Philosophy of The Constitution: 3.0 Objective
Philosophy of The Constitution: 3.0 Objective
Philosophy of The Constitution: 3.0 Objective
3
Module II
PHILOSOPHY OF THE
CONSTITUTION
Unit structure
3.0 Objective
3.1 Introduction
3.2 Philosophy of the Constitution
3.3 Preamble and Philosophy of the Indian Constitution
3.4 Fundamental Rights Meaning and Nature of Rights.
3.5 Fundamental Rights - Meaning of Fundamental Rights
3.6 Directive Principles of State Policy
3.7 Unit End Questions
3.8 References
3.0 OBJECTIVE
3.1 INTRODUCTION
3.3.1 Meaning:
3.3.2 Importance:
Justice :
social, economic and political.
Liberty:
Liberty of thought, expression, belief, faith and worship.
Equality
of status and of opportunity; and to promote among them all;
Fraternity
Assuring the dignity of the individual and the unity and integrity of
the nation;
1. Sovereign:
2. Socialist:
3. Secular:
4. Democratic:
5. Republic:
1. Justice
2. Liberty:
3. Equality:
4. Fraternity:
3.3.5 Evaluation:
Rights are our own demands for our own development when
recognized by the society and state, these demands become rights.
According to Harold Laski, ‘Rights are those conditions of social life
without which no man can seek to be himself at his best’.
Nature :
1. An individual is entitled to rights because he is a part of
society.
2. Rights are never unrestrained. Certain restrictions have to be
imposed on an individual’s rights for the sake of common
interest.
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3.5.1 Meaning:
3.5.2 Importance:
1 2 3 4
Meaning of Importance Classification Restrictions
fundamental of the of the on fundamental
rights fundamental fundamental rights
rights rights
1. Right to equality
2. Right to freedom
3. Right against exploitations
4. Right to freedom of religion.
5. Cultural and educational rights.
6. Right to constitutional
remedies.
Right to Equality
1 2 3 4 5
Equality No Equality of Abolition of Abolition of
before discrimination opportunity untouchability titles
law. at public places.
1. Article 14:
The state shall not deny any person ‘equality before law’ and
‘equal protection of law’ within the territory of India. Equality before
law implies the absence of any special privilege in favour of an
individual. Equal protection of law means that all people will get
equal treatment in similar circumstances.
2. Article 15:
Art 18 State has abolished all the titles to create equality among
citizens. Military and Academic distinction are exempted from the
provision for they are an incentive to further efforts for the
perfection of the military power of the state. During British rule
sometitles were conferred on people along with certain privileges.
This practice has been abolished.
This right includes six types of freedoms essential for the alround
development of human personality. They are –
a) Freedom of speech and expression.
b) Freedom to assemble peacefully without arms.
c) Freedom to form associations and unions
d) Freedom to move in any part of Indian Territory.
e) Freedom of occupation, trade and business.
Article 19 (1) (f): was related to Right to property. Under this right
citizens have rights to acquire, hold and dispose of property. This is
dropped through the 44th amendment to the constitution in 19715.
Hence Right to property is not a fundamental right but it is a legal
right. All citizens shall have the right to practice any profession,
occupation, trade or business, with reasonable restrictions, in the
interest of general public.
1 2 3 4
Importance Prohibition of traffic Prohibition of Establish dignity
of this right in human beings employment of the individual
and forced labour of children
Restrictions:
1. 2 3
Importance of Aspects Restrictions
this right
1. Freedom of conscience, profess any religion,
2. Freedom to manage religious affairs
3. Freedom to establish religious institutions
4. No religious education in educational institutions
1 2
Importance of this right Aspects
1 2
Importance Remedies for
of this right enforcement of rights
5 writs
3.6.1 Meaning:
3.6.2 Significance:
1. Welfare state:
2. Development:
C Political principles
D International principles.
A] Social Principle:
B] Economic principles:
C] Political Principles:
1 2 3 4 5
Meaning Significance Nature Classification Difference
3.8 REFERENCE
1. Introduction to the constitution of India by Durga Das Basu.
2. Dr. M.V. Pylee – constitutional Government of India.
3. The constitution of India – 2004.
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4
Module III
INSTITUTIONS: STRUCTURE, POWER
AND FUNCTIONING PARLIAMENT
Unit structure
4.0 Objective
4.1 Introduction
4.2 Parliament the structure
4.3 Powers and functions of Parliament
4.4 Relationship between two houses
4.5 Changing Role of the Parliament
4.6 Issue of Parliamentary sovereignty
4.7 Role of Parliament
4.8 Decline of Parliament
4.9 Conclusion
4.10 Unit end questions
4.0 OBJECTIVE
4.1 INTRODUCTION
Composition of Parliament
1. 2 3
Rajya sabha President Lok Sabha
council of states House of People
4.2.1 President:
Division of seats:
Election:
Tenure:
Qualifications of members:
1. He must be a citizen of India.
2. He must have completed 30 years of age.
3. Additional qualifications may be prescribed by parliament from
time to time.
Disqualifications:
1. A person will occupy only one seat at time.
2. A person will be disqualified if he holds any office of profit
under the central Government or state Government.
3. If he is of unsound mind.
4. If he has indulged into corrupt electoral practices and proved
quality then he is disqualified from elections for a period of 6
years.
1 2 3 4 5 6
Representation Strength Election Tenure Qualifications Chairman
Composition:
Strength:
Distribution:
Tenure:
Mode of Representation:
Election:
Tennure :
1 2 3 4 5 6
Representation Strength Tenure Qualifications Election chairman
1. Legislative function:
3. Control of Cabinet:
4. Financial Powers:
5. Judicial Powers:
7. Electoral Functions:
8. Venting of Grievances:
1 2 3 4 5 6 7 8 9
Legislative Formation Control Financial Judicial Power Electoral
of on of
cabinet cabinet amending
the constitution
Venting
of
Grievances
Emergency
Except for the Money Bill both the Houses have equal
powers. However, as far as money bill is concerned it can be
introduced only in the Lok Sabha and requires the sanction of the
Lok Sabha.
Disturbance:
2. Judicial Intervention:
6. Disinterested attitude:
8. Delegated legislation:
C. President’s Assent:
D. Financial matters:
Thus all above factors are responsible for the decline in the powers
of the parliament.
Revival of parliament:
4.9 CONCLUSION
Table:
1 2 3 4
Issue of Role of Reasons of Conclusion
Parliamentary Parliament decline of
sovereignty Parliament
in India.
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