Constitution of India (Hemant Sachan)

Constitution Of IndiaPRESENTED BYhEMANT SACHAN Roll No.- MO729 SEC- A PGDM

A Living LawConstitution is not be constructed as a mere law, but as the machinery by which the laws are made. A constitution is a living and organic thing which, of all instruments has the greatest claim to be constructed broadly and liberally. a.i.r.1990 s.c.- 781,791

Preamble Of Our ConstitutionWE, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialistic, Democratic, Republic and to secure for all its citizens, Justice social, economic and Political; Liberty of thought, Expression, Belief, Faith and Worship; Equality of status and Opportunity, and to promote among them all Fraternity, assuring the dignity of Individual and the Unity and Integrity of nation. - 26 nov,1949

Principles Of Our ConstitutionThe Preamble has clearly states that our country is now Sovereign in all matters. The ultimate source of all power is THE PEOPLE . I. Sovereignty ii. Democracy iii. Secularism and iv. Socialism are the basic principles of our

constitution.

sovereigntythis is the main feature of the Indian constitution. India is completely an independent country now. We are not subordinate or slave to any country in external or internal matters.

DemocracyDemocracy means a government which is run by representatives who are elected on the basis of adult franchise.

secularismthe state gives equal treatment to all religions. It does not favour any particular religion. The constitution gives complete freedom to its citizens to practice and preach their own religion.

Socialismthe achievement of socialism, based on economic and social equity, is the chief goal of our constitution. It provides equal opportunities in education, employment, justice to all.

Fundamental RightsOur constitution has guaranteed six types of rights to the citizens. They are :

I. Right to equality- Our constitution gives equaltreatment to all citizens. the state cannot discriminate on the basis of religion, caste, creed, sex, language, place of birth etc. ii.

Right to Freedom -Every citizen has right to readand right, speak, hold public meeting and form any association or union. A citizen is free to go to any part of the country and free to acquire any property.

III. RIGHT AGAINST EXPLOITIONTHE PURPOSE OF THIS RIGHT IS TO PREVENT ANY EXPLOITATION IN THE SOCITY.IT IS AN OFFENSE TO BUY OR SELL MEN,WOMEN AND CHILDREN.THE CONSTITUTION PROHIBITS FORCED LABOUR. NOBODY CAN BE ASKED TO WORK AGAINST HIS WISHES.

IV. RIGHT TO FREEDOM OF RELIGIONEVERY CITIZEN IN INDIA HAS THE RIGHT TO PRACTICE HIS OWN LANGUAGE,SCRIPT AND CULTURE. PEOPLE OF DIFFERENT RELIGIONS HAVE ALSO THE FREEDOM TO PREACH THEIR RELIGION IN A PEACEFUL MANNER.

v. CULTURAL and EDUCATIONAL RIGHTEvery Indian citizen has the right to preserve his own language, script and culture. People in different parts of the country speaks different languages. They have the right to establish their own educational institutions.

vi. RIGHT to CONSTITUTIONAL REMEDIESEach citizen has the right to approach the court in order to protect his fundamental right. this is why the Court have been described as the protector of citizens rights.

Fundamental DutiesOur constitution was enforced on January 26,1950. but nothing was said about the duties of the citizens in the constitution. In order to make people conscious of their duties, the constitution was amended in 1986 and the fundamental duties of the citizens were incorporated in it.article 51(a)

THE FUNDAMENTAL DUTIES OF EVERY CITIZENS OF INDIA ARE: b. To abide by the constitution and respect its ideals and institutions, the national Flag and Anthem; c. To uphold and protect the sovereignty, unity, integrity of India; d. To defend the country and render national service when called upon to do so; e. To renounce practice derogatory to the women;

E. To value and preserve the rich heritage of our composite culture; B. To protect and improve the natural environment including forests, rivers, lakes and wild life, and to have compassion for living creatures; C. To safeguard public property and to abjure violence; D. To strive towards excellence in all spheres of individuals and collective activity; so that the nation constantly rises to higher levels of Endeavour and achievement.

The Directive principles of the State policyTo bring about economic and social welfare in the country, the directive principles of the state policy have been stated in our constitution. The purpose is to bring social equality in the country; specials directions have been given for the uplift of the backward communities and weaker sections of our society. The directive principles also provide equal pay for equal work for both men and women.

Synergy between Government and BusinessIndia had adopted the planned structure of economic growth. Five year plans were drawn up with resources allocated to different sectors by the central planning authorities. It was a licensed, closed economy with the public sectors holding the commanding heights. The privet sectors was in a nascent stage. it could not enter in to areas which were not reserved for the public sectors and a license was required for any project.

Economic liberalization began to an extent in 1980, it accelerated in 1985 and achieved the task off stage in 1991. it is from 1981 onwards that we gradually began to see synergy being practised in economic growth in india. The public sector retreated to make way in areas where the private sectors had a competitive edge. A supreme synergistic approach is being followed since 1991 with the increased focus on globalization of the Indian economy. This synergy is now visible in virtually all the fields of economic and commercial activities.

Some of areas where synergy can accelerate the growth process are discussed below:

AGRICULTUREKeeping in view the dominance of agriculture in Indian economic and its tremendous employment potential, it should be given the status of industry, while retaining the benefits available to it at present. The reforms should also focus on making far reaching changes in the nature of land holding in rural areas to ensure that benefits of the liberalisation process percolate down to the vast majority of people living in villages.

There is an urgent need to motivate the rural masses to undertake novel schemes for rural development as the reform process would have no relevance till the rural masses are made a part and parcel of it. Policy impetus should be given to forge linkages of agriculture with allied activities like food processing, horticulture, floriculture and sericulture.

INFRASTRUCTUREFor attracting investment into the infrastructure sector, it is necessary to work for increasing the level of investor confidence through transparent policies, procedures and framework. Disinvestment offers another opportunity. Hence again, the government will have to make up its mind early and clearly. One of the reasons for the delay in the flow of private sector investment is the non-availability of projects cleared in all respects, for which competitive bids can be made.

PORT AND SHIPPING: In the long run, port trusts, both of major and minor ports, should be turned into autonomous administrative entities which lease out operations and construction of new facilities to the private sector. They should, in fact, become landlord ports which is the case in most modern ports around in the world. 2. AIR PORTS AND AIR TRANSPORT: Ministry of civil aviation should come out with clear cut and transparent guidelines for attracting private sector investment in airport construction.

ROADS : To facilitate road transport, the quality of traffic management needs to be improved vastly. a green card system needs to be introduced for loaded trucks/containers to move with out checking enroute. POWER: The state electricity boards should be given genuine autonomy, both financially and operationally. Arrangements should be may with the private sector or ntpc for the rehabitalization and operation of poorly performing stations and other services.

DISINVESTMENTThe disinvestment process is conditioned by multiple objectives as is the case with privatization and hence a trade-off becomes inevitable. There is still one important difference: the government renounces its control over the PSEs through privatisation, while it may retain its control even after disinvestment. The government has to take decisions at least on three important issues while adopting the disinvestment process.

These are : 2. How much of the equity holdings and of which PSEs are to be divested ? 3. To whom the equities are to be sold ? 4. What modes are to be adopted for disinvestment ? transparency in disinvestment is important as it reduces the scope for collusion and misuse of inside information which would, otherwise, enable certain privileged sectors of the society to appropriate the gains from the sale of equities held by the state.

Human resources and core competenceGovernment and business will need to work shoulder to shoulder in removing gaps in the area of human recourses development. Independent and autonomous organisation should be created to give recognition and ensure the quality of training provided by various institutions. In a knowledge-based development process, human resources become fundamental to productivity- the only sure step to growth. it is people who operate the machines and take decisions on allocating and utilizing all production resources within the company or country.

SOCIAL RESPONSIBILITY AND CONSUMER INTERFANCINGEnvironmental protection is a major social responsibility for the government and business. Both have to work very closely to establish links between environmental health and economic wealth. Business need to take advance action to bring in the necessary environmental technologies in time. The goal should be to move to ISO 14000 as early as possible. Small and medium enterprises should use collective efficiency mechanisms to find cost effective solutions to the services environment related problems that they face. Government should also extend a helping hand in this process.

ConclusionFrom this presentation, I tried to highlight the Indian constitution and its directive principles of the state policy, the fundamental rights and duties and also its relationship with business. For any business, to run successfully in any country, it needs the favorable government policy, rules and regulations. the governments rules, regulations and policies are based on constitution, they cant make any policy and they can not do any thing that breaks the borders of the constitution. Indian constitution too require some amendments, but still india is a great country for doing any business as our constitution provides full opportunity for the smooth running of any existing business or any new business.