This ppt contain a descriptive study of Indian constitution

1. THE CONSTITUTION OF
INDIA

2. Zobia Amar
Reg no # 631
2

3. HISTORICAL BACKGROUND
• The Indian subcontinent was under British rule from
1857 to 1947
• India ceased to be a dominion of the British
Crown and became a sovereign democratic republic
• The Indian constitution is the world's longest
constitution
• The Indian Councils Act 1892 established provincial
legislatures and increased the powers of the
Legislative Council
• The Indian Councils Act 1909 and the Government of
India Act 1919 further expanded participation of
Indians in the government
3

4. Previous Legislations as Source
• Government of India Act 1858
• Indian Councils Act 1861
• Indian Councils Act 1892
• Indian Councils Act 1909
• Government of India Act 1919
• Government of India Act 1935
• Indian Independence Act 1947
4

5. Drafting and Formulation of Indian constitution
• The Constitution was drafted by the Constituent Assembly
• On the 14 August 1947 meeting of the Assembly, a
proposal for forming various committees was
presented. Such committees included a Committee on
Fundamental Rights, the Union Powers Committee and
Union Constitution Committee
• The Assembly met in sessions open to the public, for 166
days, spread over a period of 2 years, 11 months and 18
days before adopting the Constitution, the 308 members of
the Assembly signed two copies of the document (one
each in Hindi and English) on 24 January 1950
5

6. Influence from other constitutions
• Parliamentary Government and Rule of Law are the
influences of the British Constitution.
• The Fundamental Rights and the special position of the
judiciary is the influence of the constitution of U.S.A
• The Directive Principles of State Policy have been
borrowed from the constitution of Ireland.
• The Federal system of India is the influence of Canadian
Constitution.
• The method of the amendment of the constitution and the
method of the election of the members of Rajya Sabha
have been borrowed from the constitution of South Africa.
• The Emergency powers of the President are the influence
of the Weimer Constitution of Germany.6

7. 7

8. Syeda Afifa Azhar
Reg no # 586
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9. Parts of Indian constitution
• Preamble
• Part I– Union and its Territory
• Part II– Citizenship.
• Part III– Fundamental Rights.
• Part IV – Directive Principles of State Policy.
• Part IVA – Fundamental Duties.
• Part V– The Union.
• Part VI– The States.
• Part VII – States in the B part of the First schedule
(Repealed).
• Part VIII– The Union Territories
• Part IX– The Panchayats.
• Part IXA– The Municipalities.
• Part IXB – The Co-operative Societies.
• Part X – The scheduled and Tribal Areas
• Part XI – Relations between the Union and the States.
• Part XII– Finance, Property, Contracts and Suits
• Part XIII – Trade and Commerce within the territory of
India
• Part XIV– Services under the Union, the States.
• Part XIVA – Tribunals.
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• Part XV – Elections
• Part XVI– Special Provisions
Relating to certain Classes.
• Part XVII– Languages
• Part XVIII – Emergency Provisions
• Part XIX – Miscellaneous
• Part XX – Amendment of the
Constitution
• Part XXI – Temporary, Transitional
and Special Provisions
• Part XXII – Short title, date of
commencement, Authoritative text
in Hindi and Repeals

10. • Preamble:
Constitution starts with preamble
• Sovereign State
• Socialist State
• Secular State
• Democratic State
• Republic
FORM OF GOVERNMENT
• FEDERAL IN FORM , UNITARY IN SPIRIT
• FIXED SIZE OF COUNCIL OF MINISTERS
• RIGID AS WELL AS FLEXIBLE CONSTITUTION
• LIMITED POWERS OF THE PARLIAMENT
• SINGLE-INTEGRATED JUDICIAL SYSTEM
• Federal System with a strong center
• Three Tier Government
10

11. • Status and powers of president in constitution:
• In Indian Parliamentary practice, the President is the
nominal executive or a Constitutional ruler. He is the
head of the nation, but does not govern the nation
• Status and powers of Indian PM:
• The Prime Minister of India is the leader of the executive
branch of the Government of India.
• The Prime Minister is also the chief advisor to
the President of India and head of the Council of
Ministers
• They can be a member of any of the two houses
of Parliament(the Lok Sabha or the Rajya Sabha), but has
to be the leader of the political party, having a majority
in the Lok Sabha
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12. 12

13. Your Date Here
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14. Your Date Here
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15. Your Date Here
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Iqra Mumtaz
Reg no # 610
Laws of 29 states of
India

16. Three Lists of Indian Constitution
Under the Article 246[3] of the Indian Constitution:
• Union list
• State list
• Concurrent list
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17. DRINKING AND SMOKING
LAWS
• Tobacco Legislations in India:
• Cigarettes (Regulation of Production, Supply and
Distribution) Act, 1975
• (Prohibition of Advertisement and Regulation of
Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (COTPA) came into force
on 1 May 2004.
17

18. Ban on public smoking
• Section 3(l) of the COTPA
• Smoking zone has to be set up
18

19. Drinking and Driving Law
• Section 185 of the Motor
Vehicles Act, 1988,
• first offence with imprisonment
of 6 months and 2000 fine
• For subsequent offence within 3
years ,imprisonment of 2 years
and 3000 fine.
• Implementation of the Alcohol
laws in India
• Article 47
• legal age varies between 18 to
25 in different states
19

20. Hindu view of Marriage
• The Hindu Marriage Act, 1955 came into force on
May 18, 1955.
• Applicability:
• Under Section 2 of the Hindu Marriage Act, 1955
• Condition:
• Perfectly fine
• Age limit
• Amendment
20

21. Nimra Mehmood Malik
Reg no # 624
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22. Marriage Laws (Amendment)
Bill, 2010
• Special Marriage Act 1954
• Section 13-B
• Section 13D
• New section 13E
• Section 13C
22

23. Nullity of Marriage and Divorce
• Section 13 of Hindu Marriage Act, 1955.
• Section 5
23

24. ….
• Adultery Under Sec. 497
• Desertion
• Conversion
• Mental Disabilities & Other Veneral Disease
24

25. Prohibition law for Cow Slaughter
• Article 48
• Andhra Pradesh:
• Prohibition of Cow Slaughter and
Animal Preservation Act, 1977
• Assam:
• The Assam Cattle Preservation
Act, 1950
• Bihar:
• The Bihar Preservation and
Improvement of Animals Act,
1955
25

26. Freedom of Religion in India
26
• Article 25-28
• Incidents of religious intolerance
• Jehovah’s Incident.

27. Interstate Dispute
• Narmada Water Dispute
• Under Section 4 of the Inter-
state Water Dispute Act, 1956
• Gujarat - 90 lakh acre feet
• Madhya Pradesh - 182.5 lakh
acre feet
• Maharashtra - 2.5 lakh acre
feet
27

28. Kainaat Mumtaz
Reg no # 608
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29. RIGHT TO EQUALITY
• Article 14 (Equality before law)
• Article 15 (Prohibition of discrimination on the
grounds of religion, race, caste, sex or place of
birth)
• Article 16 (Equality of opportunities in matters of
public employment)
• Article 17 (Abolition of Untouchability)
• Article 18 (Abolition of titles)
29

30. RECOGNIZES TRANSGENDER
AS THIRD GENDER
Facts
Legal Services Authority Act
and a Women’s Welfare Society
Member of the Hijra
community(Laxmi Narayan
Tripathy) and a
eunuch(Siddarth Narrain)
Violation of Articles 14 to 16
and 21
30

31. Issues
• Whether a person who is born as
a male with predominantly
female orientation (or vice
versa), has a right to get himself
or herself to be recognized as the
opposite gender as per their
choice more so, when such a
person after having undergone
operational procedure, changes
his/her sex as well
31

32. Issues
• Whether transgender, who are neither male nor
females, have a right to be identified and
categorized as a “third gender”?
32

33. LEGAL DECISION
• “third gender” apart from binary gender
• Laws made by the Parliament and the State
Legislature
• Proper measures by Centre and State Governments
33

34. Cultural And Educational Rights
• Article 29
• Deals with the protection of language, script, and
culture of minorities
• Article 30
• Deals with the right of minorities to establish and
administer educational institutions
34

35. SINDHI EDUCATION SOCIETY
Facts
• Minority institution for preservation of Sindhi
language
• Rule 64 of the DSE Rules
• Reservation in the appointment of teachers
• Against Article 30(1)
35

36. Issues
Whether Rule 64(1)(b) of the Delhi School Education
Rules 1973 and the orders/instructions issued
thereunder would, if made applicable to an aided
minority educational institution, violate the
fundamental right guaranteed under Article 30(1) ?
36

37. Legal Decision
Rule 64(1)(b) and the circular of September, 1989,
are not enforceable against the linguistic minority
school in the NCT of Delhi
37

38. Heba Iqbal
Reg no # 577
38

39. • WHAT IS EXPLOITATION?
• The act by an attacker to perform
activities on victims system on his
own wish after getting full or partial
control
• INDIA accounts for the second
highest number where child labor
exists in the world
• According to certain experts
approximately 10 million bonded
children laborers are working as
domestic servants in India
• It is estimated that around 70% of
child workers are not paid at all for
the work they do because they may
work for their families at home or in
small business
39

40. REASONS OF CHILD LABOR
• Child labor is rooted in poverty and the lack of
economic opportunities
• Children with unemployed parents or whose do not
have social security must work to help in their
family survival
40

41. CASE STUDY
• LEGAL ISSUE: CHILD LABOR
• FACT: Due to continuous decline in productivity, a child
losses 10 times
• FILLED BY: Shri Mahant tiwari , President of Rachnatmak
Sambhav Sackshik Anusandhan Sanstha (RDDAS)
• Case Name: The “Ayodhya” Case: Hindu Majoritarianism
and the Right to Religious Liberty
41

42. RIGHT TO FREEDON OF RELIGION
42
• Article 25, 26, 27 and 28 gave the right to practice reliogion
of choise
• Objective of this right is to sustain the principle of secularism
in India
• No person shall be compelled to pay taxes for the promotion
of a particular religion

43. CASE STUDY
• LEGAL ISSUE: Descrimination on
the basis of religion
• FACT: Announcement of battle
• FILLED BY: Ratna Kapoor
• Case name: Decision of Honorable
Special Full Bench Hearing Ayodhya
Matters
43

44. Hadiqa Aimen
Reg no # 597
44

45. Right to Freedom (Articles 19-22)
These include the
• Freedom of speech and expression
• Freedom of assembly without arms
• Freedom of association
• Freedom of movement throughout the territory of
our country
• Freedom to reside and settle in any part of the
country of India and the freedom to practice any
profession
45

46. Case study (Freedom of expression and
religion)
Bijoe Emmanuel & Ors vs State of Kerala &
Ors on 11 August, 1986
46

47. Facts
• Three children were expelled from their school
after they refused to sing the national anthem of
India “Jana Gana Mana.”
• Upon expulsion, their father filed a writ petition
• The court dismissed the case.
• Father later filed a special leave petition in the
Supreme Court of India
47

48. Children’s
behavior was
unpatriotic
Expulsion is
legal or illegalIssue
48

49. Decision
This decision confirms to the global standards of
freedom of expression that
“No individual can be compelled to affirm a belief
and attitude of mind to which he does not
subscribe to.”
49

50. Right to Constitutional Remedies
(Article 32)
The Right to Constitutional Remedies empowers
citizens to approach the Supreme Court of India
to seek
• Enforcement
• Protection against infringement of their
Fundamental Rights
50

51. Cont….
The Supreme Court has been empowered to issue writs,
namely
• Habeas corpus
• Mandamus
• Prohibition
• Certiorari
• Quo warranto
for the enforcement of the Fundamental Rights
51

52. Right to Privacy
(Article 21)
• The right to privacy is protected as an intrinsic
part of the right to life and personal liberty
“No person shall be deprived of his life or personal
liberty except according to procedure established
by law.”
52

53. Case study
• Govind vs State Of Madhya Pradesh & Anr on
18 March, 1975
53

54. Facts
• Govind contests the validity of the MP Police
Regulations 855 and 856, which relate to
surveillance, including through domiciliary visits.
• It’s interesting to note that the popular Roe v Wade
case that dealt with a woman’s right to abortion (as
included in her right to privacy) was used as a
reference case.
54

55. Issue
Whether putting surveillance and domiciliary visits
are necessary and legal?
55

56. Decision
The Supreme Court went through the entire
jurisprudence of right to privacy, its evolution and
scope. The Court held that the ‘Right to Privacy’
is implicit in the ‘Right to Life’ and liberty
guaranteed by Article 21
56

57. Tayyaba Fatima
Reg no # 589
57

58. Disclosure of Identity
• The identity of rape victims is protected under
 Statutory law
 Case law
Tort law relating to privacy
58

59. Cont....
• Section 228A of the Indian Penal Code, which was
first introduced in 1983 and subsequent amended
in 2013.
• Section 23 of the Protection of Children from
Sexual Offences Act, 2012
• Juvenile Justice (Care and Protection of Children)
Act, 2000
59

60. Virtual Complaint Right
• Delhi Police issued guidelines that any woman can
lodge a complaint via mail or registered post.
• A rape victim can lodge a complaint, and no police
station and cop can deny registering her FIR.
60

61. Indecent Representation of
Women’s Act 1986
• This act was enacted on 23 December 1986 by 37th
year of republic of India by Parliament.
• It was enacted to prohibit any representation of
women indecently via advertisements or in any other
manner
• Under Section 3 of the Act any advertisement wherein
any indecent representation of women in any form is
punishable
• Exceptions are allowed for sculptures, engraved,
paintings under Ancient Monument and
Archaeological Sites and Remains Act 1958
61

62. Inheritance of Family Property
• The Hindu Succession Act, 1956
• Hindu Succession (Amendment)Act, 2005 came into
being on September 9, 2005
• Rights of daughter
• Rights of wife
• Rights of mother
62

63. Nayab Kanwal
Reg no # 604
63

64. Maternity leave
•The maternity benefit act 2016
•leave
•Income
•Free medical care
64

65. Law to prevent child marriages in India
• Child marriage restraint Act of 1929
• Ages of an adult male and female
• Punishment
• Amended in 1940
• 1978 amendment (legal ages)
65

66. Laws against dowry
• Dowry prohibition Act 1961
• Anti-dowry law (section 498A & 198A)
• Penalty in section 3
• Maintenance of list of presents to the bride and
the bridegroom rules, 1985
66

67. Case study
• FACTS
• JUDGEMENT:
• Section 304-B
• Section 498-A
• Imprisonment for
10 years
67

68. Special marriage Act 1954
• Act III of 1872
• Replacement of 1872 by Act 1954
• Special marriage Act 1954
• Objectives
• conditions
68

69. Mariam Hanif
Reg no # 583
69

70. 1. Equal Remuneration
• The preamble of the Indian Constitution sets out the
main objectives, intend to achieve,by following these :
• Article 15(3) Article 16, Article 16(1) article 16 (2)
• The Equal Remuneration Act, 1976
• Court Laws :
• In Federation of A. I. Custom and Central Excise
Stenographers (Recog.) vs. Union of India, the Supreme
Court
• Art. 38, Constitution of India,Article 39 emphasized their
Rights.
• "what is mean by equal protection of laws".
70

71. 2. Termination of Pregnancy
• In Indian Constitution,under Article 21: Protection of Life
and Personal Liberty
• INDIAN PENAL CODE 1860 :
• Section 312 to 316
• Court Laws :
• Under the Medical Termination of Pregnancy Act (MTP)
• IPC and MTP ACT guaranted rights
• When pregnancy can be terminated???
• The legal regulations
71

72. 3. Protection from interrogated at
police station
• Under Section 160 of the Criminal Procedure Code.
• The Code of Criminal Procedure, 1973. Chapter V
(Five)
• procedure establish by law for example Article 21
and Article 22 of the Indian Constitution.
• Laws by Supreme Court :
• Sec 194 highlights the punishment
• Under Indian Penal Code, 1860 and Prevention of
Corruption Act, 1988.Section 171E
72

73. 4. Transgender
• International Human Rights Laws-gender law
• Constitution of India article 21, Article 15 and
article16 (2),Article 14
• Court declared Laws
• Legal Measures
• The Immoral Trafficking Prevention Act, 1956
• Police Reforms
• Direction to the Central and State government
• RIGHT OF TRANSGENDER PERSONS BILL, 2014
• ELECTION
73

74. Case Transgenders
• Facts
• Case story
• Court Laws
• Court Decisions.
74

75. Shehzadi Erum Fatima
Reg no # 593
75
Comparison
PAKISTAN VS
INDIA

76. Overview
• BRITISH SYSTEM OF GOVERNANCE
• INDIAN ACT 1935
• INDIAN CONSTITUTION
• PAKISTAN CONSTITUTION
• FUNDAMENTAL RIGHTS
• DIRECTIVE PRINCIPLES
76

77. CENTER-PROVINCE/STATE
RELATION
INDIA
• Federal system(centralized power)
• 3 functional areas
• Bicameral legislature
• Senate (population based representation)
77

78. Cont…
Pakistan
• Federal system
• 2 lists of subject
• Bicameral legislature
• Senate (equality of representation)
78

79. Financial Relations
• Under both constitutions , centre is more
powerful.
• Provinces are dependent on centre for their
development plans.
• Centre conncets all the important taxes
79

80. President
• Postion acc. To 1973
constitution was very weak.
• Was considered as
ceremonial head of state.
• He could appoint COAS in
his discretion.
• India
• Government decisions were
accepted at all levels
80
Ram Nath Kovind

81. Supremacy of the parliament
• President has limited power to veto.
• Legislative initiative belongs to cabinet.
Indian Parliament:
• Ordinance making poewer of president
determines the supremacy of indian parliament.
• Expires after 6 weeks
81

82. Civil Military relations
• Ideologically different states but shraed same
military heritage
• Largely accepted the principle of supremacy of
civilian govt.
82

83. Areej Sohail Khan
Reg no # 584
83

84. The largest democracy in the
world?
• Russia, China, and America?84

85. • Russia ranks lowly in the democracy index
rankings.
• Why Not China?
• The United States has 325m population. It’s the
3rd or 4th largest nation in the world by size.
85

86. India Is The Largest
Democracy
Population is a meaningful size metric for democracy
86

87. Interesting Facts
Did you know?
87

88. • The Indian Constitution came into force on January 26,
1950. It took nearly 3 years to draft the Indian
Constitution.
• The Indian Constitution is the longest in the world. It
took around 2 years, 11 months and 17 days for the
assembly to finish writing the entire constitution.
• The Constitution of India was handwritten and
calligraphed both in English and Hindi.
88

89. • The Indian Constitution is called the bag of
borrowings.
• It was a raining cats and dogs outside the parliament,
the day constitution was signed, and this was
considered to be a good omen by the assembly
members.
• The original hand-written copies of the Constitution are
kept in helium-filled cases.
89

90. A critical look!
FLAWS?
90

91. • The Constitution is comprehensive and in fact too
comprehensive.
• There is a strong bias towards centre in the federal structure.
• Privileges of the Parliament and State Legislatures are left upon
then to decide which has not been codified till date.
• The Constitution is too bulky and too complex for a layman to
understand.
91

92. • There is a high degree of protection to civil servants accorded under Art
311. This provision is more misused and abused than being used.
• Schedule IX (read with Art 31B) which accords protection to a law vis-a-vis
Fundamental Rights needs to be revisited.
• There is no provision to maintain efficiency of Legislature like minimum
number of working hours, minimum number of hours to be spent on
legislation, budget discussion, etc.
• The Speaker is a very powerful authority and there may be a case to
revisit his/her powers.
• Anti-Detection Law is also not a very good idea.
92

93. Conclusion!
93