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FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20

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FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20 SUBJECT FORENSIC SCIENCE Paper No. and Title Paper No.2: Criminology and Law Module No. and Title Module No. 20: Constitution of India Module Tag FSC_P2_M20 FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India TABLE OF CONTENTS Learning outcomes Introduction Why is constitution important (A brief view) History of Indian Constitution The Edicts of Asoka (324 BC - 185 BC) East India Company (1599AD-1765AD) Indian Councils Act (1861) Indian Councils Act (1892) Indian Councils Act (1909) Government of India Act (1919) Government of India Act (1935) Indian Independence Act (1947) Constitution of India(1950AD) The Preamble to Constitution of India FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India Learning Outcomes After studying this module, you will be able to: Understand the term “Constitution” and its importance in governing a country. The history of the Indian Constitution. The era before independence and making of the constitution of India. Comprehend the different Indian Council Acts as basis for development of Indian Constitution. Know about the Preamble to the Constitution of India and its significance. Introduction Almost everything we do is governed by some set of rules. For example - 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 does something against the rule, the referee takes action like send-off a player, etc. Similarly, some rules that are made by the legislatures; (Lok Sabha/Rajya Sabha or Vidhyan Sabha), for country or state are called “Laws”. We need Laws in Society so that our society can regulate the conduct of members of society. They are designed to protect us and our property and to ensure that everyone in society behaves the way that the community expects them to. These laws tell us what to expect as a consequence of our actions. They have been like the adhesive glue that has kept society together. Without laws, there would be a state of complete anarchy. FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India Importance of Constitution The Constitution is the supreme legal document of the land. All other laws have to conform to the Constitution. It contains laws concerning the government and its relations with the people. A constitution is concerned with 2 main aspects:- o The relation between the different levels of government and o Between the government and the citizens. 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. The constitution for proper understanding is divided into broad areas of Fundamental Rights, Directing Principals, Executive and State. The main object is contained in the preamble and each area state above relate to the whole system of Governance, through State; i.e Legislature, Executive and Judiciary called as Trimurti of the Nation IMPORTANCE- We need a constitution to govern a country properly. The constitution defines the nature of political system of a country. Sometimes we feel strongly about an issue that might go against our larger interests and the constitution helps us guard against this. All the 3 establishments of the government i.e. Executive Legislature Judiciary, functions within the constitution. 1. Constitution stands as guarantor for upholding Fundamental Rights of its citizens. 2. It imposes certain obligation or stale & asks to fulfill those and Directive Principal. 3. It works as a system of checks and balanced between different Govt. agencies. FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India History of Indian Constitution India is a home of ancient “Indus valley civilization” which goes back to 3300–1300 BC (mature period 2600–1900 BC). India is world famous for its ancient history and culture. The time before 500 AD is widely accepted as the era of Ancient India. The earliest anatomically modern human remains found in South Asia date from approximately 30,000 years ago. Whereas with regard to Constitutional History, India goes back to only 3rd Century BC(269 BC to 231 BC) in the time of the Emperor “Asoka The Great.” The Edicts Of Asoka The Edicts of Asoka (324 BC - 185 BC), established constitutional principles for the 3rd century BC, Maurya king's rule in Ancient India They are a collection of 33 inscriptions on the Pillars of Asoka, as well as boulders and cave walls, made by the Emperor Asoka of the Maurya dynasty. FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India The East India Company In 1600, the East India Company came to India as a trading company from Britain (U.K) In 1765, it became an administrative power after gaining the Right of Taxation in Bengal, defeating the Nawab of Bengal at the Battle of Plassey (1757). To regulate control over India & Indian Population series of enactments was made by British Govt. Which ultimately laud the foundation of Indian Constitution. The Indian Council Acts ( 1861, 1892 and 1909) Indian Councils Act 1861 Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed the Viceroy of India's executive council into a cabinet run on the portfolio system. 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 This cabinet had six "ordinary members" who each took charge of a separate department in Calcutta's government: home, revenue, military, law, finance, and (after 1874) public works. Indian Councils Act 1861 is an essential landmark in the constitutional and political history of India. The 1861 Act restored the legislative power taken away by the Charter Act of 1833. The legislative council at Calcutta was given extensive authority to pass laws for British India as a whole, while the legislative councils at Bombay and Madras were given the power to make laws for the "Peace and good Government" of their respective presidencies. The Governor General was given the power to create new provinces for legislative purposes. He also could appoint Lt. Governors for the same Indians were involved with law-making process. For this purpose, viceroy nominated the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao. Decentralization of legislative powers took place. FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India Establishment of recent legislative councils in Bengal, NWFP and Punjab in 1862, 1866 and 1897 happened respectively. It empowered the Viceroy to issue ordinances with no concurrence of the legislative council throughout an emergency. The life of such an ordinance was 6 months. Indian Councils Act 1892 Enacted due to the demand of the Indian National Congress to expand legislative council, the number of non-official members was increased both in central and provincial legislative councils. 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 The non-official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council. In 1892, the council consisted of 24 members, only five being where Indians. Indian Councils Act 1909 Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. It effectively allowed the election of Indians to the various legislative councils in India for the first time. Though previously some Indians had been appointed to legislative councils. The introduction of the electoral principle laid the groundwork for a parliamentary system even though this was contrary to the intent of Morley. Muslims had expressed serious concern that the post electoral system, like that of Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated, as demanded by the Muslim leadership. FORENSIC SCIENCE PAPER No.2: Criminology & Law MODULE No.20: Constitution Of India Government of India Act 1919 After World War I, the British Government opened the door for Indians to public office and employment. Relaxation of central treatments for the provinces by demarcating and separating the central and provincial subjects. It further divided the provincial subjects into two parts – transferred (those have been administered by governor by the help of ministers who are responsible to legislative council) and reserved (those who have been administered by the governor and the executive council without being responsible towards the legislative council). Introduction of diarchy, Bicameralism, direct elections and establishment of central public service commission in 1926. Franchise was granted to some limited people on foundation of property, tax and education. Separation of central budget from provisional budget. Appointment of statutory commission. Government Of India Act 1935 The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India. Many key features of the constitution are directly taken from this Act. The Act can be said to be the foundation of Indian Constitution. The majority of the today's constitution has drawn from this. Its features are: It delivers to the establishment of an All India Federation. The previous names transferred and reserved subjects are changed as federal and provincial lists and concurrent list is definitely an addendum.
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