Presentation 1

Aspects of Constitution of India Aspects of Constitution of India

Topics Topics IntroductionIntroduction Permeable Permeable Fundamental Rights Fundamental Rights Division of Power Division of Power

Presented by Mr. Shripad MandakeMs. Sarika NayakMr. Srimant PattmaikMs. Asha Sequeira Mr. Ameet Vedpathak

Introduction Introduction After the World war-II, in July1945, the British government After the World war-II, in July1945, the British government

decided to convene a constitution drafting body comprising decided to convene a constitution drafting body comprising of 3 British cabinet ministers called the Cabinet Mission. of 3 British cabinet ministers called the Cabinet Mission.

Laid a detailed procedure to be followed by the constitution Laid a detailed procedure to be followed by the constitution drafting body known as Constituent Assembly.drafting body known as Constituent Assembly.

On 9On 9thth Dec. 1946 a constituent Assembly consisting of 299 Dec. 1946 a constituent Assembly consisting of 299 members met for the first time in New Delhi under the members met for the first time in New Delhi under the chairmanship of Dr. Sachidanand Sinha. On 13chairmanship of Dr. Sachidanand Sinha. On 13thth Dec.1946 Dec.1946 Pandit Jawaharlal Nehru moved the Objectives resolution.Pandit Jawaharlal Nehru moved the Objectives resolution.

On 14On 14thth August 1947 midnight, the Constituent Assembly August 1947 midnight, the Constituent Assembly took over as the legislative assembly of an Independent took over as the legislative assembly of an Independent India.India.

On 29On 29thth August 1947 a drafting committee under the August 1947 a drafting committee under the Chairmanship of Dr.B.R.Ambedkar was set up to prepare Chairmanship of Dr.B.R.Ambedkar was set up to prepare draft Constitution for India.draft Constitution for India.

On 26On 26thth November 1949 the constitution of India was adopted November 1949 the constitution of India was adopted and the constitution of India came into force on 26and the constitution of India came into force on 26thth January January 1950.1950.

PermeablePermeable WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India

into ainto aSOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to

allall its citizens:its citizens:

JUSTICE, social, economic and political;JUSTICE, social, economic and political;LIBERTY of thought, expression, belief, faith and worship;LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and FRATERNITY assuring the dignity of the individual and the unity and

integrity of the Nation;integrity of the Nation;

In Our Constituent Assembly, this twenty-sixth day of November 1949, doIn Our Constituent Assembly, this twenty-sixth day of November 1949, dohereby adopt, enact and give to ourselves this constitutionhereby adopt, enact and give to ourselves this constitution..

PurposePurposeActs as a guiding light for constitution & is interpreted in this light by the Acts as a guiding light for constitution & is interpreted in this light by the Judiciary. Objectives specified in the Permeable Forms the basic structure Judiciary. Objectives specified in the Permeable Forms the basic structure

ofofthe Indian Constitution which is secularism & Democracy and cannot bethe Indian Constitution which is secularism & Democracy and cannot beAmended.Amended.

FunctionsFunctions Every citizen and the government must try to Every citizen and the government must try to

achieve the most important National Goals like achieve the most important National Goals like socialism, secularism and National Integration. socialism, secularism and National Integration.

It laid down and defined the Fundamental Rights It laid down and defined the Fundamental Rights Directive Principles & duties of the citizenDirective Principles & duties of the citizen

Establishes & defines power & responsibility of the Establishes & defines power & responsibility of the main organ i.e.main organ i.e.

Executive Executive

Legislature Legislature

JudiciaryJudiciary Acts as a regulating body between the government Acts as a regulating body between the government

and the people and the people

Strong CentreStrong Centre

The constitution is surrounded by six strong centers The constitution is surrounded by six strong centers

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

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

Election Accounts & Audits –Election Accounts & Audits – The machinery for election, accounts and audit is similarly The machinery for election, accounts and audit is similarly integrated and unified. The Union Government may give directions integrated and unified. The Union Government may give directions to a State Government to ensure due compliance with the to a State Government to ensure due compliance with the legislative and administrative action of the Union.legislative and administrative action of the Union.

Strong CentreStrong Centre (Cont….)(Cont….)

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

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

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

Fundamental RightFundamental Right

DefinationDefination Defined as basic human freedoms that every Indian Defined as basic human freedoms that every Indian

citizen has the right to enjoy for a proper and citizen has the right to enjoy for a proper and harmonious development of the personality.harmonious development of the personality.

Aims / PurposeAims / Purpose

Acts as guarantee that all Indian citizens can & will lead Acts as guarantee that all Indian citizens can & will lead their life in peace as long as they live in Indian Democracy.their life in peace as long as they live in Indian Democracy.

Aimed at overturning the inequities of past social practices. Aimed at overturning the inequities of past social practices. They have also been used to in successfully abolishing or They have also been used to in successfully abolishing or

preventing the preventing the UntouchabilityUntouchability

Fundamental RightsFundamental Rights

The constitution of India has defined The constitution of India has defined six fundamental rights they are as six fundamental rights they are as followsfollows

Right to Equality Right to Equality Right to particular freedomRight to particular freedom Cultural and Educational RightsCultural and Educational Rights Right to freedom and religionRight to freedom and religion Right against ExploitationRight against Exploitation Right to Constitutional RemediesRight to Constitutional Remedies

Right to EqualityRight to Equality

Equality before the LawEquality before the Law Social equality and equal access to Social equality and equal access to

public areas.public areas. Equality in matters of the public Equality in matters of the public

employment.employment. Abolition of untouchablesAbolition of untouchables Abolition of titlesAbolition of titles

Right To FreedomRight To Freedom

Freedom of Speech and Expression Freedom of Speech and Expression Freedom to assemble peacefully without Freedom to assemble peacefully without

armsarms Freedom to form associations or unionsFreedom to form associations or unions Freedom to move freely throughout the Freedom to move freely throughout the

territory of India territory of India Freedom to reside and settle in any part of Freedom to reside and settle in any part of

India.India. Freedom to carry any profession or any Freedom to carry any profession or any

occupation, trade or any businessoccupation, trade or any business

Cultural and Educational RightsCultural and Educational Rights

Develop to protect the minorities.Develop to protect the minorities. Any community can conserve and Any community can conserve and

develop its own language.develop its own language. No citizen can be discriminated No citizen can be discriminated

against the admission in State or against the admission in State or state Aided institutionstate 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 ExploitationRight against the Exploitation

Child labour and beggar are Child labour and beggar are prohibited. prohibited.

Abolition of trafficking in human Abolition of trafficking in human being & Beggars.being & Beggars.

Abolition of employment below the Abolition of employment below the age of 14age 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 Right to Property (Former Fundamental Right)Fundamental Right)

The constitution originally provided for the The constitution originally provided for the Right to Property, which guaranteed the Right to Property, which guaranteed the right to acquire, hold and dispose off right to acquire, hold and dispose off property.property.

However the 44However the 44thth amendment act of 1978 amendment act of 1978 deleted the right to property from the list deleted the right to property from the list of fundamental rights.of fundamental rights.

A new article 300-A, provided that “ no A new article 300-A, provided that “ no person shall be deprived of his property person shall be deprived of his property save by the authority of law”.save by the authority of law”.

Though it is no longer a fundamental right, Though it is no longer a fundamental right, it still remains a constitutional right.it still remains a constitutional right.

Distribution of PowerDistribution of Power

Separation of Power by Constitution in India Separation of Power by Constitution in India so that no single entity can have complete so that no single entity can have complete hold or monopoly in the system.hold or monopoly in the system.

Division of Power

LegislativeExecutive Judicial

Legislative

Writes and enacts laws Writes and enacts laws Enacts taxes, authorizes borrowing, and Enacts taxes, authorizes borrowing, and

sets the budget sets the budget Usually has sole power to declare war Usually has sole power to declare war May start investigations, especially against May start investigations, especially against

the executive branch the executive branch Often appoints the heads of the executive Often appoints the heads of the executive

branch branch Sometimes appoints judges Sometimes appoints judges Ratifies treaties Ratifies treaties

Legislative Cont…

It consists of It consists of THE UNION LEGISLATURETHE UNION LEGISLATURE

LOK SABHALOK SABHA RAJYA SABHARAJYA SABHA

THE STATE LEGISLATURETHE STATE LEGISLATURE

EXECUTIVE (GOVERNMENT)EXECUTIVE (GOVERNMENT)

Sometimes may veto laws Sometimes may veto laws May refuse to enforce certain laws (risking May refuse to enforce certain laws (risking

impeachment by the legislature) impeachment by the legislature) May refuse to spend money allocated for May refuse to spend money allocated for

certain purposes certain purposes Wages war (has operational command of Wages war (has operational command of

the military) the military) Makes decrees or declarations (for Makes decrees or declarations (for

example, declaring a state of emergency) example, declaring a state of emergency) and promulgates lawful regulations and and promulgates lawful regulations and executive orders executive orders

EXECUTIVE (GOVERNMENT)EXECUTIVE (GOVERNMENT) Cont…Cont…

Often appoints judges Often appoints judges Has power to grant pardons to Has power to grant pardons to

convicted criminalsconvicted criminals

It consists of It consists of President President Vice – President Vice – President The Prime minister The Prime minister Council of MinistersCouncil of Ministers

EXECUTIVE (GOVERNMENT)EXECUTIVE (GOVERNMENT) Cont…Cont…

Independent Executive Agencies Independent Executive Agencies CBI – Central Bureau of InvestigationCBI – Central Bureau of Investigation CVC – Central Vigilance CommissionCVC – Central Vigilance Commission CAG – Controller and Auditor General of CAG – Controller and Auditor General of

IndiaIndia NHRC- National Human rights Commission NHRC- National Human rights Commission TRAI – Telecom Regulatory Authority of IndiaTRAI – Telecom Regulatory Authority of India UPSC – Union Public Service Commission UPSC – Union Public Service Commission AERB – Atomic Energy Regulatory BoardAERB – Atomic Energy Regulatory Board

JUDICIALJUDICIAL Determines which laws apply to any given Determines which laws apply to any given

case case Determines whether a law is Determines whether a law is

unconstitutional unconstitutional Has sole power to interpret the law and to Has sole power to interpret the law and to

apply it to particular disputes apply it to particular disputes May nullify laws that conflict with a more May nullify laws that conflict with a more

important law or constitution important law or constitution Determines the disposition of prisoners Determines the disposition of prisoners Has power to compel testimony and the Has power to compel testimony and the

production of evidence production of evidence

JUDICIALJUDICIAL Cont…Cont…

Enforces uniform policies in a top-down Enforces uniform policies in a top-down fashion via the appeals process, but gives fashion via the appeals process, but gives discretion in individual cases to low-level discretion in individual cases to low-level judges. (The amount of discretion depends judges. (The amount of discretion depends upon the standard of review, determined upon the standard of review, determined by the type of case in question.) by the type of case in question.)

May rule only in cases of an actual dispute May rule only in cases of an actual dispute brought between actual petitioners brought between actual petitioners

Polices its own members Polices its own members Is frequently immune to arbitrary dismissal Is frequently immune to arbitrary dismissal

by other branches by other branches

JUDICIALJUDICIAL Cont…Cont…

It consists of It consists of Supreme Court of IndiaSupreme Court of India High Courts at the State level.High Courts at the State level. District and session Court at the district District and session Court at the district

level.level.

BibliographyBibliography

BooksBooks

The Costitution of India – By Noshirvan H The Costitution of India – By Noshirvan H Jhabvala Jhabvala

InternetInternet

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