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Constitutional Provisions | Indian Society for UPSC CSE PDF Download

The main privileges granted to women by Constitution of India are as follows:

Equality before law

Article 14 embodies the general principles of equality before law and equal protection of laws. Prohibition from discrimination on grounds of religion, race, caste, sex or place of birth

  • Article 15(1) and (2)prohibits the state from discriminating against any citizen only on the basis of any one or more of the aspects such as religion, race, caste, sex, place of birth or any of them.
  • Article 15(3) makes it possible for the state to create special provisions for protecting the interests of women and children.
  • Article 15(4) capacitates the State to create special arrangements for promoting interests and welfare of socially and educationally backward classes of society.

Equality of Opportunity

  • Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  • Article 39 requires the State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood [Article 39(a)]:, and equal pay for equal work for both men and women [Article 39(d)].
  • Article 39A directs the State to promote justice, on the basis of equal opportunity and to promote free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Humane Conditions at Work

  • Article 42 directs the State to make provision for securing justice and humane conditions of work and for maternity relief.

Fundamental Duty

  • Article 51A (e)enjoins upon every citizen to renounce practices derogatory to the dignity of women.

Reservation of seats for Women in Legislative Bodies

  • Article 243 D and Article 243 T Provide for reservation of not less than one third of total number of seats in Panchayats and Municipalities for women to be allotted by rotation to different Constituencies.
  • Article 243 D and T provides that not less than one third of the total number of officers of chairperson in the Panchayat and Municipalities at each level be reserved for women.
  • Article 330A to the constitution, which borrows from the provisions of Article 330, which provides for reservation of seats to SCs/STs in the Lok Sabha.The Bill provided that reserved seats for women may be allotted by rotation to different constituencies in states or Union Territories.
  • In the seats reserved for SCs/STs, the Bill  sought to provide one-third of the seats to be reserved for women on rotational basis.
  • Article 332A, mandates the reservation of seats for women in every state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women, and one-third of the total seats filled through direct elections to the Legislative Assemblies shall also be reserved for women.

Voting rights/Electoral law

  • Article 325 says that No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
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FAQs on Constitutional Provisions - Indian Society for UPSC CSE

1. What are the key Constitutional provisions related to the UPSC exam?
Ans. The key Constitutional provisions related to the UPSC exam include Article 315 to Article 323 of the Indian Constitution, which provide for the establishment, composition, and functions of the Union Public Service Commission (UPSC).
2. Is there any reservation policy in the UPSC exam as per the Constitution?
Ans. Yes, as per the Constitution, there is a reservation policy in the UPSC exam for various categories such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Sections (EWS).
3. Can the Constitutional provisions related to the UPSC exam be amended?
Ans. Yes, the Constitutional provisions related to the UPSC exam can be amended through the process of Constitutional amendment as outlined in Article 368 of the Indian Constitution.
4. How do the Constitutional provisions ensure the independence of the UPSC exam conducting body?
Ans. The Constitutional provisions ensure the independence of the UPSC exam conducting body by providing for the appointment of members of the Commission by the President of India, and by specifying their terms of office and conditions of service.
5. Are there any Constitutional safeguards to prevent political interference in the UPSC exam process?
Ans. Yes, the Constitution provides safeguards to prevent political interference in the UPSC exam process by ensuring that the UPSC is an autonomous body with the power to conduct exams and make appointments without external influence.
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