THE CONSTITUTION OF INDIA
Jan 18, 2015
THE CONSTITUTION
OF INDIA
WHAT IS CONSTITUTION A constitution is a set of fundamental principles or
established precedents according to which a state or other organization is governed.
These principles together constitute the entity.
A single collection or set of legal documents in a written format is known as a Written Constitution
It is concerned with different levels of organizations – from sovereign states to companies and unincorporated associations
It defines the principles upon which the state is based, the procedure in which laws are made and by whom
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CONSTITUTION OF INDIA
It is the longest written constitution of any sovereign country of the world
Dr. B. R. Ambedkar was the Architect of Indian Constitution
It is the Supreme Law of India
It lays down the framework, defines fundamental, political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, fundamental duties, directive principles for the citizens.
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FEATURES/CHARACTERISTICS OF CONSTITUTION The Constitution of India currently consists of a preamble,
450 articles in 25 parts, 12 schedules, 2 appendices and 97 amendments till date (latest being related to co-operative societies in 2012).
It has a strong unitary base despite being federal in nature
It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.
The Republic form of the Constitution of India was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.
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FEATURES/CHARACTERISTICS OF CONSTITUTION The basic form of the Union Government
envisaged in the Constitution is:
Federal Structure
Parliamentary Democracy
Independent Judiciary
Federal structure consists of the Union list, the
State list, and the Concurrent list, defining the
legislative powers of each level of government
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FEATURES/CHARACTERISTICS OF CONSTITUTION
Parliamentary Democracy consists of: The President as the Head of the State Prime Minister and Council of Ministers (elected by
the people) Members of Parliament (Lok Sabha and Rajya Sabha),
Legislative Assembly (Chief Minister and State Council
of Ministers)
Independent Judiciary:
It is free of control from either the Executive or the Parliament.
It acts as an interpreter of the constitution, and as an intermediary in case of disputes between two States, or between a State and the Union
Reviews Laws and Acts passed by the Parliament04/10/23
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FUNDAMENTAL RIGHTS
It is a charter of rights laid down in the Indian Constitution
It guarantees civil liberties to the citizens to live in peace and
harmony
Violation of these rights result in punishments as prescribed in
the Indian Penal Code, subject to discretion of the Judiciary.
These are the basic human freedom / rights given to the citizens
It applies to all citizens of India, irrespective of their race, place of
birth, religion, caste, creed, colour and / or gender.
These rights have been formulated based on the England’s Bill of
Rights, the United States Bill of Rights and Frances’s Declaration of
the Rights of Man. 04/10/23
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FUNDAMENTAL RIGHTS
Seven Fundamental Rights are contained in the Constitution of
India:
Right to equality
Right to freedom
Right against exploitation
Right to freedom of religion
Cultural and Educational rights
Right to constitutional remedies
Right to education 04/10/23
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FUNDAMENTAL DUTIES
The Fundamental Duties are defined as the moral obligations
of all citizens
These are provided to help promote a spirit of patriotism and
to uphold the unity of India.
These duties, set out in Part IV–A of the Constitution, concern
individuals and the nation.
These duties are not legally enforceable.
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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 and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
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FUNDAMENTAL DUTIES
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, 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.
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.
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DIRECTIVE PRINCIPLES OF STATE POLICY
These are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies.
These provisions are contained in Part IV of the Constitution of India.
These are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.
These are inspired from the Directive Principles of Constitution of Ireland
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ORGANS OF DEMOCRACY
The democracy in Indian Constitution has three organs:
The Legislature
The Executive
The Judiciary
The Legislature makes the Laws
The Executive implements them
The Judiciary interprets laws and decides disputes
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ORGANS OF DEMOCRACY – THE LEGISLATURE
The Legislature is most commonly known as the Parliament
It is of two types: Unicameral and Bicameral
Indian Parliament is Bicameral in nature: consists of Upper
House (Rajya Sabha) and Lower House (Lok Sabha)
States of India has both types of Legislature – Unicameral and
Bicameral
The most important function of the Legislature is framing laws.
Other functions include electing of head of state (President),
Prime Minister and Council of Ministers, choose office bearers,
influence & controls govt. behaviours.04/10/23
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ORGANS OF DEMOCRACY – THE EXECUTIVE
It is the implementing arm of the government.
The Executive consists of two types of officials:
The Political Executive: i.e. President, Prime Minister,
Cabinet or Council of Ministers
The Permanent Executive or the Bureaucracy which
remains in office for a fixed period of tenure
It formulates and implements various policies, execute decisions
of the Judiciary.
It runs the administration of the country, maintains peace, law
and order, maintaining diplomatic functions, foreign relations,
head of military functions, financial & economic functions etc.04/10/2315
ORGANS OF DEMOCRACY – THE JUDICIARY
It is known as the rule-adjudication department of the
government and is concerned with the job of doing justice
It is partly a continual of British Legal System.
The Judiciary consists of different types of Courts (based on tier
& jurisdiction) and Judges appointed by the Head of the State or
by a selection process or elected by other judges in each tier of
court.
It is independent of Legislature and Executive
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ORGANS OF DEMOCRACY – THE JUDICIARY
Its most important function is the administration of justice
It interprets law and awards punishments for the violation of
laws.
The primary objective of protecting the rights of the individual is
done by the judiciary
It decides what a law is and how it should prevail
It stabilizes and supports the existing political system
It has the power of judicial review of any legislation
It acts as the guardian of the constitution
It performs advisory duties
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ROLE OF GOVT. IN BUSINESS
The government plays a significant role in regulating business The role of the government in business is as follows:
Enacting and Enforcing Laws for the smooth functioning of economic system Maintenance of law and order in business activities Regulates economic activities – directly or indirectly Promotes economic development by providing infrastructure, power & energy, transport, communication facilities, social overhead capital etc. Participatory or Entrepreneurial role by setting up public sector and / or private sector companies, promoting social welfare etc. Planning role by through the Planning Commission of India and its five year plans ensuring optimum utilization of resources.
Presently, Government has changed it role in business by reducing regulatory and participative roles and increasing promotional roles.04/10/23
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JUDICIAL PROCESS IN THE ADMINISTRATION OF JUSTICE
Judiciary is the main source of judicial process and plays an important part in the administration of justice
Judiciary has set up a hierarchical system of courts in India, namely, the Supreme Court of India (Apex court), High Courts and the Divisional/ District / Tribunal Courts (Lower Courts)
The Supreme Court and all High Courts of the states are Constitutional Courts
The Supreme Court and High Courts have the power to interpret and decide the Constitutional matters and make laws in the administration of justice
The administration of justice by the High Courts is precedent for lower courts and laws made by High courts is binding on lower courts of jurisdiction
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JUDICIAL PROCESS IN THE ADMINISTRATION OF JUSTICE
The courts decision are said to be of binding nature and precedent to its lower level in the hierarchy
Precedent influences future decisions A decision is pronounced on past facts and rule is extracted and
projected into the future from the decision of past facts The judicial system in India is based on evidences and facts With the facts and evidences, it requires argument and hearing
and quick administration of Justice.
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THANK YOU!!
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