CONSTITUTION OF INDIA

Constitution law:-

The constitution of India is possibly the most comprehensive of all constitution. It contains 395 original Articles that are divided into 22 parts and has 12 schedules. Articles 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393,and 394 came into strength on 26 November, 1949 and other Articles came into strength from 26 January,1950.

The Preamble:-

The preamble embodies (represent) the ideals which the founding fathers of the Constitution desired to achieve by the citizen, in their best interest. The preamble spells out its sources of authority, i.e, “People of India”. It also express the social and political philosophy (thinking) of the country and contains the nation’s concept of social justice in its widest promptings (timely).  

Citizenship:-

A citizen of a given state is one who enjoy full membership of the political community of the state. Aliens, unlike citizens, do not enjoy all the fundamental rights secured to the citizens. Citizens alone have a right to vote to the Union or State Legislature and only they can become a member thereof.

Citizenship can be of following 3 types:

Citizenship by domicile(Art. 5)

Citizenship by migration (Art. 6)

Citizenship by registration (Art. 8)

A citizen of India, who by naturalisation, registration or otherwise, voluntarily acquires a citizenship of another country, shall cease to be an Indian citizen. A citizen may renounce his citizenship and in such case he ceases to be a citizen of India after such renunciation.

“State”, under Article 12

Article 12 gives a wide meaning to the “State”. According to the Art. 12, State means:

The Government and Parliament of India,

The Government and Legislature of a State,

Local Authorities, and

Other authorities; within the territories of India, or

                            Under the control of the Government of India.

Fundamental Rights:-

Part -3 of the constitution enshrines (protect) the back-bone of our democratic system which is the Fundamental Rights. In case of encroachment by the State on any of the rights embodied in Part-3, the Supreme Court and the High Courts are competent to declare the law unconstitutional and accordingly void (Art. 13)

The fundamental Rights can be classified as follows:-

(1)  Right to Equality (Articles 14-18)

(2)  Right to Freedom (Articles 19-22)

(3)  Right against Exploitation (Articles 23-24)

(4)  Right to freedom of Religion (Articles 25-28)

(5)  Cultural and Educational Rights (Articles 29-30)

(6)  Right to property (Articles 31) (repealed by the 44^th Amendment Act, 1978)

(7)  Right to Constitutional Remedies (Articles 32-35) ....conti