FS-UNIT-4-SEM-5-BSC-Introduction of Indian constitution
📘 Introduction to the Indian Constitution
🧭 What is a Constitution?
A constitution is the supreme law of a country. It lays down the framework of government, defines the powers and responsibilities of various organs, and guarantees fundamental rights to citizens. It acts as a guiding document for how a nation should be governed.
🇮🇳 What is the Indian Constitution?
The Constitution of India is the longest written constitution in the world. It provides the foundation of the democratic structure of India and ensures justice, liberty, equality, and fraternity for all citizens.
📅 Key Facts about the Indian Constitution
Aspect
Details
Drafting began
9 December 1946 (Constituent Assembly formed)
Adopted on
26 November 1949
Came into force on
26 January 1950 (celebrated as Republic Day)
Chairman of Drafting Committee
Dr. B. R. Ambedkar
Number of Articles (originally)
395 (Now over 470 due to amendments)
Number of Schedules
12
Number of Parts
25
🌟 Features of the Indian Constitution
Written and Detailed – Clearly written rules for governance.
Democratic and Republican – Power lies with the people; head of state is elected.
Federal Structure with Unitary Features – Division of powers between center and states.
Parliamentary System – Executive is accountable to the legislature.
Independent Judiciary – Supreme Court as the guardian of the Constitution.
Fundamental Rights and Duties – Guarantees civil liberties and duties to citizens.
Directive Principles of State Policy – Guidelines to government for social welfare.
Secularism – Equal respect for all religions.
Amendable – Can be changed with time, through constitutional amendments.
✍️ Preamble to the Indian Constitution
The Preamble is the introductory statement that reflects the philosophy and vision of the Constitution.
“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, Liberty, Equality, and Fraternity…”
The Indian Constitution is not just a legal document, but the soul of Indian democracy. It empowers citizens, limits government power, and promotes justice and equality. It is a living document that continues to evolve with the needs of the nation.
🇮🇳 Fundamental Rights & Rights of Victims
🔹 As per the Indian Constitution and Legal Framework
🧭 Introduction
In India, Fundamental Rights are guaranteed to every citizen under the Constitution, ensuring dignity, equality, freedom, and justice. In addition, victims of crime have specific legal rights under various criminal laws and judicial rulings to ensure their protection, participation, and compensation in the justice process.
📜 Part A: Fundamental Rights (Applicable to All Citizens)
Under Part III of the Indian Constitution, the following are the key Fundamental Rights relevant to victims:
Article
Fundamental Right
Relevance to Victims
Article 14
Right to Equality
Equal treatment before the law regardless of gender, caste, or class
Article 19
Freedom of Speech & Expression
Right to express, file complaints, and seek justice
Article 21
Right to Life and Personal Liberty
Right to live with dignity, protection from violence, and fair legal procedures
Article 22
Protection against arbitrary arrest and detention
Ensures due process if the victim is falsely accused or arrested
Article 32
Right to Constitutional Remedies
Allows the victim to approach Supreme Court for protection of rights
🎯 Part B: Specific Rights of Victims in India
In addition to Fundamental Rights, victims have specific legal and procedural rights under Criminal Procedure Code (CrPC), 1973, and other legislations:
✅ 1. Right to Be Treated with Dignity and Respect
Victims have the right to humane, sensitive, and confidential treatment, especially in cases of rape, child abuse, and domestic violence.
✅ 2. Right to Medical Care and First Aid
Under Section 357C CrPC and Section 164A IPC, hospitals (private and public) must provide immediate free first aid and medical treatment to victims of rape or acid attack.
✅ 3. Right to File FIR and Legal Support
The victim has the right to:
File an FIR
Have a copy of FIR free of cost (Section 154 CrPC)
Access legal aid and protection
✅ 4. Right to Be Heard
Under Section 439 CrPC, victims (especially in serious crimes) have the right to participate in bail hearings.
In POCSO Act and Domestic Violence Act, the victim’s voice must be considered in proceedings.
✅ 5. Right to Compensation
Section 357A CrPC allows victims to receive compensation from State Victim Compensation Scheme for:
Physical or mental injury
Loss of income or livelihood
Rehabilitation needs
✅ 6. Right to Privacy and Protection
Victims have the right to:
In-camera trials (e.g., rape cases under Section 327 CrPC)
Non-disclosure of identity in the media
Police protection, if at risk
✅ 7. Right to Information
Victims have the right to be informed about:
Progress of the case
Arrest of the accused
Bail or release status
Trial and sentencing
✅ 8. Right to Appeal
Victims have the right to appeal against acquittal or inadequate sentence under Section 372 CrPC (as amended).
📌 Special Provisions for Vulnerable Victims
Category
Special Laws
Women
Protection of Women from Domestic Violence Act, 2005
Victims of crime in India are entitled to dignity, fairness, support, and justice—ensured through both constitutional rights and criminal laws. Nurses, police, and legal professionals must work together to uphold these rights, protect the victim, and restore trust in the justice system.
⚖️ Fundamental Rights – Rights of the Accused in India
(As per the Indian Constitution and Criminal Law)
🧭 Introduction
In a democratic and constitutional system like India, every person, including someone accused of a crime, is guaranteed basic human rights. These are derived from the Fundamental Rights under Part III of the Indian Constitution, and are further supported by the Criminal Procedure Code (CrPC) and Indian Penal Code (IPC). The principle is: “Innocent until proven guilty.”
📜 Fundamental Rights of the Accused
✅ 1. Article 14 – Right to Equality Before Law
The accused has the right to be treated equally under the law.
Ensures non-discrimination during investigation or trial.
✅ 2. Article 20 – Protection in Respect of Conviction for Offences
Clause
Provision
Article 20(1)
No ex post facto law – Cannot be punished under a law made after the act.
Article 20(2)
Protection against double jeopardy – Cannot be tried twice for same offence.
Article 20(3)
Protection against self-incrimination – Cannot be forced to testify against oneself.
✅ 3. Article 21 – Right to Life and Personal Liberty
No person can be deprived of life or liberty except according to the procedure established by law.
Includes protection from:
Illegal detention
Torture or third-degree treatment
Inhuman or degrading treatment in custody
✅ 4. Article 22 – Protection Against Arrest and Detention
Rights of the accused under arrest:
Be informed of the grounds of arrest.
Right to consult and be defended by a legal practitioner.
Must be produced before a magistrate within 24 hours.
Cannot be detained beyond 24 hours without magistrate’s permission.
✅ 5. Article 39A – Free Legal Aid
Ensures legal assistance is provided to the accused, especially if they are poor or disadvantaged, at the expense of the state.
📘 Additional Legal Rights (as per CrPC and Indian Law)
Right
Provision
Right to Bail
Sections 436–439 CrPC
Right to a Fair and Speedy Trial
Guaranteed under Article 21 and judicial rulings
Right to Remain Silent
Under Article 20(3) and CrPC Section 161(2)
Right to be Present During Trial
As per CrPC; the accused can hear all proceedings
Right to Cross-Examine Witnesses
Ensures fairness and opportunity to defend oneself
Right to Appeal
Accused can appeal in higher courts if convicted
🧾 Summary Table: Fundamental Rights of Accused
Fundamental Right
Article
Protection Provided
Right to Equality
Article 14
Equal protection under the law
Right against Self-Incrimination
Article 20(3)
No forced confession or statement against self
Right against Double Jeopardy
Article 20(2)
Cannot be punished twice for the same offence
Right to Legal Aid
Article 39A
Free legal help for poor accused persons
Right to Life and Liberty
Article 21
No illegal arrest, torture, or unfair treatment
Right to Know the Charges
Article 22
Right to be informed about reason for arrest
Right to Fair Trial
Article 21
Fair, unbiased, and timely judicial process
The rights of the accused are essential to ensure a fair and humane criminal justice system. These fundamental rights do not protect criminals, but ensure that innocent people are not wrongfully punished and that justice is served through lawful and ethical means.
🏛️ Human Rights Commission – India
(National and State Human Rights Commissions)
🧭 Introduction
The Human Rights Commission is a statutory body established to protect and promote human rights in India. These rights include the right to life, liberty, equality, and dignity guaranteed by the Constitution of India and international covenants.
📘 1. National Human Rights Commission (NHRC)
🔹 Establishment
Established under: Protection of Human Rights Act, 1993
Type: Statutory autonomous body
Headquarters: New Delhi
Status: Works independently from the government
🔹 Composition
Designation
Eligibility
Chairperson
Former Chief Justice of India
Members
– Former Supreme Court judge
markdownCopyEdit - Former Chief Justice of High Court
- Two human rights experts |
| Ex-officio members | Chairpersons of National Commissions for SCs, STs, Women, and Minorities |
🔹 Appointment & Tenure
Appointed by: President of India
On recommendation of a committee headed by the Prime Minister
Term: 3 years or until age 70, whichever is earlier
🔹 Functions of NHRC
Inquire into violations of human rights by public servants, police, or armed forces
Visit jails, detention centers, and report on conditions
Recommend compensation to victims of custodial violence
Promote human rights awareness and education
Encourage NGOs working in the field of human rights
Review laws and policies for human rights compatibility
📍 2. State Human Rights Commissions (SHRCs)
🔹 Purpose
To address human rights violations at the state level and assist the NHRC in its work.
🔹 Composition
Chairperson: Former Chief Justice of a High Court
Members: At least two members with legal or human rights background
Appointed by: Governor of the state
🔹 Jurisdiction of SHRC
Investigate state-level violations of human rights
Recommend action to state government
Work in coordination with police, prisons, and hospitals
⚖️ Powers of NHRC & SHRC
Power
Description
Judicial powers
Can summon witnesses, demand records, and function like a civil court
Recommendatory power
Can recommend compensation, disciplinary action, or reforms
No punishment power
Cannot punish or enforce recommendations – advisory in nature
🌐 Key Focus Areas of Human Rights Commissions
Custodial deaths and torture
Police brutality
Child and women abuse
Bonded and child labor
Human trafficking
Discrimination and neglect by public officials
Mental health patients’ rights
Prisoner rights and conditions in jails
The National and State Human Rights Commissions serve as watchdogs of human dignity and justice in India. Though they do not have enforcement power, their investigations, reports, and recommendations play a vital role in protecting citizens against abuse of power and promoting fair governance.