Indian Constitution: Dr. Basil B. Mathew
Indian Constitution: Dr. Basil B. Mathew
Indian Constitution: Dr. Basil B. Mathew
CONSTITUTION
3
1.What Is Constitution Anyway?
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.
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.
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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
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1.What Is Constitution Anyway?
Role of Constitution in relationship between Government and its people:-
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.
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1.What Is Constitution Anyway?
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
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CONTENTS
1.What Is Constitution Anyway?
III. sometimes we feel strongly about an issue that might go against our larger
interests and the constitution helps us guard against this.
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2.Why Do We Need Constitution?
To perform following Functions we need Constitution-
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.
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.”
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3.The History of Constitution of India.
Indian Constitutional History
Emperor Ashoka Maurya established constitutional principles,
1.324 BC - 185 BC
Engraved them in major rocks, pillar and on minor rocks for public
to take reference. Also known as Edicts of Ashoka.
East India Company takes total unified control over the whole
3.1765AD-1858AD of India from a single center in Calcutta. But its rule ended with the
Revolt of 1857.
This period of the British Raj was the time when the Constitution
4.1858AD-1947AD
of India took shape.
Fragment of the 6th Pillar, in Brahmi, View of the Ashokan Pillar at Vaishali.
sandstones. British Museum.
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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).
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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.
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
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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.
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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 religions, Photo of Refugees at railway station in Punjab
broadly as shown in this map of 1909.
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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.
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CONTENTS
1.What Is Constitution Anyway?
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 .
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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.
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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
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.
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4.The Framing of Constitution of India.
Hindi (Left) and English (Middle) versions of Preamble as available in the First book of Constitution of India (Right).
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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 leave I 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."
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CONTENTS
1.What Is Constitution Anyway?
1. Federal System- powers are divided and/or shared between state and
central governments
Unitary Features-
1. Single Citizenship
2. Single Constitution
3. Power of union to override on the state matters
4. During emergency the system became virtually unitary
5. Changes in the names and boundaries of the states by the Parliament
6. Integrated Judiciary System
7. Centre appoints the Governors
8. Dependence of states on the centre for economic assistance and grants.
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6.What Is The constitution of India?
Both
(ii) Structure
featuresofare
Constitution
listed below:-
of India:- The Constitution, in its current form (March 2011),
consists of 1 preamble, 25 parts containing 450 articles, 12 schedules, 2 appendices and 97
amendments to date. Although it is federal in nature it also has a strong unitary bias.
Constitution of India
Fundamental Rights
Directive Principles
Fundamental Duties
Preamble 1 Parts 25
Articles 450
5. Schedules (12) - Schedules are lists in the Constitution that categorize and
tabulate bureaucratic activity and policy of the Government.
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6.What Is The constitution of India?
8. Fundamental Duties (Part IV Article 51A )- These Fundamental rights have
been provided at the cost of some fundamental duties. These are
considered as the duties that must be and should be performed by every
citizen of India. These fundamental duties are defined as:
It shall be the duty of every citizens of India: -
2. Liberal Principles
1. Article 44 of the Indian Constitution, the State shall endeavor to formulate and implement a
Uniform civil-code for all the people living throughout the territory of India.
2. Article 45 of the Indian Constitution, the State shall endeavor to provide early childhood care
and education for all the children until they complete the age of six years.
3. Article 47 of the Indian Constitution, the State shall strive to raise the level of nutrition and the
standard of living. Thus, it will endeavor to improve upon the health of the people.
4. Article 48 of the Indian Constitution, the State shall strive to organize agriculture and husbandry
on modern and scientific lines. It will also try to maintain and improve upon the breed of the
animals.
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6.What Is The constitution of India?
5. Article 50 of the Indian Constitution the state will try to separate the judiciary from the executive
in the case of public service.
3. Gandhian Principles
1. Article 40, State will strive to organize Panchayats in villages and will endow them with such
powers which enable them to act as units of self government.
2. Article 43, the state shall strive to develop the cottage industry in the rural areas both, on
individual or cooperative basis.
3. Article 47,the state will strive to ban the consumption of wine, other intoxicating drinks and all
such commodities which are considered injurious to health.
4. Article 48 reveals that State will ban slaughtering of cows, calves and other milk cattle.
4. International principles
1. Article 51(a)- The State will strive to promote international peace and security.
2. Article 51(b)- The State will strive to maintain just and honorable relations among various states
in the world.
3. Article 51(c)- The State will endeavor to promote respect for International treaties, agreements,
and law.
4. Article 51(f )- The State will strive to settle international disputes by arbitration.
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6.What Is The constitution of India?
(iii) Constitution of India and Government:- The Indian government is divided
Into three distinct but interrelated branches: Legislative, Executive and
Judiciary – have to function within their own spheres demarcated under the
Constitution. In other words, the doctrine of Separation of Powers has been
implicitly recognized by the Indian Constitution.
Government of India
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6.What Is The constitution of India?
(iv) The Basic Principles of the Constitution of India:-
A careful study of the Constitution will show that there are at least eight basic
principles which are embodied in it and which form the foundation of the
political system in India. These are:
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6.What Is The constitution of India?
(v) Procedure of Amendments of the Constitution of India:-
The basic structure of the Constitution is unchangeable and only such
amendments to the Constitution are allowed which do not affect its basic
structure or rob it of its essential character.
1. By simple majority of the Parliament: Amendments in this category can
be made by a simple majority of members present and voting, before sending
them for the President's assent.
2. By special majority of the Parliament: Amendments can be made in this
category by a two - third majority of the total number of members present and
voting, which should not be less than half of the total membership of the
house.
3. By special majority of the Parliament and ratification of at least half of
the state legislatures by special majority. After this, it is sent to the President
for his assent.
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6.What Is The constitution of India?
An amendment to the “Constitution of India” is an extremely difficult affair, and
normally needs at least “two-thirds(2/3)” of the Lok Sabha and Rajya Sabha
to pass it.
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6.What Is The constitution of India?
(vi) Checks and Balances:-
The Indian Supreme Court and Election Commission are recognized as
the bedrock of Indian democracy; these two bodies stand up to the
enormous powers that the constitution invests in the central government in
general and to the unbridled powers of the Indian prime minister in particular.
The checks and balances that are provided by
the constitution also smooth out the strained
relations between the central government and
the states by limiting the central government's
ability to interfere in the states' affairs. Usually,
either the state government or a political party
may file an appeal or a writ petition in the
Supreme Court against a policy or practice of
the union or a state.
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6.What Is The constitution of India?
Although India's constitution follows the British parliamentary system, it is the
constitution and not the parliament of India that reigns supreme. As in the
United States, the Indian courts interpret the constitution and adjudicate the
laws passed by the parliament.
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CONTENTS
1.What Is Constitution Anyway?
The framing of the Constitution was completed on November 26, 1949 when the
Constituent Assembly formally adopted the new Constitution. The Constitution
came into force with effect from January 26, 1950.
PARLIAMENT
MUSEUM : A high-
tech story-telling
Museum depicting the
continuum of the
democratic heritage in
India has been
dedicated to the
Nation by
Dr. A P J Abdul
Kalam, President of
India on 14th August
2006.
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8.Conclusion
The Constitution of India has several distinctive features. It is the lengthiest
Constitution in the world and it is a combination of rigidity and flexibility. The
Constitution provides for a quasi-federal (It means a federal set up where
despite having two clear sets of government – central and the states, more
powers are given to the Central Government.) set up with a strong centre.
There is a clear division of powers between the Centre and the States. The
Supreme Court of India, is the apex court of India which will resolve the
disputes between the centre and state or between the states.
The responsibility lies on not only the jurists and policy framers, but also the
citizens of the country to work in a harmonious manner for the development of
the country.
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CONTENTS
1.What Is Constitution Anyway?