indian cnst..PBE

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THE CONSTITUTION OF INDIA

Introduction : 

Introduction 1945, British Prime Minister Clement Attlee formulated a cabinet mission for the transfer of power from the British Raj to Indian leadership. Elected members of the provincial assemblies. Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranajan Ghosh were some important figures in the Assembly. Its provisional president was Dr.Sacchidananda Sinha. The 1945 British Parliamentary Delegation in India. Jawaharlal Nehru signing the Constitution of India.

Structure of the Union Government : 

Structure of the Union Government The Constitution was introduced by Dr. Ambedkar India, adopted a Parliamentary form of government, with the President as the nominal head of the Executive and the Prime Minister and the Council of Ministers wielding actual power.

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Dr.Rajendra Prasad - President of the Constituent Assembly A Constitution Drafting Committee was formed to draft a Constitution for India Chairman was Dr.Bhima Rao Ambedkar The Constitution of India came into effect on 26 January 1950 - Republic Day Dr.Rajendra Prasad Dr.B.R.Ambedkar

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The Central, State Governments, Union Territories, their offices, the Supreme Court, High Courts, other Courts, the Election Commission of India and all other Government bodies function on the basis of the broad guidelines of the constitution. The Constitution of India is a lengthy written document I. The Preamble II. The Articles (395 in number divided into 22 parts) III. The Schedules (12 in number in A.D. 2000) IV. The Appendix and V. The Amendments (83 in number in A.D. 2000)

Salient features of Indian Constitution : 

Salient features of Indian Constitution Framed by the People of India Derived from Various Sources Sovereignty of the People Republican Polity Secular Polity Fundamentals Rights and Duties Directive Principles of State Policy Universal Adult Franchise Recognition of Hindi as an Official Language Judicial Review Unique Blend of Rigidity and Flexibility

The Preamble : 

The 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, faith 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, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION” ø

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Interpretation:- lays down the most important national goals which every citizen and the government must try to achieve —justice, liberty, equality, and fraternity. Sovereign means supreme or independent. Socialist means the absence Of discrimination on the grounds only of caste, color, creed, sex,  religion, or language.

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Secular means every person has the right to practice and propagate any religion they choose. Democracy means the people of India elect their governments at all levels. Republic means as opposed to  monarchy.

Framed by the People of India : 

Framed by the People of India Prior to it, the British Parliament enacted all the constitutions. The Constituent Assembly called a representative body decided to give representation to all sections of society as well as to all shades of opinion.

Directive Principles of State Policy : 

Directive Principles of State Policy The Fundamental Rights divided into 2 categories: Those that were granted immediately Those that would be granted in future if and when they were capable to do so. Nonenforceable are the fundamental principles of governance which ‘the State’ (i.e. the Government and Parliament of India the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of Government of India is required to take cognisance of.

Derived from Various Sources : 

Derived from Various Sources Fundamental Rights and Supreme Court from the U.S.A. Directive Principles of State Policy from Ireland. Emergency from Germany. Distribution of legislative powers from Canada. Parliamentary Institutions from the United Kingdom.

Sovereignty of the People : 

Sovereignty of the People Prior, the supreme authority lay in the British Parliament. Even the Indian Independence Act, 1947 through which India got independence recognized the supremacy of the British Parliament. The Constitution declares the people of India to be the supreme authority.

Republican Polity : 

Republican Polity Prior, the British king was the Head of the State who owed his office to the laws of Inheritance. The Constitution provides for the republican form of polity in India.

Secular Polity : 

Secular Polity It has been used in the sense of absence of discrimination on grounds of religion and equal respect for all religions.

Fundamentals Rights and Duties : 

Fundamentals Rights and Duties The leaders of the Indian National Movement always demanded for the inclusion of Fundamental Rights in the Constitution of India. This provision was inserted in the Constitution in the 42nd Amendment Act, 1976. The Constitution provides for Fundamental Rights and Fundamental Duties of the citizens of India

Judicial Review : 

Judicial Review The Constitution provides for the judicial review of the Acts of Legislatures of both, the Union and States as well as of the activities of the executives Union and State.

Universal Adult Franchise : 

Universal Adult Franchise According to the Government of India Act, 1935, granted only 14% of the people a right to vote.

Recognition of Hindi as an OfficialLanguage : 

Recognition of Hindi as an OfficialLanguage The Constitution recognizes Hindi as the official language of the Indian Union. Besides Hindi, the Constitution also recognizes seventeen other Indian languages as regional languages.

Unique Blend of Rigidity andFlexibility : 

Unique Blend of Rigidity andFlexibility The Constitution provides for an amending procedure. Some provisions of the Constitution can be amended by simple majority of the two Houses of Parliament

Other Features : 

Other Features Comprehensive Document:- Later addition of various Articles and Schedules. Parliamentary Democracy:- elections are held at regular intervals for choosing the representatives of the people. Affirmative Action: action by the State to improve the conditions of the weaker sections of society by providing reservations in the legislatures and government jobs.

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Emergency Provisions:- provisions for national emergency, failure of constitutional machinery and financial emergency. Independent Agencies:- The Constitution also provides for some Independent Agencies to perform functions allotted to them.

Parts : 

Parts Part I - Union and its Territory Part II - Citizenship. Part III - Fundamental Rights. Part IV - Directive Principles and 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 - Panchayat system and Municipalities. Part X - The scheduled and Tribal Areas Part XI - Relations between the Union and the States.

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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 and Tribunals 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. Part XXIII - Temporary, Transitional and Special Provisions Part XXIV - Temporary, Transitional and Special Provisions

Schedules : 

Schedules 1st Schedule— States and Union Territories. 2nd Schedule— Emoluments for High-Level Officials. 3rd Schedule— Forms of Oaths. 4th Schedule— Allocation of the number of seats in the Rajya Sabha per State or Union Territory 5th Schedule— Provisions for the administration and control of Scheduled Areas and Scheduled Tribes 6th Schedule— Provisions for the administration of tribal areas in Assam; 7th Schedule— The Union (central government), State, and Concurrent (dual) lists of responsibilities 8th Schedule— The Official Languages 9th Schedule— Article 31B- land and tenure reforms; the accession of Sikkim with India 10th Schedule— Anti-Defection provisions for Members of Parliament and Members of the State Legislatures 11th Schedule— Panchayat Raj (Rural Development); 12th Schedule— Municipality (Urban Planning).

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Thank You