INDIAN CONSTITUTION IN TAMIL PDF

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Arihant GK Tamil - INDIAN CONSTITUTION PDF ARIHANT புத்தகத்தின் அரசியலமைப்பு. *TNPSC UPSC RRB SSC. Indian Constitution and Indian Polity Notes, Questions and Answers and Study Materials in Tamil – Click Below the links and get free download. TNPSC Indian Constitution and Indian Polity Notes, Questions and Answers and Study Materials in Tamil - Click Below the links and get free download in pdf of the Constitution of India Notes, Important Questions and Answers, Quiz, etc useful for TNPSC and other Competitive.


Indian Constitution In Tamil Pdf

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And at the same time, the community as a separate entity has its internal diversities and complexities as part of Indian society. Thirdly, Muslim community in general is characterised by low income. Although the economic and social situation of Muslims is not same throughout India, one cannot deny the fact that poverty and lack of genuine financial recourses are hampering socio-educational development of the community at every step Qasmi 7.

There is also lack of positive intervention from Government to uplift the socio-economically deprived lot. The issue of Muslim emancipation becomes centre of political debates, but functional results are yet to be discovered. Fourthly, there are some common problems shared by the Muslim population all over India in terms of pervasive and lingering sense of insecurity, apprehension of communal riots, marginalization and threat to religious and cultural identity Momin Proceedings of National Seminar on 26th November, Communal riots have become a sad reality in India and they showcase the internal tensions of country caused due to failure of internalisation of Secular principles within the society.

Especially, the horrid experiences of the last two decades in the form of Babri Masjid demolition and Gujarat Riots have severely tarnished the secular image of India. And the Muslim community is left with seclusion, mistrust and strong sense of alienation from the majority.

Post independence, Muslims faced problems in education, employment, housing politics, access to capital etc. Due to the inefficiency of their leaders, the Muslims face lack of access to state patronage, as a critical factor preventing them from improving their economic prospects unlike their Hindu counterpart Wilkinson and On the other hand, it is also pointed out that Muslims in India should have also tried to gain a position for themselves in the country by becoming a creative minority.

They may be the largest minority community, but they have become the most deprived of all groups in the country. By putting aside the memories of past glory, they can educate and develop themselves in consonance with the modern and fast changing setting in which they now find themselves. The priorities should be straightened Khan The tussle of attaining privilege and proving the worth has been inflicting upon the relation of the minority Muslim community of India with the equation of political power.

Therefore, the notion that social backwardness of Indian Muslim causes proliferation of madrasa has become a debatable theme. The Muslims of India, in their self-perception, prioritise their problems: physical security, employment, education and social justice.

Proceedings of National Seminar on 26th November, and calls for rigorous implementation. On the other hand, large segments of Muslims are myopic in varying degrees about another set of problems of considerable urgency: education of girls and social reform. This requires a different approach, at civil society levels, and must not exclude segments of traditional community leaders and Ulema whose impact on public perceptions is undeniable Qasmi It was formulated with the purpose of evaluating the progress and development of the minorities, monitoring the working of Constitutional safeguards, making recommendation for working of safeguards for protection of minority interests and looking into the specific complaints regarding deprivation of those safeguards and minority rights Sand But over the years, NCM has become a powerless body, whose reports and recommendations are not laid on the table of the Parliament with action taken report for years together Qasmi The major problem is with the Government set-up and lack of execution.

In the year , the Sachar Committee with Justice Rajendra Sachar as the Chairperson and other seven members, officially known as Prime Minister's High Level Committee For Preparation of Report on Social, Economic and Educational Status of the Muslim Community of India was constituted to look into the demographic distribution of Muslims, means of livelihood, asset base, income level in comparison to other social and religious groups, socio-economic development indicator, proportion of Other Backward Classes OBC in the Muslim Population, relative share of Muslims in private and public sector employment, their access to education, health services, municipal infrastructure, bank and Government sector entities Government of India vi-vii.

The important findings of the Report in terms of educational aspect are summarized: 1. Muslims are at a double disadvantage with low levels of education combined with low quality education; their deprivation increases manifold as the level of School of Politics and Public Administration, Tamil Nadu Open University, Chennai.

Proceedings of National Seminar on 26th November, education rises. State level estimates suggest that the literacy gap between Muslims and the general average is greater in urban areas and for women. The share of dropouts and children who have never attended school is still higher among Muslims than most other Socio Religious Categories SRCs. The Committee also recommended technical training for Muslims.

The role of the state for providing education was also highlighted Government of India This has resulted in Muslim households being poorly served by amenities compared to other SRCs. Improvement of rural social infrastructure in these states will provide Muslims better physical access to key amenities such as education, health, transport and communication.

About a third of small villages with high concentration of Muslims do not have any educational institutions. After collecting as much available material as possible and assessing the views expressed by western scholars, the commission recommended the retention of capital punishment in the present state of the country.

The commission held the opinion that having regard to the conditions of India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country, India could not risk the experiment of abolition of capital punishment.

In Jagmohan v. P [lviii] , the Supreme Court had held that the death penalty was not violative of Articles 14, 19 and It was said that the judge was to make the choice between the death penalty and imprisonment for life on the basis of circumstances, facts, and nature of crime brought on record during trial.

Therefore, the choice of awarding death sentence was done in accordance with the procedure established by law as required under article 21 But, in Rajindera Parsad v. State of Punjab [lx] , the leading case of on the question, a constitution bench of the supreme court explained that article 21 recognized the right of the state to deprive a person of his life in accordance with just, fair and reasonable procedure established by valid law.

It was further held that the death penalty for the offense of murder awarded under section of I. C did not violate the basic feature of the constitution. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Art. The following are some of the well-known cases on the environment under Article In M. Mehta v.

Union of India [lxii] , the Supreme Court ordered the closure of tanneries that were polluting water. Union of India [lxiii] , the Supreme Court issued several guidelines and directions for the protection of the Taj Mahal, an ancient monument, from environmental degradation.

In Vellore Citizens Welfare Forum v. Union of India [lxiv] , the Court took cognizance of the environmental problems being caused by tanneries that were polluting the water resources, rivers, canals, underground water, and agricultural land. The Court issued several directions to deal with the problem. It includes the right to freedom from stray cattle and animals in urban areas. Union of India [lxvi] , the Court held that the blatant and large-scale misuse of residential premises for commercial use in Delhi violated the right to salubrious sand decent environment.

Taking note of the problem the Court issued directives to the Government on the same. Deora v. Union of India [lxvii] , the persons not indulging in smoking cannot be compelled to or subjected to passive smoking on account of the act of smokers.

Right to Life under Article 21 is affected as a non-smoker may become a victim of someone smoking in a public place. Right Against Noise Pollution In Re: Noise Pollution [lxviii] , the case was regarding noise pollution caused by obnoxious levels of noise due to bursting of crackers during Diwali.

It guarantees the right of persons to life with human dignity.

Constitution of India

The human life has its charm and there is no reason why life should not be enjoyed along with all permissible pleasures.

Anyone who wishes to live in peace, comfort, and quiet within his house has a right to prevent the noise as pollutant reaching him. Any noise, which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man, is nuisance…. While one has a right to speech, others have a right to listen or decline to listen.

Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life guaranteed by Article In Essar Oil Ltd.

Reiterating the above observations made in the instant case, the Apex Court in Reliance Petrochemicals Ltd.

Proprietors of Indian Express Newspapers, ruled that the citizens who had been made responsible to protect the environment had a right to know the government proposal. As long as , the English Magna Carta provided that, No freeman shall be taken or imprisoned… but… by the law of the land.

The smallest Article of eighteen words has the greatest significance for those who cherish the ideals of liberty. What can be more important than liberty? The Supreme Court of India has rejected the view that liberty denotes merely freedom from bodily restraint, and has held that it encompasses those rights and privileges that have long been recognized as being essential to the orderly pursuit of happiness by free men.

Police Regulations that provided for surveillance by way of domiciliary visits and secret picketing. The prohibition against its deprivation extended to all those limits and faculties by which the life was enjoyed. This provision equally prohibited the mutilation of the body or the amputation of an arm or leg or the putting of an eye or the destruction of any other organ of the body through which the soul communicated with the outer world.

The majority held that the U. Police Regulations authorizing domiciliary visits [at night by police officers as a form of surveillance, constituted a deprivation of liberty and thus] unconstitutional. The Court observed that the right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.

The Supreme Court has held that even lawful imprisonment does not spell farewell to all fundamental rights. Right to privacy has been culled by the Supreme Court from Art. For the first time in Kharak Singh v. Police Regulations constituted an infringement of any of the fundamental rights guaranteed by Part III of the Constitution.

It is true our Constitution does not expressly declare a right to privacy as a fundamental right but the said right is an essential ingredient of personal liberty.

Every democratic country sanctifies domestic life; it is expected to give him rest, physical happiness, peace of mind and security. In Govind v. State of Madhya Pradesh [lxxii] , The Supreme Court took a more elaborate appraisal of the right to privacy. In this case, the court was evaluating the constitutional validity of Regulations and of the Madhya Pradesh Police Regulations, which provided for police surveillance of habitual offenders including domiciliary visits and picketing of the suspects.

It is only persons who are suspected to be habitual criminals and those who are determined to lead a criminal life that is subjected to surveillance.

Mathew J. Hence, assuming that the right to personal liberty. Rajagopalan v. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, childbearing and education among other matters.

None can publish anything concerning the above matters without his consent — whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages. Position may, however, be different, if a person voluntarily thrusts himself into controversy or voluntarily invites or raises a controversy.

This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19 2 ] an exception must be carved out to this rule, viz. Once the facts in a given case constitute a right to privacy; Article 21 is attracted.

Scope and Content of Right to Privacy: Tapping of Telephone Emanating from the right to privacy is the question of tapping of the telephone.

Malkani v. The protection is not for the guilty citizen against the efforts of the police to vindicate the law and prevent corruption of public servants. Telephone tapping is permissible in India under Section 5 2 of the Telegraph Act, The Section lays down the circumstances and grounds when an order for the tapping of a telephone may be passed, but no procedure for making the order is laid down therein.

Union of India held that in the absence of just and fair procedure for regulating the exercise of power under Section 5 2 of the Act, it is not possible to safeguard the fundamental rights of citizens under Section 19 and Accordingly, the court issued procedural safeguards to be observed before restoring to telephone tapping under Section 5 2 of the Act. Telephone tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law.

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The procedure has to be just, fair and reasonable. The Supreme Court ruled that the right to privacy was not absolute and might be lawfully restricted for the prevention of crime, disorder or protection of health or morals or protection of rights and freedom of others. The court explained that the right to life of a lady with whom the patient was to marry would positively include the right to be told that a person, with whom she was proposed to be married, was the victim of a deadly disease, which was sexually communicable.

Right to privacy and subjecting a person to medical tests It is well settled that the right to privacy is not treated as absolute and is subject to such action as may be lawfully taken for the prevention of crimes or disorder or protection of health or morals or protection of rights and freedom of others.

In case there is a conflict between the fundamental rights of two parties that which advances public morality would prevail. A three-judge bench in case of Sharda v.

Ihp~; murpay; mikg;G

Dharmpal [lxxvi] , ruled that a matrimonial court had the power to direct the parties to divorce proceedings, to undergo a medical examination. Right to go abroad In Satwant Singh Sawhney v. In Maneka Gandhi v. Union of India [lxxviii] , the validity of Sec. The court held that the procedure contemplated must stand the test of reasonableness in order to conform to Art.

It was further held that as the right to travel abroad falls under Art. State of Uttar Pradesh [lxxix] , the petitioner was detained by the police officers and his whereabouts were not told to his family members for a period of five days.

Taking the serious note of the police high headedness and illegal detention of a free citizen, the Supreme Court laid down the guidelines governing arrest of a person during the investigation: An arrested person being held in custody is entitled if he so requests to have a friend, relative or other person told as far as is practicable that he has been arrested and where he is being detained.

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The police officer shall inform the arrested person when he is brought to the police station of this right.

An entry shall be required to be made in the diary as to who was informed of the arrest. Basu v. State of West Bengal [lxxx] , the Supreme Court laid down detailed guidelines to be followed by the central and state investigating agencies in all cases of arrest and detention till legal provisions are made in that behalf as preventive measures and held that any form of torture or cruel inhuman or degrading treatment, whether it occurs during interrogation, investigation or otherwise, falls within the ambit of Article The convicts are not by mere reason of their conviction deprived of all the fundamental rights that they otherwise possess.

Following the conviction of a convict is put into a jail he may be deprived of fundamental freedoms like the right to move freely throughout the territory of India. But a convict is entitled to the precious right guaranteed under Article 21 and he shall not be deprived of his life and personal liberty except by a procedure established by law [lxxxi]. Union of India, the Supreme Court gave a new dimension to Article The Court has interpreted Article 21 so as to have widest possible amplitude.

On being convicted of a crime and deprived of their liberty in accordance with the procedure established by law. Article 21, has laid down a new constitutional and prison jurisprudence [lxxxii]. Hoskot v. In other words, an accused person at lease where the charge is of an offense punishable with imprisonment is entitled to be offered legal aid, if he is too poor to afford counsel.

Counsel for the accused must be given sufficient time and facility for preparing his defense. Breach of these safeguards of a fair trial would invalidate the trial and conviction. Home Secretary, State of Bihar [lxxxiv] , it was brought to the notice of the Supreme Court that an alarming number of men, women, and children were kept in prisons for years awaiting trial in courts of law. The Court took a serious note of the situation and observed that it was carrying a shame on the judicial system that permitted incarceration of men and women for such long periods of time without trials.

The Court held that detention of under-trial prisoners, in jail for a period longer than what they would have been sentenced if convicted, was illegal as being in violation of Article of The first and foremost difference between the two articles is that Proceedings under Article are in exercise of the original jurisdiction of the High Court while proceedings under Article of the Constitution are not original but only supervisory.

Article substantially reproduces the provisions of Section of the Government of India Act, , excepting that the power of superintendence has been extended by this Article to tribunals as well. Though the power is akin to that of an ordinary court of appeal, yet the power under Article is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors.

The court further observed that power under Article shall be exercised only in cases occasioning grave injustice or failure of justice such as when: i The court or tribunal has assumed a jurisdiction which it does not have, ii The court or tribunal has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice, and iii The jurisdiction though available is being exercised in a manner which tantamount to overstepping the limits of jurisdiction.

The Hon'ble Court in case of Surya Devi rai vs. Ram Chander Rai, further observed that there is lack of knowledge of the distinction between the understanding of Article and and hence it is a common custom with the lawyers labeling their petitions as one common under Articles and of the Constitution, though such practice has been deprecated in some judicial pronouncements. Ram Chander Rai laid down the following differences: i.

Firstly, the writ of certiorari is an exercise of its original jurisdiction Article by the High Court; exercise of supervisory jurisdiction Article is not an original jurisdiction and in this regard, it is akin to appellate revisional or corrective jurisdiction. Secondly, in a writ of certiorari, the record of the proceedings having been certified and sent up by the inferior court or tribunal to the High Court, the High Court if inclined to exercise its jurisdiction, may simply annul or quash the proceedings and then do no more Art In exercise of supervisory jurisdiction Art the High Court may not only quash or set aside the impugned proceedings, judgment or order but it may also make such directions as the facts and circumstances of the case may warrant, may be by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by the High Court.

In appropriate cases the High Court, while exercising supervisory jurisdiction, may substitute the impugned decision with a decision of its own, as the inferior court or tribunal should have made. The jurisdiction under Article of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved but the power conferred under Article viz the supervisory jurisdiction is capable of being exercised suo moto as well.

The court concluded that under Article of the Constitution, writ is issued for correcting gross errors of jurisdiction, i. Supervisory jurisdiction under Article of the Constitution is exercised for keeping the subordinate courts within the bounds of their jurisdiction.

When the subordinate court has assumed a jurisdiction which it does not have, or has failed to exercise a jurisdiction which it does have, or the jurisdiction though available is being exercised by the court in a manner not permitted by law, and failure of justice or grave injustice has occasioned thereby, the High Court may step in to exercise its supervisory jurisdiction.

The Hon'ble Supreme Court, through this judgment, brought all the subordinate Judicial bodies under the ambit of Article of the Constitution of India, curtailing the alternate remedy of Appeal available to the aggrieved, which directly or indirectly made no difference in the powers of Article and of the Constitution of India. L Dattu. CJI, Sikri.

INDIAN POLITY – Articles of the indian Constitution in tamil

J, and A.Momin, A. Ram Chander Rai laid down the following differences: i. Union of India [lxvii] , the persons not indulging in smoking cannot be compelled to or subjected to passive smoking on account of the act of smokers. The court distinguished the ruling in Olga Tellis v. Wadhwa, K. Have any questions?

Therefore, the Constitutional safeguards vis-a-vis minority and their institutions are furthering a tussle and we are still to hope for a unified Madrasa Board in India. Clauses 5 and 6 thus mention- 5 WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and 6 WHEREIN adequate safeguards shall be provided for minorities, backward and It is an important landmark in the process of Constitution making of India, for freedom of minorities to exercise their own faith with special safeguards.

The Court observed that the right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.

Union of India [iii] , the Supreme Court gave a new dimension to Art.

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