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Aspects of Constitution of India

Topics
 Introduction
 Permeable
 Fundamental Rights
 Division of Power
Presented by
Mr. Shripad Mandake
Ms. Sarika Nayak
Mr. Srimant Pattmaik
Ms. Asha Sequeira
Mr. Ameet Vedpathak
Introduction
 After the World war-II, in July1945, the British government decided to
convene a constitution drafting body comprising of 3 British cabinet
ministers called the Cabinet Mission.
 Laid a detailed procedure to be followed by the constitution drafting
body known as Constituent Assembly.
 On 9th Dec. 1946 a constituent Assembly consisting of 299 members
met for the first time in New Delhi under the chairmanship of Dr.
Sachidanand Sinha. On 13th Dec.1946 Pandit Jawaharlal Nehru moved
the Objectives resolution.
 On 14th August 1947 midnight, the Constituent Assembly took over as
the legislative assembly of an Independent India.
 On 29th August 1947 a drafting committee under the Chairmanship of
Dr.B.R.Ambedkar was set up to prepare draft Constitution for India.
 On 26th November 1949 the constitution of India was adopted and the
constitution of India came into force on 26th January 1950.
Permeable
WE, THE PEOPLE OF INDIA, have 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.

Purpose
Acts as a guiding light for constitution & is interpreted in this light by the
Judiciary. Objectives specified in the Permeable Forms the basic structure of
the Indian Constitution which is secularism & Democracy and cannot be
Amended.
Functions
 Every citizen and the government must try to
achieve the most important National Goals like
socialism, secularism and National Integration.
 It laid down and defined the Fundamental Rights
Directive Principles & duties of the citizen
 Establishes & defines power & responsibility of the
main organ i.e.
Executive
Legislature
Judiciary
 Acts as a regulating body between the government
and the people
Strong Centre
The constitution is surrounded by six strong centers

 Citizenship –
There is a single citizenship for the whole Union and there is no citizenship for the
state (In the USA, for example, citizenship is of both the particular state of the
citizen, as for instance, of Texas or of California, and of the United States as a
whole).

 Judiciary -
No bifurcation of Judiciary between federal and State Government. The same system
of courts, headed by the Supreme Court, administer both the Union laws and the
state laws as are applicable to the cases coming up for adjudication.

 Election Accounts & Audits –


The machinery for election, accounts and audit is similarly integrated and unified.
The Union Government may give directions to a State Government to ensure due
compliance with the legislative and administrative action of the Union.
Strong Centre (Cont….)

 Failure of Constitutional Machinery


Where there is a failure of the constitutional machinery in a state, the
President can suspend the constitution of the State and assume
responsibility for administration of the State. In such circumstances, the
Parliament may legislate for such a state.

 The Council of States:


The council of States is not constituted on the principle of equal
representation of the states.

 Formation of New States:


The Union Legislature, namely the Parliament, has the power to form new
States, to increase or diminish the area of existing States and to alter their
boundaries or names.
Fundamental Right

Defination
 Defined as basic human freedoms that every Indian citizen
has the right to enjoy for a proper and harmonious
development of the personality.

Aims / Purpose
 Acts as guarantee that all Indian citizens can & will lead their
life in peace as long as they live in Indian Democracy.
 Aimed at overturning the inequities of past social practices.
 They have also been used to in successfully abolishing or
preventing the
Untouchability
Fundamental Rights
The constitution of India has defined six
fundamental rights they are as follows
 Right to Equality
 Right to particular freedom
 Cultural and Educational Rights
 Right to freedom and religion
 Right against Exploitation
 Right to Constitutional Remedies
Right to Equality
 Equality before the Law
 Social equality and equal access to
public areas.
 Equality in matters of the public
employment.
 Abolition of untouchables
 Abolition of titles
Right To Freedom
 Freedom of Speech and Expression
 Freedom to assemble peacefully without arms
 Freedom to form associations or unions
 Freedom to move freely throughout the territory of
India
 Freedom to reside and settle in any part of India.
 Freedom to carry any profession or any occupation,
trade or any business
Cultural and Educational Rights
 Develop to protect the minorities.
 Any community can conserve and
develop its own language.
 No citizen can be discriminated
against the admission in State or
state Aided institution
Right to freedom of Religion
 Objective to sustain the principle of
secularism
 All religion are equal before the
state.
 No religion will be given preference
over other
Right against the Exploitation
 Child labour and beggar are
prohibited.
 Abolition of trafficking in human
being & Beggars.
 Abolition of employment below the
age of 14
Right to Constitutional Remedies
 Right to stand up against anybody
even the Government of India.
 Courts can be ask to preserve or
safeguard the citizens rights in many
ways.
Right to Property (Former
Fundamental Right)
 The constitution originally provided for the
Right to Property, which guaranteed the
right to acquire, hold and dispose off
property.
 However the 44th amendment act of 1978
deleted the right to property from the list
of fundamental rights.
 A new article 300-A, provided that “ no
person shall be deprived of his property
save by the authority of law”.
 Though it is no longer a fundamental right,
it still remains a constitutional right.
Distribution of Power
Separation of Power by Constitution in India
so that no single entity can have complete
hold or monopoly in the system.

Division of Power

Executive Judicial
Legislative
Legislative
 Writes and enacts laws
 Enacts taxes, authorizes borrowing, and
sets the budget
 Usually has sole power to declare war
 May start investigations, especially against
the executive branch
 Often appoints the heads of the executive
branch
 Sometimes appoints judges
 Ratifies treaties
Legislative Cont…
 It consists of
 THE UNION LEGISLATURE
 LOK SABHA
 RAJYA SABHA
 THE STATE LEGISLATURE
EXECUTIVE (GOVERNMENT)
 Sometimes may veto laws
 May refuse to enforce certain laws (risking
impeachment by the legislature)
 May refuse to spend money allocated for
certain purposes
 Wages war (has operational command of
the military)
 Makes decrees or declarations (for example,
declaring a state of emergency) and
promulgates lawful regulations and
executive orders
EXECUTIVE (GOVERNMENT)
Cont…

 Often appoints judges


 Has power to grant pardons to convicted
criminals

 It consists of
 President
 Vice – President

 The Prime minister

 Council of Ministers
EXECUTIVE (GOVERNMENT)
Cont…

 Independent Executive Agencies


 CBI – Central Bureau of Investigation
 CVC – Central Vigilance Commission
 CAG – Controller and Auditor General of India
 NHRC- National Human rights Commission
 TRAI – Telecom Regulatory Authority of India
 UPSC – Union Public Service Commission
 AERB – Atomic Energy Regulatory Board
JUDICIAL
 Determines which laws apply to any given
case
 Determines whether a law is
unconstitutional
 Has sole power to interpret the law and to
apply it to particular disputes
 May nullify laws that conflict with a more
important law or constitution
 Determines the disposition of prisoners
 Has power to compel testimony and the
production of evidence
JUDICIAL Cont…
 Enforces uniform policies in a top-down
fashion via the appeals process, but gives
discretion in individual cases to low-level
judges. (The amount of discretion depends
upon the standard of review, determined
by the type of case in question.)
 May rule only in cases of an actual dispute
brought between actual petitioners
 Polices its own members
 Is frequently immune to arbitrary dismissal
by other branches
JUDICIAL Cont…
 It consists of
 Supreme Court of India
 High Courts at the State level.
 District and session Court at the district
level.
Bibliography
Books
The Constitution of India – By Noshirvan H
Jhabvala

Internet
Constitution of India , Love India , Ministry of
Law.