Indian Constitution .pptx introduction part 1

1.What Is Constitution Anyway?
Almost everything we do is governed by some set of rules. There are rules for
games (like- soccer), for social clubs and for adults in the workplace. There are
also rules imposed by morality and custom that play an important role in telling
us what we should and should not do.
For example- In the game of soccer, a referee has "full authority to enforce the Rules
or Law of the Game on the Players”, when a player do something against the Rules
referee takes action like send-off a player, as shown in images below.
should Should not Red-card

Some rules that are made by the legislatures (also known as Lok sabha/Rajya
Sabha in India), for there own country, are called “Law”.
We need Laws in Society so our society can regulate and work properly. They
are designed to protect us and our property and to ensure that everyone in
society behaves the way that the community expects them too.
Laws tell us what to expect as a consequence of our actions. Laws have been
the glue that has kept society together. Without laws there would be complete
anarchy.

I) In General-
The Constitution is the supreme law of the land. All other laws have to
conform to the Constitution. The constitution contains laws concerning the
government and its relations with the people.
A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.
Constitution
...
…
Government The People

GOVERNMENT
EXECUTIVE
JUDICIARY
LEGISLATIVE
CONSTITUTION
THE PEOPLE
Makes Laws
Interprets Laws
Enforces Laws
Fig.- Role of Constitution in relationship between Government and its people
Role of Constitution in relationship between Government and its people:-

II) Technical Definitions-
A constitution is a set of fundamental principles or established precedents
according to which a state or other organization is governed. These rules
together make up, i.e. constitute, what the entity is. When these principles are
written down into a single collection or set of legal documents, those
documents may be said to comprise a written constitution.
or
The document containing laws and rules which determine and describe the
form of the government, the relationship between the citizens and the
government, is called a Constitution.

2.Why Do We Need Constitution?
In General-
I. We need a constitution to govern a country properly.
II. The constitution defines the nature of political system of a country.
III. sometimes we feel strongly about an issue that might go against our larger
interests and the constitution helps us guard against this.
IV. All the 3 organs of government (executive, legislature and judiciary)
functions within the constitution. All the 3 organs of government, including
ordinary citizens, derive their power and authority (i.e. Fundamental Right)
from the constitution. If they act against it, it is unconstitutional and
unlawful.
So constitution is required to have authoritative allocation of power and
function, and also to restrict them within its limit.

To perform following Functions we need Constitution-
I. The first function of a constitution is to provide a set of basic rules that
allow for minimal coordination amongst members of a society.
II. The second function of a constitution is to specify who has the power to
make decisions in a society. It decides how the government will be
constituted.
III. The third function of a constitution is to set some limits on what a
government can impose on its citizens. These limits are fundamental in
the sense that government may ever trespass them.
IV. The fourth function of a constitution is to enable the government to fulfill
the separations of a society and create conditions for a just society.

3.The History of Constitution of India.
1.324 BC - 185 BC
Emperor Ashoka Maurya established constitutional principles,
Engraved them in major rocks, pillar and on minor rocks for public
to take reference. Also known as Edicts of Ashoka.
2.1599AD-1765AD
4.1858AD-1947AD
3.1765AD-1858AD
East India Company takes total administrative control by
gaining right of taxation in Bengal after Battle of Plassey (1757).
East India Company takes total unified control over the whole of
India from a single center in Calcutta. But its rule ended with the
Revolt of 1857.
This period of the British Raj was the time when the Constitution
of India took shape.
Finally Constitution of India, created in independent India by its
own free people, was adopted on 26 November 1949 and came
into effect on 26 January 1950. As we know it and use it today.
5.1950AD
Indian Constitutional History

VI. Government of India Act (1935)- This introduced 'provincial autonomy': responsible
government at the provinces with elected Indians in charge of the administration, and
responsible to the elected legislatures. A federal government was proposed, though it did not
come into effect. At the centre, 'diarchy' was introduced.
VII. Indian Independence Act (1947)- The British gave up control of the Government of India to
two dominions - India and Pakistan. For the time being till the constitution was made, both of
them would be governed in accordance with the Government of India act 1935.
The Partition of British India was based on the prevailing religions,
broadly as shown in this map of 1909.
Photo of Refugees at railway station in Punjab

5) Constitution of India(1950AD)- The Constitution was enacted by the
Constituent Assembly on 26 November 1949, and came into effect on 26
January 1950.
The date 26 January was chosen to commemorate the Purna Swaraj
declaration of independence of 1930. With its adoption, the Union of
India officially became the modern and contemporary Republic of India and
it replaced the Government of India Act 1935 as the country's fundamental
governing document.
Conscious efforts were made to have consensus on different issues and
principles and thereby avoid disagreement. The consensus came in the
form of the ‘Objectives Resolution’ moved by Jawahar Lal Nehru in the
Constituent Assembly on December 17, 1946 which was almost
unanimously adopted on January 22, 1947.

In the light of these ‘Objectives’ the Assembly completed its task by November
26, 1949. The constitution was enforced with effect from January 26, 1950.
From that day India became Republic of India.

4.The Framing of Constitution of India.
The Constituent Assembly of India was elected to write the Constitution of
India. Following India's independence from Great Britain, its members
served as the nation's first Parliament.
This body was formed in 1946 for the purpose of making independent India's
constitution. The assembly passed a resolution in 1947 January defining the
objectives of the constitution:-
1) To set up a Union of India comprising British India and the princely states.
2) To set up a federal form of government with separate state and central governments.
3) To set up a democracy in which all power is derived from the people:
I) where all people are guaranteed justice, equality and freedom;
II) where minorities, depressed classes and the tribal's rights are protected;
4) To protect the integrity of India and her sovereign rights over land, sea and air.
5) To help India attain its rightful place in the world - and work for peace and welfare of all
mankind.

Dr. Sachchidananda Sinha was the first president (temporary) of the
Constituent Assembly when it met on December 9, 1946. Later, Dr. Rajendra
Prasad became the President of the Constituent Assembly and Dr. Bhimrao
Ambedkar became the Chairman of its drafting committee on December
11,1946 .
First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President
of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946 .

First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel;
K. M. Munshi is seated behind Patel.
The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected
members of the Provincial Legislative Assemblies while 93 members were nominated by the
Princely States. To these were to be added a representative each from the four Chief
Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan.

1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt.,
Bicameral Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision
of Speaker in Lok Sabha.
Borrowed features of constitution of India
2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court,
Head of the state known as president, Provision of states, Judicial review
7.From Canada- Federal System and Residuary powers
4.From USSR- Fundamental Duties, Five year plan
3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble
5.From Germany- Emergency provisions
6.From Japan- Law on which the Supreme Court functions
8.From South Africa- Procedure of constitutional amendment
9.From Ireland- Concept of Directive Principles of state policy.

For the time being till the constitution was made, India would be governed
in accordance with the Government of India act 1935.
The Assembly met in sessions open to the public, for 166 days, spread over a
period of 2 years, 11 months and 18 days before adopting the Constitution.
It was finally passed and accepted on Nov 26, 1949. In all the 284 members of
the Assembly signed the official copies (Original) of the Indian Constitution.
After many deliberations and some modifications over 111 plenary sessions in
114 days, the 308 members of the Assembly signed two copies (Final) of the
document (one each in Hindi and English) on 24 January 1950
Same day the Assembly unanimously elected Dr, Rajendra Prasad as the
President of India. which came into effect on Jan 26, 1950, known and
celebrated as the Republic Day of India.

The 63rd Republic Day Celebrations on 26th January
2012 at New Delhi, India

5.The Preamble to Constitution of India.
The Preamble to the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document.
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, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity
of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

The first words of the Preamble - "We, the people" - signifies that power is
ultimately vested in the hands of the People of India. So far the Preamble
has been amended only once in 1976 by 42nd
amendment (change) which
inserted the words Socialism, Secularism and Integrity. A brief description
of these concepts are as follows (in the order they come in Preamble)-
1. Sovereign- It means free to follow internal and external Policies.
2. Secular- It means no particular Religion is preferred.
3. Socialist- It means no concentration of Power and Money.
4. Democratic- It means rule by elected representative of the People of India.
5. Republic- It means no room for hereditary ruler or monarch.

The preamble-page, along with other pages of the First and original Book of Constitution of India,
was designed (Art) and decorated (Frames) solely by renowned painter Beohar shakha.
Hindi (Left) and English (Middle) versions of Preamble as available in the First book of Constitution of India (Right).

Purpose of Having a Preamble:
The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and
promote.
The Preamble seeks to establish what Mahatma Gandhi described as The
India of my Dreams, "…an India in which the poorest shall feel that it is their
country in whose making they have an effective voice; …an India in which all
communities shall leave I perfect harmony. There can be no room in such an
India for the curse of unsociability or the curse of Intoxicating drinks and drugs.
Woman will enjoy as the same rights as man."

6.What Is The constitution of India?
Constitution of India is considered to be the supreme law of the country, as it
puts forth the framework of fundamental political principles. It establishes the
structure, procedures, powers and duties of the government and mentions the
fundamental rights, directive principles and duties of citizens.
The Constitution declares India as a Sovereign, Socialist Democratic, and
Republic with a parliamentary form of government.
The Indian Constitution shows Federal as well as Unitary System.
1. Federal System- powers are divided and/or shared between state and
central governments
2. Union System- power concentration in central government with weak state
Government
(i) Constitution of India In General:-

Both features are listed below:-
Federal Features-
1. Supremacy of the Constitution,
2. Division of power between the Union (central Governments) and State, and
3. The existence of an independent judiciary in the Indian Constitution.
Unitary Features-
1. Single Citizenship
2. Single Constitution
3. Power of union to override on the state matters
4. During emergency the system became virtually unitary
5. Changes in the names and boundaries of the states by the Parliament
6. Integrated Judiciary System
7. Centre appoints the Governors
8. Dependence of states on the centre for economic assistance and grants.

Both features are listed below:-
(ii) Structure of Constitution of India:-
consists of 1 preamble, 25 parts containing 450 articles, 12 schedules, 2 appendices and 97
amendments to date. Although it is federal in nature it also has a strong unitary bias.
The Constitution, in its current form (March 2011),
Constitution of India
Preamble 1 Parts 25
Articles 450
Amendments 97 Appendices 2
Schedules 12
Fundamental Rights
Directive Principles
Fundamental Duties

Different elements of constitution are described as follows:-
1. Preamble (1) - The Preamble to the Constitution of India is a brief
introductory statement that sets out the guiding purpose and principles of
the document.
2. Parts (25) – The individual Articles of the Constitution are grouped together
into the following Parts:
1. Part I – Union and its Territory
2. Part II – Citizenship.
3. Part III – Fundamental Rights.
4. Part IV – Directive Principles of State Policy.
5. Part IVA – Fundamental Duties.
6. Part V – The Union.
7. Part VI – The States.
8. Part VII – States in the B part of the First schedule (Repealed).
9. Part VIII – The Union Territories
10. Part IX – The Panchayats.

11. Part IXA – The Municipalities. (Part IXB – The Cooperative Societies -not effective yet)
12. Part X – The scheduled and Tribal Areas
13. Part XI – Relations between the Union and the States.
14. Part XII – Finance, Property, Contracts and Suits
15. Part XIII – Trade and Commerce within the territory of India
16. Part XIV – Services Under the Union, the States.
17. Part XIVA – Tribunals.
18. Part XV – Elections
19. Part XVI – Special Provisions Relating to certain Classes.
20. Part XVII – Languages
21. Part XVIII – Emergency Provisions
22. Part XIX – Miscellaneous
23. Part XX – Amendment of the Constitution
24. Part XXI – Temporary, Transitional and Special Provisions
25. Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals
3. Article (1-450) - It is subcategory of different Parts in the constitution which
contains detail information of the subject or the Title which an Article
represents.

4. Amendments (97) - Amendment of the Constitution of India is the process of
making changes to the nation's fundamental law. Changes to the Indian
constitution are made by the federal parliament. The procedure is laid out in
Part XX, Article 368, of the Constitution.
5. Schedules (12) - Schedules are lists in the Constitution that categorize and
tabulate bureaucratic activity and policy of the Government.
6. Appendices (2) - They are extension to the constitution.
7. Fundamentals Rights (Part III- Article12-35) - The word fundamental
suggests that these rights are so important that the Constitution has separately
listed them and made special provisions for their protection. The Fundamental
Rights are so important that the Constitution itself ensures that they are not
violated by the government.

(iii) Constitution of India and Government:-
Into three distinct but interrelated branches: Legislative, Executive and
Judiciary – have to function within their own spheres demarcated under the
Constitution. In other words, the doctrine of Separation of Powers has been
implicitly recognized by the Indian Constitution.
The Indian government is divided
Government of India
Executive
Judiciary
Legislative
The Parliament of India =the
President of India + the two Houses
Lok Sabha (House of the People)
and Rajya Sabha (Council of
States).
The Supreme Court of India
consists of a Chief Justice and 30
associate justices
The President of India, Vice
President, Cabinet, executive
departments and agencies.

A careful study of the Constitution will show that there are at least eight basic
principles which are embodied in it and which form the foundation of the
political system in India. These are:
(1) Popular sovereignty,
(2) Socialism,
(3) Secularism,
(4) Fundamental rights,
(5) Directive Principles of State Policy,
(6) Judicial independence,
(7) Federalism and
(8) Cabinet government.
(iv) The Basic Principles of the Constitution of India:-

(v) Procedure of Amendments of the Constitution of India:-
The basic structure of the Constitution is unchangeable and only such
amendments to the Constitution are allowed which do not affect its basic
structure or rob it of its essential character.
1. By simple majority of the Parliament: Amendments in this category can
be made by a simple majority of members present and voting, before sending
them for the President's assent.
2. By special majority of the Parliament: Amendments can be made in this
category by a two - third majority of the total number of members present and
voting, which should not be less than half of the total membership of the
house.
3. By special majority of the Parliament and ratification of at least half of
the state legislatures by special majority. After this, it is sent to the President
for his assent.

7.Main Characteristics of Constitution of India.
The Constitution of India has some distinct and unique features as compared
to other constitutions to the world. As Dr. B.R. Ambedkar, the Chairman of
the Drafting Committee puts it, the framers had tried to accumulate and
accommodate the best features of other constitutions, keeping in view the
peculiar problems and needs of our country. Main Characteristics of
Constitution of India are:-
1. Longest written constitution.
2. Partly Rigid and Partly Flexible
3. A Democratic Republic
4. Parliamentary System of Government
5. A Federation
6. Fundamental Rights
7. Directive Principles of State Policy
8. Fundamental Duties
9. Secular State
10.An Independent Judiciary
11. Single Citizenship

8.Conclusion
A Constitution symbolizes independence of a country. Framework and structure
for the governance of a free country are provided in the Constitution. The
Constituent Assembly prepared the draft of the Constitution by keeping the
‘Objectives Resolution’ as the backdrop which reflected the aspirations of the
people of India.
The framing of the Constitution was completed on November 26, 1949 when the
Constituent Assembly formally adopted the new Constitution. The Constitution
came into force with effect from January 26, 1950.
The Constitution begins with a Preamble which declares India to be a Sovereign,
Socialist, Secular, Democratic, Republic. The Preamble also mentions the goals
of securing justice, liberty and equality for all its citizens and promotion of natio-
nal unity and integrity on the basis of fraternity among the people assuring dignity
of the individual.

8.Conclusion
The Constitution of India has several distinctive features. It is the lengthiest
Constitution in the world and it is a combination of rigidity and flexibility. The
Constitution provides for a quasi-federal (It means a federal set up where
despite having two clear sets of government – central and the states, more
powers are given to the Central Government.) set up with a strong centre.
There is a clear division of powers between the Centre and the States. The
Supreme Court of India, is the apex court of India which will resolve the
disputes between the centre and state or between the states.
India has a parliamentary democracy. The Council of Ministers headed by the
Prime Minister enjoys the real powers and is responsible to the Parliament. The
Indian Constitution provides for Fundamental Rights which are justifiable. Ten
Fundamental Duties have also been added to the Constitution. The Directive
Principles of State Policy give a concrete shape to the welfare concept.

It is time to undertake a study of Indian Federalism with a view to valuate the
trends, frictions and difficulties which have developed in the area of inter-
governmental relations and to seek to evolve ways and means to meet the
challenging task of making the Indian federation a more robust, strong and
workable system so that the country may meet the tasks of self-improvement
and development.
The responsibility lies on not only the jurists and policy framers, but also the
citizens of the country to work in a harmonious manner for the development of
the country.
8.Conclusion

Indian Constitution .pptx introduction part 1

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