CONSTITUTION OF INDIA

Meaning of Constitution
 A set of rules and principles that all persons in a
country can agree upon as the basis of the way in
which they want the country to be governed.
Need for Constitution

 The Constitution helps to protect us against certain

decisions that we might take that could have an adverse
effect on the larger principles that the country believes in.
 A good Constitution does not allow to change its basic
structure. It does not allow for the easy overthrow of
provisions that guarantee rights of citizens and protect
their freedom.
Constitution of India
 The Constitution of India was drafted by the Constituent Assembly. The
Constituent Assembly held its first sitting on the 9th December, 1946,
under the Chairmanship of Dr. Ambedkar
 The provisions relating to citizenship, elections, provisional Parliament,
temporary and transitional provisions, were given immediate effect
from November 26, 1949.
 The rest of the Constitution came into force on the 26th January, 1950,
and this date is referred to in the Constitution as the Date of its
Commencement.
Cont.

 It is a Sovereign Socialist Secular Democratic Republic with a

parliamentary system of government.
 The constitutional head of the Executive of the Union is the
President.
Key Features

 A FEDERAL SYSTEM : The existence of more than one

level of government in the country Central Government ,State
Government ,Local Government .

 PARLIAMENTARY FORM OF GOVERNMENT : The

people of India have a direct role in electing their
representatives
Parliament
 Parliament is the supreme legislative body of India.
 The Indian Parliament comprises of -
• The President.
• Lok Sabha (House of the People).
• Rajya Sabha (Council of States).

 The first general elections under the new Constitution were

held during the year 1951-52 and the first elected Parliament
came into being in April, 1952.
 The
President

Rajya
Sabha(U)

Lok
Sabha(L)
 Rajya Sabha

 The Rajya Sabha is to consist of not more than 250 members.

• 238 members representing the States and Union Territories
• 12 members nominated by the President.
 Rajya Sabha is a permanent body
 The Vice President of India is the Chairman of Rajya Sabha.
 The senior most Minister, who is a member of Rajya Sabha, is
appointed by the Prime Minister as Leader of the House .
 Lok Sabha
 The Lok Sabha is composed of representatives of people chosen by
direct election on the basis of Universal Adult Suffrage.
 The Constitution provides that the maximum strength of the House be
552 members .
• 530 members to represent the States.
• 20 members to represent the Union Territories.
• 2 members to be nominated by the President .
 The term of the Lok Sabha, unless dissolved, is five years from the

date appointed for its first meeting.

Difference between Lok Sabha and Rajya Sabha

Lok Sabha
Lok Sabha Rajya Sabha
 Lok Sabha is the house of  Rajya Sabha is the federal
the people, members chamber, a house elected
directly elected by the by the elected members of
people. Assemblies of the States.
 Lok Sabha can have a  Rajya Sabha can have 250
maximum of 552 members. members.
 The minimum age to be an  In Rajya Sabha ,it is 35
elected member of Lok
Sabha is 25 .
Contt.
 The Speaker preside the
sittings of the Lok Sabha.
 The normal life of every Lok
Sabha is 5 years only or if
the president dissolves it do
due to loss of majority.
 Money Bills can only be
introduced in Lok Sabha.
Also it is Lok Sabha which
grants the money for
running the administration
of the country.
 Vice-President of India preside
the sittings of the Rajya Sabha.
 The Rajya Sabha is a permanent
body in which one-third
members retire every 2 years
and members are elected in
their place.
 Rajya Sabha or the Council of
States is the second chamber
with a restricted franchise. It has
no say in the financial matters
such as the budget of the
country.
Functions

 The cardinal functions of the Legislature include:-

• Overseeing of administration.
• Passing of budget.
• Ventilation of public grievances.
• Discussing various subjects like development
plans,International relations and National policies.
FUNDAMENTAL RIGHTS
Right to Equality
 Equality before law.
 Prohibition of discrimination on grounds of
religion race,caste,sex or place of birth.
 Equality of opportunity in matters of public
employment.
 Abolition of untouchability
 Abolition of titles.
Right to Freedom
 Protection of certain rights regarding freedom of
speech, etc.
 Protection in respect of conviction for offences.
 Protection of life and personal liberty.
 Protection against arrest and detention in certain
cases.
Right against Exploitation
 Prohibition of traffic in human beings and forced
labour.
 Prohibition of employment of children in factories,
etc.
Right to Freedom of Religion
 Freedom of conscience and free profession,
practice and propagation of religion.
 Freedom to manage religious affairs.
 Freedom as to payment of taxes for promotion of
any particular religion.
 Freedom as to attendance at religious instruction
or religious worship in certain education
institutions.
Cultural and Educational Rights
 Protection of interests of minorities.
 Right of minorities to establish and administer
educational institutions.
Saving of Certain Laws
 Savings of laws providing for acquisition of
estates,etc.
 Validation of certain Acts and Regulations.
 Saving of laws giving effect to certain directive
principles.
Right to Constitutional Remedies
 Remedies for enforcement of rights conferred by
this Part.
 Power of Parliament to modify the rights conferred
by this Part in their application to Forces, etc.
 Restriction on rights conferred by this Part while
martial law is in force in any area.
 Legislation to give effect to the provisions of this
Part.
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

Contd…….
 To value and preserve the rich heritage of our
composite culture;
 To protect and improve the natural environment
including forests, lakes, rivers and wild life;
 To develop the scientific temper, humanism and
the spirit of inquiry and reform;
 To safeguard public property and to abjure
violence;
INDIAN ACTS
Acts Passed in 2001
 The Energy Conservation Act.
 Enacted by Parliament in the Fifty-second Year of the Republic of
India on October 2001.
 Establishment of Bureau of Energy Efficiency.

 The Protection of Plant varieties and Farmer’s

Right Act.
 Encourage the development of new varieties of plants.
 Protect plants breeders' rights to stimulate investment.
Acts Passed in 2002
 The Prevention of Terrorism Act.
 Came into operation on 16 March 2002.
 Punishable with death or imprisonment for life or fine which may
extend to rupees ten lakh .

 The Delimitation Act.

 Enacted on 22 June 2002.
 Redrawing the boundaries of all Assembly Constituencies based on
the 1991 census figures .
Acts Passed in 2003
 The Electricity Act.
 Enacted by Parliament in the Fifty- fourth Year of the Republic of
India on 2nd June 2003.
 Ensuring transparent policies regarding subsidies.

 Competition Act, 2002

 Promote and sustain competition in markets.
 Protect the interests of consumers and to ensure freedom of trade.
Acts Passed in 2004
 Gujarat Special Economic Zone Act.
 Come into force on the 10th February, 2004.
 Boost manufacturing, augment exports and generate employment.

 The Jammu and Kashmir Reservation Act.

 Act Passed by Government on 23rd March 2004.
 Reservation in appointment, and admission in Professional
Institution.
Acts Passed in 2005
 The Protection of women from domestic violence
Act.
 Harassment by way of unlawful dowry demands to the woman.
 National Rural Employment Guarantee Act.
 Guaranteeing hundred days of wage-employment in a financial
year.

 The Right to Information Act.

 To get information about Public Sector Investments.
Acts Passed in 2006
 The Commission for Protection of Child Rights Act.
 Elimination of Child Labour or Children in distress.
 Child health, care, welfare or child development.

 The National Institute of Fashion Technology Act.

 The Act came into effect from 1st April, 2007.
 Promotion and development of education and research in fashion
technology.
Acts Passed in 2007
 The Protection of women against Sexual
Harassment at workplace Act.
 Ensure a safe environment for women at work places, both in
public and private sectors.
 Punishable with fine, which may extend to 50,000.

 Consumer protection Act.

 Provide speedy and simple redressal to consumer disputes.
 Councils have been setup in all states and at the center to promote
and protect the rights and interest of consumers.
Acts Passed in 2008
 Limited Liability Partnership Act
 Current limit of 20 members in a partnership firm.
 You cannot convert an LLP into a limited company.

 The Airports Economic Regulatory Authority of

India Act.
 Economic regulation of airport infrastructure.
 Determine tariffs for aeronautical services, including air navigation
services.
Acts Passed in 2009
 The Right of children to Free and Compulsory
Education Act.
 Children of age of six to fourteen Years.
 The Punjab Special Economic Zones Act.
 Promote and set up self-contained large industrial townships, with
world class infrastructure.
 The Punjab Tax on Luxuries Act.
 To provide for the levy and collection of tax on luxuries.
Acts Passed in 2010
 Haryana Special Economic Zone (Amendment) Act.
 Enacted by Government on 8th april,2010 .

 Copyright (Amendment) Act.

 Enacted by Parliament in the Sixty-first Year of the Republic of
India.
 cinematographic films, digital rights management, statutory
licensing, piracy through computer networks.
LIMITED LIABILITY
PARTNERSHIP
Features

 New corporate structure.

 Limited Liability.

 Flexibility in partnership.

 LLP for all kinds of business.

 Minimum Partners 2 no limit for maximum.

 Legal Entity.

 Central Govt. can investigate the affairs of an LLP.

WRITS
 Formal written order
 Issued by Supreme Court
 Depending upon circumstance, the various types
of writs can be issued
Types of Writs

 Writ of Habeas Corpus 

 Writ of Mandamus 
 Writ of Prohibition 
 Writ of Certiorari 
 Writ of Quo Warranto 
Writ of Habeas Corpus
 ‘habeas corpus’ literally means ‘to have body’
  issued to a detaining authority, ordering the
detainer to produce the detained person in the
issuing court,  along with the cause of his or her
detention.
 If the detention is found to be illegal, the court
issues an order to set the person free.
Writ of Mandamus 

 Mandamus literally means a command

 Issued by the Supreme Court 
 This writ can not be issued against President or the
Governor. 
 Issued to a subordinate court, an officer of
government, or a corporation or other institution
commanding the performance of certain acts or
duties.
Writ of Prohibition 
 Issued by a higher court to a lower court
 Prohibiting lower court from taking up a case
 The higher court transfers the case to itself
 This writ is available against judicial and quasi-
judicial body
Writ of Certiorari 

•  Issued to a lower court directing that the record of a case be

sent up for review
• The writ of certiorari is available on a later stage
• The writ of certiorari issued to subordinate judicial when they
act:
• a)      Without or in excess of jurisdiction;
• b)      In violation of the prescribed procedure;
• c)      In contravention of principles of natural justice;
• d)      Resulting in an error of law apparent on the face of
face.
 Writ of Quo Warranto 

• ‘Quo Warranto’ means “What is your authority”

•  Issued against a person who claims a public office

• The writ of quo-warranto to issue when:

a) The office is public and of substantive nature

b) The office is created by the State or by the
Constitution itself
c) The respondent must have asserted his claim to
the office.
References

 www.india.gov.in
 www.indiacode.nic.in
 http://en.wikipedia.org/wiki/Constitution_of_India
 www.iloveindia.com
 www.indiaonline.in
 http://en.wikipedia.org/wiki/Fundamental_Rights_in
_India
 NCERT text book of social science.