Rights not Applicable to Foreign Nationals
Article 15
- Right against discrimination
Article 16
- Right to equality in public employment
Article 19
- Right to freedom
Right to contest in elections
Right to vote in Assembly and Parliament elections
Article 29
- Right to language, script or culture]
- Right to admission into any educational institution
Article 30
- Right to establish and administer education institutions
Right to Constitutional Remedies
Article 32
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights is guaranteed.
- The supreme court can issue directions or orders or writes for the enforcement of rights
- Parliament may by law empower any other court to exercise all or any of the powers exercisable by the supreme court under clause(2)
- The right guaranteed by this article shall not be suspended except as otherwise provided for this constitution
Writes
- habeas corpus
- mandamus
- prohibition
- quo warranto
- certiorari
Directive Principles of State Policy Article 37 to 51
Article 37
- Directive principles are not enforceable by any court
- these principles are fundamental in the governance of the country
- the state shall apply these principles in making laws
Article 38
- The state shall strive to promote the welfare of the people by securing and promoting a social order
- The state shall strive to minimise the inequalities is income and eliminate inequalities in status, facilities and opportunities
Article 39
- Certain principles of policy to be followed by the state
- The state shall direct its policy to secure
- That the citizens, men and women equally, have the right to an adequate means of livelihood
- the even distribution and control of material resources of the community to subserve the common good
- that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
- that there is equal pay for equal work for both men and women
- the men, women and children from being abused or forced by economic necessity to enter a vocation to their age or strength
- that children are
- given opportunities and facilities to develop in a healthy manner
- provided with freedom and dignity
- protected against exploitation and against moral and material abandonment
Article 39 A
- Equal justice and free legal aid
- state shall provide free legal aid, by suitable legislation or schemes or in any other way, to ensure justice to all its citizens
Article 40
- Organisation of village panchayats
- state shall organise panchayats and empower them function as units of self-government
Article 41
- Right to work, education and public assistance in certain cases
- state shall make provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and other disabilities
Article 42
- Provision for just and humane conditions of work and maternity relief
- The state shall make provisions for securing just and humane conditions of work and for maternity relief
Article 43
- State shall endeavour
- to secure a decent standard life by providing work to all the workers, agricultural, industrial or otherwise
- full enjoyment of leisure and social and cultural opportunities
- to promote cottage industries on an individual or co-operative basis in rural areas
Article 43 A
- state shall make provisions to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry
Article 44
- state shall secure for its citizens a uniform civil code throughout the territory of India
Article 45
- Provision for free and compulsory education for children
Article 46
- Promotion of education and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
Article 47
- Duty of the state
- to raise the level of nutrition and the standard of living and to improve public health
- to prohibit the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injuries to health
Article 48
- State shall endeavour
- to organize agriculture and animal husbandry
- to take steps for preserving and improving the breeds
- to prohibit the slaughter of cows and calves and other milch and draught cattle
Article 48 A
- Protection and improvement of environment and safeguarding of forests and wildlife.
- the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country
Article 49
- Protection of monuments and places and objects of national importance
- state is obligated to protect every monument of place or object of artist or historic interest to be of national importance
Article 50
- Separation of judiciary from executive
- The state shall take steps to separate the judiciary from the executive in the public services of the state
Article 51
- Promotion of international peace and security
- The state shall endeavour to
- promote international peace and security
- maintain just and honourable relation between nations
- foster respect for international law and treaty obligations in the dealings of organized peoples with one another
- encourage settlement of international disputes by arbitration
Fundamental Duties Part IV A
Article 51 A
It is the duty of every citizen of India
- to abide by the constitution and respects its ideals and institutions, the National Flag and the National Anthem
- to cherish and follow the noble ideals which inspired our national struggle for freedom
- to uphold and protect the sovereignty, unity and integrity of India
- to defend the country and render national services when called upon to do so
- to
- promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities
- renounced practices derogatory to the dignity of women
- to value and preserve the rich heritage of our composite culture
- to protect and improve the natural environment including forests, lakes, rivers and wild life and have compassion for living creatures
- to develop the scientific temper, humanism and the spirit of inquiry and reform
- to safeguard public property and to abjure violence
- to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
- who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years
The President
Article 52
- There shall be a President of India.
- Executive power of the Union
- The executive power of the Union
- shall be vested in the President
- shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution
- Supreme command of the Defence Forces of the Union is vested in the President
Article 54
- Election of President
- President is elected by the members of an electoral college
- electoral college consist of
- elected members of the Legislative Assemblies of the state
- elected members of both Houses of Parliament
Article 55
- Process of election
- states are represented uniformly in the election of the President
- Vote calculation
- The election of the President is held
- by the system of “proportional representation by means of the single transferable vote”
- using a secret ballot
Article 56
- Term of office of President
- Tenure
- 5 years from the date on which he enters upon his office
- The President may
- by writing under his hand addressed to the Vice-President, resign his office
- for violation of the constitution, be removed from office by impeachment in the manner provided in article 61
- notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
- President must communicate his resignation to the Speaker of the house of the people
Article 57
- Eligibility for re-election
- A person who held or holds office as president is eligible for re-election to that office
Article 58
- Qualifications for election as President
- A person is eligible for presidential election if he
- is a citizen of India
- has completed the age of 35 years
- is qualified for election as a member of the house of the people
- A person is not be eligible for election if he holds any office of profit
- under the Government of India
- under the Government of any state
- under any local or other authority subject to the control of the said Governments
- Exceptions – Any sitting
- President
- Vice-President
- Governor
- Minister either for the Union or for any state
Article 59
- Conditions of President’s office
- The President shall
- not be a member of either House of Parliament or of a house of the Legislature of any state
- vacate his seat on the date on which he enters upon his office as President
- The President shall not hold any other office of profit
- The President shall be
- entitled without payment of rent to the use of his official residences
- entitled to such emoluments, allowances and privileges as may be determined by Parliament by law
- entitled to emoluments, allowances and privileges through special provisions as are specified in the Second Scheduled
- The emoluments and allowances of the President shall not be diminished during his term of office.
Article 62
- vacancy in the office of President
- Election for vacancy caused by the expiration of the term shall be completed before the expiration of the term.
- An election to fill a vacancy in the office of President
- may arise due to death, resignation or removal or otherwise
- shall be held within six months from, the date of occurrence of the vacancy
Impeachment of President
Article 61
- Procedure for impeachment of the president
- the charge for president’s impeachment shall be preferred by either house of Parliament
- NO such charge shall be referred unless
- resolution is moved after at least fourteen days notice in writing signed by not less than one-fourth of the total number of members of the house
- such resolution has been passed by a majority of not less that two-third of the total membership of the house
- President has the right to appear and to be represented at the investigation initiated by either of the house
- majority of not less than two-thirds of the total membership of the house is required to remove the President from his office