CONSTITUTION LAW AND ITS SALIENT FEATURES A PRESENTATION ON By Group 2
Transcript
1. A PRESENTATION ON By Group 2
2. 1. What Is Constitution? 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.
3. 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.
4. In General The Constitution is the Supreme law of the land.
All other laws have to conform to the Constitution. The
constitution contains laws concerning the government and its
relations with the people.
5. 5 A constitution is concerned with 2 main aspects:- The
relation between the different levels of government Between the
government and the citizens. Constitution ... Government The
People
6. It lays down the framework in : Defining fundamental
political principles, Establishes the structure, procedures,
powers, duties of government institutions, Sets out fundamental
rights, directive principles, and the duties of citizens.
7. The Constitution of every country has certain special
features Because the historical background ,social, economic and
political conditions influence the making of the constitution. All
these factors have contributed in the making of the Constitution of
India Constitution is made based on
8. The Constitution was adopted by the Constituent Assembly on
26 November 1949, and came into effect on 26 January 1950.
9. PREAMBLE WE, THE PEOPLE OF INDIA, having 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.
10. ARCHITECTS OF INDIAN CONSTITUTION Pt. Nehru signing on the
Constitution BR Ambedkar : The Chief architect of Indian
Constitution
11. SALIENT FEATURES OF INDIAN CONSTITUTION The Constitution of
India has some outstanding features which distinguishes it from
other constitutions. The framers of our constitution studied other
constitutions, selected their valuable features and put them with
necessary modifications in our constitution.
12. They succeeded doing this. The fact that the constitution,
for last 59 years, has been working satisfactorily is a testimony
to its quality and utility. Now we will discuss the salient
features of our constitution one by one.
13. A WRITTEN CONSTITUTION The Constitution of India is a
written constitution. It was framed by a Constituent Assembly which
was established for the purpose in 1946. There are two types of
constitutions in the world.
14. The first modern written constitution was the American
constitution. The British constitution is unwritten, consists of
customs and conventions which have grown over the years. The
framers of our constitution tried to put everything in black and
white.
15. On the basis of division of power Bw the center and state
the constitution is classified into : Federal Constitution Unitary
Constitution FEDERAL and Unitary Constitution
16. Federal Constitution : The state has its own power whereas
the center only shares the important powers . Ex: the US
constitution Federal => They have their own structure of the
state and most of the powers are exercised by their own
legislatures and center intervenes only when it comes to national
security and other relations Otherwise all the decisions are taken
by the state
17. Unitary Form of Constitution Most of the power is vested in
the union. State are the immediate delegates of the union Ex:
British Constitution
18. Our constitution? A kind of mix Has both the features of
federal and unitary => Quasi Federal Constitution
19. LONGEST CONSTITUTION The Constitution of India is the
longest in the world. Originally it had 395 Articles divided into
22 parts and 8 Schedules. A number of amendments (98 so far),
passed since its enforcement in 1950, have also become a part of
the Constitution.
20. Today it has: 444 Articles divided into 22 parts 12
Schedules The constitution of : USA has 7 Articles, China 138
Articles Japanese 103 Articles Canadian 107 Articles.
21. The constitution became lengthy mainly due to the following
factors: The constitutional fathers wanted to put everything in
great detail. In other federations, there are two constitutions: o
One for the federation and the other for the states. o In India,
the states do not have separate constitutions. o The powers of
states along with the powers of the federation have been stated in
one constitution.
22. The Government of India Act, 1935 was in operation when
India got independence. o Our leaders were familiar with this Act.
o They borrowed heavily from this lengthy Act while framing our
constitution. India is a country of great diversity. o It is a
country of several minorities o It has many languages, castes,
races and religions. o The problems and interests of these
different groups have found place in the constitution.
23. Good features of other constitutions have been included,
with necessary modifications, in our constitution. o For example we
have brought : The 'bill of rights' from the American constitution
Parliamentary system of government from the British constitution.
Directive Principles of State Policy from the Irish constitution. o
While including these elements of other constitutions in our
constitution Ambedkar said the framers of our constitution tried to
remove their faults and suit them to our conditions.
24. Many members of the Constituent Assembly were
"lawyer-politicians". They have made the constitution not only
long, but also extremely complicated.
25. A RIGID YET FLEXIBLE CONSTITUTION Whether a constitution is
rigid or flexible depends on the nature of amendments. Ex of Rigid
constitution ? US Constitution It is very difficult to amend any
part , article of the US constitution Our Constitution : Flexible
Provision of article 368 under which we can amend our constitution
as and when required
26. Some provisions of our Constitution can be amended by the
Parliament with simple majority. The amendment of most other
provisions of the constitution requires a special majority in both
houses of the parliament. There are some other provisions of
constitution which cannot be amended by the parliament alone. These
different amendment procedures make our constitution partly
flexible and rigid.
27. In case of such provision the amending bill : First to be
approved by both houses of parliament by a special majority (with
the support of two-thirds of the members of each house present and
voting). Then it has to be ratified by the legislatures of at least
half of the states of India.
28. In fact, there is a balance between rigidity and
flexibility in our constitution. Some amount of flexibility was
introduced into our constitution in order to encourage its growth.
Nehru feared that if a constitution is too rigid, it will be
stagnant.
29. There are 3 organs for a state: Legislature Executive
Judiciary ORGANS OF A STATE
30. Legislature : Law making Body Ex: Parliament , State
legislature Executive : Law enforcement or implementation Ex: the
government Head of union executive ? The president
31. Judiciary: Main function 1. Educate the laws made by the
legislature, 2. To interpret the laws 3. Declare any such law null
or void if it violates the provisions of the constitution 4. To
render justice in the country
32. Custodian of the constitution Guardian of the constitution
It can term any law as null or void if it is violating any
provision of the constitution Even high courts can do but supreme
court is the custodian of the constitution Supreme court
33. FUNDAMENTAL RIGHTS The Constitution of India guarantees six
fundamental rights (listed in part III) to every citizen. 1. Right
to Equality. 2. Right to Freedom. 3. Right against Exploitation. 4.
Right to Freedom of Religion. 5. Cultural and Educational Rights.
6. Right to Constitutional Remedies.
34. RIGHT TO PROPERTY , AN ORDINARY RIGHT Till 1979 Right to
Property was included in the list of Fundamental Rights. But
through 42nd amendment has been made an ordinary right and for this
purpose Articls- 300 A has been included into the
constitution.
35. Originally there were seven fundamental rights. One of them
was taken away from Part III of the constitution by the
Forty-fourth Amendment Act, 1978. As a result, the Right to
Property is no longer a fundamental right. Since 1978, it has
become a legal right. The idea of fundamental rights has been
borrowed from the American Constitution
36. Any citizen of India can seek the help of High Court or
Supreme Court of India if any of his fundamental rights is
undermined by the government or any institution or any other
government. The fundamental rights, granted to the citizen, cannot
be amended in the normal manner. They can be amended with two-third
majority in each house of the Parliament.
37. DIRECTIVE PRINCIPLES OF STATE POLICY The Constitution
enumerates several Directive Principles of State Policy (listed in
part IV) which are intended to be implemented by the Centre and
State Governments in due course. They are aimed at : the promotion
of the material and moral well-being of the people and to transform
India into a Welfare State.
38. The Directive Principles are not enforceable in a Court of
Law, but they are nevertheless fundamental in the governance of the
country. In general, the Directive Principles aim at building a
Welfare State. These principles provide the criteria with which we
can judge the performance of the government.
39. Some of the Directive Principles are: There should not be
concentration of wealth and means of production to the detriment of
common man. There should be equal pay for equal work for both men
and women. Workers should be paid adequate wage. Weaker sections of
the people, Scheduled Caste and Scheduled Tribe people should be
given special care The state should promote respect for
international law and international peace.
40. FUNDAMENTAL DUTIES Another salient feature of the Indian
Constitution is the incorporation of the Fundamental duties of
citizens. The 42nd amendment of 1976 added Article 51- A to the
Constitution requiring all citizens to fulfill 10 duties Failure to
perform these duties does not carry any penalty, yet the citizens
are expected to follow them.
41. These are: 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. Uphold and protect the sovereignty, unity and
integrity of India. Defend the country and render national service
when called upon to do so.
42. 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. to value and preserve the rich
heritage of our composite culture.
43. 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
44. 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.
45. SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC The
Constitution declares India as a Sovereign, Socialist, Secular,
Democratic, Republic.
46. Sovereign : It means absolutely independent; It is not
under the control of any other state. Before 1947, India was not
sovereign as it was under the British rule. Now it can frame its
policy without any outside interference.
47. Socialist : It implies a system which will endeavor to
avoid concentration of wealth in a few hands and will assure its
equitable distribution. It also implies that India is against
exploitation in all forms and believes in economic justice to all
its citizens.
48. Secular : India is a country of several religions Each
individual has fundamental profess any religion he likes The state
neither force its citizen to accept any specific religion nor
discriminate on the basis of religion
49. Democratic : Means, the power of the government is vested
in the hands of the people. People exercise this power through
their elected representatives who, in turn, are responsible to
them. All the citizens enjoy equal political rights.
50. Republic : Means, the head of the State is not a hereditary
monarch but a President who is indirectly elected by the people for
a definite period.
51. PROVISIONS OF LIBERAL DEMOCRACY The Constitution of India
makes provisions for the establishment of liberal democratic
government in India. Provision of universal adult features has been
made and everybody is given the right to vote without making any
discrimination. Due respect is given to opposition and the leader
of the opposition is given recognition in both the houses of Union
Parliament and States Legislatures.
52. India is declared a Secular state. There is provision of
Individual judiciary. There is Rule of law in India.
53. PARLIAMENTARY DEMOCRACY In India, there is a parliamentary
form of government. The majority party in the Lok Sabha forms
government. The government is run by the Prime Minister and other
members of the Council of Ministers.
54. FEDERAL GOVERNMENT WITH UNITARY BIAS India is a federation,
although the word 'federation' does not find a place in the whole
text, the elements of federation are present in the Indian
Constitution. There is constitutional division of powers between
the centre and the states.
55. The Planning Commission has emerged as a 'super cabinet' or
a 'super state'. The Governor acts as the agent of the center. The
center can reorganize a state, but a state cannot reorganize the
center. In other words, the center is indestructible while the
states are destructible.
56. During emergencies, the powers of the center considerably
grow and the states become weak. India has also been characterized
as 'a federal state with unitary spirit.'
57. BI-CAMERAL LEGISLATURE According to Article 168 for every
state there shall be legislature which shall consist of Governor
and legislative Council and legislative assembly.
58. SINGLE-INTEGRATED JUDICIAL SYSTEM The entire judicial
system of India is organized into an hierarchical order. Supreme
Court is at the top of judicial administration below that there are
high courts at the state level and there are district courts at the
district level. All the courts of India are bound to accept the
decisions of the supreme court.
59. INDEPENDENT JUDICIARY The constitution of India makes
provisions for the independence of judiciary because only
independent judiciary can safeguard the rights and liberties of the
people can protect the supremacy of the constitution
60. An impartial method has been adopted for the appointment of
the judges High qualifications have been fixed for the judges The
judges of the Supreme Court stay in office till 65 years of age and
of High courts till 62 years of age Difficult method has been
adopted for the removal of the judges as they can be removed only
through impeachment by the union parliament There is prohibition of
practice after the retirement of the judges
61. JUDICIAL REVIEW Another significant feature of the Indian
Constitution is the provision for Judicial Review. This means that
the Supreme Court of India is empowered to declare a law passed by
the Indian Parliament as null and void if it is inconsistent with
the Fundamental Rights In the case of the Acts passed by the State
Legislatures, this power is vested with the concerned High
Courts.
62. The Constitution has made the judiciary independent of the
executive. The President of India appoints the judges of the
Supreme Court and High Courts after consulting the Chief Justice of
India. The judges are free from the executive control. Their tenure
is guaranteed and their salaries are fixed by the
Constitution.
63. UNIVERSAL ADULT FRANCHISE Article 326 of the Constitution
of India provides universal adult suffrage. The voting age has now
come down from 21 to 18. Anybody who has completed 18 years of age,
irrespective of his caste, creed, sex or religion, is eligible to
vote in general elections. This is one of the most revolutionary
aspects of Indian democracy.
64. LANGUAGE POLICY India is a country where different
languages are spoken in various parts. Hindi and English have been
made official languages of the central government. A state can
adopt the language spoken by its people in that state also as its
official language.
65. Although India is a multi-lingual state, the constitution
provides that Hindi in Devnagri script will be the national
language. It shall be the duty of the union to promote and spread
Hindi language. At present, we have 22 languages which have been
recognized by the Indian Constitution.
66. JOINT ELECTORAL SYSTEM The principle of Joint Electoral
System was adopted after independence. Under Article- 325 of the
constitution it is said that for every constituency there will be
one general electoral roll which will be one general electoral roll
which will include the names of all the voters belonging to
different classes , religions, sex and races etc., and they will
elect a common representative.
67. SPECIAL PROVISIONS SPECIAL PROVISIONS FOR THE PROTECTION OF
THE INTERESTS OF SCHEDUELED CASTES, SCHEDULED TRIBES, BACKWARD
CLASSES AND MINORITIES Everybody is given the Right to Equality
Untouchability has been prohibited Under Article 29 and 30 special
provisions for the made for the interests and protection of
minorities.
68. NATIONAL COMISSION FOR SCHEDULED CASTES The 68th
Constitutional amendment made in 1990, it was provided for the
appointment of the National Commission for the scheduled castes for
the protection of their interests. In 2002, the government
constituted two separate commissions for scheduled castes and
scheduled tribes.
69. CONSTITUTIONAL RECOGNITION TO LOCAL SELF-GOVERNMENT
INSTITUTIONS Under 73rd and 74th constitutional amendments passed
in April ,1993. Constitutional recognition was granted to the
panchayati Raj Institutions in the villages and the urban local
bodies in the cities and for this purpose part 9 and part 9A and
11th and 12th schedules were added to the constitution.
70. SINGLE CITIZENSHIP There is provision of single citizenship
in India. A person may be living in any state, but he is the
citizen of India alone. The principle of double citizenship
promotes regionalism and provincialism whereas the principle of
single citizenship promotes national unity, therefore the principle
of single citizenship is adopted in India.
71. RULE OF LAW The Rule of Law means that the law is supreme
over person and everybody is equally responsible before law
howsoever he/she may be. Also the man is punished on the violation
of law and no arbitrary punishment can be given to him
72. What is the difference between Human Rights and Fundamental
Rights? Fundamental rights are similar to human rights but are
different in the sense that they have legal sanction and are
enforceable in a court of law whereas human rights do not have such
sanctity and are not enforceable in courts.
73. Then there is difference of universal appeal because
fundamental rights are country specific that have been made keeping
in mind the history and culture of a country Whereas human rights
are designed in such a way that they are of even more basic nature
and apply to all human beings across the world without any
discrimination.
74. The right to a dignified human life is one such human right
which cannot be questioned whether you are in US or in a poor
African country. Example :
75. FuNdAmEnTal RiGHts
76. Significance/ Characteristic:- Fundamental Rights for
Indians are aimed at overturning the inequities of past social
practices. Guarantee that all Indian citizens can and will lead
their life's in peace as long as they live in Indian democracy.
77Seema Narendran, Ramnarain Ruia College
77. Essential for development. Democracy gave rise to various
freedoms in the form of Fundamental Rights. Helps prevention of
gross violation of Human Rights.
78. Fundamental Rights Right to constitutional remedies
(Article 32-35) Cultural and Educational rights (Article 29-31)
Right to freedom of religion (Article 25-28) Right against
exploitation (Article 23,24) Right to freedom (Article 19-22) Right
to equality (Article 14-18) 79Seema Narendran, Ramnarain Ruia
College