What is Constitutional law?
Constitutional law is the most fundemental law in India from which the country is goverened. India is a federal constiution, with strong central government and distributed powers among state Government. The constitution of India consists of below details
1. Preamble-Federalism- Secularism-Social justice-Interpretation of preamble
2. The Union and its territory: Name and territory of the union-Admission or Establishment of new States– Formation of a new State- Alteration of areas or boundaries- Names of the existing states
3. Citizenship: Right of citizenship of persons migrated from Pakistan, and persons of Indian origin residing outside of India, voluntary acquiring citizenship of foreign state not to be citizens continuance of the rights of citizenship, citizenship act.
4. Meaning and scope of state under Article 12 of Constitution of India
4.1. Local Authority – Municipalities, District Boards, Panchayats Improvement Trust and Mining settlement Boards, Body of Port Commissioners under the control or management of a municipal or local fund.
4.2. Other Authorities – Power to make laws, byelaws, rules, orders or regulations, are called ‘Other authorities’ within the meaning of Article 12.
4.3. State in the light of Fundamental rights and Self Government in India
5. Fundamental Rights - Definition – Laws inconsistent with or in derogation of the fundamental rights- The Right to equality, equality of opportunity-Prohibition of discrimination on grounds of religion, race caste, sex or place of birth.
6. Right to Freedoms
6.1. Freedom of Speech and Expression.
6.2. Freedom of the Press.
6.3. Freedom of Speech and Contempt of Court.
6.4. Freedom of Assembly.
6.5. Freedom of Association.
6.6. Freedom of Movement.
6.7. Freedom of Reside and Settle.
6.8. Freedom of Profession/Business, etc.,
6.9. Property and Social Control 1950 to 1978.
6.10. Property and Social Control-After 1978.
7.Right against exploitation
7.1. Prohibition of traffic in human beings and forced labour
7.2. Prohibition of employment of children in factories etc
7.3. Protection of interests of minorities
7.4. Right of minorities to establish and administer educational institutions.
8.Personal liberty:
8.1. Personal Liberty-meaning and scope
8.2. Rights against self incrimination and intellectual property rights IPR
8.3. Rights against Retroactive Punishment
8.4. Rights of an accused-Double jeopardy
9.Constitutional Remedies
9.1. Enforcement of fundamental rights with law of torts.
9.2. Power of parliament to modify the rights the conferred by this part in their application to forces e.t.c
10. Fundamental rights and Directive Principles:
10.1. Directive Principles-Reasons for incorporation.
10.2. Directive Principles-Directions of social change-A new social order.
10.3. Fundamental Rights and directive Principles-Inter relationship-Judicial balancing.
10.4. Constitutional Amendments-Arts. 31-A, 31-B and 31-C to strengthen Directive Principle
10.5. Judicial Policy towards directive Principles Fundamental Duties Art 51-A
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