Constitution ppt

1.  INDIAN CONSTITUTION

2. Points of Discussion
 Brief Overview
 Relation between the Union and the States
 Finance, Property, Contracts and Suits
 Trade, Commerce & Intercourse within the territory
of India

3. Brief Overview
 The Constitution of India which was adopted by the
Constituent Assembly on 26th November, 1949 and
came into force on 26th January, 1950.
 It consists of a Preamble, about 395 Articles
(divided into 22 Parts) and 12 Schedules.
 Some of provisions of the Constitution have been
drawn from the constitutions of Canada, Australia,
Germany, USSR (now Russia), France, South
Africa, Japan, and so on

4.  Federal System with Unitary Bias.
 Parliamentary Form of Government.
 Three-tier Government

5.  Fundamental Rights
(a) Right to Equality (Articles 14–18),
(b) Right to Freedom (Articles 19–22),
(c) Right against Exploitation (Articles 23–24)
(d) Right to Freedom of Religion (Articles25–28)
(e) Cultural and Educational Rights (Articles 29–30)
(f) Right to Constitutional Remedies (Article 32)

6.  Directive Principles of State Policy
The directive principles are meant for promoting the
ideal of social and economic democracy. They seek to
establish a ‘welfare state’ in India.

7.  Fundamental Duties
Eleven Fundamental Duties viz., to respect the
Constitution, national flag and national anthem; to
protect the sovereignty, unity and integrity of the
country; to promote the spirit of common brotherhood
amongst all the people; to preserve the rich heritage of
our composite culture.

8. Union Executive
 President
 Vice President
 Council Of Ministers headed by PM
 Attorney General of India

9. Parliament
Lok Sabha
Rajya Sabha
President

10. Money Bills
(a) the imposition, abolition, remission, alteration or
regulation of any tax;
(b) the regulation of the borrowing of money or the
giving of any guarantee by the Government of India, or
the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the
Government of India;

11.  (c) the custody of the Consolidated Fund or the
Contingency Fund of India, the payment of moneys
into or the withdrawal of moneys from any such
Fund;
 (d) the appropriation of moneys out of the
Consolidated Fund of India;
 (e) the declaring of any expenditure to be
expenditure charged on the Consolidated Fund of
India or the increasing of the amount of any such
expenditure;

12. Annual financial statement
 Statement of the estimated receipts (Finance Bill)
and expenditure (Appropriation Bill) of the
Government of India for that year.

13. Relation between the Union
and the States

14. Legislative relation (Art. 245-
Art. 255)
Administrative relation (Art.
256- Art. 263)

15. Legislative Relations
Distribution of legislative powers described in the VII
Schedule of Indian Constitution as follows:
a. Union list
b. State list
c. Concurrent list

16. (a) Union List –
Only Union Parliament is empowered to make laws on the subjects
given in the Union List.
Defense,
Foreign Relations,
Post,
International War and Peace,
International Trade,
Commerce,
Citizenship,
Coinage,
Railway,
Reserve Bank,
International Debt,
Atomic Energy, etc.

17. (b) State List –
Only State Legislature is empowered to make laws on
the subjects given in the State List.
Roads,
Agriculture,
Irrigation,
Prisons,
Local Administration,
Distribution of Water,
Police, etc..
Exception : In the case of Emergency, Union Parliament
automatically grabs the power of legislation on the
subjects given in the State List (Art 250)

18. (c) Concurrent List –
Both, Union Parliament as well as State Legislatures, have
the power of legislation on subjects given in the Concurrent
List.
Public Health,
Education,
Marriage,
Divorce,
News Papers,
Trade Unions,
Books,
Eatable Items, etc..
In case of disagreement, the legislation passed by Union
Parliament shall prevail over the law passed by State
Legislatures.
Residuary Powers : Article 248, Union Parliament shall
make laws over the subjects not included in the above-given
lists.

19. 246A. Special provision with
respect to goods and services
tax
 Parliament and the Legislature of every State, have
power to make laws with respect to goods and
services tax imposed by the Union or by such
State.
 Parliament has exclusive power to make laws with
respect to goods and services tax where the supply
of goods, or of services, or both takes place in the
course of inter-State trade or commerce.

20. Union Parliament’s Power to Legislate
on the Subjects given in the State List
 On the basis of the resolution passed by the Council of
State - Article 249, 2/3 majority, Issues of National Interest
 On the request of two or more state legislatures – Article
252, Law passed by Union Parliament shall be applicable
only to the states which demanded such legislation.
 For the enforcement of International Treaties and
Agreements – Article 253.

21. Inconsistency between laws made by
Parliament and laws made by the
Legislatures of States (Art 254)
 In case of conflict law passed by Parliament prevails (Where
Parliament can empowered to make law like in Concurrent list)
 Exception when State bill reserved for the consideration of the
President and has received his assent.

22. Obligation of States and the
Union(Art 256)
 The executive power of every State shall be so
exercised as to ensure compliance with the laws
made by Parliament and any existing laws which
apply in that State.
 the executive power of the Union shall extend to
the giving of such directions to a State as may
appear to the Government of India to be necessary
for that purpose.

23. Control of the Union over States
in certain cases (Art 257)
 Giving of directions to a State as to the construction
and maintenance of means of communication
declared in the direction to be of national or military
importance.
 Giving of directions to a State as to the measures to
be taken for the protection of the railways within the
State.

24. Power of the Union to confer
powers, etc., on States (Art
258)
 The President may, with the consent of the
Government of a State, entrust to that Government
functions in relation to any matter to which the
executive power of the Union extends.
 Governor of a State may, with the consent of the
Government of India, entrust functions in relation to
any matter to which the executive power of the
State extends.

25. Public acts, records and
judicial proceedings
 Full faith and credit shall be given throughout the
territory of India to public acts, records and judicial
proceedings of the Union and of every State.
(Manner determined by Law of Parliament)

26. Disputes relating to Waters
 Parliament may by law provide for the adjudication
of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any
inter-State river or river valley.
 Example  River tribunals (Mahanadi River
tribunal, Kaveri River tribunal etc)

27. Inter-State Council
 Established by President.
 Inquiring into and advising upon disputes between
States.
 Investigating and discussing subjects in which
some or all of the States, or the Union and one or
more of the States, have a common interest.

28. Critical Evaluation of Centre -
State Relations
Factors responsible for tension between centre and the
states
 Partial role of Governors
 Role of Bureaucracy
 Misuse of Article 356
 Constitutional Amendments to make the centre strong
 Financial problems of the state

29.  Arbitrary use of the Central Reserve Police
 Provision to reserve Laws passed by the state legislature
for the approval of the President
 Centralized planning
 Disputes among different states

30. Need to Re-evaluate Centre – State
Relations
 More powers to the state
 Residuary powers to the state
 Reform in the office of Governor
 Not to hold the Bills passed by the State Legislatures etc.

31.  Equal representation of states in council of states (Rajya
Sabha)
 Financial Autonomy to States
 Reforms in all India services
 Participation of states in planning

32. Recommendations of Sarkaria
Commission
 Advocacy of strong centre
 Establishment of Inter – State Council
 National Development Council
 Zonal Councils
 Careful use of President’s rule in states