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7/30/2019 Session 2 Lab
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Introduction toConstitution of India
1
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2
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Salient Features
A written Constitution
A combination of rigidity and flexibility
Federal Polity
Parliamentary Democracy
Fundamental Rights and Duties
Directive Principles of State Policy
Single Integrated and independent Judiciary Single Citizenship
Universal Adult Franchise
Emergency Provisions3
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Leaders of Constituent Assembly
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Constitution of India
Preamble:
We, the people of India, having solemnly resolved to constitute India into a
Sovereign, Socialistic, Secular, Democratic Republic and secure to all citizens
Justice social, economical and political,
Liberty of thought, expression, belief, faith & worship,
Equality of status and opportunity and promote among them all,
Fraternity assuring the dignity of individual and unity and integrity of the
nation,
in our constituent assembly this 26th November, 1949,
do hereby adopt, enact and give to ourselves this
Constitution
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Constitution of India
Whether preamble is a part of Constitution?
Yes
Ordinarily preamble is not considered part of a
statute & therefore at one time it was thought that
the Preamble does not form part of the Constitution
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Constitution of India
FUNDAMENTAL RIGHTS:
Fundamental Rights are incorporated in Articles 12 to 35,
forming part III of the Constitution
Some of the rights are available only to citizens of India while
others are available to all the persons
Rights guaranteed fall under following broad categories:
Right to equality (Art 14)
Prohibition of discrimination (Art 15)
Abolition of un-touchability (Art 17)
Right to freedom protection of life and personal identity( Art 21)
Right to freedom of speech, expression, movement (Art 19)
Right against exploitation (Art 23 & 24)7
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Constitution of India
Rights guaranteed fall under following
broad categories:
Right to freedom of conscience, practice ofreligion(Art 25 &28)
Right to minorities for conservation of their
culture(Art 29 & 30)Right to enforce the Fundamental Rights(Art
32) 8
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Constitution important Articles
Article 12Defining the State
Article 13 Prohibiting the State from making any law
which takes away the fundamental rights
Article 14 Right to Equality
Article 15 Prohibits State from discriminating against
citizens on grounds of religion,race,sex,
caste, place of birth but enables States to
make special provision for women and
children 9
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Constitution important Articles
Article 16 - Equal opportunity in the matter of public
employment
Article 16(4) Provision for reservation in appointment
in favour of backward class of citizens
which are not adequately represented
in the services under Govt.
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Constitution important Articles
Article 19 Right to freedom
Freedom of speech and expression
To assembly peacefully without armsTo form associations or unions
To move freely throughout the territory of India
To reside and settle in any part of India
To practice any profession or to carry out any
procession, trade or business11
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Constitution important Articles
Article 19 Freedom of speech and expression
is subject to the following restriction:
Security of the State
Friendly relations with foreign states
Public order
Decency or morality
Contempt of Court
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ConstitutionDirective Principlies
Directive Principles of State Policy embodied
in Part IV of the Constitution (Art 36 to 51)
Contain the principles Fundamental in the
governance of the country
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Directive Principles of Constitution
State shall strive to promote welfare of people
securing social, economic and political justice
State shall strive to minimise inequalities in income
State shall direct its policy towards securing the
same
Ownership & control of the material resources of the
community are so distributed as best to subserve the
common good
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Directive Principles of Constitution
Operation of the economic system does not result in
the concentration of wealth and means of
production to the common detriment
Securing living wage of worker, just and humaneconditions of work, participation of workers in
management
Securing uniform civil code for the citizensthroughout the territory of India
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ConstitutionFundamental Duties
Article 51A Fundamental Duties of every citizen:
To abide by the Constitution and respect its
ideals and institutions, the National Flag &
National Anthem
To cherish and follow the noble ideals whichinspired our national struggle for freedom
To upheld and protect the sovereignty, unity and
integrity of India
To defend the country and render national service
when called upon to do so16
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ConstitutionFundamental Duties
To promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religion, linguistic and regional or
sectional diversities, to remove the practices
derogatory to the dignity of womenTo value & preserve the rich heritage and our
composite culture
To protect & improve the natural environment
including forests, lakes,rivers and wild lives & have
compassion for living creatures
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ConstitutionFundamental Duties
To develop the scientific spirit, humanism and
the spirit of inquiry and reform
To safeguard public property and adjure
violence
To strive towards excellence in all spheres of
individual and collective activity, so that the
nation constantly rises to higher levels of
excellence and achievement18
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Meaning of trade, Commerce
and intercourseThe word
Trade means buying or selling of goods
Commerce includes all forms of transportation such as
by land, air or water.
Intercourse means movement of goods from one place
to another place.
trade commerce and intercourse covers all kinds ofactivities which are likely to come under the nature of
commerce.
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Art. 19 and 301
It is to be noted that Art.19 (1) (g) also guarantees to citizens
the right to practice any profession or carry on any trade,
business, etc.
But while Art, 19 (1) (g) confers a fundamental right oncitizens to carry on trade, business etc. Art.301 confers only a
statutory right.
The right under Art. 19 (1) (g) can only be claimed by citizens,but the right under Art.301 can be claimed by any one.
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Principles
Freedom of inter-State as well as intra-State trade, Commerce
and intercourse.
Trade, Commerce and intercourse have the widest
connotation and take in movement of goods and persons.
The freedom is not only from laws enacted in the exercise ofthe powers conferred by the legislative entries relating to
trade and commerce or production, supply and distribution of
goods, but also to all laws including tax laws.
Laws which are merely regulatory or which impose purely
compensatory taxes, and hence intended to facilitate freedom
of trade, are outside the scope Art. 301.
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Restrictions on Trade and
Commerce (Art. 302 305)
Parliaments Power to regulate trade
and commerce in the Public interest
States power to regulate trade and
commerce
Saving of existing laws
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Instructions
Read Ch 2 & 3 from textbook
E dairy Format
Eg.
Submission schedule
After 1working day of session nos 9, 18, 27, 36
In soft copy to CC
CC to submit by 2:00 pm same day
23
DATE LAW LEARNING W.R.T ITS APPLICATION
28.1.12 Contract Act Concepts like Free consent can very well relate to ourlife. The example of fraud and relate it with famous TV
serial Tarak Mehta Ka Olta Chashma in which in an
episode it had shown how saree seller cheats the society
housewives by selling them damage goods and whole
issue arise on not providing the bill my seller to them.