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Our Constitution

Rules and Laws

• The family is the basic unit of society, comprising various institutions and organizations.
• The efficient functioning of all such units hinges on rules and laws recognized by a country or community.
• These rules regulate members' actions, ensuring safety and order.
• Individuals must follow regulations.

Rule of Law

• The rule of law dictates that all citizens are equal regardless of caste, religion, sex, or economic status.
• Everyone, including government officials and elected representatives, is subject to the same laws.
• The rule of law is fundamental to a democratic system and all forms of equality.
• Those in power should not act arbitrarily or unlawfully; common people need legal protection to enjoy equal rights.
• Discharging responsibilities is crucial for maintaining equal rights.

The Constitution

• A constitution is a set of fundamental rules governing a country's government.
• It outlines the powers and functions of governmental bodies and their relationships with each other and with citizens.
• The Indian Constitution serves as the cornerstone of Indian democracy and the primary source of its laws.
• It outlines the fundamental principles on which laws are based and how the country operates.

Need of Constitution

• India's vastness encompasses varied physical, cultural, and social landscapes.
• Despite differences in language, region, beliefs, actions there are still shared commonalities.
• The Constitution establishes a set of rules, principles, and laws widely acceptable as the foundation for national life and it serves as a multi-purpose document.
• It addresses needs, requirements, and goals.
• The Constitution defines the nature of the country's political system, offers direction for decision-making in a democratic setup.
• Rules and safeguards are set to prevent power misuse, equal rights are guaranteed for social, political, and economic justice.
• It is designed to protect minority rights, safeguard national interests, prevent biased decisions that could alter the basic structure, and plays a key role in democratic progress towards desired outcomes.

Vision and Values of Indian Constitution

• A country’s constitution embodies its unique features, culture, and ethos.
• The French and U.S. Constitutions were born out of political revolutions, while the British Constitution evolved gradually and remains unwritten.
• The Indian Constitution is the product of detailed discussions by the Constituent Assembly, an indirectly elected body.
• The Assembly included members representing Hindus, Muslims, Sikhs, Anglo-Indians, Christians, Harijans, Parsis, as well as 15 female.
• It featured eminent figures like Jawaharlal Nehru, Vallabhbhai Patel and Dr. Rajendra Prasa, guaranteeing justice, equality, and freedom, also focusing on ending exploitation of society’s deprived.

The Preamble

• The Preamble introduces the Constitution and states aims, objectives, and political philosophy, and is considered the soul of the Indian Constitution.
• Courts use the Preamble as a key for interpreting the document.

Key Features of the Indian Constitution

• The Indian Constitution incorporates principles cherished by freedom movement leaders.
• It also integrates the best elements from the constitutions of England, USA, Canada, and Ireland.
• The constitution is a good mix of ideals, rules, aspirations, and rules.

Foreign Constitutions Borrowed by Indian Constitution

The British Constitution

• The British Constitution established the Constitutional Head of State (Queen of UK), the idea of the Preamble and the Cabinet System.
• It formalized the Parliamentary Government type, Bicameral Legislature, and making Lok Sabha more powerful than Rajya Sabha.
• The British constitution established the collective responsibility of the Council of Ministers.
• There were also defined privileges of the Lok Sabha Speaker, and the Members of Parliament.

The American Constitution

• The foundations were in a written constitution and the federal system.
• In America, the Head of the State is called President and there is provision for a Supreme Court.
• Provinces are known as States and the Rajya Sabha represents the States like the US Senate.

The Constitution of Canada

• The Constitution of Canada stipulated that India is known as Union of States.

Constitution of Ireland

• The Constitution of Ireland introduced the principles of state policy.

Constitution of USSR

• The Constitution of USSR established fundamental Duties.

BASIC FEATURES OF OUR CONSTITUTION

Unique Constitution

• It is tailored to suit its needs and conditions by modifying and adapting features from various constitutions.
• The document incorporates ideals and the aspirations of its people.

The Lengthiest Constitution

• The Indian Constitution is extensive and detailed, featuring 22 parts, 395 articles, and 12 schedules.
• The Constituent Assembly took 2 years, 11 months, and 18 days to draft the document.
• The Constitution was adopted on November 26, 1949, and it went into effect on January 26, 1950.

Written Constitution

• The Indian Constitution is written and was carefully drafted and enacted by the Constituent Assembly.
• The assembly was elected and presided over by Dr. Rajendra Prasad, and and the drafting committee was lead by Dr. B.R. Ambedkar.

Rigid and Flexible

• Amendment procedures determine if a constitution is rigid or flexible, a rigid constitution is difficult to amend.
• The Indian Constitution combines rigidity and flexibility, democratic governance with potential for modification and has three methods of amendment.

PROCEDURES OF AMENDMENT OF INDIAN CONSTITUTION

By Simple Majority

• Constitutional provisions can be revised through a simple majority vote, requiring approval from a majority of members present and voting in both Houses of Parliament.

By Special Majority

• The amendment bill needs approval from both Houses of Parliament, requiring an absolute majority of total membership and a two-thirds majority of present and voting members.

Special Majority and Ratification

• After a bill passes with a special majority in both houses, it must be approved by the legislatures of at least half the total states

INDIA

India is a Sovereign, Socialist, Secular and Democratic Republic

• India is a state free from external control that can make internal decisions with no outside interference.
• India is a state working towards socialism as a national goal, and will try to establish economic justice, without being committed to a particular ideology.
• India is a state where all religions have equal freedom with fundamental rights with no official state religion.
• India is where the government is elected by the people under basic rules.
• India is a republic country because the President is elected, and England is not, it is a hereditary-king/queen.

Parliamentary Form of Government

• India's government has a parliamentary structure at both central and state levels adopted from the British.
• There is an interwoven dynamic between the legislature and the executive bodies.
• The Council of Ministers is formed from members of the legislature who remain in office as long as they maintain the legislature's confidence.
• India's President is a nominal head; most powers are exercised by the Council of Ministers.

Federal and Unitary

• India features a federal system, where powers are shared between the center and states, alongside a unitary system with a strong central government.
• There is an independent judiciary to resolve issues that settles disputes with elements of a unitary state.

Universal Adult Franchise

• Every Indian citizen 18+ can vote without discrimination, based on equality and allowing citizens to participate in the governance through elected representatives.

Single Citizenship

• India has single citizenship, regardless of residence within India, all have equal opportunity to employment anywhere in the country.
• Self-identification is by language and not citizenship.
• India has a single integrated judicial system without separate federal and state courts.

Single Integrated Judicial System

• The Supreme Court of India and the High Courts are an integrated system, with jurisdiction over all laws.
• The High Courts have oversight over all subordinate Courts, the structure and independence ensures free from influence.
• There are fundamental rights, directive principles, State Policy and fundamental duties.
• They prescribe obligations to citizens and the state which are vital elements of the Constitution.

Fundamental Rights, Fundamental Duties and Directive Principles of State Policy

Fundamental Rights

• The Constitution’s ideals are reflected in rights for all.
• After British slavery, people wanted to be free, have free education, and freedom of religion.
• Provisions help to achieve goals and aspirations.
• Fundamental Rights are essential for individual development and dignity, particularly after civil and political rights were denied.
• The Constitution of India provides six such rights.
• Right to equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
• Right to property was formerly included, but one amendment removed it.

Right to Equality

• Includes equality before the law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability and titles.

Right to Freedom

• Includes freedom of speech, peaceful assembly, forming associations, free movement, residence in India, and practicing any profession.
• Provisions include protection for conviction of offence, life and liberty, protection against arrest, and right to education.

Right against Exploitation

• Includes the prohibition of human trafficking and forced labor, as well as child employment under 14 years especially in hazardous jobs

Right to Freedom of Religion

• Includes freedom of conscience, managing religious affairs, no taxes for religion, and no religious instructions in schools State funds.

Cultural and Educational Rights

• Guarantees to preserve culture but the state is also permitted to administer institutions.

Right to Constitutional Remedies

• There are not only listed fundamental rights but has their violation remedies.
• A citizen can request the Courts to issue writs for her/his rights-Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
• The rights are guaranteed for citizens against the government.
• If violated one can move to the court of law and seek justice.
• The Constitution imposes certain restrictions to check the abuse of these rights.

Restrictions on Fundamental Rights

• Fundamental Rights aren't absolute; restrictions can exist to protect community interests while some restrictions are not justified for safety and integrity.
• Restrictions include preventing spread of disease, profession practices, and freedom of expression.

Fundamental Duties

• If one does not perform Duties then others cannot enjoy their rights.
• In 1976 duties were added to Constitution through amendment as every citizen is expected to fulfil obligations.
• Duty is to respect the Constitution and national symbols.
• Citizens must cherish ideals, protect unity, defend the nation, promote harmony, preserve heritage.
• Citizens must protect the environment, develop scientific temper, safeguard public property.
• Aim to strive for excellence, provide education opportunity.

DIRECTIVE PRINCIPLES OF STATE POLICY

• State Policy are constitution guidelines for governments to frame policies that achieve national goals and establish a welfare state.
• The guidelines from Dr. B.R. Ambedkar, will transform India into a social democracy.
• Although there are multiple State Policy, they group in economic, social, Gandhian, and international peace principles.

(a) Economic Principles

• (i) To secure equal pay for equal work for both men and women.
• (ii) To provide adequate means of livelihood for all.

(b) Social Principles

• (i) To make efforts to raise the standard of living and public health.
• (ii) To guard children against exploitation and moral degradation.

(c) Gandhian Principles

• (i) To organise village Panchayats.
• (ii) To promote cottage industries.

(d) Principles related to International Peace and Security

• (i) To maintain just and honourable relations between nations.
• (ii) To promote international peace and security.

Significance of Directive Principles of State Policy

• These State Policy are non or moral, the moral welfare of people are the concern.
• Many principles have been implemented for Fundamental Rights, such as Right to Education
• Wildlife Protection Acts has been passed.
• National has been established.
• Right to Work act has been implemented for MNREGA.

SECULARISM

• According to the State, Indian secularism has aspects.
• Citizens in India can practise and be free to believe of religious choice.
• Each group has the freedom to manage relations.
• The State will not discriminate on the basis of religion it provides any religion
• The attitude of being secular has several ways ways at constitution at various ways.
• The Preamble assures liberty and worship.
• It safeguards rights and freedom.
• This allows all citizens freedom on religious matters as well as not interfering with beliefs.

Significance

• Secularism is desired but essential for society, it is also related to values equality and freedom
• It is to live harmony in all, equal rights, protect minority and safegaurds limits.
• In 1976 the word secular was introduced in the Constitution and reiterate its importance.

INDIAN SECULARISM

• The State can allow exceptions, state funding is not permissible.
• It is aimed at eliminating religious stigma.

The Union Government: The Legislature

• India's federal government structure addresses its socio-economic linguistic diversity. The aim of being harmonizing opposing forces to pursue shared national objectives under the government.
• The government has national, state, and grassroot levels as well as state governments and local self-governance and local government. It has own government a Governor and a council a Chief Minister.
• The Indian government includes Legislature. executive and judiciary.

The Union Legislature

• The Union Legislature is called the Parliament, which consist of the Lok Sabha and Rajya Sabha.
• The Union includes The President, ministeries , India Judiciary.
• The Chief Justice of India .

Union and State Jurisdiction

• The division of powers between the Union and State Governments is based on three lists to separate those governments.
• The Union List includes national importance as well as power to act legislate.
• The State contain government matters like public health.
• The Concurrent includes and.

The Union Legislature

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LOK SABHA- THE HOUSE OF THE PEOPLE

• The maximum strength of Lok Sabha is 550: 530 members are directly elected, and 20 are from the Union Territories.
• Elections use secret ballots. The President can nominate members.
• Seats are reserved who can contest, and is joint.
• The weaker are into the national mainstream.

Facts about Distribution of Seats in the 16th Lok Sabha

• Largest number of Constituencies are in Uttar Pradesh (80).
• Mizoram, Nagaland (01), , Tripura (02).
• of has 17 constituencies.
• The Territory of Delhi 07 constituencies.
• Other Territories 06 constituencies.

Qualifications

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Tenure

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Powers and Functions of the Speaker

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THE RAJYA SABHA

• The maximum strength of Rajya Sabha is 250. 12 members are nominated and state assemblies.
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POWERS AND FUNCTIONS OF UNION PARLIAMENT

Legislative Powers

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Judicial Powers

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Electoral Functions

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The Union Government: The Executive

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