Introduction to constitution
- 2. WHAT IS CONSTITUTION ANYWAY? Some rules that are made by the legislatures (also known as LokSabha/RajyaSabha 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.
- 3. 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
- 4. 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
- 5. III) An observation-“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” -- Patrick Henry (1736-1799)
- 6. .Why Do We Need Constitution? In General We need a constitution to govern a country properly. The constitution defines the nature of political system of a country. Sometimes we feel strongly about an issue that might go against our larger interests and the constitution helps us guard against this. 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.
- 7. 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.
- 8. THE HISTORY OF CONSTITUTION OF INDIA 4) British Raj(1858AD-1947AD)- This period of the British Raj was the time when the Constitution of India took shape. The main stages of its evolution were : I. The Act for the Better Government of India (1858)- This put India directly under the control of the British government. It set up the office of the Secretary of State, member of the British parliament, who would be in charge of Indian government. In India, the Governor-General, working under the Secretary of State, led the administration. Flag of British India (Known as star of India) Left Hunting of Indian Tigers, Right Famines and epidemics in the British Raj
- 9. II. Indian Councils Act (1861)- A separate legislative council was set up to assist the Governor- General in making laws. Indians could be appointed to the council, but only on the discretion of the Governor-General. III. Indian Councils Act (1892)- As a result of Indian demands, the sizes of the executive and legislative councils were increased. More Indians were appointed to these Councils, and the principle of election was introduced. IV. Indian Councils Act (1909)- This act increased the sizes of the councils again, and also gave the legislative council the power to discuss certain matters and to ask questions. More people were elected to the councils. V. Government of India Act (1919)- This introduced diarchy (partial responsible government) at the provincial level. Elected Indians were given charge of some areas of government (e.g., industry, education) at the provincial level.
- 10. 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, Photo of Refugees at railway station in Punjab broadly as shown in this map of 1909
- 11. 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 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 JawaharLal Nehru in the Constituent Assembly on December 17, 1946 which was almost unanimously adopted on January 22, 1947.
- 12. 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 nations 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 tribals 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.
- 13. Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly when it met on December 9, 1946. Later, Dr. RajendraPrasad became the President of the Constituent Assembly and Dr. BhimraoAmbedkar became the Chairman of its drafting committee on December11,1946 . 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 .
- 14. 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. 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..
- 15. Borrowed features of constitution of India 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. 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 3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble 4.From USSR- Fundamental Duties, Five year plan 5.From Germany- Emergency provisions 6.From Japan- Law on which the Supreme Court functions 7.From Canada- Federal System and Residuary powers 8.From South Africa- Procedure of constitutional amendment 9.From Ireland- Concept of Directive Principles of state policy.
- 16. 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 in114 days, the 308 members of the Assembly signed two copies (Final) of the document (one each in Hindi and English) on 24 January 1950Same 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 January2012 at New Delhi, India