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

  1. Right to language, script or culture]
  2. Right to admission into any educational institution

Article 30

  • Right to establish and administer education institutions

Right to Constitutional Remedies

Article 32

  1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights is guaranteed.
  2. The supreme court can issue directions or orders or writes for the enforcement of rights
  3. Parliament may by law empower any other court to exercise all or any of the powers exercisable by the supreme court under clause(2)
  4. 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

  1. The state shall strive to promote the welfare of the people by securing and promoting a social order
  2. 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
  1. That the citizens, men and women equally, have the right to an adequate means of livelihood
  2. the even distribution and control of material resources of the community to subserve the common good
  3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
  4. that there is equal pay for equal work for both men and women
  5. the men, women and children from being abused or forced by economic necessity to enter a vocation to their age or strength
  6. 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
  1. promote international peace and security
  2. maintain just and honourable relation between nations
  3. foster respect for international law and treaty obligations in the dealings of organized peoples with one another
  4. encourage settlement of international disputes by arbitration

 

Fundamental Duties Part IV A

Article 51 A

It is the duty of every citizen of India

  1. to abide by the constitution and respects its ideals and institutions, the National Flag and the National Anthem
  2. to cherish and follow the noble ideals which inspired our national struggle for freedom
  3. to uphold and protect the sovereignty, unity and integrity of India
  4. to defend the country and render national services when called upon to do so
  5. 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
  1. to value and preserve the rich heritage of our composite culture
  2. to protect and improve the natural environment including forests, lakes, rivers and wild life and have compassion for living creatures
  3. to develop the scientific temper, humanism and the spirit of inquiry and reform
  4. to safeguard public property and to abjure violence
  5. 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
  6. 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
  1. 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
  1. 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
  1. elected members of the Legislative Assemblies of the state
  2. elected members of both Houses of Parliament

Article 55

  • Process of election
  1. states are represented uniformly in the election of the President
  2. Vote calculation
  3. 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
  1. Tenure
  • 5 years from the date on which he enters upon his office
  • The President may
  1. by writing under his hand addressed to the Vice-President, resign his office
  2. for violation of the constitution, be removed from office by impeachment in the manner provided in article 61
  3. notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
  4. 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
  1. A person is eligible for presidential election if he
  2. is a citizen of India
  3. has completed the age of 35 years
  4. is qualified for election as a member of the house of the people
  5. 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
  1. 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
  1. The President shall not hold any other office of profit
  2. 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
  1. The emoluments and allowances of the President shall not be diminished during his term of office.

Article 62

  • vacancy in the office of President
  1. Election for vacancy caused by the expiration of the term shall be completed before the expiration of the term.
  2. 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
  1. the charge for president’s impeachment shall be preferred by either house of Parliament
  2. NO such charge shall be referred unless
  3. 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
  4. such resolution has been passed by a majority of not less that two-third of the total membership of the house
  5. President has the right to appear and to be represented at the investigation initiated by either of the house
  6. majority of not less than two-thirds of the total membership of the house is required to remove the President from his office