Indian Constitution for Top Karnataka Government Exams

The Indian Constitution is a set of fundamental principles that regulate how a state is organized. The Constitution of India was passed on 26th November 1949. On 26th November 1949, the provisions relating to citizenship, elections, and provisional Parliament were implemented, whereas the remaining provision came into force on 26th January 1950.

Important Features of the Indian Constitution

Use of Various Sources to Draw the Constitution – Bicameralism from the UK, Fundamental Rights from the USA, Fundamental Duties from USSR, etc.

Begins with a Preamble– The Preamble of the Indian Constitution elucidates the Constitution’s philosophical foundations.

Lengthienst Constitution in Written Form– The Indian Constitution has 25 Parts, 12 Schedules, and 448 Articles and is the lengthiest written Constitution.

Republic– The Head of State of India is not a hereditary position in India. In India, the President is the Head of State, and they are elected.

Democratic Country– The elected representatives of the people have the governing power.

Sovereign Country– Managing internal and external affairs without any external force.

Secularity– India is a secular state, i.e., it gives equality to all religions.

Blend of Unitary and Federal System– There are separate governments for the Union and States in India. The Union and State Lists determine the legislative domain of the Union and State Governments. 

Independent Judiciary– The states have their own High Courts, but the decisions of these high courts are subject to the appeal of the Supreme Court. 

Universal Adult Franchise – Every citizen above 18 years has a right to vote. 

Independent Bodies– The Constitution provides an independent election commission besides the Government’s legislative, executive, and judicial organs.

Fundamental Duties– To promote national unity, integrity, sovereignty, respect the Constitution, preserve rich cultural heritage, and promote common brotherhood.

Fundamental Rights– To promote political democracy. 

Three Tier Government Structure- Union, state, and panchayats.

Fundamental Rights of the Indian Constitution

Rights are social claims that aid in developing an individual’s individuality. Originally there were seven Fundamental Rights, but the Consitution abolished the Right to Property with the 44th Amendment Act 1978. 

Right to Equality

The right to equality is one of the Indian Constitution’s six essential rights. It involves equality before the law and the prohibition of discrimination based on race, religion, gender, caste, or place of birth. It also covers equality of opportunity in areas of employment, abolition of untouchability, and titles. In other words, it is the right to live in a society with equal chances. It simply treats everyone the same and ensures that no one is given a unique advantage that would dishonour any individual or group. Our Constitution stipulates that the country’s laws would equally protect all persons.

The right to equality belongs not only to Indian nationals but also to all individuals living inside India’s borders. From the Prime Minister to the average person, every citizen is bound by the same laws. Public areas such as stores, restaurants, hotels, and multiplexes are open to all citizens. Similarly, there are no restrictions on using government-maintained wells, bathing ghats, roads, playgrounds, and public resorts. It is a measure of liberty enjoyed by the people, not “a rule of men.” Law should not be arbitrary, and privilege should not be guaranteed. Before the law, we should always equally treat the wealthy and poor.

Right to Freedom

The right to freedom provisions are contained in Articles 19, 20, 21A, 22.

Article 19 – As per this Article following six freedoms are given to every individual :

1. Freedom of speech and Expression – Everyone has the right to free speech and expression. However, in the interests of the country’s sovereignty and integrity and the State’s security, cordial relations with foreign countries, public order, and in cases of contempt of court, defamation, or incitement to an offence, the State can impose restrictions on this right.

2. Freedom to Assemble –  Every individual has the right to assemble without the use of arms peacefully. However, in the interests of public order and the country’s sovereignty and integrity, the State can impose limits.

3. Freedom to form associations, groups, and unions – In the sake of public order, morality, and the country’s sovereignty and integrity, the State can impose restrictions on to form groups, unions, and cooperative societies 

4. Freedom to move around freely  – A citizen of India has the right to move freely around the country. However, the Government can limit this right only if it is in the public’s best interests.

5. Freedom to reside and settle – Indian citizens have the right to live anywhere in the country. However, the State may establish some limits in the public interest or for the protection of scheduled tribes.

6. Freedom to practice any profession or engage in any business, occupation, or trade – Any company or profession can be carried on by anyone as long as it is not harmful or immoral. Professional or technical qualifications must also be obtained before engaging in any profession or trade.

Article 20 

This Article deals with the protection of citizens in respect of conviction of offences. It provides three types of protection to the individuals – 

Retrospective criminal legislation – Ex-post facto criminal legislation is another term for retrospective criminal legislation. A person cannot be prosecuted for an act committed before the act was declared an offence by law. This means – 

•  Criminal legislation cannot be applied retrospectively.
• This immunity does not apply to preventative detention, and it also does not apply to the trial.
• A person cannot be subjected to a punishment that is more than what is authorized by law for the offence committed, according to the law.

Double jeopardy  – This means a person can not be convicted more than once for the same offence.

Prohibition against self-incrimination – This means that no one accused of a crime can be called a witness against himself by the Government.

Article 21

This Article declares that the State may not deprive a person of their life or personal liberty unless the method prescribed by law is followed. This Article covers a wide range of topics, and its interpretation has changed dramatically throughout the years.

• The right to life has been defined by the Supreme Court as the right to a dignified life
•  this is the most crucial right since without it, all other fundamental rights would be useless.
• The distinction between a police state and a constitutional state is made in this Article.

Article 21 A

This Article provides that the State should provide free and compulsory education to all children of age between 6 years to 14 years in such a manner as the State may determine. It is applicable only for elementary education and not for higher education.

Article 22

This Article deals with the right to be free from arrest and detention under specific circumstances. Both citizens and non-citizens are covered in this Article. In the event of an arrest, this Article offers important procedural safeguards to persons. It is not a basic right to be free of detention and arrest. The goal of this right is to avoid arbitrary detention and arrests.

The following protections are provided in the Article:

• Any person detained must be notified of the reason for their detention. He also has the right to contact an attorney, which he cannot be denied.
• Within 24 hours of his arrest, the accused person must appear before a court magistrate.
• A person who has been arrested cannot be held in custody for longer than the judicial magistrate has determined.

These protections, however, do not apply to

• Alien invaders
• Detainees who have been detained under preventive detention laws

Right against exploitation ( It covers Article 23 and 24 )

Article 23

It provides the right against the trafficking of human beings  (like beggars) and other forms of forced labour.

Article 24

This Article prohibits the employment of children below the age of 14 years in any mine, factory, or other hazardous activities like construction work or railways. But it does not prohibit them from doing any harmless work.

Right to freedom of religion

Individuals and religious organizations in India have the right to freedom of religion under the Indian Constitution. Articles 25 to 28 are covered under this – 

Article 25 – Freedom of conscience and free profession, practise, and propagation of religion

This Article provides all people with the right to freedom of conscience and the right to profess, practise, and propagate religion.

• The freedoms are constrained by public order, health, and morality.
• This Article also states that the State has the authority to enact legislation that controls and bans any financial, economic, political, or other secular activity related to any religious practice.
• This allows for social welfare as well as the reform or opening up of Hindu religious institutions of a public nature to all Hindu sections and classes. Hindus are defined as persons who practice the Sikh, Jain, or Buddhist religions, and Hindu institutions are defined as well.

Article 26 -Freedom to manage religious affairs

This Article states that, subject to morality, health, and public order, every religious denomination has the following rights:

• The right to establish and sustain religious and charitable institutions.
• In matters of religion, the right to regulate one’s own affairs.
• The ability to purchase both immovable and moveable property.
• The authority to manage such property in accordance with the law.

 Article 27 –  Freedom as to payment of taxes for promotion of any particular religion

According to this Article, there can be no taxes whose earnings are directly utilized to promote or preserve any particular religion/religious denomination.

Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions

• This Article allows religious groups to impart religious teaching through educational institutions. 
• This law states that religious instruction will not be provided in government-run schools. But educational institutions managed by the State but formed under any endowment or trust that requires religious instruction to be offered in such institutions (that no religious instruction shall be provided) are exempted. 
• Any individual who attends a State-recognized educational institution or receives State funding is not forced to participate in religious instruction or attend religious worship in such institutions unless they have been granted permission. In the case of minors, their guardians must have provided their consent.

Article 29 – Protection of interest of minorities

The following are the rights of minority groups that are protected by this Article:

• The following are the rights of minority groups that are protected by this Article: provides that Indian nationals with a distinct culture, language, or script who live in India have the right to preserve their culture and language.
• Admission to educational institutions cannot be denied on the basis of race, religion, caste, language, or other factors if the institution is a state-run or state-funded institution. This is an individual’s right, not a collective one.

Article 30 – Right of Minorities to establish and run educational institutions.

• It guarantees all religious and linguistic minorities the right to establish and run their own educational institutions.
•  If the Government acquires such institutions, the Government is legally obligated to compensate the institutions appropriately.
• It states that when awarding help to educational institutions, the State cannot discriminate on the basis of whether or not a religious or political organization runs the school.

Article 32 – Right to Constitutional Remedies 

It states that an individual has a right to give a petition in the Supreme Court (SC) through suitable proceedings for the enforcement of their constitutional rights.

Conclusion

We hope the Article has given you the relevant information about the Indian Constitution for top Karnataka Government Exams. For any queries, contact us at Oliveboard.

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