Eleanor Finch
The constitutional provisions of India are a set of rules or laws that fall under the country's constitution. They establish the fundamental rights and duties of the citizens, including the right to freedom of speech and religion, and the duty to abide by the constitution and respect national symbols. These provisions cannot be altered by the courts or common law but must go through a specific process for amendment, including approval from the central government and state ratification. The constitutional provisions of India also define the formal organisation of the state and the functions of the central government, including the interaction between the central government and the formation of the three major branches of the US government.
| Characteristics | Values |
|---|---|
| Defines the formal organisation of the state | The structure and operation of the government |
| Establishes the functions of the central government | The interaction between the central government and the state government |
| Establishes the fundamental rights and duties of the citizens | Right to freedom of speech, freedom of religion, education, and prohibiting discrimination based on caste, creed, religion, and race |
| Defines the geographical, territorial, and political boundaries | |
| Specifies detailed provisions for various topics | The formation of the three major branches of the US government, powers of Congress, the presidency, and the executive branch |
| Language to be used in the Supreme Court and High Courts | English |
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What You'll Learn
Constitutional provisions in education
In India, constitutional provisions are the set of rules or laws that come under the country's Constitution. They establish the fundamental rights and duties of the citizens. These rights and duties cannot be changed or altered by the court or common law. If the provisions are to be changed, they must go through a specific process.
The Indian Constitution has entrusted the Central Government of India with several educational responsibilities. Education is one of the country's aspirations to help it achieve national development and integration. Through education, India can instil in its citizens the spirit and ideals of Indian democracy.
There are numerous sections and articles in the Indian Constitution that significantly impact education. For example, Article 21A, inserted by the 86th Amendment Act of the Constitution, gives every child between the ages of 6 and 14 the right to free and compulsory education. This is known as the Right to Education Act (RTE). The RTE Act, which came into effect on 1 April 2010, makes it compulsory for all private schools, except minority institutions, to reserve 25% of seats for underprivileged students. The RTE Act also ensures the all-round development of the child, building on their knowledge, potentiality, and talent and making them free of fear, trauma, and anxiety through a system of child-friendly and child-centred learning.
Article 350B provides for the appointment of a Special Officer for linguistic minorities to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution. It is the duty of the State to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups.
Article 28 of the Indian Constitution declares the freedom of religious worship in educational institutes. It states that no religious instruction shall be provided in any educational institution that is wholly maintained by state funds. However, it also mentions that this does not apply to educational institutions administered by the State but established under any endowment or trust that requires religious instruction.
Article 15 prohibits discrimination against people based on caste, creed, religion, and race in educational institutions. It also allows the state to make special provisions for the advancement of any socially and educationally backward classes or scheduled castes and tribes.
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Fundamental rights and duties of citizens
The Constitution of India is the supreme law of the land, providing a basic framework and principles for governance. It guarantees a set of fundamental rights to its citizens and imposes certain duties and responsibilities upon them. These fundamental rights and duties are an important part of the Indian Constitution, with the former being guaranteed in six broad categories, and the latter being added to the Constitution in 1976 through the 42nd Amendment Act.
Fundamental Rights
The six fundamental rights are enshrined in Articles 12 to 35 of the Indian Constitution. They are:
- Right to Equality, including equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
- Right to Freedom, including freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation.
- Right against Exploitation, prohibiting all forms of forced labour, child labour and human trafficking.
- Right to Freedom of Religion.
- Cultural and Educational Rights, including the right to education and the right of minorities to establish and administer educational institutions.
- Right to Constitutional Remedies, which gives citizens the right to approach the Supreme Court or the High Court to implement the fundamental rights.
Fundamental Duties
The 42nd Amendment Act, 1976, added 11 fundamental duties to the Indian Constitution, which are outlined in Article 51(A). These duties are not enforceable by law but are considered fundamental to the governance of the country. They are based on the principle of "dharma" or duty, which is deeply rooted in Indian culture and tradition. The duties include:
- Abiding by the Constitution and respecting its ideals, institutions, and national symbols such as the flag and the anthem.
- Promoting the interests of the unity and integrity of India.
- Defending the country and providing civil services when required.
- Striving towards excellence in all spheres of individual and collective activity.
- Respecting the environment and protecting natural resources and cultural heritage.
- Being mindful of the rich heritage of India's composite culture.
- Striving towards the preservation of public property and abjuring violence.
- Striving towards the promotion of harmony and the spirit of common brotherhood.
- Upholding and protecting the sovereignty, unity, and integrity of India.
- Renouncing practices that are detrimental to the nation's integrity, such as the dowry system and discrimination against women.
- Valuing and preserving the dignity of women.
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Official languages for communication
India has not had a national language since its independence in 1947. However, the Indian Constitution, in 1950, declared Hindi in Devanagari script to be the official language of the Union. English was to be used for official purposes for a period not exceeding 15 years. In 1963, a constitutional amendment, The Official Languages Act, allowed for the indefinite use of English alongside Hindi in the Indian government until legislation decides to change it. The international form of Indian numerals, also known as Arabic numerals in English-speaking countries, is used for official purposes.
The Official Languages Act and the Official Languages Rules govern the language of communication between different states or between the union government and a state or a person in a state. Communication between states with Hindi as an official language must be in Hindi. Communication between a state where Hindi is an official language and one where it is not must be in English or in Hindi with an accompanying English translation (unless the receiving state agrees to dispense with the translation). Communication with states in "Region B", which do not have Hindi as an official language but have elected to communicate with the union in Hindi, is usually in Hindi, while communications sent to an individual in those states may be in Hindi and English. Communication with all other states, "Region C", and with people living in them, is in English.
The language used for communication between one state and another or between a state and the Union is the language authorised for use in the Union for official purposes. If two or more states agree, Hindi can be used for such communication. English shall continue to be used for official purposes within the State for which it was being used before the commencement of the Constitution.
Communications between different departments within the central government may be in English and Hindi (although the English text remains authoritative), and a translation into the other language must be provided if required. Communications within offices of the same department must be in Hindi if the offices are in Hindi-speaking states, and in either Hindi or English otherwise, with Hindi being used in proportion to the percentage of staff with a working knowledge of Hindi. Notes and memos in files may be in English and Hindi (although the English text remains authoritative), and the government has a duty to provide a translation into the other language if required. Every person submitting a petition for the redress of a grievance to a government officer or authority has a constitutional right to submit it in any language used in India.
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Formation of the three branches of government
The Constitution of India is a comprehensive document that outlines the country's fundamental laws and principles, including the formation and powers of its three branches of government: the executive, the legislature, and the judiciary. These branches work together to ensure a system of checks and balances, providing a framework for a democratic form of governance.
The executive branch of the Indian government is responsible for the administration and enforcement of laws. At the national level, it is headed by the Prime Minister, who is appointed by the President. The Prime Minister selects the Council of Ministers, which includes the Cabinet Ministers and Ministers of State, to assist in governing the country. The Council of Ministers is collectively responsible to the lower house of Parliament, known as the Lok Sabha, and can be removed by a vote of no confidence. The Prime Minister and Council of Ministers are responsible for overseeing various government departments and implementing policies.
The formation of the legislative branch, or the Parliament of India, is outlined in the Constitution. It consists of two houses: the Lok Sabha and the Rajya Sabha. The Lok Sabha, or House of the People, is the directly elected lower house, with up to 552 members. Elections for the Lok Sabha are held every five years, or whenever it is dissolved prematurely by the President on the advice of the Council of Ministers. The Rajya Sabha, or Council of States, is the upper house, with a maximum of 250 members. Most members of the Rajya Sabha are elected indirectly by the legislative assemblies of the states and union territories, while the President can appoint 12 members who possess special knowledge or practical experience in fields like literature, science, art, and social service. The members of the Rajya Sabha hold their seats for six years, with one-third of the members retiring every two years.
The Constitution also establishes the framework for the judiciary, which interprets the laws and resolves disputes. The Supreme Court of India is the highest judicial body, with the Chief Justice of India as its head. Below the Supreme Court is a network of lower courts, including High Courts at the state level and subordinate courts at the district and municipal levels. The judiciary's independence is ensured by the Constitution, which provides for the appointment and removal of judges by a process involving the executive and the judiciary itself, thus maintaining a separation of powers.
The Constitution of India also includes provisions for federalism, dividing powers between the central government and the states. While the central government handles matters of national importance, such as defense and foreign affairs, the state governments have significant power in areas like law and order, education, and health. This distribution of powers ensures that the diverse needs and interests of India's states and union territories are addressed effectively.
In conclusion, the Constitution of India provides a clear framework for the formation and functioning of the three branches of government, ensuring a balanced and democratic system of governance. The executive, headed by the Prime Minister, enforces laws and administers the country, while the legislature, comprising the Lok Sabha and Rajya Sabha, makes laws. The judiciary, led by the Supreme Court, interprets laws and safeguards citizens' rights. The Constitution's provisions for federalism further strengthen India's democratic fabric by distributing powers between the central and state governments.
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Fundamental principles of the state
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 and 1950 by the Constituent Assembly of India.
The Fundamental Rights are defined in Part III of the Indian Constitution from Article 12 to Article 35 and are applied irrespective of race, birthplace, religion, caste, creed, sex, gender, and equality of opportunity in matters of employment. They are enforceable by the courts, subject to specific restrictions. These rights are necessary for the peaceful and dignified existence of the country's citizens. The Fundamental Rights are also called the Magna Carta of the Indian Constitution.
The Directive Principles of State Policy (DPSP), on the other hand, are guidelines and principles enshrined in the Indian Constitution that direct the State in governance and policy-making to ensure the welfare of the people and the establishment of a just society. They are embodied in Part IV of the Constitution and are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the preamble. The DPSPs are non-justiciable and cannot be enforced by the courts, but they are considered fundamental to governance and serve as moral and political directives for the State.
The Fundamental Duties are set out in Part IV-A of the Constitution and concern individuals and the nation. Like the Directive Principles, they are not enforceable by the courts unless made enforceable by parliamentary law. They serve as a reminder to the people of their responsibilities towards the country.
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Frequently asked questions
Constitutional provisions are the set of rules or laws that come under a country’s Constitution. They establish the fundamental rights and duties of the citizens and cannot be changed or altered by the court or common law.
The Indian Constitution has entrusted the Central Government of India with several educational responsibilities. For example, Article 21A of the Indian Constitution gives the Right to Education to children aged 6 to 14 years. Article 346 states that English shall be used for official purposes between states.
Constitutional provisions cannot be modified through the courts or common law. They are inscribed within the founding laws and establish the interaction between the central government and the state.
Constitutional provisions are laws that are inscribed within the founding laws of a country. On the other hand, constitutional principles are a basic blueprint for how a country will be run.
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