INDIAN CONSTITUTION: PROVISIONS AND FEATURES

PRESENTED BY- RITIKA2014/56047

CONSTITUTIONAL LAYOUT

PILLARS

LEGISLATIVE

(Law making Body)

EXECUTIVE(Executes the laws

and policies)

JUDICIARY(Maintain

s and supervises the law)

IMPORTANT FEATURES AT A GLANCE• Prepared in 2 years, 11 months and 7

days• From 9th Dec 1946- 26th November 1949• Drafting Committee, headed by Dr BR

Ambedkar sat for 141 days• Constituent Assembly, headed by Dr

Rajendra Prasad, took 11 sessions or 165 days to formulate

TIME AND DURATION

• Written as lengthiest and most elaborate in the world

• Socialist, Democratic and Republic in nature

• Supreme in nature• A healthy mixture of good pints from

different constitutions around the world• Partially Rigid

KEY ELEMENTS

SALIENT FEATURES EXPLAINED

WRITTEN FORM Contains 395 Articles and 12

schedules Fulfils the basic requirement of a

federal government Has been amended 99 times till

now

SUPREMACY Supreme and not the hand-made

of either the Centre or of the States

If for any reason any organ of the State dares to violate any provision of the Constitution, the courts of laws are there to ensure that dignity of the Constitution is upheld at all costs

RIGID YET FLEXIBLE All the provisions of the Constitution

concerning Union-State relations can be amended only by the joint actions of the State Legislatures and the Union Parliament

Such provisions can be amended only if the amend ment is passed by a two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one-half of the States

DIVISION OF POWERS Clear division of powers so that the units and the centre are

required to enact and legislate within their sphere of activity with defined limits

Division of subjects of administration under- Union, State and Concurrent Legislative Lists

Union List consisted of 97 subjects- defence, foreign affairs, railways, posts and tele graphs, currency, etc., power to legislate exclusively to union government

State List consisted of 66 subjects - inter-alia public order, police, administration of justice, public health, education, agriculture etc., taken care by State government under normal circustances

Concurrent List embraced 47 subjects - criminal law, marriage, divorce, bankruptcy, trade unions, elec tricity, economic and social planning, etc.

The residuary powers have been vested in the Central Government.

INDEPENDENT JUDICIARY Supreme Court of India can declare

a law as unconstitutional or ultra Vires, if it contravenes any provisions of the Constitution

Hierarchical order follows with State High Courts, District Courts and Subordinate Courts

To ensure the impartiality of the judiciary, our judges are not removable by the Executive and their salaries cannot be curtailed by Parliament

BICAMERAL LEGISLATURE Lok Sabha (Lower House) consists

of 552members- 530 elected state representatives, 20 from Union Territories and 2 Anglo-Indian

Rajya Sabha (Upper House) consists 245 members, 12 members appointed by President

Legislative Assembly (Vidhan Sabha)

Legislative Council (Vidhan Parishad)

FEDERAL STRUCTURE There are two governments—the national

or federal government and the government of each component unit

By 73rd and 74th Amendment Act, 1992 three tier government has been established (Centre, state & local self government)

Fragmentation continues at district administrative levels and Panchayats for village

DRAWN FROM VARIOUS SOURCES Parliamentary form has been taken

from Britain Division of powers format has been

adopted by America

OTHER IMPORTANT FEATURES Universal Adult Franchise Single Citizenship Autonomous and Independent

Bodies like  Election Commission, Comptroller and Auditor General of India, Union Public Service Commission, State Public Service Commission, etc.

PROVISIONS

FUNDAMENTAL RIGHTS Affirms the basic principle that every

individual is entitled to enjoy certain basic rights and part

Total of six in number, originally 7 Justifiable and the individual can move the

higher judiciary, that is the Supreme Court or the High Courts, if there is any encroachment

Fundamental rights in India are not absolute, reasonable restrictions can be imposed keeping in view the security-requirements of the state

Right to EqualityRight To Freedom of speech and expressionRight against ExploitationRight to freedom of religionCultural and educational rightsRight to constitutional remedies

DIRECTIVE PRINCIPLES Directives to the government to implement them for

establishing social and economic democracy in the country

Principles like adequate means to livelihood, equal pay for both men and women, distribution of wealth so as to serve the common good, free and compulsory primary education, right to work, public assistance in case of old age, unemployment, sickness and disablement, the organisation of village Panchayats, special care to the economically back ward sections of the people etc.

Not justiciable by the court

FUNDAMENTAL DUTIES To abide by the Constitution and respect its ideals and institutions, the

National Flag and the National Anthem; To cherish and follow the noble ideals, which inspired our national struggle for

freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so; To promote harmony and the spirit of common brotherhood amongst all the

people of India transcending religious, linguistic, regional or sec tional diversities, to renounce practices derogatory to the dignity of woman;

To value and preserve the rich heritage of our composite culture; To protect and improve the natural environments including forests, lakes,

rivers and wild life and to have compassion for living creatures; To develop scientific temper, humanism and the spirit of inquiry and reform; To safeguard public property and to abjure violence; To strive towards excellence in all spheres of individual and collective activity

so that the nation constantly rises to higher levels of Endeavour and achievement.

EMERGENCY PROVISIONS• Proclaimed on the ground of war

or external aggression or armed rebellion

ARTICLE 352NATIONAL

EMERGENCY• Proclaimed on the ground that

constitutional machinery has broken down in a state -

ARTICLE 356 STATE

EMERGENCY• Proclaimed on the ground that a

particular state has failed to follow the directions of the Centre

ARTICLE 365STATE

EMERGENCY• Proclaimed on the ground that

there is threat to the financial stability or Credit of India

ARTICLE 360 FINANCIAL

EMERGENCY

THANK YOU!