The indian constitution

Made by Krishna

*The Indian constitution

CONSTITUTION

A constitution is a set of fundamental principles or

established precedents according to which a state or other

organization is governed. These rules together make up,

i.e. constitute, what the entity is. When these principles are

written down into a single document or set of legal documents,

those documents may be said to embody a written constitution;

if they are written down in a single comprehensive document,

it is said to embody a codified constitution.

THE INDIAN CONSTITUTION

The Constitution of India is the supreme law of India. It lays

down the framework defining fundamental political principles,

establishes the structure, procedures, powers, and duties of

government institutions, and sets out fundamental right,

directive principles, and the duties of citizens. . It is the

longest written constitution of any sovereign country in the

world, containing 448 articles in 25 parts, 12 schedules, 5

appendices and 98 amendments (out of 120 Constitution

Amendment Bills).  Dr. Bhimrao Ramji Ambedkar is widely

regarded as the father of the Indian Constitution.

*The Indian Constitution

1.What Is Constitution Anyway?Almost everything we do is governed by some set of rules. There are rules for games (like- soccer), for social clubs and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do.

For example- In the game of soccer, a referee has "full authority to enforce the Rules or Law of the Game on the Players”, when a player do something against the Rules referee takes action like send-off a player.

should Should not

1.What Is Constitution Anyway?Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha in India)

We need Laws in Society so our society can regulate and work properly. They are designed to protect us and our property and to ensure that everyone in society behaves the way that the community expects them too.

Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has kept society together. Without laws there would be complete anarchy. Constitution

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government

People

Why Do we need Constitution

In General-I.We need a constitution to govern a country properly.

II.The constitution defines the nature of political system of a country.

III.sometimes we feel strongly about an issue that might go against our larger interests and the constitution helps us guard against this.

IV.All the 3 organs of government (executive, legislature and judiciary) functions within the constitution. All the 3 organs of government, including ordinary citizens, derive their power and authority (i.e. Fundamental Right) from the constitution. If they act against it, it is unconstitutional and unlawful.

So constitution is required to have authoritative allocation of power and function, and also to restrict them within its limit.

Why do we need constitution

Why do we need ConstitutionTo perform following Functions we need Constitution-

I.The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.

II.The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.

III.The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may ever trespass them.

IV.The fourth function of a constitution is to enable the government to fulfill the separations of a society and create conditions for a just society.

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The Constituent Assembly of India was elected to

write the Constitution of India. Following India's

independence from Great Britain, its members

served as the nation's first Parliament.

This body was formed in 1946 for the purpose of

making independent India's constitution. The

assembly passed a resolution in 1947 January

defining the objectives of the constitution:-

1) To set up a Union of India comprising British India

and the princely states.2) To set up a federal form of government with

separate state and central governments.

3) To set up a democracy in which all power is derived

from the people: I) where all people are guaranteed justice,

equality and freedom;

II) where minorities, depressed classes and

the tribal's rights are protected;

4) To protect the integrity of India and her sovereign

rights over land, sea and air.

5) To help India attain its rightful place in the world -

and work for peace and welfare of all mankind.

The framing of Constitution

» Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly when it met on December 9, 1946. Later, Dr. Rajendra Prasad became the President of the Constituent Assembly and Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on December 11,1946 .

First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946 .

The framing of Indian Constitution

The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan.

First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel; K. M. Munshi is seated behind Patel.

Federalism

Parliamentary form of government

Separation of power

Fundamental rights

secularism

The Indian Constitution : Key features

FEDERALISM

Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (such as states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation.

FEDERALISM

Parliamentary form of Government A parliamentary system is a system of

democratic governance of a state in which the executive branch derives its democratic legitimacy from, and is held accountable to, the legislature(parliament); the executive and legislative branches are thus interconnected. In a parliamentary system, the head of state is normally a different person from the head of government. This is in contrast to a presidential system in a democracy, where the head of state often is also the head of government, and most importantly: the executive branch does not derive its democratic legitimacy from the legislature.

Parliamentary form of Government

Separation Of Powers

The separation of powers, often imprecisely used interchangeably with the  political principle, is a model for the governance of a state (or who controls the state). The model was first developed in ancient Greece and Rome. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches.

Separation Of Powers

Fundamental Rights

Fundamental rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.

Fundamentals Rights

Right to Equality Right To Freedom

Right against Exploitation Right To Freedom Of Religion

Cultural and Educational Rights Right to constitutional Remedies

RIGHT TO EQUALITY Equality before law: Article 14 of the constitution guarantees

that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate any of the Indian citizens on the basis of their religion, race, caste, sex or place of birth

Social equality and equal access to public areas: Article 15 of the constitution states that no person shall be discriminated on the basis of religion, race, caste, sex or place of birth. Every person shall have equal access to public places like public parks, museums, wells, bathing Ghats and temples etc. However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes.

Equality in matters of public employment: Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions.

RIGHT TO EQUALITY

Right to Freedom

Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.

Freedom to form associations or unions or co-operative societies on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.

Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics.

Right to Freedom

Right against Exploitation

The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Beggar (forced labour), and abolition of employment of children below the age of 14 years in dangerous jobs like factories, mines, etc. Child labour is considered a gross violation of the spirit and provisions of the constitution. Beggar, practiced in the past by landlords, has been declared a crime and is punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law. An exception is made in employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision.

Right against Exploitation

Right to freedom of religion

Right to freedom of religion, provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of secularism in India. According to the Constitution, all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice.

Religious communities can set up charitable institutions of their own. However, activities in such institutions which are not religious are performed according to the laws laid down by the government. Establishing a charitable institution can also be restricted in the interest of public order, morality and health.

Right to freedom of religion

Cultural and Educational rights

As India is a country of many languages, religions, and cultures, the Constitution provides special measures,

to protect the rights of the minorities. Any community which has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in State or State aided institutions.

All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.

But the right to administer does not mean that the State cannot interfere in case of maladministration.

Cultural and Educational rights

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Right to constitutional remedies

empowers the citizens to move

a court of law in case of any denial

of the fundamental rights. For

instance, in case of imprisonment,

the citizen can ask the court to see

if it is according to the provisions

of the law of the country. If the

court finds that it is not, the

person will have to be freed. This

procedure of asking the courts to

preserve or safeguard the citizens'

fundamental rights can be done in

various ways. The courts can issue

various kinds of writs. These writs

are habeas corpus, mandamus, prohibition, qu

o warrantor and certiorari.

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Secularism

Secularism is the principle of the separation of government institutions and persons mandated to represent the state from religious institutions and religious dignitaries. One manifestation of secularism is asserting the right to be free from religious rule and teachings, or, in a state declared to be neutral on matters of belief, from the imposition by government of religion or religious practices upon its people. Another manifestation of secularism is the view that public activities and decisions, especially political ones, should be uninfluenced by religious beliefs and/or practices.

Secularism

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