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Constitution Of

India
PRESENTED BY

hEMANT SACHAN
Roll No.- MO729
SEC- A
PGDM
A Living Law

Constitution is not be constructed as a mere law,


but as the machinery by which the laws are made. A
constitution is a living and organic thing which, of all
instruments has the greatest claim to be constructed
broadly and liberally.
a.i.r.1990 s.c.- 781,791
Preamble Of Our
Constitution
“ WE, the people of India, having solemnly
resolved to constitute India into a Sovereign, Socialistic,
Democratic, Republic and to secure for all its citizens,
Justice – social, economic and Political;

Liberty of thought, Expression, Belief, Faith and Worship;


Equality of status and Opportunity, and to promote among
them all Fraternity, assuring the dignity of Individual and
the Unity and Integrity of nation.”
- 26
nov,1949
Principles Of Our
Constitution
The Preamble has clearly states that our country is now
Sovereign in all matters. The ultimate source of all
power is
‘ THE PEOPLE ’.

I. Sovereignty
ii. Democracy
iii. Secularism and
iv. Socialism are the basic principles of our constitution.
sovereignty
this is the main feature of the Indian constitution. India is
completely an independent country now. We are not
subordinate or slave to any country in external or internal
matters.

Democracy
Democracy means a government which is run by
representatives who are elected on the basis of adult
franchise.
secularism
the state gives equal treatment to all religions. It does not
favour any particular religion. The constitution gives
complete freedom to its citizens to practice and preach
their own religion.

Socialism
the achievement of socialism, based on economic and
social equity, is the chief goal of our constitution. It
provides equal opportunities in education, employment,
justice to all.
Fundamental Rights
Our constitution has guaranteed six types of rights to
the citizens. They are :
I. Right to equality- Our constitution gives equal
treatment to all citizens. the state cannot
discriminate on the basis of religion, caste, creed,
sex, language, place of birth etc.
ii. Right to Freedom -Every citizen has right to read
and right, speak, hold public meeting and form any
association or union. A citizen is free to go to any
part of the country and free to acquire any
property.
III. RIGHT AGAINST EXPLOITION
THE PURPOSE OF THIS RIGHT IS TO PREVENT ANY
EXPLOITATION IN THE SOCITY.IT IS AN OFFENSE TO BUY OR
SELL MEN,WOMEN AND CHILDREN.THE CONSTITUTION
PROHIBITS FORCED LABOUR. NOBODY CAN BE ASKED TO
WORK AGAINST HIS WISHES.
IV. RIGHT TO FREEDOM OF RELIGION
EVERY CITIZEN IN INDIA HAS THE RIGHT TO PRACTICE HIS
OWN LANGUAGE,SCRIPT AND CULTURE. PEOPLE OF
DIFFERENT RELIGIONS HAVE ALSO THE FREEDOM TO
PREACH THEIR RELIGION IN A PEACEFUL MANNER.
v. CULTURAL and EDUCATIONAL RIGHT
Every Indian citizen has the right to preserve his own
language, script and culture. People in different parts of
the country speaks different languages. They have the
right to establish their own educational institutions.
vi. RIGHT to CONSTITUTIONAL REMEDIES
Each citizen has the right to approach the court in order to
protect his fundamental right. this is why the Court have
been described as the protector of citizen’s rights.
Fundamental Duties

Our constitution was enforced on January 26,1950. but


nothing was said about the duties of the citizens in
the constitution. In order to make people conscious of
their duties, the constitution was amended in 1986
and the fundamental duties of the citizens were
incorporated in it.
article 51(a)
THE FUNDAMENTAL DUTIES OF EVERY CITIZENS OF
INDIA ARE:
b. To abide by the constitution and respect its ideals
and institutions, the national Flag and Anthem;
c. To uphold and protect the sovereignty, unity,
integrity of India;
d. To defend the country and render national service
when called upon to do so;
e. To renounce practice derogatory to the women;
E. To value and preserve the rich heritage of our composite
culture;
B. To protect and improve the natural environment including
forests, rivers, lakes and wild life, and to have
compassion for living creatures;
C. To safeguard public property and to abjure violence;
D. To strive towards excellence in all spheres of individuals
and collective activity; so that the nation constantly rises
to higher levels of Endeavour and achievement.
The Directive principles of the
State policy

To bring about economic and social welfare in the


country, the directive principles of the state policy
have been stated in our constitution. The purpose is
to bring social equality in the country; specials
directions have been given for the uplift of the
backward communities and weaker sections of our
society. The directive principles also provide equal
pay for equal work for both men and women.
Synergy between Government
and Business
India had adopted the planned structure of
economic growth. Five year plans were drawn up
with resources allocated to different sectors by
the central planning authorities. It was a
licensed, closed economy with the public sectors
holding the commanding heights. The privet
sectors was in a nascent stage. it could not enter
in to areas which were not reserved for the
public sectors and a license was required for any
project.
Economic liberalization began to an extent in 1980, it
accelerated in 1985 and achieved the task off stage in
1991. it is from 1981 onwards that we gradually began to
see synergy being practised in economic growth in india.
The public sector retreated to make way in areas where
the private sectors had a competitive edge. A supreme
synergistic approach is being followed since 1991 with the
increased focus on globalization of the Indian economy.
This synergy is now visible in virtually all the fields of
economic and commercial activities.
Some of areas where synergy can accelerate the growth
process are discussed below:
AGRICULTURE
Keeping in view the dominance of agriculture in Indian
economic and its tremendous employment potential, it
should be given the status of industry, while retaining the
benefits available to it at present. The reforms should also
focus on making far reaching changes in the nature of land
holding in rural areas to ensure that benefits of the
liberalisation process percolate down to the vast majority
of people living in villages.
There is an urgent need to motivate the rural masses to
undertake novel schemes for rural development as the
reform process would have no relevance till the rural
masses are made a part and parcel of it. Policy impetus
should be given to forge linkages of agriculture with allied
activities like food processing, horticulture, floriculture and
sericulture.
INFRASTRUCTURE

For attracting investment into the infrastructure sector, it is


necessary to work for increasing the level of investor
confidence through transparent policies, procedures and
framework.
Disinvestment offers another opportunity. Hence again, the
government will have to make up its mind early and
clearly.
One of the reasons for the delay in the flow of private sector
investment is the non-availability of projects cleared in all
respects, for which competitive bids can be made.
 PORT AND SHIPPING:
In the long run, port trusts, both of major and minor ports,
should be turned into autonomous administrative entities
which lease out operations and construction of new
facilities to the private sector. They should, in fact,
become landlord ports which is the case in most modern
ports around in the world.
2. AIR PORTS AND AIR TRANSPORT:
Ministry of civil aviation should come out with clear cut and
transparent guidelines for attracting private sector
investment in airport construction.
 ROADS :
To facilitate road transport, the quality of traffic
management needs to be improved vastly. a green card
system needs to be introduced for loaded
trucks/containers to move with out checking enroute.
 POWER:
The state electricity boards should be given genuine
autonomy, both financially and operationally.
Arrangements should be may with the private sector or
ntpc for the rehabitalization and operation of poorly
performing stations and other services.
DISINVESTMENT
The disinvestment process is conditioned by multiple
objectives as is the case with privatization and hence a
trade-off becomes inevitable.
There is still one important difference: the government
renounces its control over the PSE’s through privatisation,
while it may retain its control even after disinvestment.
The government has to take decisions at least on three
important issues while adopting the disinvestment process.
These are :
2. How much of the equity holdings and of which PSE’s are
to be divested ?
3. To whom the equities are to be sold ?
4. What modes are to be adopted for disinvestment ?

transparency in disinvestment is important as it


reduces the scope for collusion and misuse of inside
information which would, otherwise, enable certain
privileged sectors of the society to appropriate the gains
from the sale of equities held by the state.
Human resources and core
competence
Government and business will need to work shoulder to
shoulder in removing gaps in the area of human recourses
development. Independent and autonomous organisation
should be created to give recognition and ensure the
quality of training provided by various institutions.
In a knowledge-based development process, human
resources become fundamental to productivity- the only
sure step to growth. it is people who operate the machines
and take decisions on allocating and utilizing all production
resources within the company or country.
SOCIAL RESPONSIBILITY AND
CONSUMER INTERFANCING
Environmental protection is a major social responsibility for
the government and business. Both have to work very
closely to establish links between environmental health
and economic wealth. Business need to take advance
action to bring in the necessary environmental
technologies in time. The goal should be to move to ISO
14000 as early as possible. Small and medium enterprises
should use collective efficiency mechanisms to find cost
effective solutions to the services environment related
problems that they face. Government should also extend a
helping hand in this process.
Conclusion
From this presentation, I tried to highlight the Indian constitution and
its directive principles of the state policy, the fundamental rights
and duties and also its relationship with business.
For any business, to run successfully in any country, it needs the
favorable government policy, rules and regulations. the
government’s rules, regulations and policies are based on
constitution, they can’t make any policy and they can not do any
thing that breaks the borders of the constitution.
Indian constitution too require some amendments, but still india is a
great country for doing any business as our constitution provides
full opportunity for the smooth running of any existing business or
any new business.

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