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Constitution of India

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Constitution of India Constitution Of India The Foundation to Political structure www.classmateacademy.com The evolution of Indian Polity: British Legacy Regulating act of 1773 Charter act of 1853 • Governor-general of Bengal • Executive and legislation functions of • Court of Directors governor general separated, addition • Supreme court of 6 new members called the legislative councillors to he council. Pitts India Act,1784 • Open competition system for civil • Board of Control services introduced(Macaulay committee) Charter act of 1833 • Governor-general of Bengal made Government of India act,1858 Governor-general of India • Viceroy, Secretary of State • Governor-general of India was given • 15-member council of India to assist exclusive powers for the British India the secretary of state for India • End of Company Monopoly • An attempt to introduce open competition www.classmateacademy.com Indian councils act,1861 • Provided that the viceroy should nominate some Government of India act 1909 Indians as non-official members of his expanded • The number of members of council legislative council was • The process of decentralisation by restoring the increased from 16 to 60 legislative powers to Bombay and madras • Power of members to ask presidencies. supplementary questions • Portfolio system and move resolution on budget • First time an Indian was Features of the act,1892 added to executive council • The number of Indians in viceroy council was of viceroy increased • Separate electorate • Legislative councils given power to discuss the budget and ask questions to executive • Indirect election www.classmateacademy.com Government of India act,1919 Government of India Act 1935 • Separate central and provincial list • All India Federation consisting of created both provinces and princely states. • Introduction of diarchy-reserved subjects • Federal list (59),Provincial List and transferred subjects (54),Concurrent list (36),Residuary • Bicameralism and direct election power to governor • 3 to 6 Indians in viceroy executive council • Diarchy abolished at Province and • Separate electorate extended to Sikhs, provincial autonomy Anglo Indians • Diarchy introduced at centre • Franchise based on property, tax or Bicameralism in provinces like education. Bengal ,Bombay Madras, Bihar, Assam • Public service commission and united provinces. • Accepted Poona pact • Reserve Bank of India Simon commission • Federal court ,1937 • Provincial public service Abolition of diarchy and establishment of commission. federation. Poona Pact Communal Award www.classmateacademy.com The Making of Indian Independence act ,1947 Making of constitution • August offer Some important members • Cripps mission Dr . B R AMBEDKAR(Drafting • Cabinet Mission Committee) • Constituent assembly Dr. B.N Rau(Legal Adviser) Elected through Indirect election Strength 389(296+93) Mountbatten Plan of June3,1947 • Separate constituent assembly for Pakistan. Hence strength reduced to 299. • First meeting Under Sachidanand Sinha,9 DEC • Dr. Rajendra Prasad Elected was elected as president of the constituent assembly on 11 Dec. • Objective resolution passed 13 Dec. www.classmateacademy.com Adopting the constitution • National Flag July 22,1947 Flag code of India 2002 ,contains rule for flag usage • National Anthem on January 24,1950 First sang on 27 Dec ,1911 session • National Song January 24,1950 First sung in 1896 session • National emblem • National Calendar • National Bird • National fruit • National Animal • National flower • National tree • National game • National river • National Aquatic Animal • The constitution as adopted on November 26,1949,contained a preamble,395 Articles ,22 parts and 8 Schedules • Enforcement of Constitution from 26,Jan 1950 www.classmateacademy.com Salient Feature of Indian Constitution • Lengthiest written constitution • Drawn from various sources • Blend of rigidity and flexibility • Federal system with unitary bias • Parliamentary form of government • Synthesis of Parliamentary Sovereignty and Judicial Supremacy • Integrated and independent Judiciary • Fundamental rights • Directive principles of state policy • Fundamental duties • Secular state • Universal adult franchise • Single citizenship • Emergency provisions • Independent bodies • Three tier government www.classmateacademy.com Sources Features borrowed Government of India Act 1935 Federal scheme, Office of Governor, Judiciary, Public Service commission, Emergency provisions British Constitution Parliamentary government, rule of Law ,Legislative Procedure, Single Citizenship, Cabinet system, Bicameralism US constitution Fundamental rights, Independence of Judiciary, Judicial review, Impeachement of the President, Removal of High court and Supreme Court Judges, Post of vice President Irish constitution DPSP, Method of election of president Canadian Constitution Federation with strong Centre, Residuary functions with centre www.classmateacademy.com Weimar Constitution of Germany Suspension of Fundamental Rights during emergency French Constitution Republic and Ideas of liberty, fraternity and Equality in Preamble South African constitution Procedure for amendment of the constitution and election of members of Rajya Sabha Japanese Constitution Procedure established by Law www.classmateacademy.com The Preamble: An Insight to the Minds of the Constitution Objectives Resolution 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 26 November 1949,do here by adopt, enact and give to our selves this constitution . www.classmateacademy.com Preamble as part of constitution Kesavananda Bharati case (1973),SC declared the preamble as the part of Constitution LIC of India ,1995 upheld this again 42 Constitutional Amendment act which added three new words –Socialist, Secular and Integrity to Preamble. www.classmateacademy.com The Union and its Territory Union and its territories Article 1: India that is Bharat is “Union of states “ Article 2: Power of Parliament to admit into the Union if India Article 3: Power to create/alter/abolish new states. Evolution of States and union Territories • 552 Princely states • Dhar Committee • JVP Committee www.classmateacademy.com • 1953 Andhra Pradesh ,linguistic state Fazl -Ali Committee • State Reorganisation Commission,1956 14 states and 6 union territories New states and union Territories Created after 1956 • 1960 ,Gujarat and Maharashtra • 1963,Nagaland • 1966,Haryana,HP • 1972,Meghalaya,Manipur,Tripura • 1974,Sikkim • 1987,Mizoram,Arunachal Pradesh, Goa • 2000,Chattisgarh,Uttarakhand and Jharkhand • Telangana www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com www.classmateacademy.com Citizenship Citizenship • Artcle5-11 Citizenship act,1955 Acquisition of Citizenship • By Birth • By Descent • By Registration • By Naturalisation • By incorporation of a New Territory PIO OCI, now both are merged NRI PIO-defined in FEMA, act 2000 9 Jan,2003 PBD. www.classmateacademy.com Loss of citizenship • Renunciation • Termination • Deprivation Single citizenship • India Double citizenship • USA, Switzerland www.classmateacademy.com Fundamental Rights: Magna Carta , of Constitution Part 3 Article 12-35 Inspired by the Bill of Rights of USA Justiciable rights ,hence called as Magna Carta of India. • Right to Equality(Article 14-18) • Right to freedom(Article 19-22) • Right against exploitation(Article 23-24) • Right to Freedom of Religion (Article 25-28) • Cultural and Educations Rights(Articles 29-30) • Right to Constitutional Remedies(Article 32) www.classmateacademy.com Article 12 definition of state. Definition of state State –Central, State ,Local government and PSUs Article 13 All laws inconsistent with or in derogation of any of the fundamental rights shall be void. Doctrine of severability Judicial review –Article 32,Article 226 www.classmateacademy.com Right to Equality(Article 14 -18) • Equality before law and equal protection of laws Exception to Equality President, Governor(Article 361) Art -105 MP behaviour in court • Prohibition of Discrimination on certain grounds Only on the basis of religion, race, caste, sex or place of birth. Exception –state can make special provision for women and children, state permitted to make any special provision for the advancement of any socially and educationally backward(pubic educational institutions),private institutions (added by 93 amendment) • Equality of opportunity in Public Employment Exceptions-same as above • Abolition of untouchability. Protection of civil rights act,1955 • Abolition of Titles. www.classmateacademy.com Right to Freedom(Art 19-22) • Right to freedom Right to freedom of speech and expression Right to assemble peacefully and without arms Right to form associations or unions Right to move freely through out the territory of India Right to reside and settle in any part of territory Right to practice any any profession or carry on nay trade. • Protection in Respect of Conviction for offences • No ex-post-facto law: No person shall be (i) convicted of any offence except for the violation of a law in force at the time of the commission of act • No double
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