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Constitution of India
Constitution law and Constitutionalism
21CHAB0-Constitution of India
● Audit Course
Assessment Pattern
Team Size of Two-Seminar Presentation
What is the Constitution?
These inscriptions in Hindi and English at the Central Hall of Parliament
House refer to the meeting of the Constituent Assembly of India in this Hall
from Dec. 9, 1946 to January 24, 1950.
1. What is the Constitution?
i. Need for a Constitution in a democracy
ii. The Constitution of India
iii. Organs of the Constitution
In a democracy, the Constitution is a sacred text for the
Government- It lays a strong foundation for a parliamentary
democracy to function.
The Constitution is the supreme law of a Nation
India is the largest democracy in the world, and its Constitution
serves as a guiding light for it to function smoothly and vibrantly.
Ever evolving, the Constitution of India is dynamic and adapts itself to
changing times, to address the changing needs and requirements of a
developing nation.
11
Need for Constitution in a Democracy
What does the Constitution provide to its citizens?
1. The Indian
Constitution’s name is
borrowed from the
US
2. Its positions &
functions is borrowed
from the British
Constitution
Did
you
know?
The Australian
Constitution
The
Constitution
of Germany
The Constitution of
the People’s
Republic of China
The American
Constitution-
The oldest
Constitution in
the world
Cover page of the
calligraphic copy
of the
Constitution of
India in English
The Constitution of India is the foundational law laying down the
basic political structure of India – i.e. a Parliamentary Democracy
and a Republic with a Federal Structure
It defines the 3 organs of the Republic of India – the Executive, the
Legislature and the Judiciary and clearly defines their power as
well as demarcates their responsibilities
World’s
Longest Contents
The original copy of the
Indian Constitution is
251 pages long- it is the
most detailed in the
world
It contains 395
Articles, 22 Parts and
12 Schedules
It has undergone
103 amendments
till date
Amendments
Constitution of India
Definition, Structure & Key Features
The Indian Constitution is completely hand-written and designed
Sh. Nand Lal Bose, a pioneer of
modern Indian Art, designed
the borders of every page of
the Constitution and adorned it
with art pieces.
Sh. Prem Behari Narain Raizada, a
master of calligraphic art, single-
handedly handwrote the
Constitution.
Although it took him 6 months to
complete the task, yet he
charged no money for his work.
Did
you
know?
The original manuscript
of the Constitution was
written on parchment
sheets measuring
16X22 inches having a
lifespan of a thousand
years! It weighed 3.75
kgs.
Expert Translation Committee meeting held at Council House, New
Delhi on 22 January 1950 under the Chairmanship of Shri G.S.
Gupta for signing the Hindi translation of the Constitution of India.
14
Making of the Constitution
Pandit Jawaharlal Nehru addressing the inaugural session of the Constituent
Assembly on 13.12.46.
1. Making of our Constitution
i. Founding Fathers of our Constitution
ii. The Constituent Assembly
The Constituent Assembly (CA) was set up in 1946
under the leadership of Dr Rajendra Prasad to draft the
Constitution
The CA took 3 years (1946-49) to complete the drafting
The CA had 299 elected members from Provincial
Legislative Assemblies
The CA had 13 committees including the drafting
committee
The Constitution was adopted in 1949 when 284
members signed it, marking the completion of the
Constitution making process
The President of the Constituent Committee- Dr Rajendra
Prasad with other members
The Constituent Assembly
Set up to draft the Constitution of India
Dr B.R. Ambedkar
• Referred to as the ‘Father of the
Constitution’, Dr Ambedkar played
a leading role in the Constitution’s
framing process
• He was the Chairman of the
Assembly’s most crucial
committee
– the Drafting Committee.
• He was directly responsible for
preparing the draft Constitution for
Independent India.
• Appointed as the first Law
Minister of independent India in
1947.
 Dr. Rajendra Prasad
• President of the Constituent
Assembly.
• Elected as the first President of
independent India On 24th Jan
1950, at the last session of the
Constituent Assembly
• Distinction of being the only
President to have been re-elected
for a second term (1950-1962).
 Sardar Vallabh Bhai Patel
• Sardar Vallabhbhai Patel was a key member of
the Constituent Assembly
• He was instrumental in the integration of
over 500 princely states into the Indian
Union.
Founding Fathers of our Constitution
Key figures in India’s constitution-making process
Essential Features of the Constitution
D. Essential Features of the Constitution
1. The Preamble
2. The Fundamentals Rights, Duties & Principles
of State Policy
3. Federal Structure & Institutions
i. Executive
ii. Legislature
iii. Judiciary
iv. Constitutional Bodies: UPSC, ECI CAG
4. The States
i. State Executive
ii. State Legislature
iii. State Judiciary
5. Relation between the Union & States
The preamble assures the dignity of every Indian citizen
The Preamble
• A brief introductory statement setting out guidelines for the
people of the nation as well as presenting principles of the
Constitution
• Preamble is the preface which highlights the entire Constitution
and embodies fundamental values, philosophy & ethos on
which our Constitution is based and built.
• It includes Fundamental Rights (Liberty of thought, expression,
belief, faith & worship) and Fundamental Duties (Justice, social,
economic & political).
• The whole edifice of the Constitution and structure of the
political system protect and promote constitutional values
embodied in the Preamble
Points to remember-Constitution
The Constitution of India is the supreme law of India.
The document lays down the framework demarcating
fundamental political code, structure, procedures,
powers, and duties of government institutions and sets
out fundamental rights, directive principles, and the
duties of citizens. B. R. Ambedkar, chairman of the
drafting committee, is widely considered to be its chief
architect.
● Constitution is a set of rules and regulations for guiding the administration of a
country.
● Our Indian Constitution is the longest constitution in the world.
● Before there were 395 articles and 12 schedules.
● According to 2019, there are 448 articles 12 schedules and 25 parts.
● It was enacted by Constituent Assembly on 26Th November, 1949.
● It came into effect on January 26, 1950.
Contd ….
Constitutional Law
Constitutional law - the body of rules and practices that govern the
operation of political communities
It describes the
➔ Roles
➔ Powers
➔ Structures
Of the states, the parliament or legislature
ROLES AND POWERS
SEPARATION OF POWERS
Three powers of state
1. Legislature
2. Executive
3. Judiciary
All these powers are interact in an equitable and balanced way
THE LEGISLATURE POWER
The first of the three powers has the task of passing laws and
supervising their implementation. It is exercised by Parliament
The implementation of laws is the task of the executive and judicial
branches
THE EXECUTIVE POWER
The executive branch has the task of implementing laws.
It comprises the Federal Government, the Federal President and all
federal authorities including the police and the armed forces.
THE JUDICIAL POWER
Judges administer justice, viz. they decide disputes independently and
impartially.
It is their task to ensure that laws are complied with.
Judges cannot be deposed and cannot be assigned other positions
against their will.
TASK OF THE NATIONAL AND THE STATE
* Print money
* Regulate interstate (between states) and
international trade
* Make treaties and conduct foreign
policy
* Declare war
* Provide an army and navy
* Establish post offices
* Make laws necessary and proper to carry
out the these powers
* Issue licenses
* Regulate intrastate (within the state)
businesses
* Conduct elections
* Establish local governments
* Ratify amendments to the Constitution
* Take measures for public health and
safety
* May exert powers the Constitution does
not delegate to the national government
or prohibit the states from using
FUNDAMENTAL RIGHTS OF CITIZENS
Right to Equality
● The Right to Equality prohibits
inequality on the basis of caste,
religion, place of birth, race, or
gender.
Right to Freedom
● Freedom of speech
● Freedom of expression, Freedom
of assembly without arms
● Freedom of movement
throughout the territory of our
country
● Freedom of association
● Freedom to practice any
profession
● Freedom to reside in any part of
the country.
Right against
Exploitation
● Right against Exploitation
condemns human trafficking,
child labor, forced labor making it
an offense punishable by law, and
also prohibit any act of compelling
a person to work without wages.
Right to Freedom of
Religion
● Right to Freedom of Religion
guarantees religious freedom and
ensures secular states in India.
Cultural and
Educational Rights
● Cultural Rights protects the rights
of cultural, religious and linguistic
minorities by enabling them to
conserve their heritage and
protecting them against
discrimination.
● Educational rights ensure
education for everyone
irrespective of their caste, gender,
religion, etc
Right to
Constitutional
Remedies
● Right to Constitutional Remedies
ensures citizens to go to the
Supreme court of India to ask for
enforcement or protection against
violation of their fundamental
rights.
CONSTITUTIONALISM
CONSTITUTIONALISM
● Constitutionalism - A political philosophy based on the idea that
government authority is derived from the people and should be limited by a
constitution that clearly expresses what the government can and can't do.
Two Traditions of Constitutionalism
1. Political Constitutionalism - The theory of mixed government originated
with ancient thought and the classification of political systems on the basis
of whether one, a few, or many ruled.
2. Legal Constitutionalism - Any society in which the guarantee of rights is
not assured, nor the separation of powers determined, has no constitution.
Quiz
1 . Total No. of Schedule in Constitution of India is :
A. 22
B. 17
C. 97
D. 12
Ans: D
2 . Constitution of India was enacted by the Constituent Assembly on:
A. 26 January 1950
B. 26 Nov. 1949
C. 20 Nov. 1950
D. 20 January 1949
Ans: B
3 . Constitution of India came into effect on:
A. 26 January 1950
B. 26 Nov. 1949
C. 20 Nov. 1950
D. 20 January 1949
Ans: A
4 . Total No. of fundamental rights in Constitution of India is:
A. 12
B. 5
C. 6
D. 8
Ans: C (1.Right to equality 2.Right to freedom 3.Cultural and education rights 4.Constitutional remedies
5.Right for protection 6.Right to vote )
5 . How many articles are in Constitution of India now?
A. 440
B. 441
C. 448
D 443
Ans: C
6. The constitution is the supreme law of the land. It is protected by
A. The Supreme Court
B. The Constituent Assembly
C. The Parliament
D. The President
Ans: A
7. The Constitution of India provides a
A. Presidential form Govt
B. Cabinet System of Government
C. Parliamentary System
D. Bicameral System of government
Ans: B
8. Who was the chairman of Drafting Committee?
A. N Gopalaswamy
B. K.M Munshi
C. N Madhava Rao
D. Dr. B.R. Ambedkar
Ans: D
9. Which of the following exercised the most profound influence in framing the Indian Constitution ?
A. British Constitution
B. U.S. Constitution
C. Irish Constitution
D. The Government of India Act, 1935
Ans: The Government of India Act, 1935
10. The idea of constitution of India was first given by:
A. Mahatma Gandhi
B. Dr. B. R. Ambedkar
C. Jawaharlal Nehru
D. M N Roy
Ans: MN Roy
REFERENCES
https://www.britannica.com/topic/constitutionalism
https://study.com/academy/lesson/what-is-constitutionalism-definition-history-
concept.html
https://en.wikipedia.org/wiki/Constitution_of_India#Constitution_and_government
https://en.wikipedia.org/wiki/Constitution_of_India#Constitution_and_legislature
https://www.parlament.gv.at/ENGL/PERK/PARL/POL/ParluGewaltenteilung/index.
shtml

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Constitution.pptx

  • 1. Constitution of India Constitution law and Constitutionalism
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  • 4. Assessment Pattern Team Size of Two-Seminar Presentation
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  • 7. What is the Constitution? These inscriptions in Hindi and English at the Central Hall of Parliament House refer to the meeting of the Constituent Assembly of India in this Hall from Dec. 9, 1946 to January 24, 1950. 1. What is the Constitution? i. Need for a Constitution in a democracy ii. The Constitution of India iii. Organs of the Constitution
  • 8. In a democracy, the Constitution is a sacred text for the Government- It lays a strong foundation for a parliamentary democracy to function. The Constitution is the supreme law of a Nation India is the largest democracy in the world, and its Constitution serves as a guiding light for it to function smoothly and vibrantly. Ever evolving, the Constitution of India is dynamic and adapts itself to changing times, to address the changing needs and requirements of a developing nation. 11 Need for Constitution in a Democracy What does the Constitution provide to its citizens?
  • 9. 1. The Indian Constitution’s name is borrowed from the US 2. Its positions & functions is borrowed from the British Constitution Did you know? The Australian Constitution The Constitution of Germany The Constitution of the People’s Republic of China The American Constitution- The oldest Constitution in the world Cover page of the calligraphic copy of the Constitution of India in English
  • 10. The Constitution of India is the foundational law laying down the basic political structure of India – i.e. a Parliamentary Democracy and a Republic with a Federal Structure It defines the 3 organs of the Republic of India – the Executive, the Legislature and the Judiciary and clearly defines their power as well as demarcates their responsibilities World’s Longest Contents The original copy of the Indian Constitution is 251 pages long- it is the most detailed in the world It contains 395 Articles, 22 Parts and 12 Schedules It has undergone 103 amendments till date Amendments Constitution of India Definition, Structure & Key Features
  • 11. The Indian Constitution is completely hand-written and designed Sh. Nand Lal Bose, a pioneer of modern Indian Art, designed the borders of every page of the Constitution and adorned it with art pieces. Sh. Prem Behari Narain Raizada, a master of calligraphic art, single- handedly handwrote the Constitution. Although it took him 6 months to complete the task, yet he charged no money for his work. Did you know? The original manuscript of the Constitution was written on parchment sheets measuring 16X22 inches having a lifespan of a thousand years! It weighed 3.75 kgs. Expert Translation Committee meeting held at Council House, New Delhi on 22 January 1950 under the Chairmanship of Shri G.S. Gupta for signing the Hindi translation of the Constitution of India. 14
  • 12. Making of the Constitution Pandit Jawaharlal Nehru addressing the inaugural session of the Constituent Assembly on 13.12.46. 1. Making of our Constitution i. Founding Fathers of our Constitution ii. The Constituent Assembly
  • 13. The Constituent Assembly (CA) was set up in 1946 under the leadership of Dr Rajendra Prasad to draft the Constitution The CA took 3 years (1946-49) to complete the drafting The CA had 299 elected members from Provincial Legislative Assemblies The CA had 13 committees including the drafting committee The Constitution was adopted in 1949 when 284 members signed it, marking the completion of the Constitution making process The President of the Constituent Committee- Dr Rajendra Prasad with other members The Constituent Assembly Set up to draft the Constitution of India
  • 14. Dr B.R. Ambedkar • Referred to as the ‘Father of the Constitution’, Dr Ambedkar played a leading role in the Constitution’s framing process • He was the Chairman of the Assembly’s most crucial committee – the Drafting Committee. • He was directly responsible for preparing the draft Constitution for Independent India. • Appointed as the first Law Minister of independent India in 1947.  Dr. Rajendra Prasad • President of the Constituent Assembly. • Elected as the first President of independent India On 24th Jan 1950, at the last session of the Constituent Assembly • Distinction of being the only President to have been re-elected for a second term (1950-1962).  Sardar Vallabh Bhai Patel • Sardar Vallabhbhai Patel was a key member of the Constituent Assembly • He was instrumental in the integration of over 500 princely states into the Indian Union. Founding Fathers of our Constitution Key figures in India’s constitution-making process
  • 15. Essential Features of the Constitution D. Essential Features of the Constitution 1. The Preamble 2. The Fundamentals Rights, Duties & Principles of State Policy 3. Federal Structure & Institutions i. Executive ii. Legislature iii. Judiciary iv. Constitutional Bodies: UPSC, ECI CAG 4. The States i. State Executive ii. State Legislature iii. State Judiciary 5. Relation between the Union & States
  • 16. The preamble assures the dignity of every Indian citizen The Preamble • A brief introductory statement setting out guidelines for the people of the nation as well as presenting principles of the Constitution • Preamble is the preface which highlights the entire Constitution and embodies fundamental values, philosophy & ethos on which our Constitution is based and built. • It includes Fundamental Rights (Liberty of thought, expression, belief, faith & worship) and Fundamental Duties (Justice, social, economic & political). • The whole edifice of the Constitution and structure of the political system protect and promote constitutional values embodied in the Preamble
  • 17. Points to remember-Constitution The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.
  • 18. ● Constitution is a set of rules and regulations for guiding the administration of a country. ● Our Indian Constitution is the longest constitution in the world. ● Before there were 395 articles and 12 schedules. ● According to 2019, there are 448 articles 12 schedules and 25 parts. ● It was enacted by Constituent Assembly on 26Th November, 1949. ● It came into effect on January 26, 1950. Contd ….
  • 19. Constitutional Law Constitutional law - the body of rules and practices that govern the operation of political communities It describes the ➔ Roles ➔ Powers ➔ Structures Of the states, the parliament or legislature
  • 21. SEPARATION OF POWERS Three powers of state 1. Legislature 2. Executive 3. Judiciary All these powers are interact in an equitable and balanced way
  • 22. THE LEGISLATURE POWER The first of the three powers has the task of passing laws and supervising their implementation. It is exercised by Parliament The implementation of laws is the task of the executive and judicial branches
  • 23. THE EXECUTIVE POWER The executive branch has the task of implementing laws. It comprises the Federal Government, the Federal President and all federal authorities including the police and the armed forces.
  • 24. THE JUDICIAL POWER Judges administer justice, viz. they decide disputes independently and impartially. It is their task to ensure that laws are complied with. Judges cannot be deposed and cannot be assigned other positions against their will.
  • 25. TASK OF THE NATIONAL AND THE STATE * Print money * Regulate interstate (between states) and international trade * Make treaties and conduct foreign policy * Declare war * Provide an army and navy * Establish post offices * Make laws necessary and proper to carry out the these powers * Issue licenses * Regulate intrastate (within the state) businesses * Conduct elections * Establish local governments * Ratify amendments to the Constitution * Take measures for public health and safety * May exert powers the Constitution does not delegate to the national government or prohibit the states from using
  • 27. Right to Equality ● The Right to Equality prohibits inequality on the basis of caste, religion, place of birth, race, or gender.
  • 28. Right to Freedom ● Freedom of speech ● Freedom of expression, Freedom of assembly without arms ● Freedom of movement throughout the territory of our country ● Freedom of association ● Freedom to practice any profession ● Freedom to reside in any part of the country.
  • 29. Right against Exploitation ● Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense punishable by law, and also prohibit any act of compelling a person to work without wages.
  • 30. Right to Freedom of Religion ● Right to Freedom of Religion guarantees religious freedom and ensures secular states in India.
  • 31. Cultural and Educational Rights ● Cultural Rights protects the rights of cultural, religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. ● Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc
  • 32. Right to Constitutional Remedies ● Right to Constitutional Remedies ensures citizens to go to the Supreme court of India to ask for enforcement or protection against violation of their fundamental rights.
  • 34. CONSTITUTIONALISM ● Constitutionalism - A political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the government can and can't do. Two Traditions of Constitutionalism 1. Political Constitutionalism - The theory of mixed government originated with ancient thought and the classification of political systems on the basis of whether one, a few, or many ruled. 2. Legal Constitutionalism - Any society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution.
  • 35. Quiz 1 . Total No. of Schedule in Constitution of India is : A. 22 B. 17 C. 97 D. 12 Ans: D 2 . Constitution of India was enacted by the Constituent Assembly on: A. 26 January 1950 B. 26 Nov. 1949 C. 20 Nov. 1950 D. 20 January 1949 Ans: B
  • 36. 3 . Constitution of India came into effect on: A. 26 January 1950 B. 26 Nov. 1949 C. 20 Nov. 1950 D. 20 January 1949 Ans: A 4 . Total No. of fundamental rights in Constitution of India is: A. 12 B. 5 C. 6 D. 8 Ans: C (1.Right to equality 2.Right to freedom 3.Cultural and education rights 4.Constitutional remedies 5.Right for protection 6.Right to vote ) 5 . How many articles are in Constitution of India now? A. 440 B. 441 C. 448 D 443 Ans: C
  • 37. 6. The constitution is the supreme law of the land. It is protected by A. The Supreme Court B. The Constituent Assembly C. The Parliament D. The President Ans: A 7. The Constitution of India provides a A. Presidential form Govt B. Cabinet System of Government C. Parliamentary System D. Bicameral System of government Ans: B 8. Who was the chairman of Drafting Committee? A. N Gopalaswamy B. K.M Munshi C. N Madhava Rao D. Dr. B.R. Ambedkar Ans: D
  • 38. 9. Which of the following exercised the most profound influence in framing the Indian Constitution ? A. British Constitution B. U.S. Constitution C. Irish Constitution D. The Government of India Act, 1935 Ans: The Government of India Act, 1935 10. The idea of constitution of India was first given by: A. Mahatma Gandhi B. Dr. B. R. Ambedkar C. Jawaharlal Nehru D. M N Roy Ans: MN Roy