INDIAN CONSTITUTION PART-I Introduction, Role & Value of Constitution Presented By- Arun Pasrija
ARUN PASRIJA MTECH (CE) CLEARED ISRO, IBPS SO,IBPS PO ETC. TEACHING SINCE 2015. TEACHER BY PASSION. FOLLOW ME ON https://unacademy.com/user/aru n pasnia81 RATE REVIEW RECOMMEND ,
INTRODUCTION The constitution of a country is a document that comprises a set of written rules accepted by everyone living together in that country. The Constitution of a country is the supreme law of the land and it determines the relationship among people living in that country and also regulates the government and its policies towards its citizens.
Role of Constitution It provides a framework within which the government and other institutions work in the country It lays down the procedure as to how the government will be constituted and the manner in which decisions are taken. It defines the powers, duties, and limits of the respective government. It also tells the rights of the citizens and defines the rule of law and a procedure to protect them.
History In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India In 1931, Indian National Congress in its session at Karachi passed a resolution on how the constitution of independent India should look like. Both these two documents have included the right of universal adult franchise, right to freedom and equality, and to protecting the rights of minorities. The makers of the Indian Constitution have adopted its fundamental structure from the Government of India Act 1935
The Constituent Assembly The Constituent Assembly was the body of elected representatives of the people of India. Elections for the Constituent Assembly were held in July 1946 and its first meeting was convened in December 1946 On Partition, the Constituent Assembly was also divided into two parts called as the Constituent Assembly of India and the Constituent Assembly of Pakistan. The Constituent Assembly of India that drafted the Indian Constitution had 299 members. The Constituent Assembly of India had adopted the Constitution on 26 November 1949, but it came into effect on 26 January 1950
Key Features Indian Constitution is a 'written' constitution. Indian Constitution is flexible' (it can be amended), but it is also 'rigid' (as some part, i.e., its 'basic structure' cannot be amended Indian Constitution is 'Unitary' (as Center has more power), but it is also Federal' (as power is divided between the Center and the State)
Values of the Constitution Liberty Democratic Equality Values of constitution Secular Fraternity Socialist Sovereignty
Liberty The Constitution provides every citizen a number of liberties and freedoms under Article 19 to 21, 21A, and 22. It is established that no unreasonable restrictions can be imposed upon citizens to regulate their freedom. Right to Freedom under Article 19 includes: 1. The right to freedom of speech and expression; 2. The right to form association; 3. The right to move freely; 4. Reside in any part of the country; and 5. The right to practice any profession, occupation, or business
Equality Right to Equality is enshrined under Articles 14 to 18 of the Indian Constitution of India, which guarantees the right to equality to all persons and prohibits any kind of discrimination against any citizen on any of the grounds of religion, race, caste, gender, and place of birth.
Fraternity All the Indians are members of a family, no one is inferior or superior, all are equal and have same rights and duties.
Sovereignty The government of India is free to take any decision on internal as well as external matters and no external power can dictate it.
Secular India is a secular country. There is no official religion of the government and the government treats all the religions equally. Articles 25 to 28 provide 'Right to freedom of Religion' for every citizen. This is a Fundamental Right that allows every individual a freedom to live by their religious beliefs and practices as they interpret these beliefs.
Introduction The Constitution of India listed the rights to the citizens of India that would be specially protected and known as the Fundamental Rights. Fundamental Rights are different from other rights (i.e. ordinary legal rights) available to the citizens of India. Ordinary legal rights are protected and enforced by ordinary law; but Fundamental Rights are protected and guaranteed by the Constitution of India. Contd..
Right to Equality Right against constitutional remedies Right to freedom Fundamental Rights Cultural & Educational rights Right against exploitation Right to freedom of religion
Right to Equality The Rule of law is the foundation of Indian democracy that states that the laws apply in the same manner to all, irrespective of a person's status. It means that the Prime Minister of the country or a poor farmer in a remote village is subject to the same law and equal treatment. Article 14 states that the government shall not deny to any person, equality before the law or the equal protection of the laws, which means: (a)Laws apply in the same manner to all (b)No person is above the law; (c)Every citizen is subjected to the same laws and same treatment:;
Right to Equality (Article 15) Article 15 states that no citizen can be discriminated against on the basis of his/her religion, race, caste, sex, or place of birth Article 15 further enhanced the Right to Equality by providing that every citizen shall have equal access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds, and places of public resorts maintained by the government.
Right against Exploitation The Constitution prohibits the following practices as evil and declares them illegal: Trafficking of human beings, i.e., the selling and buying of human beings, (generally, women and children are the victims of trafficking) Forced labor or beggar in any form is illegal and is prohibited. Child labor is also prohibited. The children below 14 years of age, cannot be employed to work in any factory or mine or in any other hazardous work, such as railways and ports. 1. 2. 3.
Cultural and Educational Rights Articles 29 and 30 provide Cultural and Educational Rights, which states that all minorities, religious or linguistic groups, having a distinct language, script or culture of its own can set up their own educational institutions in order to preserve and develop their language, script, or culture.
Introduction A constitution is a set of fundamental principles according to which a state is constituted or governed. The Constitution specifies the basic allocation of power in a State and decides who gets to decide what the laws will be. The Constitution first defines how a Parliament will be organized and empowers the Parliament to decide the laws and policies.
Distribution of Power The Legislature (Parliament) The Executive The Judiciary
The Parliament All the elected representatives collectively form a body called as Parliament. The Parliament consists of two houses namely Rajya Sabha (Upper House) and Lok Sabha (Lower House).
President Vice President Prime Minister
Supreme Court High Court District Court
Goals of DPSP Following are the significant Goals of DPSP: a) Welfare of the people; Social, economic, and political justice; b) Raising the standard of living; equitable distribution of resources, c) Promotion of international peace.
Policies of DPSP Following are the important Policies of DPSP: a) Uniform civil code; b) Prohibition of consumption of alcoholic liquor; c) Promotion of cottage industries; d) Prevention of slaughter of useful cattle; e) Promotion of village panchayats
Non-Justifiable rights of DPSP Following are the major non-justifiable rights of DPSP: a) Adequate livelihood; b) Equal pay for equal work for men and women; c) Right against economic exploitation; d) Right to work; and e) Early childhood care and education to children below the age of six years.
Introduction The organ of a government that primarily looks after the function of The Executive is the branch of Government accountable for the In the Parliamentary form of executive, the Prime Minister is the head implementation and administration is known the Executive implementation of laws and policies legislated by the legislature. of the government and the head of the State is the President (Parliamentary Republic, e.g. India). and the Prime Minister is the head of the government, e.g. France. as the head of government, e.g. the US -In a Semi-Presidential System, the President is the head of the State In a Presidential System, the President is the head of the State as well
The President The President of India is the head of the State. All the political institutions in India, function in the name of the President of India and the President supervises their functions to bring harmony in their works to achieve the objectives of the State. In India, the President is elected, not appointed, (although not elected directly by the people). The President is elected by the Members of Parliament (MPs) and the Members of the Legislative Assemblies (MLAs) of each state.
Discretionary Power In three circumstances, the President can exercise his or her discretionary power The President can send back the advice given by the Council of Ministers for reconsideration. 1. 2. The President has veto power (also known as 'pocket veto') by which he or she can withhold or refuse to give his or her assent to any Bill (other than Money Bill) passed by the Parliament. 3. The President appoints the Prime Minister
Introduction The Union Legislature of India is not only the lawmaking body, but the center of all democratic political process. The Parliament is the central legislature and the legislature of the state is known as 'State Legislature.' The Parliament of India is bicameral (i.e. consists of two houses) namely Rajya Sabha (the Council of States) and Lok Sabha (the House of the People) contd....
Raiya Sabha - The Rajya Sabha is an indirectly elected body and represents the The elected members of State Legislative Assembly elect the In the U.S.A, every state has equal representation in the Senate States of India. members of Rajya Sabha. irrespective of size and population of the states, but in India, it is not the same. In India, states with larger size of population get more representatives than states with smaller population. For example, Uttar Pradesh (the most populated state) sends 31 members to Rajya Sabha; on the other hand, Sikkim (the least populated state) sends only one member to Rajya Sabha. Contd...
Lok Sabha The members of Lok Sabha and the State Legislative Assemblies are directly elected by the people for the period of five years. However, before the completion of tenure, if the Lok Sabha is dissolved (no party forms government with majority), a fresh election will be conducted again.
Functions of the Parliament The Parliament has legislative (law making) and financial functions (money bill and budgetary function). The Parliament is the highest forum of debate in the country and hence, there is no limitation on its power of discussion. The Parliament has the power of discussing and enacting changes to the Constitution (i.e. amendment power). The Parliament also performs some electoral functions, as it elects the President and the Vice President of India The Parliament has also judicial functions, as it considers and decides the proposals for the removal of President, Vice-President, and Judges of the Supreme Court and High Courts.
Powers Of Lok Sabha Lok Sabha makes Laws, on matters included in Union List and Concurrent List and can introduce and enact money and non-money bills Lok Sabha approves proposals for taxation, budgets, and annual financial statements. Lok Sabha establishes committees and commissions and considers their reports. Regarding Money Bills, the Lok Sabha has the exclusive power and hence, the Rajya Sabha cannot initiate, reject, or amend money bills Amendment/s made by the Rajya Sabha to the Money Bill may or may not be accepted by the Lok Sabha.
Powers Of Raiva Sabha Rajya Sabha considers and approves non-money bills and suggests amendments to money bills. Rajya Sabha approves constitutional amendments. Rajya Sabha can give the Union parliament power to make laws on matters included in the State list. Rajya Sabha has some special powers. If the Union Parliament wishes to remove a matter from the State list (over which only the State Legislature can make law) to either the Union List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is essential
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