Constitution of india[1]

THE
CONSTITUTION OF
INDIA

WHAT IS CONSTITUTION
 A constitution is a set of fundamental principles or
established precedents according to which a state or
other organization is governed.
 These principles together constitute the entity.
 A single collection or set of legal documents in a written
format is known as a Written Constitution
 It is concerned with different levels of organizations –
from sovereign states to companies and unincorporated
associations
 It defines the principles upon which the state is based,
the procedure in which laws are made and by whom
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CONSTITUTION OF
INDIA
 It is the longest written constitution of any sovereign
country of the world
 Dr. B. R. Ambedkar was the Architect of Indian
Constitution
 It is the Supreme Law of India
 It lays down the framework, defines fundamental,
political principles, establishes the structure,
procedures, powers, and duties of government
institutions, and sets out fundamental
rights, fundamental duties, directive principles for the
citizens.
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FEATURES/CHARACTERISTI
CS OF CONSTITUTION
 The Constitution of India currently consists of a preamble,
450 articles in 25 parts, 12 schedules, 2 appendices and 97
amendments till date (latest being related to co-operative
societies in 2012).
 It has a strong unitary base despite being federal in nature
 It is a Sovereign Socialist Secular Democratic Republic with
a parliamentary system of government.
 The Republic form of the Constitution of India was adopted
by the Constituent Assembly on 26th November 1949 and
came into force on 26th January 1950.

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CS OF CONSTITUTION
 The basic form of the Union Government envisaged in the
Constitution is:

 Federal Structure

 Parliamentary Democracy

 Independent Judiciary

 Federal structure consists of the Union list, the State list,
and the Concurrent list, defining the legislative powers of
each level of government
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CS OF CONSTITUTION
 Parliamentary Democracy consists of:
 The President as the Head of the State
 Prime Minister and Council of Ministers (elected by the people)
 Members of Parliament (Lok Sabha and Rajya Sabha),
 Legislative Assembly (Chief Minister and State Council of
Ministers)

 Independent Judiciary:
 It is free of control from either the Executive or the
Parliament.

 It acts as an interpreter of the constitution, and as an
intermediary in case of disputes between two States, or
between a State and the Union
6  Reviews Laws and Acts passed by the Parliament 10/26/12

FUNDAMENTAL RIGHTS

 It is a charter of rights laid down in the Indian Constitution

 It guarantees civil liberties to the citizens to live in peace and
harmony
 Violation of these rights result in punishments as prescribed in
the Indian Penal Code, subject to discretion of the Judiciary.
 These are the basic human freedom / rights given to the citizens

 It applies to all citizens of India, irrespective of their race, place of

birth, religion, caste, creed, colour and / or gender.
 These rights have been formulated based on the England’s Bill of

Rights, the United States Bill of Rights and Frances’s Declaration of
7
the Rights of Man. 10/26/12

FUNDAMENTAL RIGHTS

Seven Fundamental Rights are contained in the Constitution of
India:
 Right to equality

Right to freedom

Right against exploitation

Right to freedom of religion

Cultural and Educational rights

Right to constitutional remedies

8 Right to education
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FUNDAMENTAL DUTIES

 The Fundamental Duties are defined as the moral obligations

of all citizens
 These are provided to help promote a spirit of patriotism and

to uphold the unity of India.
 These duties, set out in Part IV–A of the Constitution, concern

individuals and the nation.
 These duties are not legally enforceable.

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FUNDAMENTAL DUTIES

 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.
 To uphold and protect the sovereignty, unity and integrity of
India.
 To defend the country and render national service when
called upon to do so.
 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
10 practices derogatory to the dignity of women.
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FUNDAMENTAL DUTIES

 To value and preserve the rich heritage of our composite
culture.
 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.
 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.
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DIRECTIVE PRINCIPLES OF
STATE POLICY
 These are guidelines to the central and state governments of
India, to be kept in mind while framing laws and policies.
 These provisions are contained in Part IV of the Constitution of
India.
 These 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.
These are inspired from the Directive Principles of Constitution
of Ireland
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ORGANS OF DEMOCRACY

 The democracy in Indian Constitution has three organs:

 The Legislature

 The Executive

 The Judiciary

 The Legislature makes the Laws

 The Executive implements them

 The Judiciary interprets laws and decides disputes



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ORGANS OF DEMOCRACY – THE
LEGISLATURE

 The Legislature is most commonly known as the Parliament

 It is of two types: Unicameral and Bicameral

 Indian Parliament is Bicameral in nature: consists of Upper

House (Rajya Sabha) and Lower House (Lok Sabha)
 States of India has both types of Legislature – Unicameral and

Bicameral
 The most important function of the Legislature is framing laws.

 Other functions include electing of head of state (President),

Prime Minister and Council of Ministers, choose office bearers,
14 influence & controls govt. behaviours.
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EXECUTIVE
 It is the implementing arm of the government.

 The  Executive consists of  two  types  of officials:

 The Political Executive: i.e. President, Prime Minister,

Cabinet or Council  of  Ministers
 The Permanent Executive or the Bureaucracy which

remains  in  office for  a fixed period of tenure
 It formulates and implements various policies, execute decisions

of the Judiciary.
It runs the administration of the country, maintains peace, law

and order, maintaining diplomatic functions, foreign relations,
15
head of military functions, financial & economic functions etc.
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JUDICIARY
 It is known as the rule-adjudication department of the
government and is concerned with the job of doing justice
It is partly a continual of British Legal System.

 The Judiciary consists of different types of Courts (based on tier

& jurisdiction) and Judges appointed by the Head of the State or
by a selection process or elected by other judges in each tier of
court.
It is independent of Legislature and Executive

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JUDICIARY
Its most important function is the administration of justice

 It interprets law and awards punishments for the violation of

laws.
The primary objective of protecting the rights of the individual is

done by the judiciary
 It decides what a law is and how it should prevail

It stabilizes and supports the existing political system

 It has the power of judicial review of any legislation

 It acts as the guardian of the constitution

 It performs advisory duties
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ROLE OF GOVT. IN BUSINESS

 The government plays a significant role in regulating business
 The role of the government in business is as follows:
 Enacting and Enforcing Laws for the smooth functioning of economic
system
 Maintenance of law and order in business activities
 Regulates economic activities – directly or indirectly
 Promotes economic development by providing infrastructure, power
& energy, transport, communication facilities, social overhead capital
etc.
 Participatory or Entrepreneurial role by setting up public sector and /
or private sector companies, promoting social welfare etc.
 Planning role by through the Planning Commission of India and its five
year plans ensuring optimum utilization of resources.
18  Presently, Government has changed it role in business by reducing
regulatory and participative roles and increasing promotional roles.
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JUDICIAL PROCESS IN THE
ADMINISTRATION OF JUSTICE
 Judiciary is the main source of judicial process and plays an
important part in the administration of justice
 Judiciary has set up a hierarchical system of courts in India,
namely, the Supreme Court of India (Apex court), High Courts
and the Divisional/ District / Tribunal Courts (Lower Courts)
 The Supreme Court and all High Courts of the states are
Constitutional Courts
 The Supreme Court and High Courts have the power to
interpret and decide the Constitutional matters and make laws
in the administration of justice
 The administration of justice by the High Courts is precedent
for lower courts and laws made by High courts is binding on
19 lower courts of jurisdiction
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JUDICIAL PROCESS IN THE
ADMINISTRATION OF JUSTICE
 The courts decision are said to be of binding nature and
precedent to its lower level in the hierarchy
 Precedent influences future decisions
 A decision is pronounced on past facts and rule is extracted and
projected into the future from the decision of past facts
 The judicial system in India is based on evidences and facts
 With the facts and evidences, it requires argument and hearing
and quick administration of Justice.

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THANK YOU!!

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Constitution of india[1]

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