(UNIT 1) LAST MIN REVISION

SYLLABUS:

Unit-1. Indian Constitution: General Introduction, characteristics, Preamble, Directive Principles of State Policy, Fundamental right, Fundamental Duties, Citizenship.

Indian Constitution: General Introduction, characteristics:

📌 What is a Constitution?

A Constitution is the supreme law of a country.
It lays down the framework for how the government will function.
It defines the structure, powers, and duties of the government and citizens’ rights.

📜 Why do we need a Constitution?

To maintain law and order.
To protect citizen rights.
To ensure equality, justice, and freedom.
To define the relationship between the state and the people.

🏛️ Indian Constitution: A Brief History

India got independence on 15 August 1947.
A Constituent Assembly was formed to write the Constitution.
Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
The Constitution was adopted on 26 November 1949.
It came into effect on 26 January 1950 (celebrated as Republic Day).

🌟 Main Characteristics of the Indian Constitution

1. Lengthiest Constitution in the World

Contains 470+ Articles, 12 Schedules, and more than 100 Amendments.
Detailed because India is a diverse country with many languages, cultures, religions, and regions.

2. Written Constitution

Clearly written in one single document.
Easy to refer to and understand by courts, government, and citizens.

3. Drawn from Many Sources

Inspired by various countries:
- UK – Parliamentary system
- USA – Fundamental Rights and Judicial Review
- Ireland – Directive Principles of State Policy
- Canada – Federation with strong centre

4. Federal System with Unitary Features

India is a federation (Union of States).
But the Centre has more powers than the States (unitary feature).
In times of emergency, all powers go to the Centre.

5. Parliamentary System of Government

Similar to the UK.
President is the constitutional head.
Prime Minister is the real head (executive leader).
Government is accountable to the Parliament.

6. Fundamental Rights

Guaranteed under Articles 12 to 35.
Includes:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies

7. Directive Principles of State Policy (DPSPs)

Found in Part IV.
Not enforceable by law.
Aim: to guide the government to make welfare laws (like education, health, jobs).

8. Fundamental Duties

Added by the 42nd Amendment in 1976.
Listed in Article 51A.
There are 11 Fundamental Duties (for citizens to follow).

9. Secular State

No official religion.
Government does not favor or discriminate against any religion.
All religions are treated equally.

10. Independent Judiciary

Judiciary is free from political pressure.
Ensures that laws and government actions follow the Constitution.
Supreme Court is the highest court in India.

11. Single Citizenship

All Indians are citizens of India only (not of any state separately).
Promotes national unity.

12. Universal Adult Franchise

Every Indian citizen above 18 years has the right to vote.
One person, one vote, one value.

13. Amendable Constitution

Constitution can be changed through Amendments.
Changes are made to keep it updated with modern needs.

14. Special Provisions for States like J&K (Earlier)

Article 370 gave special status (now removed in 2019).
Some states still have special provisions under Article 371.

15. Preamble

Introduction to the Constitution.
Declares India as a:
- Sovereign
- Socialist
- Secular
- Democratic
- Republic
Aims to secure: Justice, Liberty, Equality, and Fraternity.

Preamble, Directive Principles of State Policy:

📌 What is the Preamble?

The Preamble is the introduction to the Indian Constitution.
It shows the goals, values, and vision of the Constitution.
It tells us what the Constitution stands for and what India wants to achieve.

📜 Text of the Preamble:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
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;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

🔍 Importance of the Preamble

Reflects the spirit of the Constitution
Acts as a guiding light for interpretation of laws
Shows the aims and objectives of Indian democracy
Helps courts understand the basic structure of the Constitution

📌 What are Directive Principles of State Policy DPSPs?

DPSPs are guidelines given to the government to make policies and laws.
Mentioned in Part IV (Articles 36 to 51) of the Constitution.
Not legally enforceable, but very important for governance.

📜 Why are DPSPs needed?

To build a welfare state
To reduce inequality
To promote justice and fairness
To protect the weaker sections of society

🔑 Classification of DPSPs

DPSPs are divided into 3 main categories:

1. Socialistic Principles (for equality & welfare)

2. Gandhian Principles (based on Gandhi’s ideas)

3. Liberal-Intellectual Principles (for individual freedom & international peace)

🔍 Features of DPSPs

Not enforceable by courts (not like Fundamental Rights)
Moral obligation for governments
Can be used to check if laws are in public interest
Help to achieve the goals of the Preamble

Fundamental right, Fundamental Duties, Citizenship:

🔶 1. FUNDAMENTAL RIGHTS (Part III, Articles 12–35)

🔹 What are Fundamental Rights?

These are basic human rights guaranteed by the Constitution.
They are enforceable by law—you can go to court if violated.
Aim: To ensure freedom, dignity, and equality for every citizen.
Inspired by the Bill of Rights of the USA.

🔹 Key Features:

Justiciable (can be protected in court)
Available to citizens, some also to non-citizens
Can be suspended during Emergency (except Article 20 and 21)
Parliament can restrict or amend them (but not destroy the “Basic Structure”)

🔹 Six Fundamental Rights (After the 44th Amendment)

📍 1. Right to Equality (Articles 14–18)

Article 14: Equality before law
Article 15: No discrimination on religion, race, caste, sex, place of birth
Article 16: Equality in public employment
Article 17: Abolition of untouchability
Article 18: Abolition of titles (except military/academic)

📍 2. Right to Freedom (Articles 19–22)

Article 19: 6 Basic Freedoms:
1. Freedom of speech and expression
2. Freedom to assemble peacefully
3. Freedom to form associations
4. Freedom to move freely
5. Freedom to reside anywhere in India
6. Freedom to practice any profession
Article 20: Protection in criminal cases
Article 21: Right to life and personal liberty
Article 21A: Right to education (for children 6–14 years)
Article 22: Protection against arrest and detention

📍 3. Right against Exploitation (Articles 23–24)

Article 23: Prohibits human trafficking and forced labor
Article 24: No child below 14 years can work in factories, etc.

📍 4. Right to Freedom of Religion (Articles 25–28)

Article 25: Freedom to practice any religion
Article 26: Manage religious affairs
Article 27: No tax for promoting religion
Article 28: No religious instruction in govt. schools

📍 5. Cultural and Educational Rights (Articles 29–30)

Article 29: Protects the culture of minorities
Article 30: Minorities can run their own schools

📍 6. Right to Constitutional Remedies (Article 32)

Right to approach Supreme Court/High Court if rights are violated
Called the "Heart and Soul" of the Constitution – Dr. B.R. Ambedkar.

🔶 2. FUNDAMENTAL DUTIES (Article 51A – Part IVA)

🔹 What are Fundamental Duties?

Added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee
Inspired by the USSR Constitution
Total 11 duties under Article 51A
Moral obligations (Not enforceable by court)

🔹 List of 11 Fundamental Duties (in simple words):

Respect the Constitution, national flag and anthem
Follow noble ideas of freedom struggle
Protect India’s unity and integrity
Defend the country and help during emergencies
Promote harmony among all communities
Value and preserve India's rich culture
Protect the environment and natural resources
Develop scientific temper and humanism
Safeguard public property and avoid violence
Strive for excellence in all fields
Parents/guardians must provide education to children (added by 86th Amendment)

🔹 Importance of Fundamental Duties:

Remind citizens of their responsibilities
Help maintain discipline and national unity
Support the democratic spirit of the Constitution.

🔶 3. CITIZENSHIP (Part II, Articles 5–11)

🔹 What is Citizenship?

A citizen is a legal member of the country, enjoying rights and responsibilities.
Only citizens can:

Vote in elections
Hold certain public offices
Enjoy full Fundamental Rights

🔹 How can one become a citizen of India?

(Under Citizenship Act, 1955)

By Birth – Born in India (with conditions)
By Descent – Born outside India to Indian parents
By Registration – Person of Indian origin residing in India
By Naturalization – Foreigners living in India for a long time
By Incorporation of Territory – If new land becomes part of India

🔹 Loss of Citizenship:

Renunciation – Citizen gives it up willingly
Termination – Automatically ends if citizen of another country
Deprivation – Govt. cancels citizenship if obtained illegally or disloyally

🔹 Importance of Citizenship for Media:

Only citizens enjoy freedom of speech and expression (Article 19)—essential for journalists
Journalists must be aware of rights and responsibilities
Media laws are closely linked to citizen rights in a democracy

INDIAN CONSTITUTION AND MEDIA LAW

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