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INDIAN CONSTITUTION

Constitution of India is the supreme law of India. <br>The Constitution of India was drafted by the Constituent Assembly. The Constituent Assembly held its first sitting on the 9th December, 1946. <br>It reassembled on the 14th August, 1947, as the Sovereign Constituent Assembly for the Dominion of India. <br>It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. <br>

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INDIAN CONSTITUTION

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  1. INDIAN CONSTITUTION

  2. The First Book of Constitution of India is Located at Parliament Library Building, New Delhi, India.

  3. Topic: THE FEATURES OF INDIAN CONSTITUTION:An OverviewDr.M.Anjaiah, Associate Professor (Retd.) Adjunct Faculty-Kakatiya University-WarangalEmail ID: anjaiahlib@gmail.comMobile: 990694950/939891722814th May,2025Time: 2.00 PM to 3.15 PM Programme Organised By Hanumakonda District Training Programme For Social Studies Teachers District: HANUMAKONDA

  4. INTRODUCTION • Constitution of India is the supreme law of India. • The Constitution of India was drafted by the Constituent Assembly. The Constituent Assembly held its first sitting on the 9th December, 1946. • It reassembled on the 14th August, 1947, as the Sovereign Constituent Assembly for the Dominion of India. • It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens.

  5. The Final Draft of the Constitution Passed by the Constituent Assembly on 26th November 1949, it came into effect on 26th January 1950. • The date 26th January was chosen to Commemorate “The Declaration of Independence "of 1930. • The Constitution of every country has certain special features, because the Historical Background, Social, Economic and Political conditions influence the making of the constitution. • All these factors have contributed in the making of the Constitution of India.

  6. 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 . 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 .

  7. The History of Constitution of India In the light of these ‘Objectives Resolution’ ’ 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.

  8. Chronological Development of Constitutionalism • The origin and growth of the Indian Constitution have its roots in Indian history during the British period. • Constitutional Development – East India Company Rule 1773 – 1857 • Pitts India Act of 1784 • Charter Acts of 1813,33 and 53 Constitutional Development-Rule under the British Crown 1857-1947 • Indian Councils Act, 1909 –  Morley Minto Reforms • Government of India Act, 1919 – Montagu Chelmsford Reforms.

  9. Government of India Act 1935 • This was the longest and last constitutional measure introduced by British India. • It was the result of multiple round table conferences and a report by the Simon Commission. • As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List.  • Provincial autonomy was introduced in the Provinces by abolishing the Dyarchy. • There was provision for the adoption of Dyarchy at the Centre. • Provided provisions for establishing Federal Court, Reserve Bank of India (RBI).

  10. Constitution of Independent India • The Constitution of India was drawn up by the Constituent Assembly. • Constituent Assembly met for the first time on Dec. 9, 1946.  • The Drafting Committee was established on 29th August 1947, under the chairmanship of Dr.B.R.Ambedkhar, and ; • The Constituent Assembly starts the process of writing the Constitution , with the help BN Rao. • On 14th August 1947; there was a proposal for the creation of committees.

  11. The Constitution was adopted on Nov. 26, 1949 • The Constitution came into effect on Jan. 26,1950, making India a Republic.  • On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952. • It is the longest written constitution in the world containing 395 Articles and 8 Schedules.

  12. Picture shows the pages from the Constitution of India, at the PARLIAMENT MUSEUM, Parliament Library Building, New Delhi. 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 Indiaon 14th August 2006.

  13. VIDEOS0 3.00 MIN. 1.https://www.google.com/search?q=AUDIO+SPEECH+OF+BR+AMBEDKAR+IN+CONSTITUENT+ASSEMBLY-3+MIN&sca_esv=b0843fbf5841e7a4&rlz=1C1GCEU_enIN1160IN1160&sxsrf=AHTn8zoZoiu0GMNB-Hr 2https://www.google.com/search?q=AUDIO+SPEECH+OF+BR+AMBEDKAR+IN+CONSTITUENT+ASSEMBLY-3+MIN&sca_esv=b0843fbf5841e7a4&rlz=1C1GCEU_enIN1160IN1160&sxsrf=AHTn8zoZoiu0GMNB-Hr#fpstate=ive&vld=cid:adfdc8c5,vid:GxYfRPEmWzI,st:0

  14. 2.Why Do We Need Constitution? • To perform following Functions we need Constitution: • A Constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society. • A Constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted. • 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. • A Constitution is to enable the government to fulfill the separations of a society and create conditions for a just society.

  15. Constitution of India Fundamental Rights Directive Principles Fundamental Duties 1 Preamble Parts 25 470 Articles Schedules 12 Amendments 109 5 Appendices What Is The constitution of India?

  16. What Is Constitution? 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, Governor General, Virginia, USA Patrick Henry (1736-1799)

  17. Constitution means, “A Set of Rules and Procedures that explains how a Country is Run”. Constitution Tells us: • Who makes the laws; • How leaders are chosen • What Rights people have; • What powers the government has and • What it can not do…

  18. Both features are listed below:- What Is The constitution of India? Federal Features- 1. Supremacy of the Constitution, 2. Division of power between the Union (central Governments) and State, and 3. The existence of an independent judiciary in the Indian Constitution. 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.

  19. 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).

  20. Sources of Provisions

  21. Philosophy of India Constitution • The Philosophy of the Indian Constitution refers to the Fundamental Values, Principles and Vision that guide its structure and implementation. • It is deeply rooted in Justice, Equality and Liberty and also Fraternity-Ideals clearly expressed in the Preamble. • Sovereign, Socialist, Secular, Democratic and Republic; • Justice, Social, Economic and Political; • Liberty of Thought, Expression, Belief, Faith and Worship; • Equality of Status and Opportunity; • Fraternity; and • Directive Principles of State Policy.

  22. The Following Countries Influenced By Indian Constitution

  23. THE FEATURES OF INDIAN CONSTITUTION

  24. 1. THE PREAMBLE TO CONSTITUTION OF INDIA. • The first words of the Preamble - "We, the People" - signifies that Power is vested in the hands of the People of India. In 1976 by 42nd amendment (change) which the words Socialism, Secularism and Integrity inserted in Preamble. • Sovereign- It means- free to follow internal and external Policies. • Secular- It means- no particular Religion is preferred. • Socialist-It means, no Concentration of Power and Money. • Democratic- It means rule by elected representative of the People of India. • Republic- It means, The Head of the State will be Elected By the People for the Limited Period. 5 Years…President

  25. THE PREAMBLE(Preamble is compared with Human Soul and Heart) • 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.

  26. The Preamble to the Indian Constitution, adopted on November 26, 1949, is a concise statement outlining the core Principles and Objectives of the Indian Constitution. • It declares India as a "sovereign socialist secular democratic republic" and outlines the ideals of justice, liberty, equality, and fraternity for all citizens. It also specifies that the Constitution is adopted, enacted, and given to themselves by the people of India, signifying their sovereignty.

  27. The Preamble-Its Elements • Source of Authority: The Preamble begins with "We, the People of India," emphasizing that the Constitution derives its authority from the people.  2. Nature of the Indian State: It declares India as a "Sovereign Socialist Secular Democratic Republic," defining the form of government and its principles.  3. Objectives of the Constitution: The Preamble outlines the core objectives: Securing Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and promoting Fraternity (ensuring individual dignity) and the Unity and Integrity of The Nation.

  28. 2. Significance of the Preamble Core Values: The Preamble reflects the fundamental values and ideals that the Indian Constitution embodies.  Guiding Light: While not directly enforceable in court, the Preamble is used as a guiding principle in interpreting the Constitution.  Reflection of Intent: The Preamble serves as an introduction to the Constitution, revealing the intentions and goals of the framers.  Sovereignty of the People: The phrase "We, the People of India" emphasizes the power vested in the people and their role in shaping the Constitution.

  29. 3. Lengthiest Written Constitution • The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive, elaborate, and a detailed document in the World. • Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. • Presently (2025), it consists of a Preamble, about 470 Articles (divided into 25 Parts) and 12 Schedules. Reasons for Vastness:  • Geographical factors, that is, the vastness of the country and its diversity. • Historical factors, e.g., the influence of the Government of India Act, 1935, which was bulky. • Single Constitution for both the Centre and the states. • The dominance of legal luminaries in the Constituent Assembly.  • Detailed administrative provisions.

  30. 4. Sovereign ,Socialist ,Secular, and Democratic, Republic (SSSDR) • India has been declared a sovereign, secular, Democratic, Republic through the Preamble of the Constitution of India. • Sovereign State-India is free to formulate its internal and foreign policy and free to maintain relations with any foreign state. • Socialist State- The aim of the state is to establish socialist society which is free from exploitation of man by man and in which social economic and political justice is provided to all. • Secular State- The state has no religion of its own, it does not discriminate against any religion by imposing restrictions upon it.

  31. Every person has the right to practise, profess, propagate his/her religion according to his/her goodwill. • The religious dominations have the right to establish and maintain institutions for religious and charitable purposes; • to manage its own affairs in matters of religion; • to own and acquire movable and immovable property and • to administer such property in accordance with law. • But, no individual is allowed to misuse his or her religious freedom.

  32. 5. A Blend of Rigidity and Flexibility • The Constitution of India is neither rigid nor flexible, but a synthesis of both. • Article 368 provides for two types of amendments: • Some provisions can be amended by a special majority of the Parliament, i.e., a two-thirds majority of the members of each House present and voting, and a majority of the total membership of each House. • Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.  • Some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner ofordinary legislative process.  • These amendments do not come under Article 368.

  33. 6. Parliamentary Form of Government:  • The Constitution of India has opted for the British Parliamentary System of Government rather than the American Presidential System of Government.  • The Constitution establishes the Parliamentary System not only at the Centre, but also in the states.  • The features of parliamentary government in India are: • Presence of Nominal and Real Executives • Majority party rule • Collective responsibility of the executive to the legislature • Membership of the ministers in the legislature • Leadership of the Prime Minister or the Chief Minister • Dissolution of the lower House (LokSabha or Assembly)

  34. 7. Federal System with Unitary Bias: • The term ‘Federation’ has nowhere been used in the constitution.  • Article 1, on the other hand, describes India as a ‘Union of States’ which implies two things: • Indian Federation is not the result of an agreement by the states. • No state has the right to secede from the federation.  • The Constitution of India establishes a federal system of Government.  • It contains all the usual features of a federation, viz., two Governments, division of powers, written Constitution, the supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism. 

  35. The Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong centre, single constitution, single citizenship, flexibility of constitution, integrated judiciary, appointment of state governor by the centre, all-India services, emergency provisions and so on.  • The Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, ‘Quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism

  36. 9. SYNTHESIS OF PARLIAMENTARY,SOVEREIGNTY AND JUDICIAL SUPREMACY: • The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy is with that of the American Supreme Court.  • The American Constitution provides for ‘due process of law’ against the ‘procedure established by law’ contained in the Indian Constitution (Article 21). • Therefore, the framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy.  • The Supreme Court, on the one hand, can declare parliamentary laws as unconstitutional through its power of judicial review.  • On the other hand, the Parliament can amend the major portion of the constitution through its constituent power.

  37. PART-III (12 A TO 35A)FUNDAMENTAL RIGHTS

  38. 10. FUNDAMENTAL RIGHTS - MEANING • Fundamental rights are basis human rights of all citizens. • Part III of the Indian Constitution contains the list of fundamental rights. • Fundamental rights apply irrespective of race, caste, creed, gender, religion and place of birth. • Fundamental rights guarantees civil liberties to all citizens of India.

  39. CHARACTERISTICS • Justiceable • Mentioned in the constitution of India and safeguarded by the state . • Equal for all. • Amendable. • Can be suspended during emergency. • Limit the authority of the government.

  40. IMPORTANCE of FUNDAMENTAL RIGHTS • Essential to protect civil liberties. • Protect the dignity of the individuals. • Prevent the establishment of authoritarian and dictatorial rule by state citizen. • For overall development of citizen and country.

  41. RIGHT TO EQUALITY • Equality before law and equal protection of law. • No discrimination on the basis of caste, race, gender, religion and place of birth. • Equal opportunities in pubic employment. • End of untouchability. • Abolition of titles civilitary and academic distinction are exempted

  42. RIGHT TO FREEDOM • Freedom to speech and expression. • freedom of assembly without arms. • Freedom to form associations as unions. • Freedom of movement within Indian Territory. • Freedom to reside and settle in any part of India. • Freedom to practice any profession, occupation, trade or business.

  43. RIGHT AGAINST EXPLOITATION • Prohibition of trafficking in human being and Beggar (Forced labour) • Abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. • Freedom to form associations as unions. • Freedom of movement within Indian Territory. • Freedom to reside and settle in any part of India. • Freedom to practice any profession, occupation, trade or business

  44. RIGHT TO FREEDOM OF RELIGION • Freedom to profess, practice and propagation of any religion. • Freedom to establish institutions for religions and charitable intent. • No person shall be compelled to pay tax on religious grounds. • Freedom to attend religious worship in educational institution run by religious group.

  45. CULTURAL AND EDUCATIONAL RIGHTS • Any community which has a language and cultural a script of its own has the right to conserve and • All minorities, religious or linguistic, can setup their own educational institutions to preserve and develop their own culture. • Freedom to get admission in educational institutions without any discrimination. • No discrimination by state in giving grant in aid to educational institutions governed by minorities.

  46. RIGHT TO CONSTITUTIONAL REMEDIES • In case of any denial or violation of the fundamental rights citizen can move a court of law. • To strive towards excellence in all spheres of individual and collective so that the nation constantly rise to higher levels of endeavour and achievement • To provide opportunities for education to his child or word between the age of six and fourteen years.

  47. 11. FUNDAMENTAL DUTIES • The original constitution did not provide for the Fundamental Duties of the citizens. • These were added during the operation of internal emergency (1975–77) by the 42ndConstitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee.  • The 86th Constitutional Amendment Act, 2002 added one more fundamental duty.  • The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties. • The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of the duties they owe to their country, their society, and to their fellow citizens. • These are also non-justiciable in nature.

  48. PART-IV (36 A To 51A)8. DIRECTIVE PRINCIPLES OF STATE POLICY

  49. 12. Directive Principles of State Policy: • According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘Novel Feature’ of the Indian Constitution.  • They are enumerated in Part IV of the Constitution. (36A-51A) • They can be classified into three broad categories: • Socialistic • Gandhian • Liberal-intellectual.  • Unlike the Fundamental Rights, the directives are non-justiciable, that is, they are not enforceable by the courts for their violation.  • The Constitution itself declares that ‘these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws’.

  50. 13. UNIVERSAL ADULT FRANCHISE • The Indian Constitution adopts Universal Adult Franchise as a basis of elections to the LokSabha and the State Legislative Assemblies.  • Every citizen who is not less than 18 years of age has a RIGHT TO VOTE without any discrimination of caste, race, religion, sex, literacy, wealth, and so on.  • The voting age was reduced to 18 yearsfrom 21 years in 1989 by the 61st Constitutional Amendment Act, 1988.  • This was achieved by amending Article 326 of the Constitution, which deals with elections to the LokSabha and the Assemblies. 

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