indian constitution

1. PRESENTATION ON
INDIAN CONSTITUTIONAL LAW
By
DIVYA KURIAN
JOHN M BABY
ROSHIN VARGHESE
VIPIN RAJ
VIJAY RAM

2. SALIENT FEATURES OF INDIAN
CONSTITUTION

3. The Preamble
 The Constitution of India commences with a
Preamble.
 is like an introduction or preface of a book.
 it explains the purposes and objectives with which
the document has been written.
 ‘Preamble’ provides the guide lines of the
Constitution

5.  The objectives, which are laid down in the
Preamble, are:
 i) Description of Indian State as Sovereign,
Socialist, Secular, Democratic Republic.(Socialist,
Secular added by 42nd Amendment, 1976).
 ii) Provision to all the citizens of India i.e.,
 a) Justice social, economic and political
 b) Liberty of thought, expression, belief, faith and
worship
 c) Equality of status and opportunity
 d) Fraternity assuring dignity of the individual
and unity and integrity of the nation

6. Sovereignty
 means absolute independence, i.e., a government
which is not controlled by any other power :
internal or external.
 A country cannot have its own constitution
without being sovereign.

7. Socialist
 Incorporated in the preamble in 1976,by 42nd
amendment to the constitution.
 It also means commitment to attain ideals like
 removal of inequalities,
 provision of minimum basic necessities to all,
 equal pay for equal work.

8. Secularism
 has two implications,
 a) every individual is free to believe in, and
practice, any religion he/she belongs to, and,
 b) State will not discriminate against any
individual or group on the basis of religion.

9. Democratic Republic
 The democratic principles are highlighted with the
provisions of universal adult franchise, elections,
fundamental rights, and responsible government
 Republic means that the head of the State is the
President who is indirectly elected and he is not a
hereditary ruler.

10. Justice
 Justice promises to give people what they are
entitled to in terms of basic rights to food, clothing,
housing, participation in the decision-making and
living with dignity as human beings.

11. Liberty
 liberty of thought and expression
 These freedoms have been guaranteed in the
Constitution through the Fundamental Rights.

12. Equality
 All citizens of India should be treated equally and
extended equal protection of law without any
discrimination based on caste, creed, birth,
religion, sex etc.
 equality of opportunities

13. fraternity
 ‘fraternity among people’ highlight need for
harmonious co-existence among various religions,
linguistic, cultural and economic groups

14. Salient Features of The Constitution
 A Written Constitution
 was framed over a period of 2 years, 11 months and
18 days, it was adopted on 26th November, 1949
and enforced on January 26, 1950.
 a written constitution is ‘mainly’ an enacted
document, there could be bodies or institutions
(Planning Commission )which may not be included
in the constitution but form an important part of
governance.

15. lengthiest constitution
 has 395 Articles and 8 Schedules

16. A Combination of Rigidity and Flexibility
 rigid or flexible on the basis of its amending
procedure
 The Constitution of India provides for three
categories of amendments.
 In the first category, amendment can be done by
the two houses of Parliament simple majority of
the members present and voting of before sending
it for the President’s assent.

17.  In the second category amendments require a
special majority. Such an amendment can be
passed by each House of Parliament by a majority
of the total members of that House as well as by
the 2/3rd majority of the members present and
voting in each house of Parliament and send to the
President for his assent which cannot be denied.
 In the third category besides the special majority
mentioned in the second category, the same has to
be approved also by at least 50% of the State
legislatures.

18. Federal Policy
 India has adopted a federal structure.
 In a federation there are two distinct levels of
governments.
 There is one government for the whole country
which is called the Union or Central Government.
 Also there is government for each Unit/State.

19.  distribution of powers between the Union/Central
Government and the State Governments
 There are three lists of powers such as Union List,
State List and the Concurrent List.
 India has a quasi-federal set up

20. Parliamentary Democracy
 parliamentary form of democracy has been adopted
from the British system.
 there is a close relationship between the legislature and
the executive.
 The Cabinet is selected from among the members of
legislature. The cabinet is responsible to the latter. In
fact the Cabinet holds office so long as it enjoys the
confidence of the legislature.
 In this form of democracy, the Head of the State is
nominal.
 In India, the President is the Head of the State.
Constitutionally the President enjoys numerous powers
but in practice the Council of Ministers headed by the
Prime Minister, which really exercises these powers.

21. The state executive
 Head of the state called governor
 Chief of the state government called chief minister
 Governmental activites divided mainly on
functional basis ,grouped together as distinct
departments each of which placed under a minister

22. Powers & functions of the governor
 Executive power of the state is vested with the
governor
 Governor is also empowered to grant pardons.
 Governor is integral part of state legislature.
 Governor has special legislative power of
promulgating ordinances

23. The state legislature
 The legislative assembly
 The legislative council
 Conduct of business

24. PARLIMENTARY DEMOCRACY
• In India, there is a parliamentary form of gov.t,
• The majority party in the Lower House (Lok Sabha) forms
government.
• The Council Ministers is responsible to the Lok Sabha. The
Cabinet is the real executive head.
• The President is only the nominal head.

25. • In India, the post of President is elective our
founding fathers adopted the parliamentary model
for two reasons.
• Firstly, they believed that a parliamentary form of
government would be more responsible democratic
than the presidential form of government.
• Secondly, they were, to so extent, familiar with the
parliamentary form of government during the
British rule particularly after the implementation of
the Government of India Act, 1935

26. • CABINET GOVERNMENT
• THE UNION EXECUTIVE
• OFFICE OF PRESIDENT
• ELECTION OF PRESIDENT
• POWER OF PRESIDENT
 EXECUTIVE POWER
 LEGIALATIVE POWERS
 EMERGENCY POWER
• THE STATE EXECUTIVE
• POWER AND FUNCTIONS OF GOVERNMENT
• THE STATE LEGISLATURE
• THE LEGISLATIVE ASSEMBLY
• THE LEGISLATIVE COUNCIL
• COUNDUCT OF BUSINESS
• INDIAN JUDICIARY

27. CABINET GOV.T
•Composed of prime minister and his senior
colleagues
•Under cabinet system ,Head of the state occupies
a position of great Dignity practically authority
vested to him is exercised by the Cabinet
•Colleagues is appointed on his recommendation
•Executive are always Watched

28. UNION EXECUTIVE
•OFFICE OF PRESIDENT
•ELECTION OF PRESIDENT
•POWERS OF PRESIDENT
•Executive Power
•Legislative power
•Emergency Power

29. SINGLE CITIZENSHIP:
• An Indian is a citizen of India only.
• He is not a citizen of any Indian state.
• Single citizenship is meant to s
national unity and national integration

30. WELFARE STATE:
• Our constitution aims at building a Welfare State.
• It provides for development of weaker and depressed
sections of the society
• . It underlines the need of improving the conditions of
women, Scheduled Castes and Scheduled Tribes who
have remained neglected for long.
Our constitution is opposed to concentration of wealth and
means of production. Workers should be involved in
management and they should get fair wages. Children
should not be exposed to hazards. All these provisions
are expected to help in building a Welfare State.

32. DEMOCRATIC SYSTEM:
• Our constitution lays a lot of emphasis on democratic values, and a
number of democratic institutions have been established to give
shape to these values.
• The centre, states and local self-governing bodies follow
democratic principles, and all elections from gram panchayat to
parliament are democratically held.

33. • All persons of 18 years age and more, irrespective of
their caste, religion and gender, are eligible to vote in
elections
• the constitution has provided for reservations in
elections for Dalit's and tribal's.
• No democracy can survive if citizens are not allowed
fundamental rights.
• The Indian constitution has granted a number of
valuable fundamental rights to the citizens.

34. EMERGENCY PROVISIONS
• Emergency is a unique feature of Indian Constitution
that allows the center to assume wide powers so as
to handle special situations.
• In emergency, the center can take full legislative and
executive control of any state
• It also allows the center to curtail or suspend
freedom of the citizens.
• Existence of emergency is a big reason why
academicians are hesitant to call Indian constitution
as fully federal.

35. • Emergency can be of three types
•WAR EMERGENCY
• CONSTITUTIONAL EMERGENCY
• FINANCIAL EMERGENCY

36. • When Emergency is proclaimed, federal
provision of constitution cease to function,
results in the two fold expansion of authority
of union
• Prohibits the distribution of revenues to
states under Financial provision
• Proclaimed
• Chinese aggression 1962
• Indo-pakisthan war 1971
• Internal emergency 1975

37. WAR EMERGENCY
• President proclaim war emergency, when the
security in India or any part threaten by War,
external Aggression or armed rebellion
• Needs the recommendation by the Union
Ministers of Cabinet rank or the prime Minister.
• If proclamation not revoked ,it is to be laid
before both houses of parliament.

38. CONSTITUTIONAL EMERGENCY
• Proclaim the emergency , on receiving a report from the
Governor when government of state cannot carry out in
accordance with the provision of the constitution
• Results:
• President assume to himself all or any provision of the
state or may vest all or any of function in Governor
• Declare power of state legislative exercisable by the
parliament
• May take any of incidental or consequential provision to
give effect to the object of proclamation
• Needs the approval from both houses of the parliament.
• Suspension of fundamental rights

39. FINANCIAL EMERGENCY
• if the president is satisfied that a situation
has arisen whereby the financial security
of India or the credit of India or of any part
of India is threatened, he may make a
declaration to that effect.
• Needs the approval by the parliament
• Executive Authority give directions to the
state canons of Financial Property
• Results in the reduction in the salary and
allowances

40. FUNDAMENTAL RIGHTS IN INDIA

41. • Equality before law and equal
protection of law.
• Prohibition of discrimination on grounds
only of religion, race, caste, sex or
place of birth.
• Equality of opportunity in matters of
public employment.
• End of untouchability.
• Abolition of titles, Military and academic
distinctions are, however, exempted
Right to
Equality

42. • Freedom of Speech and Expression.
• Freedom of Assembly.
• Freedom of form Associations.
• Freedom of Movement.
• Freedom of Residence and
Settlement.
• Freedom of Profession, Occupation,
Trade and Bussiness
Right to
Freedom

43. Right Against Exploitation
• Traffic in human beings prohibited
• No child below the age of 14 can be employed
Right to freedom of Religion
• Freedom of conscience and free profession,
practice and propagation of religion
• Freedom to manage religious affairs

44. Cultural and Educational Rights
• Protection of interests of minorities
• Right of minorities to establish and administer educational
institutions
Right to Constitutional Remedies
The right to move the Supreme Court in case of their
violation.
Habeas Corpus :- Equality before law and equal protection
of law.

45. FUNDAMENTAL DUTIES OF INDIAN CITIZENS
• To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
• To defend the country and render national service when called
upon to do so
•
To uphold and protect the sovereignty, unity and integrity of
India
• To develop the scientific temper, humanism and the spirit of
inquiry and reform
• To cherish and follow the noble ideals which inspired our
national struggle for freedom

46. • 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 strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement
• To safeguard public property and to abjure violence
• To protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures

47. DIRECTIVE PRINCIPLES OF
STATE
POLICY
.

48. .
The Constitution of India is the supreme law of India.
It came into existence on January 26, 1950.
It is the lenghtiest written constitution of any sovereign country
in the world, containing 444 articles, 12 schedules,22 parts and
94 amendments.
Part IV (Article 36-51) deals with various Directive Principles of State Policy.

49. HISTORY
•The concept of Directive Principles of State Policy was borrowed from
the Irish Constitution.
•The makers of the Constitution of India were influenced by the Irish
nationalist movement.
•The principles have been inspired by the Directive Principles given in
the Constitution of Ireland and also by the principles of Gandhism;
and relate to social justice, economic welfare, foreign policy, and legal
and administrative matters.

51. CHARACTERISTICS
DPSPs aim to-
create social and economic conditions under which the
citizens can lead a good life.
establish social and economic democracy through a
welfare state.
They act as a, yardstick in the hands of the people to
measure the performance of the government.
The Directive Principles are non-justiciable rights of the
people.
The Directive Principles, though not justiciable, are
fundamental in the governance of the country.

52. DIRECTIVEs….
Article 36:-
Definition of state:
q “The State’’ includes the Government and Parliament of India
and the Government and the Legislature of each of the States
and all local or other authorities within the territory of India or
under the control of the Government of India.
Article 37:-
q Application of the principles.

53. Definition
The Directive Principles of State Policy are
guidelines to the central and state governments
of India, to be kept in mind while framing laws
and policies. These provisions, contained in Part
IV of the Constitution of India, 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.

54. Contd…
Article 38:-
•State to secure a social order for the promotion of
welfare of the people.
Article 39:-
•Certain principles of policy to be followed by the
State.
-equal rights to men and women.
-ownership of resources.
-equal pay for equal work.
-protection of children………..

55. Contd…
Article 39 A:-
•Equal justice and free legal aid.
- to citizens having economic or other disabilities.
Article 40:-
•Organisation of village panchayats.
Article 41:
• Right-to work, to education and to
public assistance in certain cases.

56. Contd…
Article 42:-
•Provision for just and humane conditions of work
and maternity relief .
Article 43:-
•Living wage, good working conditions etc. , for
workers .
Article 43 A:-
•Participation of workers in management of
industries.

57. Contd…
Article 44:-
•Uniform civil code for the citizens.
Article 45:-
•Provision for free and compulsory education for
children.
Article 46:-
•Promotion of educational and economic interests of
Scheduled castes , Scheduled Tribes and other
weaker sections.

58. Contd…
Article 47:-
•Duty of the State to raise the level of nutrition and
the standard of living and to improve public health.
Article 48:-
•Organisation of agriculture and animal husbandry.
Article 48 A:-
•Protection and improvement of environment and
safeguarding of forests and wildlife.

59. Contd…
Article 49:-
•Protect ion of monuments and places and objects of
national importance.
Article 50:-
•Separation of judiciary from executive.
Article 51:-
•Promotion of international peace and security.
-just and honorable relations.
-encourage settlement of international disputes
by arbitration.

60. Implementation of DPSPs through…
Land Reform Acts.
Banking policy.
Fixation minimum wages for employees engaged
in various employments.
Welfare schemes for the weaker sections.
Nuclear disarmament.

61. Contd...
Panchayati Raj.
The Equal Remuneration Act of 1976.
Consumer Protection Act of 1986.
The 86th constitutional amendment of 2002
inserted a new article, Article 21-A.

62. Amendments to DPSPs. (an amendment requires the
approval of two-thirds of the members present and voting.)
Major amendments
Article 31-C, inserted into the Directive Principles
of State Policy by the 25th Amendment Act of 1971
seeks to upgrade the DPSPs.
Article 48-A, which ensures Protection and
improvement of environment and safeguarding of
forests and wild life, was added by the 42nd
Amendment Act, 1976.

63. Contd…
Article 45, which ensures Provision for free and
compulsory education for children, was added by
the 86th Amendment Act, 2002.

64. Conclusion
DPSPs are-
• non-justiciable rights of the people.
• guidelines to the central and state govts of India.
• not enforceable by any court.
• considered fundamental in the governance of
the country.
It is the duty of the State to apply these principles
in making laws to establish a just society in the
country.

65. Contd…
In fact, it is the duty of the State to be kept in mind
of DPSPs, while framing laws and policies to
establish a just society in the country.

66. JUDICIARY SYSTEM IN INDIA
Chief justice of India
Supreme court, Delhi High court, Mumbai
Lawyers
District Court
Accused send in jail

67. JUDICIARY OF INDIA
• The Judiciary of India is an independent body and is separate from the Executive and
Legislative bodies of the Indian Government. The judicial system of India is stratified into
various levels. At the apex is the Supreme Court, which is followed by High Courts at the
state level, District Courts at the district level and Lok Adalats at the Village and
Panchayat Level. The judiciary of India takes care of maintenance of law and order in the
country along with solving problems related to civil and criminal offences. The judiciary
system that is followed in India is based on the British Legal System that was prevalent in
the country during pre-independence era. Very few amendments have been made in the
judicial system of the country.
• India has a quasi-federal structure with 29 States further sub-divided into about 601
administrative Districts. The Judicial system however has a unified structure. The
Supreme Court, the High Courts and the lower Courts constitute a single
Judiciary. Broadly there is a three - tier division. Each District has a District Court and
each State a High Court. The Supreme Court of India is the Apex Court. Each State has
its own laws constituting Courts subordinate to the District Courts. Besides, a number of
judicial Tribunals have been set up in specialized areas. The significant Tribunals
are: Company Law Board; Monopolistic and Restrictive Trade Practices Commission;
Securities Appellate Tribunal; Consumer Protection Forum; Board for Industrial and
Financial Reconstruction; Customs and Excise Control Tribunal; Tax Tribunal;
etc. These Tribunals function under the supervisory jurisdiction of the High Court where
they may be situated.

68. TYPES OF COURTS IN INDIA
 There are 3 types of courts in India:-
Judiciary
Supreme
court
High
court
District
courts

69. THE SUPREME COURT
• The Indian Judicial System has the Supreme Court of India at its helm,
which at present is located only in the capital city of Delhi, without any
benches in any part of the nation, and is presided by the Chief Justice of
India.
• The Supreme Court of India has many Benches for the litigation, and this
apex court is not only the final court of permissible Appeal, but also
deals with interstate matters, and matters comprising of more than one
state, and the matters between the Union Government and any one or
more states, as the matters on its original side. The President of India can
always seek consultation and guidance including the opinion of the apex
court and its judges. This court also has powers to punish anybody for its
own contempt.
• The largest bench of the Supreme Court of India is called the
Constitution Bench and comprises of 5 or 7 judges, depending on the
importance attached of the matters before it, as well as the work load of
the court.
• The recent chief justice of India is K. G. Balakrishnan.

70. THE HIGH COURT
• Every State has a High Court, which works under the direct guidance and supervision
of the Supreme Court of India, and is the uppermost court in that state, and generally
the last court of regular appeals. Though generally the High Courts are only the
courts of Appeal, however in the three presidency towns (As the British had then
termed) of Mumbai [Bombay], Chennai [Madras] and Kolkata [Calcutta], the High
Courts also have powers of the original Side beyond a certain financial limit.
• The High Courts are also termed as the courts of equity, and can be approached in
writs not only for violation of fundamental rights under the provisions of Article 32
of the Indian constitution, but also for any other rights under Article 226 of the
Constitution, and under its powers to supervise over all its subordinate courts falling
within the physical jurisdiction of the same under Article 227 of the Constitution. In
fact, when apparently there is no effective remedy available to a person in equity, it
can always move the High Court in an appropriate writ.
• High Courts frame their own rules, and arrange to implement them but under certain
provisions of Law, the High Courts have the ordinary original civil jurisdiction.
• Many times the High Courts have concurrent jurisdiction along with its subordinate
courts, for effective remedy at the earliest. All the High Courts have different
division benches in different parts of the respective states for speedier cheaper and
effective dispensing of justice.

71. DISTRICT COURTS
• The highest court in each district is that of the District and Sessions Judge. This is the principal
court of original civil jurisdiction besides High Court of the State and which derives its
jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a
court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal
procedure. The district court is presided over by one District Judge appointed by the state
Government. In addition to the district judge there may be number of Additional District Judges
and Assistant District Judges depending on the workload.
• However, the district judge has supervisory control over Additional and Assistant District Judges,
including decisions on allocation of work among them. The District and Sessions judge is often
referred to as "district judge" when he presides over civil matters and "sessions judge" when he
presides over criminal matters.
• The district judge is also called "Metropolitan session judge" when he is presiding over a district
court in a city which is designated "Metropolitan area" by the state Government. Other courts
subordinated to district court in the Metropolitan area are also referred to with "metropolitan"
prefixed to the usual designation. An area is designated a metropolitan area by the concerned
state Government if population of the area exceeds one million.
• Appointment of district judge and other Additional and Assistant district judges is done by the
state Government in consultation with the High court of the state. A minimum of seven years of
practise as a lawyer at bar is a necessary qualification. District judges are also appointed by way
of elevation of judges from courts subordinate to district courts provided they fulfill the
minimum years of service.

72. UNIVERSAL ADULT SUFFRAGE
• 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 is eligible to vote
in general elections. This is one of the most revolutionary aspects of Indian democracy.

73. Role of Conventions:
 Though India has a very detailed
constitution, there is some scope for
conventions to influence its functioning.
 On some vital issues constitution is silent
and one has to depend upon well-established
parliament conventions on
such occasions.

74. For example, the appointment of
Prime Minister by the President.
Article 75(1) of the Indian
Constitution gives the President the
right to appoint the Prime Minister.
In normal circumstances it is the
leader of the majority in the house of
the people. But, in circumstances
where the Prime Minister dies in
office or resigns, the President will
have to exercise his personal
judgement.

75. Federal Government with Unitary
Bias:
 India is a federation, although word 'federation'
does not find a place in the whole text of the
Indian Constitution.
 The elements of federation are present in the
Indian Constitution. It is a written and rigid
constitution.
 There is also an independent judiciary.
The Supreme Court arbitrates the disputes
between the centre and the states.
 All these provisions make India a federation.

76. • But in Indian Federation, the centre is
strong as compared to the states.
• The centre has more financial powers
and the states largely depend upon it
for their economic development.
• The Planning Commission has
emerged as a 'super cabinet' or a 'super
state'.
• The Governor acts as the agent of the
centre.

77. Secularism:
 India is a secular state.
 Although the 42nd Amendment Act,
inserted the word 'secular' in the
Preamble to the constitution, India has
been secularism since independence.
 India is a country of several religions
and each individual has fundamental
profess any religion he likes.

78.  In India, there is no State
Religion.
 It does not patronize any religion
nor discriminate against any
religion