Скачать с ютуб Indian Polity - Preamble & Constitution в хорошем качестве

Indian Polity - Preamble & Constitution

Preamble and Citizenship Preamble of Indian Constitution The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. Preamble gives idea about the following: (1) the source of the constitution, (2) nature of Indian state (3) a statement of its objectives and (4) the date of its adoption. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; And to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. We the people of India. The phrase “We the people of India” emphasizes that the constitution is made by and for the Indian people and not given to them by any outside power. It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people. Nature of Indian state 1. Sovereign: 2. Socialist: 3. Secular 4. Democratic: 5. Republic: Objectives of Indian State 1. Justice: Social, Economic and Political. 2. Equality: of status and opportunity. 3. Liberty : of thought, expression, belief, faith and worship 4. Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation. Date of its adoption Date of adoption of the Constitution is 26th November, 1949. But most of the articles in Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394. Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. Citizenship in India & Indian citizenship acts Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are:  Right to be discriminated on the basis of religion, race, sex, cast or birth of place  Equal opportunities in public employment  Right of six democratic freedoms (Article 19) + Cultural & educational rights Only citizens of India have the right to:  To hold civil an office  Right to vote and  Right to be judges of courts Indian citizenship act, 1955  Indian constitution provides single citizenship to all irrespective of the states a person belongs to  Constitution simply describes classes of people deemed to be citizens of India as on 26th Jan 1950 & leaves entire law of citizenship to be regulated by parliamentary laws The Parliament has enacted Indian citizenship act, 1955 for acquisition & loss of Indian citizenship. Since its commencement it has been amended four times:  The Citizenship (Amendment) Act, 1986.  The Citizenship (Amendment) Act, 1992.  The Citizenship (Amendment) Act, 2003.  The Citizenship (Amendment) Act, 2005. According to Indian citizenship act, 1955, Indian citizenship was extended to citizens of commonwealth countries but this law was repealed by amendment in 2003 ________________________________________ Acquisition of Indian Citizenship as per Citizenship act, 1955 Citizenship by birth: Every person who is born in India on or after January 26, 1950, shall be a citizen of India by birth. Citizenship by descent: A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of the person’s birth. Citizenship by registration: A person can acquire Indian citizenship by registering themselves before the prescribed authority, e.g. persons of Indian origin who are ordinarily resident in India and have been so for five years immediately before making the application for registration; persons who are married to citizens of India. Citizenship by naturalization: naturalization which is a Legal process by which a citizen of one country becomes a citizen of another, a foreigner can acquire Indian citizenship, on application for naturalization to the Government of India. Termination of Indian Citizenship  Renunciation by Voluntary Act.  After acquiring the citizenship of another country.  Deprivation of citizenship by an order of the Government of India.