Constitution of India

The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, 94 amendments and 117,369 words. It is the longest written constitution of any country on earth. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity.

The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.

It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution.

IPC - The Indian Penal Code is the official criminal code of India

The Indian Penal Code is the official criminal code of India, which was drafted in 1860. It’s objective is to provide a general penal code for the country. It has 511 sections across 23 chapters, providing the list of crimes along with their definitions and punishments.

History of Indian Penal Code

The First Law Commission prepared the draft of the Indian Penal Code which was chaired by Thomas Babington Macaulay in the year 1834. Elements were also derived from the Napoleonic Code and the Louisiana Civil Code of 1825. The drafting was completed in the year 1850 and was presented to the Legislative Council in the year 1856. The draft became law and came into operation on January 1, 1862.

Overview

The objective of the Indian Penal Code is to lay what is right and what is wrong and to lay down the punishment for committing such wrong. In criminal law, the “intention” of committing the crime plays a huge role in deciding the liability of the offense.

There are usually five stages of committing the crime: Motive, Intention, Preparation, Attempt, and Commission. Liability in crime arises when one goes beyond the stage of preparation and attempts to do the illegal act.

Broad classification of crimes under the Indian Penal Code (IPC):

Crime against the body – Murder, Culpable homicide not amounting to murder, kidnapping, etc.

Crimes against property – Theft, dacoity, burglary, etc.

Crimes against public order – Riots and Arson

Economic crimes – Cheating and Counterfeiting

Crimes against women – Rape, dowry death, cruelty by husband and relatives, molestation, sexual harassment and importation of girls

Crimes against children – Child rape, kidnapping, and abduction of children, selling and buying of girls for prostitution, abetment to suicide, infanticide, foeticide.

The Indian Penal Code (IPC) covers the substantial part of criminal law in India. It defines various common criminal offenses. For example, it lays down the definition of murder, theft, assault and several other offenses and also stipulates appropriate punishments for each one of them. For example, the offense of “theft” is defined under Section 378 of the Indian Penal Code. It says that if any person dishonestly intends to take away any movable property out of the possession of any person without his/her consent, and moves that property, then he/she is said to commit the offense of theft.  Mere intention to take somebody’s property without actually going ahead with the later process does not constitute theft.

The Act further provides for an explanation of various sections. These explanations further elaborate on the sections. For example, Section 378 provides five explanations to the definition of theft:

Explanation 1: A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. 

Explanation 2: A moving effected by the same act which affects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by sepa­rating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied, and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

The Punishment for theft is stipulated in Section 379 which prescribes punishment for imprisonment extendable up to three years, or with fine, or both.

Different crimes carry different punishments according to the severity of the offense committed. For example, the punishment for murder is either death or life imprisonment.

First, the definition of the offense is laid down, and then the punishment for the offense is provided. In addition to the Indian Penal Code, there is other special legislation such as the Information Technology Act, the Prevention of Corruption Act, Indecent Representation of Women Act, the Narcotics and Psychotropic Substances Act, etc. which also enable classification and punishment of criminal acts.

The definition only gives an idea of what the offense is. It does not tell us what we should do if someone has stolen our property, or whom should we seek justice from? Or, what can the police do in this regard? In other words, the Indian Penal Code is only concerned with substantive criminal law and not with procedural criminal law. Procedural Law is spelled out in the Criminal Procedure Code, 1973.

What are the objectives of criminal law?

What are the objectives of criminal law?

Every crime is composed of criminal elements. Criminal law informs and then covers the serious, potential consequences or sanctions for failure to abide by its rules. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment are now prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may also be solitary. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime.

Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Values placed on each of them depends on different jurisdictions.

Retribution: Criminals Must Be Punished in some way. This is the Goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. One who murders may be executed himself. A related theory includes the idea of "righting the balance."

Deterrence: The aim of deterrence is to impose a sufficient penalty to discourage the offender from criminal behavior now and in future. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, all the other individuals are discouraged from committing those very offenses.

Incapacitation: Keep criminals away from society so that the public is protected from their misconduct. This objective is achieved through prison sentences. Death penalty and banishment are no longer preffered for this purpose.

Rehabilitation: The main and primary goal of rehabilitation is to prevent further offense by convincing the offender that their conduct was wrong. Rehabilitation Aims at transforming an offender into a valuable member of society.

Restoration: The goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, that is, returning the victim to his or her original position before the injury. Restoration is a victim-oriented theory of punishment.

TRADEMARKS BASICS

Fundamental Rights

The Fundamental Rights

Right to Equality

Towards this end, the Constitution also abolished Untouchability and Titles.

Right to Freedom

freedom of speech and expression;

assemble peaceably and without arms;

form associations or unions;

move freely throughout the territory of India;

reside and settle in any part of the territory of India; and

practice any profession, or to carry on any occupation, trade or business.

Right against Exploitation

This right prohibits traffic in human beings and forced labor. It also lays down that no child below the age of 14 years will be employed in factories, mines, or other hazardous sectors.

Right to Freedom of Religion

This right lays down that all persons are equally entitled to freedom of conscience and the right to freely profess, propagate, and propagate religion. This is, however, subject to public order, morality, and health and to other relevant provisions laid down in the Constitution.  This Fundamental Right gives every religious denomination the freedom to establish and maintain institutions for religious and charitable purposes and to manage their religious affairs.

Cultural and Educational Rights

This right protects the interests of the minorities. It says,” Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.” It prohibits any educational institution maintained by or aided/funded by the State from denying admission to any citizen only on the basis of religion, race, caste or language. The right also gives minorities the freedom to establish and administer educational institutions.

Right to Constitutional Remedies

This provides for remedies for the enforcement of the Fundamental Rights provided by the Constitution, including the right to move the Supreme Court of India.

Right to Education

Incorporated through the Constitution (Eighty-sixth Amendment) Act, 2002, it says that the state shall provide free and compulsory education between the age of six and 14 years “in such manner as the State may, by law, determine”.

One of the Fundamental Rights originally included in the Constitution, the Right to Property, was omitted through the Forty-fourth Constitutional Amendment in 1978. It was instead recognized as a “legal right”.

Fundamental Duties

Along With Fundamental Rights Come Fundamental Duties.

Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Cherish and follow the noble ideals which inspired our national struggle for freedom.

Uphold and protect the sovereignty, unity, and integrity of India.

Defend the country and render national service when called upon to do so.

Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.

Value and preserve the rich heritage of our composite culture.

Protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Develop the scientific temper, humanism, and the spirit of inquiry and reform.

Safeguard public property and to abjure violence.

Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

India’s Constitutional Bodies

India’s Constitutional bodies refer to a number of bodies or institutions which help in governance and act as watchdogs in specific spheres.

Election Commission of India (ECI)

The Election Commission of India is responsible for ensuring the conduct of free and fair elections in the country. These include elections to the Lok Sabha, Rajya Sabha and state legislatures. The commission also conducts the election of the President and the Vice-President.

The commission is headed by the Chief Election Commissioner (CEC) who is assisted by one or more Election Commissioners as appointed by the government. Besides the actual conduct of elections, its responsibilities also include scrutinizing election expenses and registration of political parties.

 

Comptroller and Auditor General of India (CAG)

The CAG of India plays the role of a watchdog when it comes to scrutinizing the expenditure by the government under different heads and projects. Over the years, its annual reports have brought to light many anomalies in the manner in which finances allocated for specific purposes were used and losses caused to the state exchequer due to faulty implementation of projects and programs.

CAG reports on the accounts of the central government and its departments, including Public Sector Undertakings (PSUs), are tabled in Parliament every year. Similarly, CAG reports detailing the accounts of state governments, their departments and state undertakings are tabled in the state assembly each year.

The founding father of the Indian Constitution, Dr B R Ambedkar, had told the Constituent Assembly that the CAG was possibly the most important officer in the country as he kept a close watch on how government money was being spent.

Attorney General of India

The Attorney General (AG) is the Indian government’s senior-most legal officer. It is the duty of the AG, who holds the rank of a Supreme Court Judge, to advise the government on legal matters on which his or her opinion is sought.

The Attorney General appears in the Supreme Court in cases involving the Indian government. He can, however, appear in all courts across the country depending on the government’s requirements.

Union Public Service Commission (UPSC)

The UPSC is responsible for recruitments to All India Services, Central Services and services of Union Territories. It is headed by a Chairman and has 8-10 other members as decided by the President of India.

The commission is tasked with framing and amending recruitment rules for different government services and posts. It also looks into disciplinary issues relating to government services.

The All India Services whose members are selected under the examination and interview process conducted by the UPSC include the Indian Foreign Service (IFS), Indian Administrative Service (IAS), the Indian Police Service (IPS), the Indian Revenue Service (IRS) to name a few.

Finance Commission of India

The Constitution provides for a Finance Commission of India to decide on the distribution of taxes between the central and state governments in keeping with the country’s federal structure. It is headed by a chairman and has other members appointed by the President of India.