PRESENTED BY:Shivam gupta roll no.03Sourabh modgil Roll no.44 5th Sem. MBA-5 YEAR
What Is Constitution: Supreme law of India. Longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution.
Continue….. Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. Date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them.
Introduction: Defined as the basic human rights of all citizens. Defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. According to the constitution, every citizen has certain rights, known as the Fundamental Rights of a citizen, and the constitution guarantees every citizen of those.
History: Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Development of constitutional rights in India was inspired by historical documents such as Englands Bill of Rights, the United States Bill of Rights and Frances Declaration of the Rights of Man.
Fundamental Rights: The Right to Equality. Right to Freedom Right against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies
Fundamental Duties: To abide by the Constitution and respect the ideals and Institutions. To respect the National Flag and the National Anthem. To realize and follow the essential ideals of secularism, democracy and non-violence. To preserve the culture and heritage. To protect the Sovereignty, Unity and Integrity of the nation. To safeguard the public property. To defend the country even at the cost of our life. To protect natural resources. To avoid Dowry, Gambling, and other Social evils. To strive towards excellence in the respective spheres of activities of the individuals.
from different countries: From U.K.- Nominal Head – President (like Queen) Cabinet System of Ministers Post of PM Parliamentary Type of Govt. Bicameral Parliament Lower House more powerful Council of Ministers responsible to Lower House Speaker in Lok Sabha.
From U.S.: Written Constitution. Executive head of state known as President and his being the Supreme Commander of the Armed Forces. Vice- President as the ex-officio Chairman of Rajya Sabha. Fundamental Rights. Supreme Court. Provision of States. Independence of Judiciary and judicial review. Preamble. Removal of Supreme court and High court Judges.
From USSR : Fundamental Duties. Five year Plan. From AUSTRALIA: Concurrent list. Language of the preamble. Provision regarding trade, commerce and intercourse.
From WEIMAR CONSTITUION OFGERMANY: Suspension of Fundamental Rights during the emergency. From JAPAN: .Provision regarding trade, commerce and intercourse
From CANADA: Scheme of federation with a strong centre Distribution of powers between centre and the states and placing. Residuary Powers with the centre. From IRELAND: Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN). Method of election of President. Nomination of members in the Rajya Sabha by the President.
Fundamental Rights: Right to Equality: Article 14 :- Equality before law and equal protection of law Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth. Article 16 :- Equality of opportunity in matters of public employment Article 17 :- End of untouchability Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempt
Right to Freedom: Article 19 :- It guarantees the citizens of India the following six fundamentals 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 Bussiness
Continue…. Article 20 :- Protection in respect of conviction for offences Article 21 :- Protection of life and personal liberty Article 22 :- Protection against arrest and detention in certain cases
Right Against Exploitation Article 23 :- Traffic in human beings prohibited. Article 24 :- No child below the age of 14 can be employed.
Right to freedom of Religion: Article 25 :- Freedom of conscience and free profession, practice and propagation of religion Article 26 :- Freedom to manage religious affairs Article 27 :- Prohibits taxes on religious grounds Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions
Cultural and Educational Rights: Article 29 :- Protection of interests of minorities Article 30 :- Right of minorities to establish and administer educational institutions Article 31 :- Omitted by the 44th Amendment Act
Right to Constitutional Remedies: Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) Forms of Writ check Habeas Corpus :- Equality before law and equal protection of law
Comparisons of Indian fundamentalduties of India with other Nations: Duties of citizens U.S.A: “It shall be the duty of every citizen of the United States of America“ (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 the United States of America; (d) to defend the country and render national service when called upon to do so;
Continue…… (e)to value and preserve the rich heritage of our compositeculture;(f) to protect and improve the natural environmentincluding forests, lakes, rivers and wild life, and to havecompassion for living creatures;(g) to develop the scientific temper, humanism and thespirit of inquiry and reform;(h) to safeguard public property and to abjure violence;(i) to strive towards excellence in all spheres of individualand collective activity, so that the nation constantly rises tohigher levels of endeavor and achievement.”
Duties of citizen of CHINA : To safeguard the unification of the country and the unity of all its nationalities; To abide by the Constitution and the law, keep State secrets, protect public property, observe labor discipline and public order and respect social ethics; To safeguard the security, honor and interests of the People’s Republic of China; To defend the motherland, resist aggression, perform military service and join the militia in accordance with the law; To pay taxes in accordance with the law; To practice family planning.
Duties of citizen of North Korea: Citizens over the age of seventeen may exercise the right to vote and be elected to office regardless of gender, race, occupation, length of residency, property status, education, party affiliation, political views, and religion. Citizens in the armed forces may vote or to be elected; insane persons and those deprived by court decisions of the right to vote do not have the right to vote and be elected.
Continue….. According to Article 67, citizens have freedom of speech, publication, assembly, demonstration, and association. Citizens also have the right to work, and Article 70 stipulates that they work according to their ability and are remunerated according to the quantity and quality of work performed. Article 71 provides for a system of working hours, holidays, paid leave, sanitoriums, and rest homes funded by the state, as well as for cultural facilities.