NAME: HARUNA BURAH

REGISTRATION NO: GU20R1416

SEMESTER: 2ND SEMESTER
SUBJECT: CONSTITUTION OF INDIA
SUBMITTED TO: DR. AMIR
MAHMOOD
SUBMITTED BY: HARUNA BURAH
SUBMISSION OF ASSIGNMENT OF ‘CONSTITUTION OF INDIA’ B. TECH. 2 nd
SEMESTER

QUESTIONS:

Question No. 1 – Fundamental Rights

Question No. 2 – President of India or Presidential Government in Nigeria

1. Fundamental Rights

Definition of Fundamental Rights

Fundamental rights are a group of rights that have been recognized by the Supreme Court as
requiring a high degree of protection from government encroachment. These rights are
specifically identified in the Constitution (especially in the Bill of Rights), or have been
found under Due Process. unless the context otherwise requires, “the State” includes the
Government and Parliament of India and the Government and the Legislature of each of the
States and all local or other authorities within the territory of India or under the control of the
Government of India.

Laws of Fundamental Rights

 There are six fundamental rights recognised by the Indian constitution:

 The right to equality (Articles 14-18),

 The right to freedom (Articles 19-22),
 The right against exploitation (Articles 23-24),
 The right to freedom of religion (Articles 25-28),
 Cultural and educational rights (Articles 29-30) and
 The right to constitutional remedies (Article 32 and 226).[1]

The right to equality:

Equality before law.—The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India. Article 15 prohibits discrimination
on the grounds of religion, race, caste, sex, place of birth, or any of them. This right can be
enforced against the State as well as private individuals, with regard to free access to places
of public entertainment or places of public resort maintained partly or wholly out of State
funds.

1. The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
2. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to—
(a). access to shops, public restaurants, hotels and places of public entertainment; or
 (b). the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the general
public.
3. Nothing in this article shall prevent the State from making any special provision for
women and children.

The right to freedom:

Protection of certain rights regarding freedom of speech, with the view of guaranteeing
individual rights that were considered vital by the framers of the Constitution, and these
Articles also include certain restrictions that may be imposed by the State on individual
liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil
rights, which are available only to citizens of India.

 All citizens shall have the right :-

a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to reside and settle in any part of the territory of India;
e) to practise any profession, or to carry on any occupation, trade or business;
f) to move freely throughout the territory of India;
 Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law,
or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub-clause in the interests
of 6 [the sovereignty and integrity of India,] the security of the State, friendly
relations with foreign States, public order, decency or morality, or in relation to
contempt of court, defamation or incitement to an offence.]

The right against exploitation:

The right against exploitation lays down certain provisions to prevent exploitation of the
weaker sections of the society by individuals or the State.  Article 23 prohibits human
trafficking, making it an offence punishable by law, and also prohibits forced labour or any
act of compelling a person to work without wages where he was legally entitled not to work
or to receive remuneration for it. However, it permits the State to impose compulsory service
for public purposes, including conscription and community service.

Prohibition of traffic in human beings and forced labour.—(1) Traffic in human beings and
beggar and other similar forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law.
Prohibition of employment of children in factories, etc.—No child below the age of fourteen
years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.

The freedom of Religion

According to the Constitution, there is no official State religion, and the State is required to
treat all religions equally, impartially and neutrally.

. Freedom of conscience and free profession, practice and propagation of religion.—

(1) Subject to public order, morality and health and to the other provisions of this Part,
all persons are equally entitled to freedom of conscience and the right freely to
profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the
State from making any law—
(a) Regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
(b) Providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of
Hindus.

Explanation I. - The wearing and carrying of kirpans shall be deemed to be

included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be
construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.

Cultural and Educational right

The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the
rights of cultural, linguistic and religious minorities, by enabling them to conserve their
heritage and protecting them against discrimination.

Protection of interests of minorities

 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.
 No citizen shall be denied admission into any educational institution maintained by
the State or receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.

Right of minorities to establish and administer educational institutions

(1). All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
(2). The State shall not, in granting aid to educational institutions, discriminate against
any educational institution on the ground that it is under the management of a
minority, whether based on religion or language.

The right to constitutional remedies

Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself,
for enforcement of all the other Fundamental Rights, and the Supreme Court is
designated as the protector of these rights by the Constitution.[65] The Supreme Court
has been empowered to issue writs, namely habeas
corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of
the Fundamental Rights, while the High Courts have been empowered under Article
226 – which is not a Fundamental Right in itself – to issue these prerogative
writs even in cases not involving the violation of Fundamental Rights.[66] The
Supreme Court has the jurisdiction to enforce the Fundamental Rights even against
private bodies, and in case of any violation, award compensation as well to the
affected individual. Exercise of jurisdiction by the Supreme Court can also be suo
motu or on the basis of a public interest litigation. This right cannot be suspended,
except under the provisions of Article 359 when a state of emergency is declared.
Remedies for enforcement of rights conferred by this Part:-
i. The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
ii. The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, for the enforcement of
any of the rights conferred by this Part.
iii. Without prejudice to the powers conferred on the Supreme Court by clauses
(1) and (2), Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the powers exercisable by
the Supreme Court under clause (2).
iv. The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.
  ADVANTAGE OF FUNDAMENTAL RIGHT

Fundamental Rights protect the liberties and freedom of the citizens against any invasion by
the state and prevent the establishment of the authoritarian and dictatorial rule in the country.
They are very essential for the all-round development of the individuals and the country.

 DISADVANTAGE OF FUNDAMENTAL RIGHT

The two major drawbacks of Fundamental Duties are:

 Some of the duties are vague in nature.
 Duties carry no penal provisions and cannot be enforced by Writs. However, showing
disrespect to the National Flag is an offense punishable in accordance with the law.

Q2. President of India or Presidential Government in Nigeria

Presidential Government in Nigeria/Presidential system of Government in Nigeria

Definition: A presidential system, or single executive system, is a form of government in

which a head of government (president) leads an executive branch that is separate from the
legislative branch in systems that use separation of powers. This head of government is in
most cases also the head of state.

The president of the Federal Republic of Nigeria is the head of state and head of government
of the Federal Republic of Nigeria. The president of Nigeria is also the commander-in-
chief of the Nigerian Armed Forces. The president is elected in national elections which take
place every four years. The offices, powers, and titles of the head of state and the head of
government were officially merged into the office of the presidency under the 1979
Constitution of Nigeria.

In the Constitution of Nigeria:

 There shall be for the Federation a President

 The President shall be the Head of State, the Chief Executive of the Federation and
Commander-in-Chief of the Armed Forces of the Federation.
 A person shall be qualified for election to the office of the President if –

(a) He is a citizen of Nigeria by birth;

(b) He has attained the age of forty years;

(c) He is a member of a political party and is sponsored by that political party; and
 (d) He has been educated up to at least School Certificate level or its equivalent.

 An election to the office of President shall be held on a date to be appointed by the

Independent National Electoral Commission.
 An election to the said office shall be held on a date not earlier than sixty days and not
later than thirty days before the expiration of the term of office of the last holder of
that office.
 Where in an election to the office of President one of the two or more candidates
nominated for the election is the only candidate after the close of nomination, by
reason of the disqualification, withdrawal, incapacitation, disappearance or death of
the other candidates, the Independent National Electoral Commission shall extend the
time for nomination.
 Functions of the president of Nigeria

The president has the powers entrusted by the Constitution and legislation, including those
necessary to perform the functions of head of state and head of the national executive.

The president of Nigeria is responsible for:

 Assenting to and signing bills

 Referring a bill back to the National Assembly for reconsideration of the bill's
constitutionality
 Referring a bill to the Supreme Court for a decision on the bill's constitutionality
 Summoning the National Assembly or Parliament to an extraordinary sitting to
conduct special business
 Appointing ambassadors, plenipotentiaries, and diplomatic and consular
representatives and other federal officers with the advice and consent of a majority of
the Senate
 Appointing the Supreme Court justices of Nigeria on the recommendation of
the National Judicial Council of Nigeria and subject to confirmation by the Senate.

B - Establishment of certain Federal Executive Bodies 153.

1. There shall be established for the Federation the following bodies, namely:
a. Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
 (3) The composition and powers of each body established by subsection (1) of this
section are as contained in Part 1 of the Third Schedule to this Constitution.

(I) No person shall be qualified for appointment as a member of any of the bodies aforesaid
if –

(i) He is not qualified or if he is disqualified for election as a member of the House of

Representatives;

(ii) Within the preceding ten years, he has been removed as a member of any of the
bodies or as the holder of any other office on the ground of misconduct.

(iii) Any person employed in the public service of the Federation shall not be disqualified
for appointment as Chairman or member of any of such bodies: Provided that where such
person has been duly appointed he shall, on his appointment, be deemed to have resign his
former office as from the date of the appointment.

(iv) No person shall be qualified for appointment to any of the bodies aforesaid if, having
previously been appointed as a member otherwise than as an ex officio member of that
body, he has been re-appointed for a further term as a member of the same body.

(II) Subject to the provisions of subsection

(i) of this section, a person holding any of the offices to which this section applies may
only be removed from that office by the President acting on an address supported by
two-thirds majority of the Senate praying that he be so removed for inability to
discharge the functions of the office (whether arising from infirmity of mind or body
or any other cause) or for misconduct.
(ii) This section applies to the offices of the Chairman and members of the Code of
Conduct Bureau, the Federal Civil Service Commission, the Independent National
Electoral Commission, the National Judicial Council, the Federal Judicial Service
Commission, the Federal Character Commission, the Nigeria Police Council, the
National Population Commission, the Revenue Mobilisation Allocation and Fiscal
Commission and the Police Service Commission.
(iii) All members of the National Population Commission shall cease to be members if
the President declares a National Census Report as unreliable and the report is
rejected in accordance with section 213 of this Constitution.

(III) In exercising its power to make appointments or to exercise disciplinary control over persons,
the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the
Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal
Character Commission, and the Independent National Electoral Commission shall not be subject to
the direction or control of any other authority or person.

(IV) The National Population Commission shall not be subject to the direction or control of any other
authority or person:-

(i) In appointing, training or arranging for the training of enumerators or other staff of
the Commission to assist it in the conduct of any population census;
 (ii) In deciding whether or not to accept or revise the return of any officer of the said
Commission concerning the population census in any area or part of the Federation;
(iii) In carrying out the operation of conducting the census; and (d) in compiling its report
of a national census for publication.

(V)The quorum for a meeting of any of the bodies established by section 153 of this Constitution
shall be not less than one-third of the total number of members of that body at the date of the
meeting.

(i) A member of such a body shall be entitled to one vote, and a decision of the meeting may
be taken and any act or thing may be done in the name of that body by a majority of the members
present at the meeting.

(ii) Whenever such body is assembled for a meeting, the Chairman or other person presiding
shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called)
have a casting as well as a deliberative vote.

(iii) Subject to its rules of procedure, any such body may act or take part in any decision
notwithstanding any vacancy in its membership or the absence of any member.

Oath of office

The Constitution of Nigeria specifies an oath of office for the president of the federation. The
oath is administered by the chief justice of the Supreme Court of Nigeria or the person for the
time being appointed to exercise the functions of that office:

I do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal
Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my
duties to the best of my ability, faithfully and in accordance with the Constitution of the
Federal Republic of Nigeria and the law, and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will
strive to preserve the Fundamental Objectives and Directive Principles of State Policy
contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my
personal interest to influence my official conduct or my official decisions; that I will to the
best of my ability preserve, protect and defend the Constitution of the Federal Republic of
Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the
Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all
manner of people, according to law, without fear or favour, affection or ill-will; that I will not
directly or indirectly communicate or reveal to any person any matter which shall be brought
under my consideration or shall become known to me as President of the Federal Republic of
Nigeria, except as may be required for the due discharge of my duties as President; and that I
will devote myself to the service and well-being of the people of Nigeria. So help me God.

The President of Nigeria: Muhammadu Buhari

Style: Mr President

His Excellency

Member of: Federal Executive Council

National Security Council
Resident: Aso Villa

Seat: Abuja, F.C.T

Appointer: Direct popular election

Term length: Four years, renewable once

Constituting instrument: Constitution of Nigeria

Inaugural holder: Nnamdi Azikiwe

Formation: October 1, 1963

(57 years ago)

Deputy: Vice President of Nigeria

Salary: ₦30,000,000 annually [1].

Reference:

Constitution of India pg. 25-33, 6-20.

The Nigerian Constitution pg. 42-49.

Statehouse.gov.ng

 The Indian Constitution: Cornerstone of a Nation.