Aspects Of Constitution Of India
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Aspects of Constitution of India Topics
Introduction Permeable Fundamental Rights Division of Power
Presented by Mr. Shripad Mandake Ms. Sarika Nayak Mr. Srimant Pattmaik Ms. Asha Sequeira Mr. Ameet Vedpathak
Introduction
After the World war-II, in July1945, the British government decided to convene a constitution drafting body comprising of 3 British cabinet ministers called the Cabinet Mission.
Laid a detailed procedure to be followed by the constitution drafting body known as Constituent Assembly.
On 9th Dec. 1946 a constituent Assembly consisting of 299 members met for the first time in New Delhi under the chairmanship of Dr. Sachidanand Sinha. On 13th Dec.1946 Pandit Jawaharlal Nehru moved the Objectives resolution.
On 14th August 1947 midnight, the Constituent Assembly took over as the legislative assembly of an Independent India.
On 29th August 1947 a drafting committee under the Chairmanship of Dr.B.R.Ambedkar was set up to prepare draft Constitution for India. On 26th November 1949 the constitution of India was adopted and the constitution of India came into force on 26th January 1950.
Permeable WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; In Our Constituent Assembly, this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution. Purpose Acts as a guiding light for constitution & is interpreted in this light by the Judiciary. Objectives specified in the Permeable Forms the basic structure of the Indian Constitution which is secularism & Democracy and cannot be Amended.
Functions
Every citizen and the government must try to achieve the most important National Goals like socialism, secularism and National Integration. It laid down and defined the Fundamental Rights Directive Principles & duties of the citizen Establishes & defines power & responsibility of the main organ i.e. Executive Legislature Judiciary Acts as a regulating body between the government and the people
Strong Centre The constitution is surrounded by six strong centers
Citizenship – 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 both the particular state of the citizen, as for instance, of Texas or of California, and of the United States as a whole).
Judiciary No bifurcation of Judiciary between federal and State Government. The same system of courts, headed by the Supreme Court, administer both the Union laws and the state laws as are applicable to the cases coming up for adjudication.
Election Accounts & Audits – The machinery for election, accounts and audit is similarly integrated and unified. The Union Government may give directions to a State Government to ensure due compliance with the legislative and administrative action of the Union.
Strong Centre (Cont….)
Failure of Constitutional Machinery Where there is a failure of the constitutional machinery in a state, the President can suspend the constitution of the State and assume responsibility for administration of the State. In such circumstances, the Parliament may legislate for such a state.
The Council of States: The council of States is not constituted on the principle of equal representation of the states.
Formation of New States: The Union Legislature, namely the Parliament, has the power to form new States, to increase or diminish the area of existing States and to alter their boundaries or names.
Fundamental Right Defination
Defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of the personality.
Aims / Purpose
Acts as guarantee that all Indian citizens can & will lead their life in peace as long as they live in Indian Democracy. Aimed at overturning the inequities of past social practices. They have also been used to in successfully abolishing or preventing the Untouchability
Fundamental Rights The constitution of India has defined six fundamental rights they are as follows Right to Equality Right to particular freedom Cultural and Educational Rights Right to freedom and religion Right against Exploitation Right to Constitutional Remedies
Right to Equality
Equality before the Law Social equality and equal access to public areas. Equality in matters of the public employment. Abolition of untouchables Abolition of titles
Right To Freedom
Freedom of Speech and Expression Freedom to assemble peacefully without arms Freedom to form associations or unions Freedom to move freely throughout the territory of India Freedom to reside and settle in any part of India. Freedom to carry any profession or any occupation, trade or any business
Cultural and Educational Rights
Develop to protect the minorities. Any community can conserve and develop its own language. No citizen can be discriminated against the admission in State or state 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 Exploitation
Child labour and beggar are prohibited. Abolition of trafficking in human being & Beggars. Abolition of employment below the age 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 Fundamental Right)
The constitution originally provided for the Right to Property, which guaranteed the right to acquire, hold and dispose off property. However the 44th amendment act of 1978 deleted the right to property from the list of fundamental rights. A new article 300-A, provided that “ no person shall be deprived of his property save by the authority of law”. Though it is no longer a fundamental right, it still remains a constitutional right.
Distribution of Power Separation of Power by Constitution in India so that no single entity can have complete hold or monopoly in the system.
Division of Power Legislative
Executive
Judicial
Legislative
Writes and enacts laws Enacts taxes, authorizes borrowing, and sets the budget Usually has sole power to declare war May start investigations, especially against the executive branch Often appoints the heads of the executive branch Sometimes appoints judges Ratifies treaties
Legislative Cont…
It consists of
THE UNION LEGISLATURE
LOK SABHA RAJYA SABHA
THE STATE LEGISLATURE
EXECUTIVE (GOVERNMENT)
Sometimes may veto laws May refuse to enforce certain laws (risking impeachment by the legislature) May refuse to spend money allocated for certain purposes Wages war (has operational command of the military) Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful regulations and executive orders
EXECUTIVE (GOVERNMENT) Cont…
Often appoints judges Has power to grant pardons to convicted criminals
It consists of
President Vice – President The Prime minister Council of Ministers
EXECUTIVE (GOVERNMENT) Cont…
Independent Executive Agencies
CBI – Central Bureau of Investigation CVC – Central Vigilance Commission CAG – Controller and Auditor General of India NHRC- National Human rights Commission TRAI – Telecom Regulatory Authority of India UPSC – Union Public Service Commission AERB – Atomic Energy Regulatory Board
JUDICIAL
Determines which laws apply to any given case Determines whether a law is unconstitutional Has sole power to interpret the law and to apply it to particular disputes May nullify laws that conflict with a more important law or constitution Determines the disposition of prisoners Has power to compel testimony and the production of evidence
JUDICIAL Cont…
Enforces uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.) May rule only in cases of an actual dispute brought between actual petitioners Polices its own members Is frequently immune to arbitrary dismissal by other branches
JUDICIAL Cont…
It consists of
Supreme Court of India High Courts at the State level. District and session Court at the district level.
Bibliography Books The Constitution of India – By Noshirvan H Jhabvala Internet Constitution of India , Love India , Ministry of Law.
Introduction Permeable Fundamental Rights Division of Power
Presented by Mr. Shripad Mandake Ms. Sarika Nayak Mr. Srimant Pattmaik Ms. Asha Sequeira Mr. Ameet Vedpathak
Introduction
After the World war-II, in July1945, the British government decided to convene a constitution drafting body comprising of 3 British cabinet ministers called the Cabinet Mission.
Laid a detailed procedure to be followed by the constitution drafting body known as Constituent Assembly.
On 9th Dec. 1946 a constituent Assembly consisting of 299 members met for the first time in New Delhi under the chairmanship of Dr. Sachidanand Sinha. On 13th Dec.1946 Pandit Jawaharlal Nehru moved the Objectives resolution.
On 14th August 1947 midnight, the Constituent Assembly took over as the legislative assembly of an Independent India.
On 29th August 1947 a drafting committee under the Chairmanship of Dr.B.R.Ambedkar was set up to prepare draft Constitution for India. On 26th November 1949 the constitution of India was adopted and the constitution of India came into force on 26th January 1950.
Permeable WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; In Our Constituent Assembly, this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this constitution. Purpose Acts as a guiding light for constitution & is interpreted in this light by the Judiciary. Objectives specified in the Permeable Forms the basic structure of the Indian Constitution which is secularism & Democracy and cannot be Amended.
Functions
Every citizen and the government must try to achieve the most important National Goals like socialism, secularism and National Integration. It laid down and defined the Fundamental Rights Directive Principles & duties of the citizen Establishes & defines power & responsibility of the main organ i.e. Executive Legislature Judiciary Acts as a regulating body between the government and the people
Strong Centre The constitution is surrounded by six strong centers
Citizenship – 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 both the particular state of the citizen, as for instance, of Texas or of California, and of the United States as a whole).
Judiciary No bifurcation of Judiciary between federal and State Government. The same system of courts, headed by the Supreme Court, administer both the Union laws and the state laws as are applicable to the cases coming up for adjudication.
Election Accounts & Audits – The machinery for election, accounts and audit is similarly integrated and unified. The Union Government may give directions to a State Government to ensure due compliance with the legislative and administrative action of the Union.
Strong Centre (Cont….)
Failure of Constitutional Machinery Where there is a failure of the constitutional machinery in a state, the President can suspend the constitution of the State and assume responsibility for administration of the State. In such circumstances, the Parliament may legislate for such a state.
The Council of States: The council of States is not constituted on the principle of equal representation of the states.
Formation of New States: The Union Legislature, namely the Parliament, has the power to form new States, to increase or diminish the area of existing States and to alter their boundaries or names.
Fundamental Right Defination
Defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of the personality.
Aims / Purpose
Acts as guarantee that all Indian citizens can & will lead their life in peace as long as they live in Indian Democracy. Aimed at overturning the inequities of past social practices. They have also been used to in successfully abolishing or preventing the Untouchability
Fundamental Rights The constitution of India has defined six fundamental rights they are as follows Right to Equality Right to particular freedom Cultural and Educational Rights Right to freedom and religion Right against Exploitation Right to Constitutional Remedies
Right to Equality
Equality before the Law Social equality and equal access to public areas. Equality in matters of the public employment. Abolition of untouchables Abolition of titles
Right To Freedom
Freedom of Speech and Expression Freedom to assemble peacefully without arms Freedom to form associations or unions Freedom to move freely throughout the territory of India Freedom to reside and settle in any part of India. Freedom to carry any profession or any occupation, trade or any business
Cultural and Educational Rights
Develop to protect the minorities. Any community can conserve and develop its own language. No citizen can be discriminated against the admission in State or state 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 Exploitation
Child labour and beggar are prohibited. Abolition of trafficking in human being & Beggars. Abolition of employment below the age 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 Fundamental Right)
The constitution originally provided for the Right to Property, which guaranteed the right to acquire, hold and dispose off property. However the 44th amendment act of 1978 deleted the right to property from the list of fundamental rights. A new article 300-A, provided that “ no person shall be deprived of his property save by the authority of law”. Though it is no longer a fundamental right, it still remains a constitutional right.
Distribution of Power Separation of Power by Constitution in India so that no single entity can have complete hold or monopoly in the system.
Division of Power Legislative
Executive
Judicial
Legislative
Writes and enacts laws Enacts taxes, authorizes borrowing, and sets the budget Usually has sole power to declare war May start investigations, especially against the executive branch Often appoints the heads of the executive branch Sometimes appoints judges Ratifies treaties
Legislative Cont…
It consists of
THE UNION LEGISLATURE
LOK SABHA RAJYA SABHA
THE STATE LEGISLATURE
EXECUTIVE (GOVERNMENT)
Sometimes may veto laws May refuse to enforce certain laws (risking impeachment by the legislature) May refuse to spend money allocated for certain purposes Wages war (has operational command of the military) Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful regulations and executive orders
EXECUTIVE (GOVERNMENT) Cont…
Often appoints judges Has power to grant pardons to convicted criminals
It consists of
President Vice – President The Prime minister Council of Ministers
EXECUTIVE (GOVERNMENT) Cont…
Independent Executive Agencies
CBI – Central Bureau of Investigation CVC – Central Vigilance Commission CAG – Controller and Auditor General of India NHRC- National Human rights Commission TRAI – Telecom Regulatory Authority of India UPSC – Union Public Service Commission AERB – Atomic Energy Regulatory Board
JUDICIAL
Determines which laws apply to any given case Determines whether a law is unconstitutional Has sole power to interpret the law and to apply it to particular disputes May nullify laws that conflict with a more important law or constitution Determines the disposition of prisoners Has power to compel testimony and the production of evidence
JUDICIAL Cont…
Enforces uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.) May rule only in cases of an actual dispute brought between actual petitioners Polices its own members Is frequently immune to arbitrary dismissal by other branches
JUDICIAL Cont…
It consists of
Supreme Court of India High Courts at the State level. District and session Court at the district level.
Bibliography Books The Constitution of India – By Noshirvan H Jhabvala Internet Constitution of India , Love India , Ministry of Law.
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