. It provides for the succession. A property assets, rights, liabilities and obligations also contracts and suits and proceedings.

Chapter IV is titled as ‘Right to Property’ where Articles no.300 A provides that persons to not be deprived of property save by authority of law.

PART XIII titled as ‘Trade, Commerce and Intercourse within the Territory of India’. This part contains Articles 301 to 307 wherein provisions are made for freedom of trade, commerce, powers of parliament to impose restrictions etc.

PART XIV is titled as ‘Services’ under the Union and therefore the States’ and is split into two chapters. It consists of Articles 308 to 323. Chapters I within the Articles 308 to 314 provides for the Recruitment and Conditions of Services of persons serving the Union or a State.

Chapter II is titled as ‘Public Service Commission’ where between the Articles 315 to 323 it makes provision for the UPSC and State Public Service Commission, its functions etc.

PART XIV A and its articles 323A & 323B are provisions of Administrative and other Tribunals.

PART XV is titled as ‘Elections’ and lies between Articles 324 and 329 wherein the provisions of committee, its head its powers and functions are made.

PART XVI- titled as ‘Special Provisions concerning Certain Classes’.

This part contains Articles 330 to 342 and provides for the Reservation of Seats for SCs and STs, Anglo-Indians in Union and State Legislature and services.

Articles 338 and 338 A provides for the National Commission for SC’s & ST’s respectively.

Articles 340 makes provisions for the appointment of a Commission toinvestigate the condition of backward classes like OBC’s, NTs, and SBCs etc.

PART XVII titled as ‘Official Language’ and has four chapters. It's articles from 343 to 351. Chapter I (Art -343-344) mentions of Official language of the Union and its Commission, Committees of Parliament would be as Hindi.

Chapter II provides for the Regional languages elaborated in the articles 345 to 347. Chapter III mentions of the language of the Supreme Court, High Courts etc. in English and then is translated by the State into the regional language of the State.

Chapter IVprovides the Special Directives within the articles 350 to 351 wherein facilities for mother tongue at primary stage and Special Officer for Linguistic Minorities as also the Directives for development of the Hindi language.

PART XVIII titled as ‘Emergency Provisions’ contain articles 352 to 360. In this part article nos.352, 356 and 360 provide for the proclamation of Emergency like National Emergency, Emergency because of Constitutional failure in State and financial Emergency respectively.

PART XIX titled as ‘Miscellaneous’ contain articles 361 to 367 within which provisions of protection of President and Governors and vice-versa are made.

PART XX is titled as ‘Amendment of the Constitution wherein only article 368 is provided for the power of Parliament to amend the constitution and procedure. Therefore

PART XXI titled as ‘Temporary Transitional and Special provisions’ lies between articles 369 to 392. In these articles the provisions are made where new states are created, special provisions for judges of high courts, CAG, UPSC, etc.

PART XXII is titled as ‘Short Title, Commencement, Authoritative Text in Hindi and Repeals like ‘Indian Constitution’ as a title and to this document and authoritative text within the Hindi language. Article 395 is repealed.

Schedules:

There are 12 Schedules which mentions of varied provisions.

1. First Schedule

I-The States-List of all States II-The Union Territories.

2. Second Schedule:

Part A- Provisions on the President and also the Governors of States. Part B(Repealed) and Part C mentions of Speakers of LokSabha, RajyaSabha, State Assemblies and Councils.

Part D- Provisions on the Judges of the Supreme Court and of the High Courts

Part E- Provisions on the Comptroller and Auditor General of India

3. Third Schedule- Former of Oaths or Affirmations

4. Fourth Schedule- Allocation of seats within the Council of States

5. Fifth Schedule- Provisions on the Administration and control of Scheduled Areas and Scheduled Tribes.

Part A- General.

Part B- Administration and Control of Scheduled Areas and Scheduled Tribes.

Part C- Scheduled Areas.

Part D- Amendment of the Schedule.

6. Sixth Scheduled- Provisions on the Administration of Tribal Areas within the States of Assam, Meghalaya, Tripura and Mizoram.

7. Seventh Schedule List I – Union List II-State List

List III- Concurrent List

8. Eight Schedule- Languages.

9. Ninth Schedule- Validation of certain Acts and Regulations.

10. Tenth Schedules- Provisions on disqualification on ground of defection.

11. Eleventh Schedule- Powers, authority and responsibilities of Panchayats

12 Twelfth Schedule-Powers, authority and responsibilities of Municipalities, etc.

Key takeaways:

4.3 Fundamental Duties of the Indian Citizen

Basically, Fundamental Rights always corresponds to the fundamental duties of every citizen; therefore, the founding fathers of the constitution must had not specified them. When one individual knows or enjoys his fundamental rights at the same time others also do and show respect for them i.e. duty.

In 1976, there was 42nd Constitutional Amendment Act which is named because the 'Mini Constitution1 by some experts. Article 51-A provided the fundamental duties of Indian citizen which are as follows:- [Effective from 3rd Jan. 1977]

India's basic obligations are guaranteed by the Indian Constitution of Section 51A, Part IVA. These basic obligations are recognized as moral obligations that not only support national and civil harmony, but also serve in practice to support the spirit of nationalism. These obligations relate to individuals and nations. However, these basic obligations are not legally enforceable. In addition, citizens have a moral obligation to carry out these obligations by the Constitution. These basic obligations were added by the 42nd Amendment Act of 1976.

Article 51A of the Constitution sets out 10 basic obligations of citizens. These obligations can be categorized as environmentally related, and can be nations, obligations to nations, or even obligations to oneself. However, the main purpose of incorporating the basic obligations is to promote the patriotism of the people.

International documents such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights contain references to these fundamental obligations. These basic obligations are commitments that extend not only to citizens but to the whole country. According to the basic obligation, all citizens must respect the national symbol and the national constitution. The basic obligations of land are to protect the equal rights of all individuals, protect the environment and public property, raise the scientific temperament, deny violence, fight for excellence and provide compulsory education. In 2002, the 86th Constitutional Amendment added the 11th Basic Obligation. All citizens who are parents or guardians can provide educational opportunities to children between the ages of 6 and 14 or, in some cases, the ward.

Fundamental Duties of Indian Citizens are as follows -
a.  To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

b. To cherish and follow the noble ideals which inspired our national struggle for freedom;

c. To uphold and protect the sovereignty, unity and integrity of India;

d. To defend the country and render national service when called upon to do so;

e. 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;

f. To value and preserve the rich heritage of our composite culture;

g. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

h. To develop the scientific temper, humanism and the spirit of inquiry and reform;

i. To safeguard public property and to abjure violence;

j. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

The Fundamental Duties of Indian citizens serve an imperative purpose, as a democratic polity cannot succeed if the citizens refuse to assume responsibilities and duties and are not enthusiastic to be active participants in the process of governance. The Fundamental Duties are considered as the responsibilities which should be performed by each and every civilian of India.

Importance of Fundamental Duties:

Key takeaways:

4.4 Tolerance, peace and communal harmony as crucial values in strengthening the social fabric of Indian society

The value of tolerance, peace and social harmony

Due to the multidimensional nature of Indian society, we are constantly faced with disagreements and disagreements on issues such as religion, caste, race, color, gender, region and language. We will strengthen it together. Apart from this, there are some values ​​that flavour tolerance, peace and community harmony among young people and young people, and thus Indian citizens. Therefore, we describe these values ​​as follows:

Value of tolerance

Tolerance is defined as a sense of understanding and respecting the feelings of others. In India as a diversity of religions, castes, beliefs, regions and languages, tolerance is a very important value that all Indians must develop among themselves. In this complex, the opinions of others. Understand that disagreement is a common phenomenon in a country like India, so it is necessary to listen carefully to other opinions expressed by anyone and counter them in a peaceful manner is needed.

Importance of tolerance:

i. Tolerance is an important value in understanding a person's personality (humanity).

Ii. Tolerance guides people to compromise and coordinate in society.

Iii. Tolerance can stop conflicts and conflicts between people and establish peace.

Iv. In a complex society like India, the pursuit of a harmonious relationship is the first condition, and only tolerance can maintain it.

v. Tolerance helps democratic societies flourish and prosper.

Vi. Also, teach the person a liberal way of thinking about disagreements.

Vii people can respect the perspectives of others, even if they disagree with their beliefs.

Viii. Tolerance is an important value to achieve if India wants to prosper economically and become a great power.

Ix. Tolerance makes it possible to establish equality between humans and implement the provisions of the Constitution.

x. Tolerance helps reduce conflicts between groups such as communism, casteism, linguistics, and regionalism, and can build community harmony as a possible goal of the Indian Constitution.

Therefore, tolerance can promote national integration, establish national unity, and inculcate patriotism among its citizens.

Peace and communal harmony

Peace way that there may be no war. It is unfastened from any shape of human battle or violence. When there may be peace withinside the country, humans can progress, broaden and prosper. This will permit the same old of residing of all residents to improve. Peace creates trust, tolerance and brotherhood amongst humans.

India is a rustic with many religions, non secular beliefs, customs and cultures and is an vital instance of network concord with the international.

The significance of peace and communal harmony

It improves the financial overall performance of the country.

Helps convey cooperation amongst humans in distinctive communities.

It fosters a feel of brotherhood and decreases network conflicts.

It brings fulfillment to the lifestyles of each individual.

Reduce social crime.

Promote innovation.

This permits us to stay in a higher international and create a higher international for the following generation.

Key takeaways:

People can respect the perspectives of others, even if they disagree with their beliefs.

4.   Peace way that there may be no war. It is unfastened from any shape of human battle or violence.

5.   When there may be peace with inside the country, humans can progress, broaden and prosper. 

6.   It improves the financial overall performance of the country

4.5 Basic features of the Constitution

BASIC FEATURES OF INDIAN CONSTITUTION

The founding fathers of our charter studied the numerous constitutions to be had withinside the numerous nations of the arena and collected the selected concepts which is probably appropriate to Indian social-political, economic, cultural, non secular conditions. The Constitution of India has supplied the Indian citizen the great of the gadgets for main a satisfied and non violent life. Therefore, the crucial capabilities of it are as follows:-

The Lengthiest Written Constitution in the World:

When Indian Constitution changed into prepared, it had 395 articles nine schedules and 12 parts. It is maximum precise written record. The USA charter has best 7 articles, the Australian charter has 128 articles and consequently the Constitution of Canada has 147 articles. Indian Constitution offers the info of administrative machinery, execution, law and implementation info of the judiciary. The country  like England has no written Constitution at all.

According to the Constitutional Amendment no ninety two in the year, 2003, the Indian charter is consisted of 447 Articles, 12 schedules and 26 parts.

Indian Constitution is known as the lengthiest Constitution due to the following reasons:

1. Many Constitutional Mixtures: The Indian Constitution is a mixture of constitutions. The Constitutional Framer has studied the various constitutions of the world, incorporating only the best features and paying attention to the flaws encountered. For example, the concept of basic rights is inspired by the American Constitution. In the United States, basic rights are absolute, but in India there are reasonable restrictions due to public order and morals, etiquette, and morality. In terms of the Constitution of India being a "borrowing constitution," Dr. Bimlao Ambedkar said: More than 100 years have passed when the first written constitution was drafted. Since then, many other countries have reduced their constitutions in writing ... Given these facts, all the constitutions of the main provisions need to be similar. Even if there is a new constitution built at the end of the day, it is only a variation made to eliminate flaws and meet the needs of the country. "

The rules obtained from the various sources are as follows:

Indian Governance Act of 1935

Federal system

Governor's office

Judiciary

Public Service Committee

Emergency preparation

Management details

United Kingdom

Parliamentary government

Rule of law

Legislative procedure

Single citizenship

Cabinet system

Privileged warrant

Parliamentary privileges

Bicameral system

Ireland

National Policy Directive Principles

Nomination of members to Large Yasaba

How to elect the president

United States of America

Impeachment of the president

Functions of President and Vice President

Dismissal of judges in the Supreme Court and the High Court

Basic rights

Judicial review

Judiciary independence

Preamble to the Constitution

Canada

Federation with a strong center

Remainder vesting at the center

Appointment of Governor by Center

Supreme Court Advisory Jurisdiction

Australia

2. Detailed administrative rules: Constitutional lawmakers provide very detailed rules on domestic administrative procedures and functions. In this order, another article is provided that provides details on the functioning of the judiciary (Articles 124-147 for Union, Articles 214-231 for State), Election Commission (Article 324). ), Civil Service Committee (Articles 315 to 323), Judiciary Class Committee (Article 334B), Scheduled Castes (Article 338), Scheduled Tribes (Article 338A), etc. Apart from these, it also provides the functions of the Governor-General of India (Article 76), the Legal Officer, and each Legal Officer. State (Article 165), Legal Officers and Audit & Supervisory Board Members (Articles 148-151), Language Minority Special Officers (Article 350B), etc.

3. Inclusion of Unit Provisions: The US Constitution deals only with federal activities, not states. The Constitution of India provides provisions for both the Union and its units, the states. There is Part V (Articles 52-151) dealing with coalitions and Part VI (Articles 152-237) related to state regulations. Apart from these, there are Part VIII (Article 239 – 242), which deals with Union Territory, and Part IX (A) (Article 234p – 243zq), which deals with Panchayati and municipalities.

4. Special provisions for states: These states are given various special provisions to meet local issues and requirements in a particular state. As with its founding, there are the following articles dealing with the special status of the following states:

Article 370 – Jammu and Kashmir

Article 371 – Maharashtra and Gujarat

Article 371a – Nagaland

Article 371b – Assam

Article 371c – Manipur

Article 371d – Andhra Pradesh

Article 371f – Sikkim

Article 371g – Mizoram

Article 371h – Arunachal Pradesh

Article 371i – Gore

Article 371j – Karnataka

Apart from these, there are many provisions such as basic rights, national policy directive principles, basic obligations, strict and flexible processes of amendment, judicial review, legislative and administrative powers, official language, anti-deficiency law. Our Constitution, "The Longest Constitution in the World".             

Popular Sovereignty:

It is really said withinside the preamble that India isn't always beneathneath any outdoor control. It’s a sovereign state beneathneath the human beings. The human beings may have proper to choose their representatives to rule for themselves to the govt. Hence, India capabilities a democratic device of state. Any citizen who's above 18 years elderly no matter religion, creed, caste, region, property, wealthy or bad, individual can execute grownup franchise and feature his represented for his/her welfare. It is very of tremendous provision inthe charter that the man or woman can also be from dire poverty or from an Industrialist may have proper to at least one vote and one vote may have one value. Therefore, famous sovereignly is extraordinarily vital function of the Constitution of India.

Partly Rigid and Partly Flexible:

When we study our constitutional record then we come to apprehend that sometime, someplace the articles of the charter are very inflexible to shape any change and someplace a few articles are without problems amended constant with the state of affairs exists. The article 368 of the Constitution gives for the change. At the identical time, simply in case of Jammu & Kashmir, the parliament possesses restricted rights to intrude withinside the affairs of this state. As towards this, during57 yrs. There are ninety two amendments are made withinsidethe charter and states like Nagaland , Sikkim, Jharkhand, Chhattisgarh etc. are newly created. Many articles are delivered constant with the existing context.

Provision of Fundamental Rights:

The charter of India ensures the fundamental Rights to every person no matter birth, caste, creed, sex, religion, race, language, region, age, education, wealthy, bad etc.: Articles from 12 as much as 35 mentions of Fundamental Rights.

The Fundamental Rights are as follows: - .

1) Right to Equality (equality earlier than regulation for everyone).

2) Right to Liberty (consists of freedoms).

i) Freedom of speech and expression;

Ii) Freedom of assembly;

Iii) Freedom of exercise any career or occupation;

Iv) Freedom of union or expert organization;

v) Freedom of staying everywhere in India;

Vi) Freedom to transport everywhere in India;

3) Right to freedom of faith.

4) Right towards Exploitation.

5) Cultural and educational Rights.

6) Right to Constitutional Remedies.

i) Habeas Corpus,

Ii) Mandamus,

Iii) Prohibition,

Iv) Quo-Warranto and

v) Certiorari.

* The Right to Property are deleted from the Constitution in 1979 via way of means of forty fourth change.

* Article 17 of the charter have abolished the exercise of Untouchability and it is taken into consideration an offence cognizable.

* Article 23 prohibits pressured labour.

Thus via way of means of the availability of Fundamental Rights the charter have woven the thread of team spirit of the Indians.

Basic duty:

The Constitution also stipulates the basic obligations of all citizens / nevertheless it was clear that when basic rights were identified, they should not infringe the rights of others. But 1976 With the 42nd Constitutional Amendment of the year, the government clarified its basic obligations.

Federal system using unitary bias:

The Constitution has superiority over all governments. Authority is divided between various states and states between federal governments. It also provides a single citizenship. Central and state governments must fulfill their powers and obligations for each legislative and enforceable subject. The Constitution divides the subject into three lists: the central list, the state list, and the concurrent list. Currently, there are 99 subjects in the central list, 61 subjects in the state list, and 52 subjects in the concurrent list. This means that the central government can pass the bill and only legislate on the subjects listed. So far, the subjects listed in the simultaneous list can be enacted by both the center and the state. But because of a single prejudice, central government legislation is best against the state. This means that you can experience equal sharing of authority between the state and the federal government, but in the event of an emergency (due to the collapse of the Constitution), the central government may dissolve the state government.

Parliamentary Democracy:

We have adopted parliamentary democracy with the president as the head of constitution and head of government. This means that the Prime Minister and the Council of Ministers are representatives of the President. Therefore, it can be said that the president is the nominal chief of the federal government and that the prime minister has substantial power.

The parliament is bicameral and consists of i) Loksabha and ii) Rajyasabha. These homes pass various laws and laws by a majority of parliamentarians.

National Policy Directive Principles:

It turns out that these principles are provided in the articles in Articles 36-51. These are exorbitant instructions and guidelines for the government. It is necessary to keep these principles in mind for the welfare of the governmental people and to achieve the necessary conditions within the concept of the welfare state. You cannot oppose a breach of these principles in court. Nevertheless, the government must follow these instructions to take over the next administration,otherwise people will not be able to obtain such parties elected in the future by ballot boxes. Let's go. For example, Article 45 of the Constitution provides for free compulsory education for children aged 6 to 14 years. Therefore, the government starts schools, appoints teachers, pays salaries and builds school buildings. Therefore, this feature plays a very important role.

Secularism Principles:

The word "worldly" was adopted in the 42nd Amendment of the Preamble to the Constitution in 1976. This suggests that there is no religion in the state. At the same time, the government will not support any religion and will not deny other religions. The state will never interfere with its religious affairs.

Religion has an influence on any government. Citizens have rights to any religion and worship any god or goddess. It is only because of this constitutional secular nature that he became president and prime minister from all religions and communities.

Single citizenship:

The American Constitution gives its citizens "double citizenship", one on behalf of the country and the other on behalf of the state. In contrast to the current Indian Constitution, it is simply It is not granted to a state, only to one citizenship, the country. Due to the diversity of the nature of Indian society, states should not be loyal to their own state alone. Therefore, one can live anywhere in the country, be educated and participate in a profession or profession. He also introduces himself, "I am the first Indian." Single citizenship connects Indians to a sense of unity and unity.

Judicial independence agency:

The Constitution of India is one of her three major institutions: the legislature, the government and the judiciary. More rights and freedoms are given to the judiciary. The principles, laws and regulations regarding the appointment, rights and powers of the Supreme Court, the High Court, and subsequent courts, and their judges, are clearly stated in the Constitution. Judiciary is exempt from legislative and administrative authority. The judgment made by the judiciary becomes the law.

Judicial review:

The Supreme Court and the High Court are guardians of the Constitution. They also need to have the right to interpret the provisions of the Constitution. Therefore, before enacting a law or law, the government should be investigated by the Constitution and be careful not to violate the provisions of the Constitution. Parliamentary councils and parliament may be wrong in passing legislation that can require courts to reconsider the choices made by the government. The Supreme Court, and therefore the High Court, may declare such law invalid or unconstitutional if it violates the provisions of the Constitution.

The end of the old order and the rise of the new order:

Our Indian Constitution is truly revolutionary. For the past and thousands of years, power was governed by the provisions of the Manusmriti, but instead it now operates according to the provisions of the Constitution. The Constitution guarantees equality, freedom, friendship, justice, equal opportunity, etc., denied to certain sections of society. There is now no discrimination based on gender, caste, creed, religious language, region, rich or poor. The Constitution abolishes untouchableness and calls it a punishable crime. It also protects women, children, and historically underprivileged or oppressed classes. Therefore, the old order of Mansmirti has disappeared and a new order of the Constitution has risen.

Adopting good principles from others:

Constitutional designers knew the constitutional provisions of different countries. Therefore, after much research, they adopted certain good principles from the constitutions of other nations on Earth. They’re as follows:-

Table No. 5.1 Certain Provision adopted from others

Key takeaways:

Reference: