Background
Background India under British Rule for 200 years. Laws mainly favoured British rulers. 1946: Constituent Assembly formed before Independence. Purpose: Draft the Constitution of Independent India. Took 3 years to complete. Constitution considered: Ethnic, religious, linguistic & cultural diversity Caste & gender discrimination Justice & Equality Dr. B. R. Ambedkar → Chairman of the Drafting Committee. |
Fundamental rights
Definition Basic rights guaranteed by the Constitution. Have legal sanction. Enforceable in court of law. Include Political, Social, Cultural & Economic rights. |
Right to freedom
Includes: Freedom of speech & expression Peaceful assembly (without arms) Form associations Move freely throughout India Reside & settle anywhere in India Choose any profession, occupation, trade or business |
Restrictions Can be limited for: National interest * Security of the State |
Responsibility Do not: Defame Spread hatred Cause harm * Exercise freedom with prudence. |
Federal structure of the government
Meaning Two levels of government: Central (Union) Government State Governments Purpose Division of powers between Centre & States. * Each has separate subjects. |
Lists in the Constitution Union List Subjects of National Importance. Examples: Defence Foreign Affairs Ports Railways |
State List Managed by State Governments. Examples: Police Law & Order Health Sanitation * Agriculture |
Concurrent List Both Centre & States can make laws. Examples: Education Forests Wildlife Protection Weights & Measures |
Local Self-Government Looks after Cities, Towns & Villages. Includes: Municipal Corporations Municipalities * Gram Panchayats |
Right against exploitation
Protects people from exploitation due to: Poverty Caste discrimination Religious discrimination Prevents: Forced labour Child labour Unhealthy working conditions Laws protect people from humiliation & exploitation. |
Significance of fundamental rights
Foundation of Democracy. Protect moral & material interests. Safeguard minorities & weaker sections. Strengthen Secularism. Promote Social Justice & Social Equality. Prevent absolute power of the government. |
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Preamble
Introduction to the Constitution. States the goals & aspirations of India. |
State
Means either: Country/Nation * Political unit within a country. |
The Directive principles Of state policy
Purpose Guidelines for government. Aim: Welfare Justice Development Created because India lacked sufficient resources after Independence. |
Examples Adequate livelihood Free legal aid Public assistance during: Unemployment Old age Sickness * Disability |
Important Point Guide government policies & laws. Cannot be enforced in a court of law. * Government cannot be sued for not implementing them. |
Parliamentary form of the government
Features Nominal Head of State. In India → President. Real Executive Power → Prime Minister & Council of Ministers. Decisions taken in the President’s name, but PM & Council govern. * India is a Parliamentary Democracy. |
Three Branches of Government Legislature Makes laws. Executive Implements laws. Judiciary Interprets laws. Checks Constitutional validity. |
Separation of Powers Meaning Legislature, Executive & Judiciary work independently. Prevents concentration of power. |
Checks & Balances Each branch checks the others. Executive → Answerable to Legislature. * Judiciary → Can strike down unconstitutional laws. |
Right to equality
Equal treatment before law. Equal rights & equal opportunities. Freedom to choose education & profession. No discrimination based on: Religion Race Sex Caste Place of birth * State may give special opportunities to women & disadvantaged groups to reduce social & economic inequalities. |
Right to education
RTE Act (2010). Children aged 6–14 years have the right to: Free Compulsory Elementary education * Education provided in a neighbourhood school. |
Can laws alone protect rights?
Problems Exploitation still continues despite laws. Rights often violated due to: Lack of awareness Fear of retaliation |
Solutions Educate people about their rights. Spread Constitutional awareness. Support Awareness campaigns. NGOs & Social movements help people fight for their rights. |
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Why India has parliamentary democracy
Parliamentary System Executive answerable to Legislature. Prevents excessive concentration of power. |
Presidential System President directly elected. President is Head of State & Head of Executive. Executive not answerable to Legislature. Gives greater power to one individual. |
Reason for Choosing Parliamentary System Constitution makers believed a Presidential System could give too much power to one person. Therefore, India adopted a Parliamentary Form of Government. |
Fundamental duties
Definition Added by 42nd Constitutional Amendment (1976). Duties of every Indian citizen. * Not enforceable by law, but should be followed responsibly. |
Duties Respect the Constitution, National Flag & National Anthem. Defend the country & render national service when required. Protect Sovereignty, Unity & Integrity of India. Protect the Environment: Forests Lakes Rivers Wildlife * Safeguard public property. |
Right to constitutional remedies
Protects Fundamental Rights. Citizens can approach the Supreme Court if rights are violated. Supreme Court can issue Writs to: Government Any individual Ensures restoration of rights. * During War or Emergency, Fundamental Rights may be temporarily suspended. |
Right to cultural and educational rights
India is a pluralistic country. Protects religious, linguistic & cultural diversity. Citizens have the right to: Preserve Practise * Promote their religion, language & culture. |
Right to freedom of religion
India is a Secular State. Freedom to: Profess Practise Follow any religion. No discrimination based on religion. Religious groups may establish: Religious institutions Charitable institutions Protects religious minorities |
Important terms
Sovereign → Independent nation; no external control. Socialist → Equal access to national resources. Secular → No religious discrimination; equal treatment of all religions. Democratic → Government through elected representatives. Republic → Elected President, not hereditary ruler. Justice → Reduce social & economic inequalities. Liberty → Freedom of speech, faith & occupation. Equality → Equal before law; prohibits discrimination. * Fraternity → Promotes brotherhood, unity & integrity |
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