1. 1. A PRESENTATION ON By Group 2
2. 2. 1. What Is Constitution? 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.
3. 3. 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.
4. 4. 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.
5. 5. 5 A constitution is concerned with 2 main aspects:- The relation between the different levels of government Between the government and the citizens. Constitution ... Government The People
6. 6. It lays down the framework in : Defining fundamental political principles, Establishes the structure, procedures, powers, duties of government institutions, Sets out fundamental rights, directive principles, and the duties of citizens.
7. 7. The Constitution of every country has certain special features Because the historical background ,social, economic and political conditions influence the making of the constitution. All these factors have contributed in the making of the Constitution of India Constitution is made based on
8. 8. The Constitution was adopted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.
9. 9. PREAMBLE 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.
10. 10. ARCHITECTS OF INDIAN CONSTITUTION Pt. Nehru signing on the Constitution BR Ambedkar : The Chief architect of Indian Constitution
11. 11. SALIENT FEATURES OF INDIAN CONSTITUTION The Constitution of India has some outstanding features which distinguishes it from other constitutions. The framers of our constitution studied other constitutions, selected their valuable features and put them with necessary modifications in our constitution.
12. 12. They succeeded doing this. The fact that the constitution, for last 59 years, has been working satisfactorily is a testimony to its quality and utility. Now we will discuss the salient features of our constitution one by one.
13. 13. A WRITTEN CONSTITUTION The Constitution of India is a written constitution. It was framed by a Constituent Assembly which was established for the purpose in 1946. There are two types of constitutions in the world.
14. 14. The first modern written constitution was the American constitution. The British constitution is unwritten, consists of customs and conventions which have grown over the years. The framers of our constitution tried to put everything in black and white.
15. 15. On the basis of division of power Bw the center and state the constitution is classified into : Federal Constitution Unitary Constitution FEDERAL and Unitary Constitution
16. 16. Federal Constitution : The state has its own power whereas the center only shares the important powers . Ex: the US constitution Federal => They have their own structure of the state and most of the powers are exercised by their own legislatures and center intervenes only when it comes to national security and other relations Otherwise all the decisions are taken by the state
17. 17. Unitary Form of Constitution Most of the power is vested in the union. State are the immediate delegates of the union Ex: British Constitution
18. 18. Our constitution? A kind of mix Has both the features of federal and unitary => Quasi Federal Constitution
19. 19. LONGEST CONSTITUTION The Constitution of India is the longest in the world. Originally it had 395 Articles divided into 22 parts and 8 Schedules. A number of amendments (98 so far), passed since its enforcement in 1950, have also become a part of the Constitution.
20. 20. Today it has: 444 Articles divided into 22 parts 12 Schedules The constitution of : USA has 7 Articles, China 138 Articles Japanese 103 Articles Canadian 107 Articles.
21. 21. The constitution became lengthy mainly due to the following factors: The constitutional fathers wanted to put everything in great detail. In other federations, there are two constitutions: o One for the federation and the other for the states. o In India, the states do not have separate constitutions. o The powers of states along with the powers of the federation have been stated in one constitution.
22. 22. The Government of India Act, 1935 was in operation when India got independence. o Our leaders were familiar with this Act. o They borrowed heavily from this lengthy Act while framing our constitution. India is a country of great diversity. o It is a country of several minorities o It has many languages, castes, races and religions. o The problems and interests of these different groups have found place in the constitution.
23. 23. Good features of other constitutions have been included, with necessary modifications, in our constitution. o For example we have brought : The 'bill of rights' from the American constitution Parliamentary system of government from the British constitution. Directive Principles of State Policy from the Irish constitution. o While including these elements of other constitutions in our constitution Ambedkar said the framers of our constitution tried to remove their faults and suit them to our conditions.
24. 24. Many members of the Constituent Assembly were "lawyer-politicians". They have made the constitution not only long, but also extremely complicated.
25. 25. A RIGID YET FLEXIBLE CONSTITUTION Whether a constitution is rigid or flexible depends on the nature of amendments. Ex of Rigid constitution ? US Constitution It is very difficult to amend any part , article of the US constitution Our Constitution : Flexible Provision of article 368 under which we can amend our constitution as and when required
26. 26. Some provisions of our Constitution can be amended by the Parliament with simple majority. The amendment of most other provisions of the constitution requires a special majority in both houses of the parliament. There are some other provisions of constitution which cannot be amended by the parliament alone. These different amendment procedures make our constitution partly flexible and rigid.
27. 27. In case of such provision the amending bill : First to be approved by both houses of parliament by a special majority (with the support of two-thirds of the members of each house present and voting). Then it has to be ratified by the legislatures of at least half of the states of India.
28. 28. In fact, there is a balance between rigidity and flexibility in our constitution. Some amount of flexibility was introduced into our constitution in order to encourage its growth. Nehru feared that if a constitution is too rigid, it will be stagnant.
29. 29. There are 3 organs for a state: Legislature Executive Judiciary ORGANS OF A STATE
30. 30. Legislature : Law making Body Ex: Parliament , State legislature Executive : Law enforcement or implementation Ex: the government Head of union executive ? The president
31. 31. Judiciary: Main function 1. Educate the laws made by the legislature, 2. To interpret the laws 3. Declare any such law null or void if it violates the provisions of the constitution 4. To render justice in the country
32. 32. Custodian of the constitution Guardian of the constitution It can term any law as null or void if it is violating any provision of the constitution Even high courts can do but supreme court is the custodian of the constitution Supreme court
33. 33. FUNDAMENTAL RIGHTS The Constitution of India guarantees six fundamental rights (listed in part III) to every citizen. 1. Right to Equality. 2. Right to Freedom. 3. Right against Exploitation. 4. Right to Freedom of Religion. 5. Cultural and Educational Rights. 6. Right to Constitutional Remedies.
34. 34. RIGHT TO PROPERTY , AN ORDINARY RIGHT Till 1979 Right to Property was included in the list of Fundamental Rights. But through 42nd amendment has been made an ordinary right and for this purpose Articls- 300 A has been included into the constitution.
35. 35. Originally there were seven fundamental rights. One of them was taken away from Part III of the constitution by the Forty-fourth Amendment Act, 1978. As a result, the Right to Property is no longer a fundamental right. Since 1978, it has become a legal right. The idea of fundamental rights has been borrowed from the American Constitution
36. 36. Any citizen of India can seek the help of High Court or Supreme Court of India if any of his fundamental rights is undermined by the government or any institution or any other government. The fundamental rights, granted to the citizen, cannot be amended in the normal manner. They can be amended with two-third majority in each house of the Parliament.
37. 37. DIRECTIVE PRINCIPLES OF STATE POLICY The Constitution enumerates several Directive Principles of State Policy (listed in part IV) which are intended to be implemented by the Centre and State Governments in due course. They are aimed at : the promotion of the material and moral well-being of the people and to transform India into a Welfare State.
38. 38. The Directive Principles are not enforceable in a Court of Law, but they are nevertheless fundamental in the governance of the country. In general, the Directive Principles aim at building a Welfare State. These principles provide the criteria with which we can judge the performance of the government.
39. 39. Some of the Directive Principles are: There should not be concentration of wealth and means of production to the detriment of common man. There should be equal pay for equal work for both men and women. Workers should be paid adequate wage. Weaker sections of the people, Scheduled Caste and Scheduled Tribe people should be given special care The state should promote respect for international law and international peace.
40. 40. FUNDAMENTAL DUTIES Another salient feature of the Indian Constitution is the incorporation of the Fundamental duties of citizens. The 42nd amendment of 1976 added Article 51- A to the Constitution requiring all citizens to fulfill 10 duties Failure to perform these duties does not carry any penalty, yet the citizens are expected to follow them.
41. 41. These are: 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. Uphold and protect the sovereignty, unity and integrity of India. Defend the country and render national service when called upon to do so.
42. 42. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women. to value and preserve the rich heritage of our composite culture.
43. 43. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. to develop the scientific temper, humanism and the spirit of inquiry and reform to safeguard public property and to abjure violence
44. 44. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
45. 45. SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC The Constitution declares India as a Sovereign, Socialist, Secular, Democratic, Republic.
46. 46. Sovereign : It means absolutely independent; It is not under the control of any other state. Before 1947, India was not sovereign as it was under the British rule. Now it can frame its policy without any outside interference.
47. 47. Socialist : It implies a system which will endeavor to avoid concentration of wealth in a few hands and will assure its equitable distribution. It also implies that India is against exploitation in all forms and believes in economic justice to all its citizens.
48. 48. Secular : India is a country of several religions Each individual has fundamental profess any religion he likes The state neither force its citizen to accept any specific religion nor discriminate on the basis of religion
49. 49. Democratic : Means, the power of the government is vested in the hands of the people. People exercise this power through their elected representatives who, in turn, are responsible to them. All the citizens enjoy equal political rights.
50. 50. Republic : Means, the head of the State is not a hereditary monarch but a President who is indirectly elected by the people for a definite period.
51. 51. PROVISIONS OF LIBERAL DEMOCRACY The Constitution of India makes provisions for the establishment of liberal democratic government in India. Provision of universal adult features has been made and everybody is given the right to vote without making any discrimination. Due respect is given to opposition and the leader of the opposition is given recognition in both the houses of Union Parliament and States Legislatures.
52. 52. India is declared a Secular state. There is provision of Individual judiciary. There is Rule of law in India.
53. 53. PARLIAMENTARY DEMOCRACY In India, there is a parliamentary form of government. The majority party in the Lok Sabha forms government. The government is run by the Prime Minister and other members of the Council of Ministers.
54. 54. FEDERAL GOVERNMENT WITH UNITARY BIAS India is a federation, although the word 'federation' does not find a place in the whole text, the elements of federation are present in the Indian Constitution. There is constitutional division of powers between the centre and the states.
55. 55. The Planning Commission has emerged as a 'super cabinet' or a 'super state'. The Governor acts as the agent of the center. The center can reorganize a state, but a state cannot reorganize the center. In other words, the center is indestructible while the states are destructible.
56. 56. During emergencies, the powers of the center considerably grow and the states become weak. India has also been characterized as 'a federal state with unitary spirit.'
57. 57. BI-CAMERAL LEGISLATURE According to Article 168 for every state there shall be legislature which shall consist of Governor and legislative Council and legislative assembly.
58. 58. SINGLE-INTEGRATED JUDICIAL SYSTEM The entire judicial system of India is organized into an hierarchical order. Supreme Court is at the top of judicial administration below that there are high courts at the state level and there are district courts at the district level. All the courts of India are bound to accept the decisions of the supreme court.
59. 59. INDEPENDENT JUDICIARY The constitution of India makes provisions for the independence of judiciary because only independent judiciary can safeguard the rights and liberties of the people can protect the supremacy of the constitution
60. 60. An impartial method has been adopted for the appointment of the judges High qualifications have been fixed for the judges The judges of the Supreme Court stay in office till 65 years of age and of High courts till 62 years of age Difficult method has been adopted for the removal of the judges as they can be removed only through impeachment by the union parliament There is prohibition of practice after the retirement of the judges
61. 61. JUDICIAL REVIEW Another significant feature of the Indian Constitution is the provision for Judicial Review. This means that the Supreme Court of India is empowered to declare a law passed by the Indian Parliament as null and void if it is inconsistent with the Fundamental Rights In the case of the Acts passed by the State Legislatures, this power is vested with the concerned High Courts.
62. 62. The Constitution has made the judiciary independent of the executive. The President of India appoints the judges of the Supreme Court and High Courts after consulting the Chief Justice of India. The judges are free from the executive control. Their tenure is guaranteed and their salaries are fixed by the Constitution.
63. 63. UNIVERSAL ADULT FRANCHISE Article 326 of the Constitution of India provides universal adult suffrage. The voting age has now come down from 21 to 18. Anybody who has completed 18 years of age, irrespective of his caste, creed, sex or religion, is eligible to vote in general elections. This is one of the most revolutionary aspects of Indian democracy.
64. 64. LANGUAGE POLICY India is a country where different languages are spoken in various parts. Hindi and English have been made official languages of the central government. A state can adopt the language spoken by its people in that state also as its official language.
65. 65. Although India is a multi-lingual state, the constitution provides that Hindi in Devnagri script will be the national language. It shall be the duty of the union to promote and spread Hindi language. At present, we have 22 languages which have been recognized by the Indian Constitution.
66. 66. JOINT ELECTORAL SYSTEM The principle of Joint Electoral System was adopted after independence. Under Article- 325 of the constitution it is said that for every constituency there will be one general electoral roll which will be one general electoral roll which will include the names of all the voters belonging to different classes , religions, sex and races etc., and they will elect a common representative.
67. 67. SPECIAL PROVISIONS SPECIAL PROVISIONS FOR THE PROTECTION OF THE INTERESTS OF SCHEDUELED CASTES, SCHEDULED TRIBES, BACKWARD CLASSES AND MINORITIES Everybody is given the Right to Equality Untouchability has been prohibited Under Article 29 and 30 special provisions for the made for the interests and protection of minorities.
68. 68. NATIONAL COMISSION FOR SCHEDULED CASTES The 68th Constitutional amendment made in 1990, it was provided for the appointment of the National Commission for the scheduled castes for the protection of their interests. In 2002, the government constituted two separate commissions for scheduled castes and scheduled tribes.
69. 69. CONSTITUTIONAL RECOGNITION TO LOCAL SELF-GOVERNMENT INSTITUTIONS Under 73rd and 74th constitutional amendments passed in April ,1993. Constitutional recognition was granted to the panchayati Raj Institutions in the villages and the urban local bodies in the cities and for this purpose part 9 and part 9A and 11th and 12th schedules were added to the constitution.
70. 70. SINGLE CITIZENSHIP There is provision of single citizenship in India. A person may be living in any state, but he is the citizen of India alone. The principle of double citizenship promotes regionalism and provincialism whereas the principle of single citizenship promotes national unity, therefore the principle of single citizenship is adopted in India.
71. 71. RULE OF LAW The Rule of Law means that the law is supreme over person and everybody is equally responsible before law howsoever he/she may be. Also the man is punished on the violation of law and no arbitrary punishment can be given to him
72. 72. What is the difference between Human Rights and Fundamental Rights? Fundamental rights are similar to human rights but are different in the sense that they have legal sanction and are enforceable in a court of law whereas human rights do not have such sanctity and are not enforceable in courts.
73. 73. Then there is difference of universal appeal because fundamental rights are country specific that have been made keeping in mind the history and culture of a country Whereas human rights are designed in such a way that they are of even more basic nature and apply to all human beings across the world without any discrimination.
74. 74. The right to a dignified human life is one such human right which cannot be questioned whether you are in US or in a poor African country. Example :
75. 75. FuNdAmEnTal RiGHts
76. 76. Significance/ Characteristic:- Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. Guarantee that all Indian citizens can and will lead their life's in peace as long as they live in Indian democracy. 77Seema Narendran, Ramnarain Ruia College
77. 77. Essential for development. Democracy gave rise to various freedoms in the form of Fundamental Rights. Helps prevention of gross violation of Human Rights.
78. 78. Fundamental Rights Right to constitutional remedies (Article 32-35) Cultural and Educational rights (Article 29-31) Right to freedom of religion (Article 25-28) Right against exploitation (Article 23,24) Right to freedom (Article 19-22) Right to equality (Article 14-18) 79Seema Narendran, Ramnarain Ruia College