THE MAKING OF THE INDIAN CONSTITUTION

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Indian Constitution

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MAKING OF THE INDIAN CONSTITUTION:

1 MAKING OF THE INDIAN CONSTITUTION Date of Adoption 26-11-1949 Date of commencement 26-01-1950

HIGHLIGHTS:

2 HIGHLIGHTS Framed by a Constituent Assembly. One of the best constitutions in the world. Detailed Preamble 395 articles in 22 parts. 12 schedules, 102 Amendments.

Historical retrospect Events Prior to the Framing of the Constitutions :

3 Historical retrospect Events Prior to the Framing of the Constitutions Battle of Plassey 1757. Battle of Buxar 1764. After these two battles the East India Co Became the rulers.

Mile stones in the Development of Constitution:

4 Mile stones in the Development of Constitution The Regulating Act 1773. The Charter Act 1793. The Charter Act 1813. The charter Act 1833. The charter Act 1853.

British Paramountcy End of company rule:

5 British Paramountcy End of company rule The First war of independence 1857. The Govt. of India Act 1858. The Indian Councils Act 1861. Formation of Indian National Congress in 1885. The Indian Councils Act 1892. The split of Congress and demand for swaraj ( self - Rule)

Congress in Extremist phase:

6 Congress in Extremist phase The Govt. of India Act 1909. The Govt. of India Act 1919. Jallian wallah Bagh tragedy 1919.

Advent of Gandhiji:

7 Advent of Gandhiji Non Co-operation Movement 1920. Simon Commission 1927. Nehru Report 1928. Civil disobedience 1930.

Govt. of India Act 1935 Back bone of our Present Constitution:

8 Govt. of India Act 1935 Back bone of our Present Constitution Federation and provincial autonomy. Dyarchy at the centre. A bicameral Central legislature created. Distribution of powers between centre and provinces.

Demand for a constituent assembly :

9 Demand for a constituent assembly The Act of 1935 failed to satisfy the Indian aspirations. In 1938, Pandit Nehru formulated the demand for constituent assembly.

Cripps Mission Acceptance of demand:

10 Cripps Mission Acceptance of demand Cripps mission came in 1942 and recognised the demand that. a constitution to be framed by an elected constituent assembly. India to be given a dominion status. Cripps proposal were rejected Gandhi ji started Quit India Movement in 1942.

Cabinet Mission 1946 formation of Constituent assembly:

11 Cabinet Mission 1946 formation of Constituent assembly The cabinet mission provided for an indirectly elected Constituent assembly. The assembly consisted of total 389 members. 292 to be elected from provinces. 93 to be nominated from princely states. 4 to be nominated from chief comm. Areas.

Joint Constitution assembly for India & Pakistan.:

12 Joint Constitution assembly for India & Pakistan. The first meeting of the consembly was held on Dec. 9, 1946. But it was boycotted by Muslim league. Muslim league demanded a separate assembly for Pakistan.

Mountbatten plan Indian independence Act 1947.:

13 Mountbatten plan Indian independence Act 1947. On 26 th July 1947 Governor General Lord Mountbatten announced the setting up of a separate constituent Assembly for Pakistan.

Constituent assembly of India:

14 Constituent assembly of India On 14 th August 1947 the Sovereign con-sembly for India reassembled. Dr Rajinder Prasad was elected its President. Seven member drafting committee formed. Dr. B.R. Amdedkar acted as chairman of drafting committee.

Drafting of Constitution. :

15 Drafting of Constitution. It took 2 years, 11 months, and 18 days in framing the Constitution. The Constitution was enacted and adopted on 26 th November 1949. Some of the provisions relating to citizenship, elections, provisional parliament etc came into force on the same day. Remaining provisions came into force on 26 th January 1950.

Salient features:

16 Salient features Written constitution. Enacted Constitution. Lengthy Constitution.

Preamble:

17 Preamble WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do hereby ADOPT,ENACTAND GIVE TO OURSELVES THIS CONSTITUTION.

Constitution Drawn from different sources :

18 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

PARLIAMENTARY FORM OF GOVT.:

19 PARLIAMENTARY FORM OF GOVT. Parliament President indirectly elected Rajya sabha indirectly elected Lok sabha directly elected Two types of Executive President is nominal executive. Prime Minster and his council of ministers as real executive.

QUASI FEDERAL Strong centre:

20 QUASI FEDERAL Strong centre FEDERAL FEATURES Two sets of Govts. Division of powers Independent judiciary Supremacy of the constitution. UNITARY FEATURES Emergency provisions. Single citizenship Residuary powers lie with the centre Change the boundary of a state. All India services IAS IPS IFS

PARTLY RIGID PARTLY FLEXIBLE:

21 PARTLY RIGID PARTLY FLEXIBLE RIGID CONSTITUTION Amending procedure is difficult FLEXIBLE CONSTITUTION Amending procedure is easy PROCEDURE FOR AMMENDMENT Article 368 (i) Simple majority in both houses (ii) Special Majority in both houses (iii) Special Majority + consent of < half of states

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