fundamental rights

1. INDIAN
CONSTITUTION
Name : Nidhi(11 th class , garnet)

3. content
◦ Introduction
◦ History
◦ Sources
◦ Features
◦ Bibliography

4. What is Indian constitution ???

5. Indian Costitution
India’s Constitution is the supreme law of India. It defines the Government’s fundamental
political values, policies, processes, powers, rights, and duties. It conveys constitutional
supremacy & not parliamentary supremacy because it is not established by the Parliament
but by a constituent assembly and adopted by its citizens, with a declaration in its preamble.
The Constitution of India is the longest Constitution in the world. It had three ninety-five
articles in twenty-two parts and eight schedules at its beginning. It comprises of around
145,000 words making it the world’s second-largest functioning constitution. It currently has
a preamble, twenty-five parts with twelve schedules, five appendices, four forty-eight articles
& hundred and one amendments.

9. Role of
constitution in
between
government
and its people
Economic efficience and
growth
Taxation
To strengthen the institution
Provide social secrity

10. Why do we need constitution ???
◦ 1) Protects fundamental rights
◦ 2) Establishes a framework for governance
◦ 3) Ensures equality
◦ 4) Facilitates economic development

11. History of constitution
◦ The history of the Constitution of India is very insightful as it explains exactly how it came into
being. It also explains why India chose the Parliamentary form of democracy in its modern form.
◦ The British came to India in the 17th century initially for trading only. Eventually, after slowly
gaining more power, they attained the rights to collect revenue and govern themselves. In order
to do this, they enacted various laws, rules and regulations.
◦ According to the Charter Act of 1833, the Governor General of Bengal became the Governor
General of India. It also created a Central Legislature, which, in a way, made the British
supreme rulers of India.
◦ The rule of the Company itself finally ended with the Government of India Act in 1858. As a
result, the British Crown became ruler of India and administered the country through its
government.
◦ The Indian Councils Acts of 1861, 1892 and 1909 started giving representation to Indians in the
Viceroy’s councils. They also restored legislative powers back to some provinces. In other
words, they adopted decentralization of powers between the Centre and the provinces.

14. Sources of Indian constitution
Government of India Act 1935
The Constitution of 1950 was a by-product of the legacy started by the Government of
India Act 1935. This was the longest act passed by the British government with 321
sections and 10 schedules. This act had drawn its content from four sources – Report of
the Simon Commission, discussions and deliberations at the Third Round Table
Conference, the White Paper of 1933 and the reports of the Joint select committees.

15. Federal Legislature:The Council of StatesThe Federal
Assembly The act suggested that the legislature will
have two houses, i.e., the Council of States and a
Federal Assembly. was the upper house which was a
permanent body with a tenure of three years and
composed of 260 members of which 156 were
representatives of British India and 101 of the Princely
Indian states. was the lower house with a tenure
expanding up to five years and its composition
included 250 representatives of British India and 125
members from Princely states.
Provincial Autonomy:centrethree lists This act
enabled the Provincial Governments to be
responsible only to Provincial Legislatures and helped
them break free from external control and intrusion. It
was with the establishment of this act that the powers
between the and provinces were divided in terms of –
Federal list (59 items for the Centre), Provincial list (54
items for Provinces) and Concurrent list (36 items for
both). The Residuary powers were handed over to the
Viceroy.

18. Features of constitution of india
◦Constitution of India – Major Features
• Lengthiest Written Constitution.
• Drawn from Various Sources.
• Blend of Rigidity and Flexibility.
• Federal System with Unitary Bias.
• Parliamentary Form of Government.
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy.
• Rule Of Law.
• Integrated and Independent Judiciary.

19. List of various features of constitution
◦ 1. Lengthiest Written Constitution
◦ There are two types of constitutions: written (like the American Constitution) and unwritten
(like the British Constitution). The Indian Constitution holds the title of being the world’s
longest and most comprehensive constitution to date. In other words, of all the written
constitutions in the world, the Indian Constitution is the longest. It is an extremely thorough,
intricate, and extensive document.
◦ 2. Drawn from Various Sources
◦ The majority of the provisions of the Indian Constitution were taken from other nations’
constitutions as well as from the Government of India Act of 1935 (about 250 of the Act’s
provisions were included in the Constitution). Dr. B. R. Ambedkar proclaimed with pride that
the Indian Constitution was drafted after “ransacking all known Constitutions of the world.”

20. ◦ 3. Blend of Rigidity and Flexibility
◦ A federal structure of governance is established under the Indian Constitution. Every
characteristic of a federation is present, including two governments, a division of
powers, a written constitution, the supremacy of the Constitution, its rigour, an
independent judiciary, and bicameralism. K C Wheare has alternately defined the
Indian Constitution as “federal in form but unitary in spirit” and “quasi-federal”.

21. ◦ 4. Federal System with Unitary Bias
◦ A federal structure of governance is established under the Indian Constitution. Every
characteristic of a federation is present, including two governments, a division of
powers, a written constitution, the supremacy of the Constitution, its rigour, an
independent judiciary, and bicameralism. K C Wheare has alternately defined the
Indian Constitution as “federal in form but unitary in spirit” and “quasi-federal”.

22. ◦ 5. Parliamentary Form of Government
◦ The British Parliamentary System of Government has been chosen by the Indian
Constitution above the American Presidential System of Government. The presidential
system is founded on the notion of the separation of powers between the two organs,
whereas the parliamentary system is based on the idea of cooperation and
coordination between the legislative and executive organs. The Westminster model of
governance, responsible government, and cabinet government are other names for
the parliamentary system.
◦ The parliamentary system is established by the Constitution both at the Center and in
the States. It is known as a “Prime Ministerial Government” since the prime minister’s
position has grown so important in parliamentary systems....

23. ◦ 6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy
◦ The British Parliament is linked to the theory of parliamentary sovereignty, while the
American Supreme Court is linked to the doctrine of judicial supremacy. The Indian
Supreme Court has less judicial review authority than the US Supreme Court, much as
how the Indian parliamentary system varies from the British one. This is so that it can be
contrasted with the Indian Constitution’s “procedure established by law” and the
American Constitution’s guarantee of “due process of law” (Article 21)

25. ◦ 7. Rule of Law
◦ This axiom states that men are not infallible and that hence people are ruled by law
rather than men. The statement is essential to a democracy. The notion that the rule of
law is supreme in a democracy is more significant. The main component of law is
custom, which is nothing more than the ordinary people’s ingrained behaviors and
beliefs over a lengthy period of time....
◦ 8. Integrated and Independent Judiciary
◦ A single, integrated judicial system exists in India. The Indian Constitution also
establishes an independent judiciary by preventing the legislature and government
from having any influence over it. The supreme court of the legal system is known as
the Supreme Court....

26. ◦ 10. Directive Principles of State Policy
◦ The Directive Principles of State Policy is a “new aspect,” in Dr. B. R. Ambedkar’s words,
of the Indian Constitution. They are listed in the Constitution’s Part IV. For the sake of
ensuring social and economic justice for our citizens, the Directive Principles were
incorporated into our Constitution.
◦ According to Directive Principles, money will not be concentrated in the hands of a
small number of people under India’s welfare state. They are inherently not justiciable.
The Indian Constitution is established on the foundations of the balance between the
Fundamental Rights and the Directive Principles, the Supreme Court ruled in the
Minerva Mills case (1980)....

27. ◦ 11. Fundamental Duties
◦ The fundamental obligations of citizens were not outlined in the original constitution.
The Swaran Singh Committee’s suggestion led to the 42nd Amendment Act of 1976,
which introduced Fundamental Duties to our Constitution. It outlines a list of ten
Fundamental Duties that all Indian people must uphold. One more essential obligation
was later added by the 86th Constitutional Amendment Act of 2002. While the duties
are expectations placed on every citizen, the rights are offered to the people as
guarantees....

29. biblography
◦ Primary Sources:
◦ A. The Holy Quran
◦ B. The Hadith or Sunnat (Compiled by Bukhari, Tirmizi and Many Others)
◦ C. Acts and Ordinances:
◦ • Constitution of India Act, 1949.
◦ • Criminal Procedure Code, 1973.
◦ • Dissolution of Muslim Marriages Act, 1939.
◦ • Domestic Violence Act, 1961.
◦ • Dowry Prohibition Act, 1961.
◦ • Maternity Benefit Act, 1961.
◦ • Medical Termination of Pregnancy Act, 1971.
◦ • National Commission for Women’s Act, 1990.
◦ • Muslim Women (Protection of Rights on Divorce) Act, 1986.

30. ◦ Secondary Sources:
◦ • Sen, Indrani (2005), Human Rights of Minority and Women, Isha Book Publication, New
Delhi.
◦ • Khan, M. A. (2006), Women and Human Rights, SBS Publishers and Distributors P. Ltd., New
Delhi.
◦ • Arya, Sadhna (2000), Women, Gender, Equality and the State, Deep and Deep
Publications Pvt. Ltd., New Delhi.
◦ • Ali, Syed Ameer (1997), The Spirit of Islam, (A History of the Evolution and Ideals of Islam with
a life of the Prophet), Islamic Book Trust, Delhi. 240
◦ • Azad, Rajiv (2014), Gender Discrimination, An Indian Perspective, Atlantic Publishers &
Distributors (P) Ltd., New Delhi.
◦ • Singh, S. N. (2003), Muslims in India, Anmol Publications Pvt. Ltd., New Delhi.
◦ • Ahmad, Furqan (1994), Triple Talaq, an Analytical Study with Emphasis on Socio-Legal
Aspects, Regency Publication, New Delhi.
◦ • Khan, Dr. Nuzhat Parveen (2016), Women and the Law, 1st Edn., Universal Law Publishing,
New Delhi.
◦ • Mahmood, Tahir & Mahmood, Saif (2018), Introduction to Muslim Law, 2nd Edn., Universal
Law Publishing. New Delhi

31. Conclusion
◦ One significant aspect of the Indian Constitution is its commitment to upholding the principles of
justice, liberty, equality, and fraternity. These principles form the bedrock of a democratic society
and ensure inclusivity and social welfare. The Constitution also guarantees fundamental rights
to its citizens, such as the right to equality, freedom of speech and expression, and protection
from discrimination.
◦