indian constitution

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Formative Assessment - II Name - Akash Mittal Roll no. - 1 CLASS -IX Sub - SST SECTION -C

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DEFINITION “IT IS A SET OF LAWS AND RULES SETTING UP THE MACHINERY OF THE GOVERNMRNT OF A STATE AND WHICH DEFINES AND DETERMINES THE RELATIONS BETWEEN THE DIFFERENT INSTITUTIONS AND AREAS OF GOVERNMENT, THE EXECUTIVE, THE LAGISLATURE AND THE JUDICIARY, THE CENTRAL, THE REGIONAL AND THE LOCAL GOVERNMENTS.”

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Introduction to Law India as a nation is a democratic republic following the principles set forth in the constitution including secularism , federalism , democratic representation and independent freedom to the three pillars of the society i.e. legislature, judiciary and bureaucracy “A law is a rule of conduct imposed and enforced by the sovereign” Austin

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Indian Legal System

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Working of the Indian Legal System Constitution Legislature Representative of the people and makers of the law Lok sabha/Rajya Sabha State Legislature Judiciary Responsible for up holding the constitution & legal principles. Deciding Power Bureaucracy Responsible for the support to the governmental tasks including administration, etc. Includes police and other authorities. Enforcement responsibilities

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Legislature makes the law, with the center covering the principle list of activities including tax, labour laws, company affairs etc. State legislature makes state level laws within the state list (as per constitution). There are common areas but the same have overriding powers to the central government LEGISLATURE

BUREAUCRACY: 

BUREAUCRACY Bureaucracy at central and state level provides support to the legislature. This is not a subordinate function but a facilitation function.

JUDICIARY: 

Judiciary is responsible for upholding the law. The highest court is Supreme Court , followed by State level High Courts and then by subordinate courts . The legal provisions are of two kinds Civil Laws and Criminal Laws Civil Laws are such laws that are protecting rights given to citizens through laws like contract, etc. and also enforced by citizens Whereas Criminal laws are rights given to citizens by the constitution and protected by the state . In many cases the said rights overlap JUDICIARY

CRIMINAL LAWS : 

CRIMINAL LAWS Definition: Criminal law also known penal law is the body of statutory law that deals with crime and the legal punishment of criminal offences. Type Of Punishment: A guilty defendant is punished by either imprisonment in a jail or fine paid to the government or in exceptional cases the death penalty. Examples: Theft by (deception or unlawful taking), murder,assault,robbery, trafficking in controlled substances, alcohol intoxication etc.

CIVIL LAWS: 

CIVIL LAWS Definition: Civil law deals with the disputes between individuals,organisations or between the two in which compensation is awarded to the victim. Type of Punishment: A defendant in civil litigation is never imprisoned and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendants behavior. Examples: Landlord/Tenant disputes,divorce proceedings, child custody proceedings, property disputes (real estate or material)

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PREAMBLE

PREAMBLE : 

PREAMBLE IT IS AN INTRODUCTORY STATEMENT OF INDIAN CONSTITUTION. IT IS THE MAIN PHILOSOPHY OF CONSTITUTION

COMPONENTS OF PREAMBLE: 

COMPONENTS OF PREAMBLE DECLARATIVE : PURPOSE OF THIS PORTION IS OBVIOUSLY DECLARATORY AND ASSERTIVE REGARDING THE CONSTITUTION BY THE PEOPLE OF INDIA. OBLIGATORY: IT IS THE OBJECTIVE PART OF PREAMBLE SOME OF THE IMPORTANT WORDS IN THE PREAMBLE: SOVEREIGN SOCIALIST SECULAR: DEMOCRATIC REPUBLIC

FUNDAMENTAL RIGHTS AND DUTIES : 

FUNDAMENTAL RIGHTS AND DUTIES COMES UNDER PART III AND PART IV OF THE CONSTITUTION PART III CONTAINS 24 ARTICLES FROM 12-35 THESE RIGHTS CAN BE CLASSIFIED INTO SIX GROUPS: A) RIGHT TO EQUALITY B) RIGHT TO PARTICULAR FREEDOM C) RIGHT AGAINST EXPLOITATION D) RIGHT TO FREEDOM OF RELIGION E) CULTURAL AND EDUCATIONAL RIGHTS F) RIGHT TO CONSTITUTIONAL REMEDIES

SOME OF THE DUTIES ARE: : 

SOME OF THE DUTIES ARE: TO RESPECT IDEALS, AND INSTITUTIONS AND SYMBOLS SET UP BY THE CONSTITUTION, TO DEFEND THE UNITY AND INTEGRITY OF THE COUNTRY AND RENDER NATIONAL SERVICE IN DEFENCE OF ITS INDEPENDENCE, TO VALUE THE RICH HERITAGE OF INDIA’S COMPOSITE CULTURE AND TO PROMOTE SPIRIT OF HARMONY AND BROTHERHOOD RISING ABOVE NARROW SECTARIAN FEELINGS, TO FOLLOW THE NOBLE IDEALS WHICH INSPIRED OUR NATIONAL STRUGGLE AND TO DEVELOP A SCIENTIFIC TEMPER, HUMANISM AND THE SPIRIT OF INQUIRY AND REFORMS, TO SAFEGUARD PUBLIC PROPERTY AND AVOID VIOLENCE, AND TO STRIVE TOWARDS EXCELLENCE IN ALL SPHERES OF ACTIVITY.

Constitution Drawn from different sources : 

Constitution Drawn from different sources Parliamentary system Rule of law Fundamental Rights Judicial Review Post of Vice president Emergency provisions Fundamental duties Concurrent list Directive Principles United Kingdom United Kingdom U.S.A U.S.A U.S.A Germany Russia Australia Ireland

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INDIAN ADMINISTRATIVE SYSTEM

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VEDIC TIMES

VEDIC TIMES: 

VEDIC TIMES MONARCHIAL (KING/ QUEEN) PUBLIC ADMINISTRATION

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EMPIRES PERIOD

EMPIRES PERIOD: 

EMPIRES PERIOD EMPIRES PROVINCES STATE ADMINISTRATION   DISTRICT NUMEROUS DEPARTMENTS  URBAN RURAL EMBASSIES DEVELOPMENT FOR OBSERVATION AND INSPECTION

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DURING MAURYAN ADMINISTRATION

DURING MAURYAN ADMINISTRATION: 

DURING MAURYAN ADMINISTRATION CENTRAL OFFICERS, SUBORDINATED BY, - PROVINCIAL - DISTRICT - VILLAGE OFFICERS GOVERNMENT OFFICERS(HEAD- MINISTRY OF ADVISOR) - CITY OFFICERS - MINISTRY - VILLGE

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BRITISH RULE ADMINISTRATION SYSTEM

BRITISH RULE ADMINISTRATION SYSTEM: 

BRITISH RULE ADMINISTRATION SYSTEM PROVINCES (60%) COMPLETELY UNDER BRITISH CONTROL 1. DISTRICT –DISTRICT OFFICER 2. THALUK-HEAD MAN PRINCLY STATES (40%) STATES IN BRITISH INDIA CONTROLED BY LOCAL RULER OR KING.

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POLITICAL ADMINISTRATION

POLITICAL ADMINISTRATION: 

POLITICAL ADMINISTRATION BEFORE INDEPENDENCE-LIBERAL DEMOCRATIC SYSTEM AFTER INDEPENDENCE-REPUBLIC SYSTEM ELECTION HELD AT 3 LEVELS NATIONAL STATE CITY,TOWN AND VILLAGE

SYSTEMS OF POLITICAL ADMINISTRATION: 

SYSTEMS OF POLITICAL ADMINISTRATION PARLIAMENT INDIAN JUDICIARY PANCHAYAT RAJ

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PARLIAMENT

PARLIAMENT: 

PARLIAMENT CONSISTS OF ONE PRESIDENT RAJYA SABHA LOK SABHA

THE PRESIDENT: 

THE PRESIDENT HEAD OF STATE AND FIRST CITIZEN OF INDIA SUPREME COMMANDER OF THE INDIAN ARMED FORCES RESPONSIBILITY-MANAGING EXECUTIVE POWERS IN ACCORDANCE WITH CONSTITUTION. ASSISTANCE FROM COUNCIL OF MINISTERS.

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MODE OF ELECTION ELECTED MEMBERS OF BOTH HOUSES AND ELECTEDMEMBERS OF LEGISLATIVE ASSEMBLIES. POWER AND DUTIES 1 EXECUTIVE 2 LEGISLATIVE 3 JUDICIARY

RAJYA SABHA: 

RAJYA SABHA IT IS A PERMANENT BODY. MEMBERS SHOULD HAVE THE AGE OF 30 AND ABOVE. ELECTED BY THE LEGISLATIVE ASSEMBLIES OF THEVARIOUS STSTES. 12 MEMBERS ARE NOMINATED BY THE PRESIDENT. THESE MEMBERS SHOULD HAVE DISTINCTION IN THE FIELDS OF ARTS, LITERATURE,SCIENCES AND SOCIAL SERVICE. 1/3 OF MEMBERS ARE RETIRED EVERY 2 YEARSS.

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OFFICERS 1. EX-OFFICIO CHAIRMAN (VICE PERSIDENT) 2. DEPUTY CHAIRMAN. FUNCTIONS 1. LEGISLATIVE 2. FINANCIAL PASSING OF MONEY BILLS. RAJYA SABHA WILL RECOMMEND THIS BILL WITHIN 14 DAYS. LOK SABHA ACCEPT OR REJECT THESES RECOMMENDATIONS. 3. ADMINISTRATIVE –JUDGEMENTAL ACTION OF GOVERNMENT.

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4.CONSTITUENT FUNCTION 5.MISCELLANEOUS FUNCTION. The Vice-President of India is elected by an electoral college consisting of members of both Houses of Parliament. Participation in the election of president of India. A Judge of Supreme Court or a High Court may be removed for misbehavior passed by both houses. The approval of the council of states is necessary for the continuance of a proclamation of emergency .

THE HOUSE OF THE PEOPLE (LOK SABHA): 

THE HOUSE OF THE PEOPLE (LOK SABHA ) Members are elected by the people. Eligibility criteria:- Citizen of an India 25 yr and above Members can be selected from state and union territories.

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SPEAKER DEPUTY SPEAKER RESPONSIBILITY-CONDUCT OF MEETING. CURRENT MEMBERS-545 530 ARE FROM STATE 13 ARE FROM UNION TERRITORIES. 2 NOMINATED MEMBERS ARE REPRESENTING THE ANGLO INDIAN COMMUNITY.

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FUNCTIONS LEGISLATIVE FINANCIAL-MONEY BILL IT SHOULD BE PASSED BY L.S THROUGH AUDITING AND WILL TRANSMITT TO R.S 3 . ELECTORAL ELECTING PRESIDENT AND VICE PRESIDENT. 4. EXECUTIVE –CONSTANT CONTROL OF THE HOUSE OVER GOVERNMENT.

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INDIAN JUDICIARY

INDIAN JUDICIARY: 

INDIAN JUDICIARY The Judicial system comprises of Supreme Court, High courts, District courts and Lok adalats . Supreme Court of India The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court of India is that of a centralized court, protector of the Constitution and the highest court of appeal. The Supreme Court has special advisory jurisdiction in matters, which may specifically be referred to it by the President of India under Article 143 of the Constitution.

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High Courts of India The High Courts are the principal national courts of original jurisdiction in the state, and can try all offences including those punishable with death. The work of most High Courts consists of Appeals from lowers courts and summons or petitions in terms of Article 226 of the Constitution of India.

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District Courts of India The District Courts of India are controlled over by a judge. They govern justice in India at a district level. These courts are under governmental and judicial control of the High Court of the State .

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PANCHAYATRAJ

PANCHAYATRAJ: 

PANCHAYATRAJ It was adopted by state governments during the 1950s and 60s laws were passed to establish Panchayats in various states. It also found backing in the Indian Constitution . Panchayat at Village Level: Panchayat consists of Gram Sabha, Gram Panchayat and Nyaya Panchayat.

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Gram Sabha: Gram Sabha elects the members of Gram Panchayat from its members. It elects Sarpanch and Deputy_Sarpanch of the village Panchayat.

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Gram Panchayat: It is the executive organ of the Gram Sabha and an agency for planning and development at the village level. It caters to a population of 200ft Functions include civic administration, including and public health and social and economic development of village.

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NyayaPanchayat: It is the judicial organ of the Gram Sabha. There is one Nyaya Panchayat for a group of 5 Village Panchayats. The Nyaya Panchayat tries civil cases and minor criminal offences.

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At the Block Level: The block consists of about 100 villages and a population of about 59000 to, l29000 The Panchayat Samiti consists of all Sarpanchas (heads) of Village Panchayats in the Block. The Block Development Officer is the Ex-officio Secretary of the Panchayat Samiti. The prime function is the execution of the community development.

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At the District Level. Zila Parishad: It is the agency of rural local self government at the district level. The members of Zila Parishad include heads of the Panchayat Samitis in the district, MPS, MLAS of the district representatives of scheduled_castes, scheduled tribes and 2 persons of experience in a administration, public life or rural development.