Module I - II - Indian constitution - Students.ppt.pdf

INDIAN CONSTITUTION  CONTENTS 1.What Is Constitution? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristi...

INDIAN CONSTITUTION  CONTENTS 1.What Is Constitution? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution of India is 8.Conclusion Located at Parliament Library Building, New Delhi, India. 2  CONTENTS 1.What Is Constitution? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution Located at 8.Conclusion Parliament Library Building, New Delhi 3  1.What Is Constitution? Almost everything we do is governed by some set of rules. There are rules for games (like- soccer), for social clubs and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do. For example- In the game of soccer, a referee has "full authority to enforce the Rules or Law of the Game on the Players”, when a player do something against the Rules referee takes action like send-off a player, as shown in images below. should Should not Red-card 4  1.What Is Constitution Anyway? Some rules that are made by the legislatures (also known as Lok sabha/Rajya Sabha in India), for their own country, are called “Law”. We need Laws in Society so our society can regulate and work properly. They are designed to protect us and our property and to ensure that everyone in society behaves the way that the community expects them too. Laws tell us what to expect as a consequence of our actions. Laws have been the glue that has kept society together. Without laws there would be complete anarchy. 5 6 Jagdeep Dhankhar is an Indian politician and lawyer, serving as the 14th and current Vice president of India since 2022. 7  1.What Is Constitution Anyway? I) In General- The Constitution is the supreme law of the land. All other laws have to conform to the Constitution. The constitution contains laws concerning the government and its relations with the people. A constitution is concerned with 2 main aspects:- a) The relation between the different levels of government and b) Between the government and the citizens. Constitution... Government The People … 8  1.What Is Constitution? Role of Constitution in relationship between Government and its people:- CONSTITUTION GOVERNMENT THE PEOPLE LEGISLATIVE Makes Laws JUDICIARY Interprets Laws EXECUTIVE Enforces Laws Fig.- Role of Constitution in relationship between Government and its people 9  1.What Is Constitution? II) Technical Definitions- A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single collection or set of legal documents, those documents may be said to comprise a written constitution. or The document containing laws and rules which determine and describe the form of the government, the relationship between the citizens and the government, is called a Constitution. 10 Differences Between Law and Rules: Law is a system of rules and guidelines that dictate social behaviour and provide for acceptable conduct within a community. Rules, on the other hand, are concrete directions for behaviour that must be followed to avoid punishment or censure. 11  1.What Is Constitution? III) An observation- “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” --Patrick Henry Patrick Henry (1736-1799) 12  CONTENTS 1.What Is Constitution? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution of India is 8.Conclusion Located at Parliament Library Building, New Delhi, India. 13  2.Why Do We Need Constitution? In General- I. We need a constitution to govern a country properly. II. The constitution defines the nature of political system of a country. III. Sometimes we feel strongly about an issue that might go against our larger interests and the constitution helps us guard against this. V. All the 3 organs of government (executive, legislature and judiciary) functions within the constitution. All the 3 organs of government, including ordinary citizens, derive their power and authority (i.e. Fundamental Right) from the constitution. If they act against it, it is unconstitutional and unlawful. So constitution is required to have authoritative allocation of power and function, and also to restrict them within its limit. 14 2.Why Do We Need Constitution? 15  2.Why Do We Need Constitution? To perform following Functions we need Constitution- I. The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society. II. The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted. III. The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may ever trespass them. V. The fourth function of a constitution is to enable the government to fulfill the separations of a society and create conditions for a just society. 16  CONTENTS 1.What Is Constitution? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution of India is 8.Conclusion Located at Parliament Library Building, New Delhi, India. 17  3.The History of Constitution of India. A Look at Ancient India- India is a home of ancient “Indus valley civilization” which goes back to 3300–1300 BC (mature period 2600–1900 BC). India is a world famous for its ancient history and culture. Shiva Pashupati & Swastika Seals from the Indus Valley The time Before 500 AD is widely accepted as era of Ancient India. The earliest anatomically modern human remains found in South Asia date from approximately 30,000 years ago. But regarding to Constitutional History, India goes back to only 3rd Century BC(269 BC to 231 BC) in the time of the Emperor “Ashoka The Great.” 18 B.C. and A.D. Explained B.C. stands for "before Christ," meaning before Jesus was born. So 400 B.C. means 400 years before Jesus was born. A.D. comes from the Latin "anno Domini," which means "in the year of the Lord." A.D. applies to years following the birth of Jesus. Therefore, it's easy to assume that A.D. 1500 means 1,500 years after Jesus was born, but that's not strictly true because A.D. began at 1. A.D. 1500 is actually 1,499 years after Jesus was born. 19  3.The History of Constitution of India. Indian Constitutional History 1.324 BC - 185 Emperor Ashoka Maurya established constitutional principles, BC Engraved them in major rocks, pillar and on minor rocks for public to take reference. Also known as Edicts of Ashoka. 2.1599AD-1765 East India Company takes total administrative control by AD gaining right of taxation in Bengal after Battle of Plassey (1757). 3.1765AD-1858 East India Company takes total unified control over the whole of AD India from a single center in Calcutta. But its rule ended with the Revolt of 1857. 4.1858AD-1947 This period of the British Raj was the time when the Constitution AD of India took shape. Finally Constitution of India, created in independent India by its 5.1950AD own free people, was adopted on 26 November 1949 and came into effect on 26 January 1950. As we know it and use it today. 20  3.The History of Constitution of India. 1) The Edicts of Ashoka (324 BC - 185 BC) established constitutional principles for the 3rd century BC Maurya king's rule in Ancient India. The Edicts of Ashoka are a collection of 33 inscriptions on the Pillars of Ashoka, as well as boulders and cave walls, made by the Emperor Ashoka of the Mauryan dynasty. Fragment of the 6th Pillar, in Brahmi, View of the Ashokan Pillar at Vaishali. sandstones. British Museum. 21  3.The History of Constitution of India. 2) East India Company (1599AD-1765AD)- In 1600, the East India Company came to India as a trading company from Britain. In 1765, it became an administrative power after gaining the Right of Taxation in Bengal after defeating the Nawab of Bengal at the Battle of Plassey (1757). Established in 1600 by Queen Elizabeth View of East India House 22  3.The History of Constitution of India. 3) East India Company (1765AD-1858AD)- During this period, the company established a unified control over the whole of India from a single center in Calcutta. Different Acts and Laws were forced by company during this period just so company could remain in power and authority. But the company came under increasing control by parliament of Britain and its rule ended with the Revolt of 1857. Different battles all over the India. 23  3.The History of Constitution of India. 4) British Raj(1858AD-1947AD)- This period of the British Raj was the time when the Constitution of India took shape. The main stages of its evolution were: I. The Act for the Better Government of India (1858)- This put India directly under the control of the British government. It set up the office of the Secretary of State, member of the British parliament, who would be in charge of Indian government. In India, the Governor-General, working under the Secretary of State, led the administration. Flag of British India (Known as star of India) Left Hunting of Indian Tigers, Right Famines and epidemics in the British Raj 24  3.The History of Constitution of India. II. Indian Councils Act (1861)- A separate legislative council was set up to assist the Governor-General in making laws. Indians could be appointed to the council, but only on the discretion of the Governor-General. III. Indian Councils Act (1892)- As a result of Indian demands, the sizes of the executive and legislative councils were increased. More Indians were appointed to these Councils, and the principle of election was introduced. IV. Indian Councils Act (1909)- This act increased the sizes of the councils again, and also gave the legislative council the power to discuss certain matters and to ask questions. More people were elected to the councils. V. Government of India Act (1919)- This introduced 'diarchy' (partial responsible government) at the provincial level. Elected Indians were given charge of some areas of government (e.g., industry, education) at the provincial level. 25  3.The History of Constitution of India. VI. Government of India Act (1935)- This introduced 'provincial autonomy': responsible government at the provinces with elected Indians in charge of the administration, and responsible to the elected legislatures. A federal government was proposed, though it did not come into effect. At the centre, 'diarchy' was introduced. VII. Indian Independence Act (1947)- The British gave up control of the Government of India to two dominions - India and Pakistan. For the time being till the constitution was made, both of them would be governed in accordance with the Government of India act 1935. The Partition of British India was based on the prevailing Photo of Refugees at railway station in Punjab religions, broadly as shown in this map of 1909. 26  3.The History of Constitution of India. 5) Constitution of India(1950AD)- The Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj (Complete Independence) declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. Conscious efforts were made to have consensus on different issues and principles and thereby avoid disagreement. The consensus came in the form of the ‘Objectives Resolution’ moved by Jawahar Lal Nehru in the Constituent Assembly on December 17, 1946 which was almost unanimously adopted on January 22, 1947. 27  3.The History of Constitution of India. In the light of these ‘Objectives’ the Assembly completed its task by November 26, 1949. The constitution was enforced with effect from January 26, 1950. From that day India became Republic of India. 28  CONTENTS 1.What Is Constitution Anyway? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India. 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution of India is 8.Conclusion Located at Parliament Library Building, New Delhi, India. 29  4.The Framing of Constitution of India. The Constituent Assembly of India was elected to write the Constitution of India. Following India's independence from Great Britain, its members served as the nation's first Parliament. This body was formed in 1946 for the purpose of making independent India's constitution. The assembly passed a resolution in 1947 January defining the objectives of the constitution:- 1) To set up a Union of India comprising British India and the princely states. 2) To set up a federal form of government with separate state and central governments. 3) To set up a democracy in which all power is derived from the people: I) where all people are guaranteed justice, equality and freedom; II) where minorities, depressed classes and the tribal's rights are protected; 4) To protect the integrity of India and her sovereign rights over land, sea and air. 5) To help India attain its rightful place in the world - and work for peace and welfare of all mankind. 30  4.The Framing of Constitution of India. Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly when it met on December 9, 1946. Later, Dr. Rajendra Prasad became the President of the Constituent Assembly and Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on December 11,1946. First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946. 31  4.The Framing of Constitution of India. The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer- Marwar, Coorg and British Baluchistan. First day (December 9, 1946) of the Constituent Assembly. From right: B. G. Kher and Sardar Vallabhai Patel; K. M. Munshi is seated behind Patel. 32  4.The Framing of Constitution of India. Borrowed features of constitution of India 1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok Sabha. 2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court, Head of the state known as president, Provision of states, Judicial review 3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble 4.From USSR- Fundamental Duties, Five year plan 5.From Germany- Emergency provisions 6.From Japan- Law on which the Supreme Court functions 7.From Canada- Federal System and Residuary powers 8.From South Africa- Procedure of constitutional amendment 9.From Ireland- Concept of Directive Principles of state policy. 33  4.The Framing of Constitution of India. For the time being till the constitution was made, India would be governed in accordance with the Government of India act 1935. The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution. It was finally passed and accepted on Nov 26, 1949. In all the 284 members of the Assembly signed the official copies (Original) of the Indian Constitution. After many deliberations and some modifications over 111 plenary sessions in 114 days, the 308 members of the Assembly signed two copies (Final) of the document (one each in Hindi and English) on 24 January 1950 Same day the Assembly unanimously elected Dr, Rajendra Prasad as the President of India. which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India. 34  4.The Framing of Constitution of India. The 63rd Republic Day Celebrations on 26th January 2012 at New Delhi, India 35  CONTENTS 1.What Is Constitution Anyway? 2.Why Do We Need Constitution? 3.The History of Constitution of India. 4.The Framing of Constitution of India 5.The Preamble to Constitution of India. 6.What Is The constitution of India? 7.Main Characteristics of Constitution of India. The First Book of Constitution of India is 8.Conclusion Located at Parliament Library Building, New Delhi, India. 36  5.The Preamble to Constitution of India. The Constitution of India commences with a Preamble. The Preamble is like an introduction or preface of a book. ‘Preamble’ explains the purposes and objectives with which the document has been written. As such the ‘Preamble’ provides the guide lines of the Constitution. The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. 37  5.The Preamble to Constitution of India. The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. 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. 38  5.The Preamble to Constitution of India. The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the People of India. So far the Preamble has been amended only once in 1976 by the 42nd amendment (change) which inserted the words Socialism, Secularism and Integrity. So the 42nd Amendment changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation" The Preamble, in brief, explains the objectives of the Constitution in two ways: 1) About the structure of the governance 2) About the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key of the Constitution. 39  5.The Preamble to Constitution of India. The objectives, which are laid down in the Preamble, are: i)Description of Indian State as Sovereign, Socialist, Secular, Democratic, Republic. (Socialist, Secular added by 42nd Amendment, 1976). i)Provision to all the citizens of India i.e., Justice social, economic and political Liberty of thought, expression, belief, faith and worship Equality of status and opportunity Fraternity assuring dignity of the individual and unity and integrity of the nation. 40  5.The Preamble to Constitution of India. Sovereignty Sovereignty is one of the foremost elements of any independent State. It means absolute independence, i.e., a government which is not controlled by any other power : internal or external. A country cannot have its own constitution without being sovereign. India is a sovereign country. It is free from external control. It can frame its policies. India is free to formulate its own foreign policy. 41  5.The Preamble to Constitution of India. Socialist The word socialist was not there in the Preamble of the Constitution in its original form. In 1976, the 42nd Amendment to the Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The word ‘Socialism’ had been used in the context of economic planning. It signifies major role in the economy. It also means commitment to attain ideals like removal of inequalities, provision of minimum basic necessities to all, equal pay for equal work. When you read about the Directive Principles of the State Policy, you will see how these ideals have been incorporated as well as partly, implemented in the 42 Constitution.  5.The Preamble to Constitution of India. Secularism In the context of secularism in India, it is said that ‘India is neither religious, nor irreligious nor anti-religious.’ Now what does this imply? It implies that in India there will be no ‘State’ religion – the ‘State’ will not support any particular religion out of public fund. This has two implications, a) every individual is free to believe in, and practice, any religion he/ she belongs to, and, b) State will not discriminate against any individual or group on the basis of religion. 43  5.The Preamble to Constitution of India. Democratic As you have noticed while reading the Preamble to the Constitution, that the Constitution belongs to the people of India. The last line of the Preamble says ‘…. Hereby Adopt, Enact And Give To Ourselves This Constitution’. In fact the Democratic principles of the country flow from this memorable last line of the Preamble. Democracy is generally known as government of the people, by the people and for the people. Effectively this means that the Government is elected by the people, it is responsible and accountable to the people. The democratic principles are highlighted with the provisions of universal adult franchise, elections, fundamental rights, and responsible government. 44  5.The Preamble to Constitution of India. Republic The Preamble also declares India as a Republic. It means that the head of the State is the President who is indirectly elected and he is not a hereditary ruler as in case of the British Monarch. 45  5.The Preamble to Constitution of India. A brief description of these concepts are as follows (in the order they come in Preamble)- 1. Sovereign- It means free to follow internal and external Policies. 2. Secular- It means no particular Religion is preferred. 3. Socialist- It means no concentration of Power and Money. 4. Democratic- It means rule by elected representative of the People of India. 5. Republic- It means no room for hereditary ruler or monarch. 46  5.The Preamble to Constitution of India. Justice, Liberty and Equality The struggle for freedom was not only against the British rule but their struggle should also usher in an era of restoring the dignity of men and women, removal of poverty and end to all types of exploitation. Such strong motivations and cherished ideals had prompted the framers to lay emphasis on the provisions of Justice, Liberty and Equality to all the citizens of India. 47  5.The Preamble to Constitution of India. Justice Justice promises to give people what they are entitled to in terms of basic rights to food, clothing, housing, participation in the decision-making and living with dignity as human beings. The Preamble covers all these dimensions of justice – social, economic and political. Besides, the granting of political justice in the form of universal adult franchise or the representative form of democracy. 48  5.The Preamble to Constitution of India. Liberty The Preamble also mentions about liberty of thought and expression. These freedoms have been guaranteed in the Constitution through the Fundamental Rights. Though freedom from want has not been guaranteed in the Fundamental Rights, certain directives to the State have been mentioned in the Directive Principles. Directive Principles of State Policy is to create a ‘Welfare State’. In other words, the motive behind the inclusion of DPSP is not establishing political democracy rather, it’s about establishing social and economic democracy in the state. 49  5.The Preamble to Constitution of India. Equality Equality is considered to be the essence of modern democratic ideology. The Constitution makers placed the ideals of equality in a place of pride in the Preamble. All kinds of inequality based on the concept of rulers and the ruled or on the basis of caste and gender, were to be eliminated. All citizens of India should be treated equally and extended equal protection of law without any discrimination based on caste, creed, birth, religion, sex etc. Similarly equality of opportunities implies that regardless of the socio-economic situations into which one is born, he/she will have the same chance as everybody else to develop his/ her talents and choose means of livelihood. 50  5.The Preamble to Constitution of India. Fraternity, Dignity, Unity and Integrity In the background of India’s multi-lingual, multi-cultural and multi- religious society and keeping in view the partition of the country, the framers of the Constitution were very much concerned about the unity and integrity of our newly independent country. There was a need for harmonious co-existence among various religions, linguistic, cultural and economic groups. Inclusion of phrases like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and integrity of the nation’ in the Preamble highlight such a need. 51  5.The Preamble to Constitution of India. Egalitarian: A society, which feels concerned for meeting the needs of all its members, is known as egalitarian society. An egalitarian state is expected to reduce inequalities among citizens and fulfill minimum requirements of all. The Preamble has provided for a vision humane which is, democratic, secular and, therefore, egalitarian. Therefore, in spite of not being a part of the Constitution, the Preamble has always been given due respect and regard by the courts while interpreting the Constitution. 52  5.The Preamble to Constitution of India. The preamble-page, along with other pages of the First and original Book of Constitution of India, was designed (Art) and decorated (Frames) solely by renowned painter Beohar shakha. Hindi (Left) and English (Middle) versions of Preamble as available in the First book of Constitution of India (Right). 53  5.The Preamble to Constitution of India. Purpose of Having a Preamble: The Preamble to our Constitution serves two purposes: - A) It indicates the source from which the Constitution derives its authority; B) It also states the objects, which the Constitution seeks to establish and promote. The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of unsociability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man." 54