Defence, Foreign relations, Citizenship and Banking are four important subjects in the Union list.
The union government may issue directive to the state government for the protection of the Railways and Ports and also on subjects considered important in the national interest.
In chapter IV Arts 35-51 the directive principle of the constitution are given.
The state of Jammu and Kashmir has a separate constitution.
Obeying the constitution, showing respect to the national flag and the national anthem, defending India’s sovereignty, integrity, and unity protecting national properties and upholding India"s glorious mixed culture and also showing respect to woman are the principal duties of the Indian citizens.
The directive principles through non-justiciable are not worthless. Sir B.N. Rao contends that the directives are moral precepts. K.M. Panikkar holds that the directives promise India to achieve economic socialism or economic democracy.
Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the Chairman of Drafting Committee
The Arts related to fundamental rights may be amended when a bill to that effect is passed by 2/3 votes of the members present and voting in each House of the Parliament but the members present and voting must constitute a majority of total membership of each House.
The Indian constitution distributes powers between the union and the states through three lists, the Union list, the State list and the Concurrent list.
Habeas Corpus: literally me that human person is sacred. Hence no man can be detained illegally. Whenever a man is detained he must be produced before a court. This writ is a powerful safeguard against arbitrary arrest and detention Art. 32 of the constitution provides for Habeas Corpus.
Thee Indian Independence Act was passed by the British Parliament on 5th July in 194@This act was passed to give effect to the Mountbatten plan creating the two independent states of India and Pakistan.
Under Arts 22 (3) of the constitution enemy aliens and persons arrested under preventive detention Acts can be imprisoned without trial.
(A) The state should prevent concentration of the ownership of the me of production in the hands of the few (Art. 39c).
(B) The state should provide help and assistance in case of unemployment and disability.
The fundamental rights are justiciable while the directive principles are non-justiciable i.e. the fundamental rights are enforced by the courts while the directives are not enforced by the courts.
Art 19 of the constitution grants six freedoms to the citizens They are right to freedom of –
(2) to assemble peaceably and without arms
(3) to form association,
(4) to move freely in India,
(5) to five anywhere in India and
(6) to adopt any profession or business.
The directive principle of the constitution declares right to work and employment as desirable. But the directives are non- justiciable in character.
The Indian constitution was drafted by the Drafting Committee of the ‘Constituent Assembly.
Art 45 of the constitution directs the state to promote and foster Panchayati Raj in India.
The preamble is like an introduction to the constitution. The courts use the preamble to clarify: the meaning of the Law whenever there is an ambiguity.
Art 32 of the constitution confer the right to constitutional remedies on the citizens.
The constitution came into force on 26th January 1950
Equality in the eye of law as provided by Art. 14 of the constitution mean that nobody is above the law. Law applies to all persons equally.
The original constitution had 395 Arts and 7 schedules. Now after the 80th amendment of the constitution there are 405 Arts and 10 schedules in the constitution
Ten duties of the Indian citizens have been added to the constitution by the 42nd amendment to the constitution.
The preamble is not justiciable.
Under Arts 263 of the Indian constitution the President may constitute Inter State Councils to regulate the relations between the centre and the states or between the states.
Arts 24 of the constitution forbids employment of children in factories, mines, or in hazardous works.
The parliament may restrict the fundamental rights by passing laws. Beyond such restrictions the members of the Armed Forces enjoy their fundamental rights.
In a federal constitution powers not mentioned in any list of powers given to the centre or the states is known as the residual power. In India the residuary belongs to the union government.
Indian Citizenship Act was passed in 1955.
Arts 25 to 28 confer right to freedom of religion on the citizens.
The concurrent list mentions the subjects on which the union and the state governments, both can legislate but in case of conflict between a union and state law the union law prevails. Administrative and criminal law, vagrancy, forests, protection of wild animals and birds are four important subjects in the concurrent list.
Art 50 of the constitution direct the state to separate the executive from the judiciary. This is important to secure the independence of the judiciary from executive control and influence.
This Art gives the state of Jammu & Kashmir a separate constitutional status. Laws passed by the Indian Parliament apply to Jammu & Kashmir if they are accepted by the J. K. legislature.
Indian citizens are divided into two categories—citizens by birth and citizens by adoption.
(i) Land Revenue,
(ii) Law and order,
(iii) Local government,
(iv) Education up to the secondary level.
The Indian Parliament by Acts passed that it can integrate new states into India or can create new states out of the territory of an existing state or states.
Non-agricultural income tax and excise duties except on cosmetics and medicines.
Originally the constitution conferred on the Indian citizens seven fundamental rights. They are
(a) right to equalit
(b) right to freedom
(c) right against exploitation
(d) right to religious freedom.
(e) right to education and culture
(f) right to property and
(g) right to constitutional remedies:
At present there are six fundamental rights. Right to private property has been removed from the list of fundamental rights by the 44th amendment of the constitution.
No, because Bharat Ratna, Padma vibhushan etc. are not considered as titles. They cannot be used before or after the names of the persons on whom they are conferred.
On three occasions the Union government may legislate on state subjects.
(i) to give effect to an international treaty,
(ii) when the Rajya sabha by 2/3 majority authorized the Parliament under Art 249 to legislate on any state subject,
(iii) when one or more states request the union government to legislate on any state subject.
There are 25 states and 7 union territories in the Indian Union.
India is also called Bharat in Art.1 of the constitution.
The Supreme Court or the High Courts may issue five kinds of writs.
These are writs of
(1) Habeas Corpus
(4) Certiorari and
(1) The states should provide help in cases of old age, unemployment and disability.
(2) State should strive to reduce inequality between individuals, groups and professions
(3) State should promote and foster rural cottage industries.
(4) The state should provide compulsory free primary education to children below 14 years if age.
The Indian Independence Act gave three options to the Indian native states
(1) to join India
(2) to join Pakistan
(3) to remain Independent.
India seeks to secure to her people:
Justice: Social Economic and Political.
Liberty: of thought, expression, belief, faith and worship
Equality: of status and opportunity, and Fraternity, assuring the dignity of the individual and unity of the nation.
Though India is a federation, the principle of dual citizenship has not been accepted in the constitution. All Indi are accepted as the citizens of India. There is no citizenship of the states.
According to the original preamble India is a Sovereign, Democratic Republic. By 42nd amendment of the constitution India is made also a Socialist and Secular state.