You are on page 1of 36

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

WHAT IS
CONSTITUTION..?

The Constitution is the supreme law of
the land.

All other laws have to conform to the
Constitution.

A constitution is concerned with
2 main aspects:The relation between the different
levels of government and
Between the government and the
citizens.

Role of Constitution in relationship between Government and its people:-

CONSTITUTION

THE PEOPLE

GOVERNMENT

LEGISLATIVE

Makes Laws

JUDICIARY

Interprets Laws

EXECUTIVE

Enforces Laws

The document containing laws and rules which determine and describe the form of the government, the
relationship between the citizens and the government, is called a Constitution.

Constitution provides a set of basic rules that allow
for minimal coordination amongst members of a
society.

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.

It sets some limits on what a government can
impose on its citizens. These limits are fundamental
in the sense that government may ever trespass
them.

It enables the government to fulfill the separations
of a society and create conditions for a just society.

The History of Constitution of
India.
The Second World War made the British weak. Britain was in
immediate danger of Nazi occupation. As the war was taking
a menacing turn from the British point of view, Indian
congress offered to cooperate in the war if transfer of
authority in India is done to an interim government. The
government's response was a statement of the viceroy known
as the
August offer.
 After the war a representative Indian body would be set up to frame a
constitution for India.

Viceroy's Executive Council would be expanded by including Indian
members without delay.

The Indians were assured that the British government would not
transfer power "to any system of government whose authority is not
agreeable to Indians."

THE CONSTITUENT ASSEMBLY

The British sent a group of officials known
as the cabinet mission. The cabinet
mission formed the constituent assembly
in Dec 1946.

After the partition and independence the
constituent assembly took up the work for
framing the constitution.

There were 308 members who were
elected by the Provincial Legislative
Assembly.

The Constituent Assembly met for the first
time in New Delhi on 9 December, 1946 in
the Constitution Hall which is now known as
the Central Hall of Parliament House. 
Dr. Sachchidananda Sinha was the first
president (temporary) of the Constituent
Assembly

On 29 August, 1947, the Constituent
Assembly set up a Drafting Committee
under the Chairmanship of Dr. B.R.
Ambedkar to prepare a Draft Constitution
for India . And Dr. Rajendra Prasad was
elected the President of the Constituent
Assembly

members, under the chairmanship of Dr.
B.R. Ambedkar. The committee studied the
constitutions of various countries and took
the good features from every constitution
and included them in the Indian
Constitution.
The Assembly met in sessions open to the
public, for 166 days, spread over a period of
2 years, 11 months and 18 days before
adopting the Constitution. It was finally
passed and accepted on Nov 26, 1949.

enable the people to read the draft and give
their views on it. It was discussed at great
length. The session were attended by
hundreds of people and the press.
After many deliberations and some
modifications the 308 members of the
Assembly signed two copies (Final) of the
document (one each in Hindi and English) on
24 January 1950 .
On that day when the Constitution was
being
signed, it was drizzling outside and it was
interpreted as a sign of a good omen.
Same day the Assembly unanimously
elected
Dr, Rajendra Prasad as the President of
India.;

Republic Day honors the date on which the Constitution of India came into force on 26 January 1950.
This date was chosen as it was the anniversary of Purna Swaraj Day, which was held on January 26, 1930.
Republic Day celebration actually lasts for three days. The ‘Beating Retreat’ is held at the end of the third day (on 29th January) marking the end of Republic Day celebration.
This retreat is performed by the bands of three wings of Indian defence services on the Raisana hills and the Vijay chawk towards the end of the Rajpath.

The best part about the constitution is that
it allows ‘amendments’ or changes.
Naturally, not all the laws suitable for 1950
are suitable now. So the parliament is
allowed to take a joint decision on which
article of the constitution has to be
amended.
Indian Constitution Amendments have been
done for the purpose of variation, addition
or cancellation of any provision made in the
constitution.

QUASI – FEDERAL
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
 The Centre exercises
control
over
the States. The
States have to respect the laws made by the central
government

Three subject lists, the Union list, the State list, and
the Concurrent list, define the legislative powers of
each level of government.

The Constitution of India provides for a single citizenship
for the whole of India; i.e., Indian citizenship or
citizenship of the country as a whole.

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
byofthe
Government
IndiaIndian
Constitution.
Legislative
The Parliament of India
=the President of India + the
two Houses
Lok Sabha (House of the
People) and Rajya Sabha
(Council of States).

Judiciary
The Supreme Court of
India consists of a Chief
Justice and 30 associate
justices

Executive
The PrPime Minister of
India, Cabinet, executive
departments and agencies.

Structure of Constitution of India
Constitution of India
Fundamental
Rights
Directive
Principles

Preamble 1

Parts 25

Fundamental
Duties

Article
448
s

Amendment
98
s

Schedules 12

Appendices 5

STRUCTURE OF
CONSTITUTION
 
World's lengthiest written constitution had 395
articles in 22 parts and 8 schedules at the time
of commencement.
Now Constitution of India have 448 articles in
25 parts, 12 schedules, 5 appendices and 98
amendments.
 
The Constitution has three main parts which
include the Preamble, Articles, and
Amendments.

Preamble

INTRODUCTION to the Constitution

 

Articles

Amendments

Lay out the STRUCTURE of our GOVERNMENT
CHANGES to the Constitution

Parts (25) – The individual Articles of the
Constitution are grouped together
 Article (1-448) - It is subcategory of
different Parts in the constitution which
contains detail information of the subject
 Amendments (98) - Amendment of the
Constitution of India is the process of
making changes to the nation's
fundamental law.
 Schedules (12) - Schedules are lists in
the Constitution that categorize and
tabulate bureaucratic activity and policy of
the Government.

PREAMBLE

The preamble is like an introduction to the constitution.
According to the original preamble India is a Sovereign,
Democratic Republic. By 42nd amendment of the
constitution India is made also a Socialist and Secular state.
 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
which inserted the words Socialism,
Secularism and Integrity.

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.

Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.
Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Any infringement of fundamental rights can be challenged by any citizen of India in the court of law.

DIRECTIVE PRINCIPLES

Some of the important Directives
given in the Indian Constitution
(1) The states should provide help in
cases of old age, unemployment and
disability.
 (2) State should strive to reduce in
equality between individuals, groups
and professions
 (3) State should promote and foster
rural cottage industries.
 (4) The state should provide
compulsory free primary education to

nal Guarantees that are meant specifically for children incl

and compulsory elementary education for all children in the
e group     (Article 21 A)  

rotected from any hazardous employment till the age of
icle 24)

rotected from being abused and forced by economic necessity
upations unsuited to their age or strength (Article 39(e)) 

al opportunities and facilities to develop in a healthy manner
ions of freedom and dignity and guaranteed protection of
d youth against exploitation and against moral and
ndonment (Article 39 (f)) 

y childhood care and education to all children until they
age of six years (Article 45)

The Constitution of India was handwritten and calligraphed both in English and Hindi.  It wasn’t
typed or printed. The original copies are kept safely inside helium-filled cases in the
library of the Parliament of India. 
Picture shows the pages from the Constitution of India, at the PARLIAMENT MUSEUM,
Parliament Library Building, New Delhi.

HISTORIC CASE RELATED TO CONSTITUTION

Swami Kesavananda Bharti ran a Hindu Mutt in Edneer
village in Kerala but the state wanted to appropriate the
land. Bharati filed a petition claiming that a religious
institution had the right to run its business without
government interference. The State invoked Article 31
which states "no person shall be deprived of his property
save by authority of law." A bench of 13 judges
deliberated on the facts of
the case and through a narrow
7-6 majority, formulated the
Basic Structure Doctrine, which puts
some restrictions to how much the
Parliament can amend the
Constitutional laws.