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INDIAN CONSTITUTION: PROVISIONS AND
FEATURES
PRESENTED BY- RITIKA
2014/56047
CONSTITUTIONAL LAYOUT
PILLARS
LEGISLATIVE
(Law making
Body)
EXECUTIVE
(Executes the
laws and
policies)
JUDICIARY
(Maintains
and
supervises
the law)
IMPORTANT FEATURES AT A GLANCE
• Prepared in 2 years, 11 months and 7 days
• From 9th Dec 1946- 26th November 1949
• Drafting Committee, headed by Dr BR
Ambedkar sat for 141 days
• Constituent Assembly, headed by Dr Rajendra
Prasad, took 11 sessions or 165 days to
formulate
TIME AND
DURATION
• Written as lengthiest and most elaborate in
the world
• Socialist, Democratic and Republic in nature
• Supreme in nature
• A healthy mixture of good pints from different
constitutions around the world
• Partially Rigid
KEY
ELEMENTS
SALIENT FEATURES
EXPLAINED
WRITTEN FORM
 Contains 395 Articles and 12 schedules
 Fulfils the basic requirement of a federal
government
 Has been amended 99 times till now
SUPREMACY
 Supreme and not the hand-made of either
the Centre or of the States
 If for any reason any organ of the State
dares to violate any provision of the
Constitution, the courts of laws are there
to ensure that dignity of the Constitution
is upheld at all costs
RIGID YET FLEXIBLE
 All the provisions of the Constitution
concerning Union-State relations can be
amended only by the joint actions of the
State Legislatures and the Union Parliament
 Such provisions can be amended only if the
amendment is passed by a two-thirds
majority of the members present and voting
in the Parliament (which must also
constitute the absolute majority of the total
membership) and ratified by at least one-half
of the States
DIVISION OF POWERS
 Clear division of powers so that the units and the centre are
required to enact and legislate within their sphere of activity
with defined limits
 Division of subjects of administration under- Union, State
and Concurrent Legislative Lists
 Union List consisted of 97 subjects- defence, foreign affairs,
railways, posts and telegraphs, currency, etc., power to
legislate exclusively to union government
 State List consisted of 66 subjects - inter-alia public order,
police, administration of justice, public health, education,
agriculture etc., taken care by State government under
normal circustances
 Concurrent List embraced 47 subjects - criminal law,
marriage, divorce, bankruptcy, trade unions, electricity,
economic and social planning, etc.
 The residuary powers have been vested in the Central
Government.
INDEPENDENT JUDICIARY
 Supreme Court of India can declare a law
as unconstitutional or ultra Vires, if it
contravenes any provisions of the
Constitution
 Hierarchical order follows with State High
Courts, District Courts and Subordinate
Courts
 To ensure the impartiality of the judiciary,
our judges are not removable by the
Executive and their salaries cannot be
BICAMERAL LEGISLATURE
 Lok Sabha (Lower House) consists of
552members- 530 elected state
representatives, 20 from Union Territories
and 2 Anglo-Indian
 Rajya Sabha (Upper House) consists 245
members, 12 members appointed by
President
 Legislative Assembly (Vidhan Sabha)
 Legislative Council (Vidhan Parishad)
FEDERAL STRUCTURE
 There are two governments—the national
or federal government and the
government of each component unit
 By 73rd and 74th Amendment Act, 1992
three tier government has been
established (Centre, state & local self
government)
 Fragmentation continues at district
administrative levels and Panchayats for
village
DRAWN FROM VARIOUS SOURCES
 Parliamentary form has been taken from
Britain
 Division of powers format has been
adopted by America
OTHER IMPORTANT FEATURES
 Universal Adult Franchise
 Single Citizenship
 Autonomous and Independent Bodies
like Election Commission, Comptroller
and Auditor General of India, Union Public
Service Commission, State Public Service
Commission, etc.
PROVISIONS
FUNDAMENTAL RIGHTS
 Affirms the basic principle that every
individual is entitled to enjoy certain basic
rights and part
 Total of six in number, originally 7
 Justifiable and the individual can move the
higher judiciary, that is the Supreme Court
or the High Courts, if there is any
encroachment
 Fundamental rights in India are not absolute,
reasonable restrictions can be imposed
keeping in view the security-requirements of
Right to
Equality
Right To
Freedom of
speech and
expression
Right against
Exploitation
Right to
freedom of
religion
Cultural and
educational
rights
Right to
constitutional
remedies
DIRECTIVE PRINCIPLES
 Directives to the government to implement them
for establishing social and economic democracy
in the country
 Principles like adequate means to livelihood,
equal pay for both men and women, distribution
of wealth so as to serve the common good, free
and compulsory primary education, right to work,
public assistance in case of old age,
unemployment, sickness and disablement, the
organisation of village Panchayats, special care
to the economically back ward sections of the
people etc.
 Not justiciable by the court
FUNDAMENTAL DUTIES
 To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
 To cherish and follow the noble ideals, which inspired our national
struggle for freedom;
 To uphold and protect the sovereignty, unity and integrity of India;
 To defend the country and render national service when called upon to do
so;
 To promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic, regional or sectional
diversities, to renounce practices derogatory to the dignity of woman;
 To value and preserve the rich heritage of our composite culture;
 To protect and improve the natural environments including forests, lakes,
rivers and wild life and to have compassion for living creatures;
 To develop scientific temper, humanism and the spirit of inquiry and
reform;
 To safeguard public property and to abjure violence;
 To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of Endeavour
and achievement.
EMERGENCY PROVISIONS
• Proclaimed on the ground of war or
external aggression or armed rebellion
ARTICLE 352
NATIONAL EMERGENCY
• Proclaimed on the ground that
constitutional machinery has broken
down in a state -
ARTICLE 356
STATE EMERGENCY
• Proclaimed on the ground that a
particular state has failed to follow the
directions of the Centre
ARTICLE 365
STATE EMERGENCY
• Proclaimed on the ground that there is
threat to the financial stability or Credit
of India
ARTICLE 360
FINANCIAL EMERGENCY
THANK YOU!

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1029-Danh muc Sach Giao Khoa khoi 6.pdf
 

Indian constitution

  • 1. INDIAN CONSTITUTION: PROVISIONS AND FEATURES PRESENTED BY- RITIKA 2014/56047
  • 2. CONSTITUTIONAL LAYOUT PILLARS LEGISLATIVE (Law making Body) EXECUTIVE (Executes the laws and policies) JUDICIARY (Maintains and supervises the law)
  • 3. IMPORTANT FEATURES AT A GLANCE • Prepared in 2 years, 11 months and 7 days • From 9th Dec 1946- 26th November 1949 • Drafting Committee, headed by Dr BR Ambedkar sat for 141 days • Constituent Assembly, headed by Dr Rajendra Prasad, took 11 sessions or 165 days to formulate TIME AND DURATION • Written as lengthiest and most elaborate in the world • Socialist, Democratic and Republic in nature • Supreme in nature • A healthy mixture of good pints from different constitutions around the world • Partially Rigid KEY ELEMENTS
  • 5. WRITTEN FORM  Contains 395 Articles and 12 schedules  Fulfils the basic requirement of a federal government  Has been amended 99 times till now
  • 6. SUPREMACY  Supreme and not the hand-made of either the Centre or of the States  If for any reason any organ of the State dares to violate any provision of the Constitution, the courts of laws are there to ensure that dignity of the Constitution is upheld at all costs
  • 7. RIGID YET FLEXIBLE  All the provisions of the Constitution concerning Union-State relations can be amended only by the joint actions of the State Legislatures and the Union Parliament  Such provisions can be amended only if the amendment is passed by a two-thirds majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one-half of the States
  • 8. DIVISION OF POWERS  Clear division of powers so that the units and the centre are required to enact and legislate within their sphere of activity with defined limits  Division of subjects of administration under- Union, State and Concurrent Legislative Lists  Union List consisted of 97 subjects- defence, foreign affairs, railways, posts and telegraphs, currency, etc., power to legislate exclusively to union government  State List consisted of 66 subjects - inter-alia public order, police, administration of justice, public health, education, agriculture etc., taken care by State government under normal circustances  Concurrent List embraced 47 subjects - criminal law, marriage, divorce, bankruptcy, trade unions, electricity, economic and social planning, etc.  The residuary powers have been vested in the Central Government.
  • 9. INDEPENDENT JUDICIARY  Supreme Court of India can declare a law as unconstitutional or ultra Vires, if it contravenes any provisions of the Constitution  Hierarchical order follows with State High Courts, District Courts and Subordinate Courts  To ensure the impartiality of the judiciary, our judges are not removable by the Executive and their salaries cannot be
  • 10. BICAMERAL LEGISLATURE  Lok Sabha (Lower House) consists of 552members- 530 elected state representatives, 20 from Union Territories and 2 Anglo-Indian  Rajya Sabha (Upper House) consists 245 members, 12 members appointed by President  Legislative Assembly (Vidhan Sabha)  Legislative Council (Vidhan Parishad)
  • 11. FEDERAL STRUCTURE  There are two governments—the national or federal government and the government of each component unit  By 73rd and 74th Amendment Act, 1992 three tier government has been established (Centre, state & local self government)  Fragmentation continues at district administrative levels and Panchayats for village
  • 12. DRAWN FROM VARIOUS SOURCES  Parliamentary form has been taken from Britain  Division of powers format has been adopted by America
  • 13. OTHER IMPORTANT FEATURES  Universal Adult Franchise  Single Citizenship  Autonomous and Independent Bodies like Election Commission, Comptroller and Auditor General of India, Union Public Service Commission, State Public Service Commission, etc.
  • 15. FUNDAMENTAL RIGHTS  Affirms the basic principle that every individual is entitled to enjoy certain basic rights and part  Total of six in number, originally 7  Justifiable and the individual can move the higher judiciary, that is the Supreme Court or the High Courts, if there is any encroachment  Fundamental rights in India are not absolute, reasonable restrictions can be imposed keeping in view the security-requirements of
  • 16. Right to Equality Right To Freedom of speech and expression Right against Exploitation Right to freedom of religion Cultural and educational rights Right to constitutional remedies
  • 17. DIRECTIVE PRINCIPLES  Directives to the government to implement them for establishing social and economic democracy in the country  Principles like adequate means to livelihood, equal pay for both men and women, distribution of wealth so as to serve the common good, free and compulsory primary education, right to work, public assistance in case of old age, unemployment, sickness and disablement, the organisation of village Panchayats, special care to the economically back ward sections of the people etc.  Not justiciable by the court
  • 18. FUNDAMENTAL DUTIES  To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;  To cherish and follow the noble ideals, which inspired our national struggle for freedom;  To uphold and protect the sovereignty, unity and integrity of India;  To defend the country and render national service when called upon to do so;  To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of woman;  To value and preserve the rich heritage of our composite culture;  To protect and improve the natural environments including forests, lakes, rivers and wild life and to have compassion for living creatures;  To develop scientific temper, humanism and the spirit of inquiry and reform;  To safeguard public property and to abjure violence;  To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement.
  • 19. EMERGENCY PROVISIONS • Proclaimed on the ground of war or external aggression or armed rebellion ARTICLE 352 NATIONAL EMERGENCY • Proclaimed on the ground that constitutional machinery has broken down in a state - ARTICLE 356 STATE EMERGENCY • Proclaimed on the ground that a particular state has failed to follow the directions of the Centre ARTICLE 365 STATE EMERGENCY • Proclaimed on the ground that there is threat to the financial stability or Credit of India ARTICLE 360 FINANCIAL EMERGENCY