Summary

This document presents an overview of the Indian Constitution, covering topics like its significance, creation, features, and principles. It details the structure, including constituent assembly, fundamental rights, and directive principles of state policy.

Full Transcript

Session 1 Indian Constitution Indian Constitution What is Constitution? What is the Significance of the Constitution? Making of Indian Constitution; The Constituent Assembly of India. The Preamble to the Indian Constitution. Salient Feature of the Indian Constitution. What is Con...

Session 1 Indian Constitution Indian Constitution What is Constitution? What is the Significance of the Constitution? Making of Indian Constitution; The Constituent Assembly of India. The Preamble to the Indian Constitution. Salient Feature of the Indian Constitution. What is Constitution? Body of Rules and Regulations (Document) Written or Unwritten State and its authority in relation to the people First Law of the Land Fundamental Law Base or Source for other legislations in the State Significance of the Constitution A state without constitution is unthinkable. Hence modern States are Constitutional States. Regulates the arbitrary authority of the Government Explains the organs of the Government and their functions determines nature of state Social, Economic and political aspects of the people Rights and Duties Making of the Constitution: The Constituent Assembly of India The Constitution making process was organised around the deliberations The Cabinet Mission Plan members elected by the Provincial Legislative Assembly 292 the Princely States 93 Chief Commissioner’s Provinces 4 total membership to 389 After partition, the total number of seats came down to 299. Dr. Rajendra Prasad and H.C. Mukherjee were elected as the President and Vice-President respectively On 9th December 1946, the Constituent Assembly sat for the first time. In the span of 2 years and 11 months and 18 days, it completed its task of framing the Indian Constitution. During this period the Constituent Assembly had 11 sessions and sat for a total of 165 days. On 26th November the Constituent Assembly adopted the Constitution which came into force on 26th January1950. Drafting Committee On 29th August 1947, the Constituent Assembly through a resolution appointed a Drafting Committee to “..scrutinise the draft of the text of the Constitution of India prepared by Constitutional Adviser, giving effect to the decisions already taken in the Assembly and including all matters which are ancillary thereto or which have to be provided in such a Constitution, and to submit to the Assembly for consideration the text of the draft constitution as revised by the committee” B.R Ambedkar as its Chairman Members Alladi Krishnaswami Ayyar, N. Gopalaswami, K.M Munshi, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan. B.N Rau, the Constitutional Advisor. Prepared first draft in February 1948 People of India given 8 months to discuss and propose amendments Second draft in October 1948 Dr. Ambedkar gave satisfactory and convincing replies and clarifications Showed zeal and devotion Chief Architect of the Indian Constitution Preamble Introductory text Vision for the nation and people Aspiration of the people Philosophy of the constitution Basic feature and soul of the constitution Salient Feature of the Indian Constitution 1. Written and detailed Constitution 9th December 1946 to 26th Nov 1949 Then 395 Articles, 22 Parts and 12 Schedules Now 448 Articles, 25parts and 12 Schedules 2. Self-made and enacted Prepared by the Constituent Assembly of India On behalf of the people of India Enacted on 26th Nov 1949 Introduced on 26th January 1950 3. Preamble Vision for the Nation and People of India 4. Democratic, Secular and Republic People form the governments in India No state religion Head of the State is elected by the people of India 5. Union of States 28 States 7 Union Territories 6. Fundamental Rights Part III Article 14 to Article 35 6 Fundamental Rights 7. Fundamental Duties Part IV ( A ) Article 51 ( A ) 11 duties 8. Directive Principles of State Policy For the government to consider while making policies and programmes 4 kinds: Socialist, Liberal, Gandhian and General 9. Bicameral Union Parliament Two houses or Chambers Lak Sabha ( House of Representatives) and Rajya Sabha ( Council of States) 10. Federal and Unitary features State Governments and Union Government Strong Union ( Central ) Government 11. Division of Powers Union list – 97 Subjects State list- 66 Subjects Concurrent list- 47 Subjects Residuary Powers 12. Single and Integrated Judicial System: for the whole of India. The Supreme Court controls and runs the judicial administration of India. All courts in India form links of a single judicial system. 13. Judicial Review: The Supreme Court acts as the interpreter and protector of the Constitution. It is the guardian of the fundamental rights and freedoms of the people. For performing this role, it exercises the power of judicial review. The Supreme Court has the power to determine the constitutional validity of all laws. It can reject any such law which is held to be unconstitutional. High Courts also exercise this power. Thank you

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