LAW - GENERAL

PREPARED BY:
RAJWINDER SINGH
BANSAL
(9872275756)
WHAT IS CONSTITUTION??
Almost everything we do is governed by some set of rules.
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 do something against the Rules
referee takes action like send-off a player
Some rules that are made by the legislatures (also known
as Lok sabha/Rajya Sabha in India), for there own
country, are called “Law”.

We need Laws in Society so our society can regulate

and work properly. They are designed to protect us and
our property and to ensure that everyone in society behaves
the way that the community expects them too.

Laws tell us what to expect as a consequence of our

actions. Laws have been the glue that has kept society
together.Without laws there would be complete anarchy.
In General-
The Constitution is the supreme law of the land. All other
laws have to conform to the Constitution. The constitution
contains laws concerning the government and its relations with the
people.
A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.
 WHY DO WE NEED CONSTITUTION?
In General-
I.We need a constitution to govern a country properly.
II.The constitution defines the nature of political system of a country.
III. sometimes we feel strongly about an issue that might go against
our larger interests and the constitution helps us guard against this.
IV. All the 3 organs of government (executive, legislature and
judiciary) functions within the constitution. All the 3 organs of
government, including ordinary citizens, derive their power and
authority (i.e. Fundamental Right) from the constitution. If they
act against it, it is unconstitutional and unlawful.
So constitution is required to have authoritative
allocation of power and function, and also to restrict
them within its limit.
WHY DO WE NEED CONSTITUTION?
WHY DO WE NEED CONSTITUTION?
To perform following Functions we need Constitution-
I. The first function of a constitution is to provide a set of basic rules
that allow for minimal coordination amongst members of a society.
II. The second function of a constitution is to specify who has the
power to make decisions in a society. It decides how the government
will be constituted.
III. The third function of 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.
IV. The fourth function of a constitution is to enable the government
to fulfill the separations of a society and create conditions for a just
society.
PREAMBLE
 THE PREAMBLE TO CONSTITUTION
OF INDIA.
The Preamble to the Constitution of India is a brief introductory
statement that sets out the guiding purpose and principles of the
document.
 The first words of the Preamble - "We, the people" - signifies
that power is ultimately vested in the hands of the People of India.
So far the Preamble has been amended only once in 1976 by 42nd
amendment (change) which inserted the words Socialism,
Secularism and Integrity. A brief description of these
concepts are as follows (in the order they come in Preamble)-
1. Sovereign- It means free to follow internal and external Policies.
2. Secular- It means no particular Religion is preferred.
3. Socialist- It means no concentration of Power and Money.
4.Democratic- It means rule by elected representative of the People
of India.
5.Republic- It means no room for hereditary ruler or monarch.
PURPOSE OF HAVING A PREAMBLE

The Preamble to our Constitution serves two purposes: -

A) It indicates the source from which the Constitution derives
its authority;
B) It also states the objects, which the Constitution seeks to
establish and promote.
WHAT IS THE CONSTITUTION OF
INDIA?
(I) CONSTITUTION OF INDIA IN GENERAL:-
Constitution of India is considered to be the supreme law of the country, as it puts forth
the framework of fundamental political principles. It establishes the structure,
procedures, powers and duties of the government and mentions the fundamental
rights, directive principles and duties of citizens.
The Constitution declares India as a Sovereign, Socialist Democratic, and Republic
with a parliamentary form of government.
The Indian Constitution shows Federal as well as Unitary System.
1. Federal System- powers are divided and/or shared between state and
central governments
2. Union System- power concentration in central government with weak state
Government
WHAT IS THE CONSTITUTION OF
INDIA?
(II) STRUCTURE OF CONSTITUTION OF INDIA :-
The Constitution, in its current form (March 2011), consists of 1 preamble, 25
parts containing 450 articles, 12 schedules, 2 appendices and 97 amendments to
date.Although it is federal in nature it also has a strong unitary bias.
WHAT IS THE CONSTITUTION OF
INDIA?
(III) CONSTITUTION OF INDIA AND GOVERNMENT:-
The Indian government is divided into three distinct but interrelated branches:
Legislative, Executive and Judiciary – have to function within their own spheres
demarcated under the Constitution. In other words, the doctrine of Separation of
Powers has been implicitly recognized by the Indian Constitution.
 WHAT IS THE CONSTITUTION OF
INDIA?
(IV) THE BASIC PRINCIPLES OF THE CONSTITUTION OF INDIA:-
A careful study of the Constitution will show that there are at least
eight basic principles which are embodied in it and which form the
foundation of the political system in India.These are:
(1) Popular sovereignty,
(2) Socialism,
(3) Secularism,
(4) Fundamental rights,
(5) Directive Principles of State Policy,
(6) Judicial independence,
(7) Federalism and
(8) Cabinet government.
 WHAT IS THE CONSTITUTION OF
INDIA?
(V) PROCEDURE OF AMENDMENTS OF THE CONSTITUTION OF INDIA:-
The basic structure of the Constitution is unchangeable and only such amendments
to the Constitution are allowed which do not affect its basic structure or rob it of its
essential character.
1. By simple majority of the Parliament: Amendments in this category can be
made by a simple majority of members present and voting, before sending them for
the President's assent.
2. By special majority of the Parliament: Amendments can be made in this
category by a two - third majority of the total number of members present and
voting, which should not be less than half of the total membership of the house.
3. By special majority of the Parliament and ratification of at least half of the
state legislatures by special majority. After this, it is sent to the President for his
assent.
MAIN CHARACTERISTICS OF CONSTITUTION OF INDIA
1. Longest written constitution.
2. Partly Rigid and Partly Flexible
3. A Democratic Republic
4. Parliamentary System of Government
5. A Federation
6. Fundamental Rights
7. Directive Principles of State Policy
8. Fundamental Duties
9. Secular State
10.An Independent Judiciary
11.Single Citizenship
NATURE OF CONSTITUTION OF INDIA
The constitution of India is basically federal in nature with unitary
features.
Let us first understand the federal system of governance. Federalism is a
form of government where two sets of government operate and function
simultaneously. Each state has its own government, which functions
independently in the local matters like education, health, police etc.. But
matters of national importance, e.g., defence, coins and currency, foreign
affairs, are not left in the hands of the State Government.
Federalism is a principle by means of which there is co-ordinate division of
powers between the Central Government and the State Government and
whereby each of such governments exercise direct and simultaneous
authority in their limited sphere over the same territory.
 MAIN CHARACTERISTICS OF A FEDERAL CONSTITUTION

Dual Government
In a federal state, there are two governments – the national or federal government and the
government of each state.
Distribution of Powers
There is a distribution of legislative and executive powers between the federalgovernment and the
state government.
Supremacy of the Constitution
As there is division of power, such division must be evidenced in a written document.The
constitution, which provides for such division of power is a document of fundamental
importance, and it is from such constitution that a federal polity drives itsexistence.
Authority of Courts
The interpretation of the constitution assumes great importance in the successful working of a
federal constitution. This power of interpretation is vested in the courts. The courts are
empowered to declare any action on the part of the government to be ultra virus; if such action
violets the provisions of the constitution. Therefore, the judiciary acting as the constitution and
guardian of the constitution assumes immense importance in a federal state.
CONSTITUTION OF INDIA IS FEDERAL BUT WITH UNITARY BIAS

It may appear that the Constitution of India has all

characteristics of a federal polity. However, this is not so and
there is departure from the federal principle in various respects.

“The Constitution of India provides a unitary state with

subsidiary federal features, rather than federal state with
subsidiary unitary features”
CHARACTERISTICS OF THE CONSTITUTION OF INDIA

Formation of the Constitution

Federations elsewhere have been the result of a voluntary agreement
between number of sovereign and independent states coming under a
common administration of certain specific purposes. But in India,
federation was not a process of integration,but a process of
decentralization. The former imperialistic unitary state was converted
into a democratic union by the constitution.
Distribution of Powers
It provides for the distribution of power on various matters through
Union list, State list and Concurrent list and also provides for
residuary power on the matters not covered in the above lists. The
constitution of India provides for clear and definite distribution of
administrative power between centre and state.
CHARACTERISTICS OF THE CONSTITUTION OF INDIA

No double Citizenship
There is singe citizenship for the whole union and there is no
citizenship for the state.

No dual system of Judiciary

There is no bifurcation of the judiciary between the federal
(Union) and state government. The same systems of courts,
headed by the Supreme Court, administer both the union laws
and the state laws as per applicable to the cases coming up
forVadjudication. This is again in contrast to the American
System, where there are Federal Courts and State Courts. There
are equal laws for whole country.
CHARACTERISTICS OF THE CONSTITUTION OF INDIA
Election, Accounts and Audit
The machinery for election, accounts and audits is also similarly
integrated as single judiciary.
Power of Union during the failure of Constitutional
Machinery in the State
Where there is a failure to the constitutional machinery in a state,
the president can suspend the constitution of the state and assume
responsibility for administration of the state. In such
circumstances, the parliament may legislate for such a state.
Formation of New States
The Union Legislative has the power to form new states, to
increase or diminish the area of existing states and to alter their
boundaries or names.
FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY (ARTICLE 14 TO 18)
1. Equality before law
It means ‘any person shall not be given any specific rights and common law will be
applied to all individuals.’
Each state has to recognize certain exception of principle of principle of equality before
law due to political and international reasons.
2. Equal protection of law
The law will treat uniformly to all individuals in equal circumstances. All individuals are
equal in the eyes of law and therefore, there shall not be any kinds. There should be no
discrimination between one person and another if, as regards the subject matter of the
legislation, their position is same.
3. Prohibition of discrimination on ground only of religion, race, caste, sex or place of
birth (Article 15).
4. Equality of opportunity in matters of public employment (Article 16).
5. Abolition of untouchability (Article 17).
`(Article 18).
RIGHT TO FREEDOM

1. Freedom of speech and expression (Articles 19 (1)(a) and (2))

2. Freedom of assembly (Article 19 (1)(b) and (3))
3. Freedom to form associations or unions.
4. Freedom to move freely throughout India.
5. Freedom to reside and settle in any part of India.
6. Freedom to acquire, hold and dispose of properties (omitted).
7. Freedom to practice any profession
PROTECTION IN RESPECT OF CONVICTION FOR
OFFENCES (ARTICLE 20)
1.Protection against ex-post facto laws (Article 20(1))
The definition of an ex post facto law is a law that applies to
crimes that happened before the law was passed.
2. Protection against double jeopardy (Article 20(2))
The Fifth Amendment to the Constitution states that no person shall “be
subject for the same offense to be twice put in jeopardy of life or
limb.” The double jeopardy clause bars second prosecutions after
either acquittal or conviction, and prohibits multiple punishments for
the same offense.
3. Protection against self-incriminations (Article 20(3))
This article states that where a person has been accused under a
criminal offense, he shall not be compelled to vouch against himself.
... And that the accused shall have immunityagainst self
incrimination.
RIGHT AGAINST EXPLOITATION (ARTICLE 23 – 24)

1. Prohibition of traffic in human beings and forced labor [Art.

23].
2. Prohibition of employment of children in hazardous
employment [Art. 24].
RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 – 28)

1. Freedom of conscience and free profession of religion (Article

25)
2. Freedom to manage religious affairs (Article 26)
3. Freedom from payment of taxes for promotion of any particular
religion (Article27)
4. Freedom to attend religious instructions in certain educational
institutions (Article 28)
CULTURAL AND EDUCATIONAL RIGHTS

1. Protection of language, script or culture of minorities.(Article

29)
2. Right of minorities to establish and administer educational
institutions (Article 30)
RIGHT TO PROPERTY
It is omitted by the Constitution (44th Amendment) Act, 1978

RIGHT TO CONSTITUTIONAL REMEDIES

Right to constitutional remedies [Article 32 to 35]
empowers the citizens to move to a court of law in case of
any denial of the fundamental rights. For instance, in case of
imprisonment, any citizen can ask the court to see if it is
according to the provisions of the law of the country by
lodging a PIL