session 2 lab

7/30/2019 Session 2 Lab

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Introduction toConstitution of India

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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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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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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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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

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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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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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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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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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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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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

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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.

session 2 lab

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