INTRODUCTION TO

THE

CONSTITUTION OF
INDIA

A Constitution is: The Basic structure which defines the power of the States and the rights and duties of its citizens Written Constitution .

” .. . It must be a stable executive. it has not been possible so far to devise a system which can ensure both conditions in equal degree. Ambedkar as follows A democratic executive must satisfy three conditions: “1. The daily assessment of responsibility. caste and community. Unfortunately. and 2.. 3. The Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to stability.. was the Chief Architect of Indian Constitution The basic form of the Union Government envisaged in the Constitution was introduced by Dr. which is not available in the American system is.Dr. Bhimrao Ramji Ambedkar as chairman of the Constitution Drafting Committee. It must be a responsible executive.. far more effective than the periodic assessment and far more necessary in a country like India. it is felt. It must be impartial to all religion.

South African • India celebrates the adoption of the constitution on 26 January each year as Republic Day .1946) • With an objective Resolution of Pandit Jawaharlal Nehru • Philosophical part . • The constitution of India drawn up by a Constituent Assembly(established according to the cabinet mission plan May6. Germany. USSR. France. Japan. USA.INDIAN Constitution BackGround • Structural part - Derived from the Government of India act 1935.Inspirited from American and Irish Constitution • Political part - Largely from British constitution • Other provision are from Canada. Australia.

Features of Indian Constitution  Drawn from different sources  The longest known Constitution  Detailed Administrative Provision  Incorporate the experience of different Constitutions  More flexible than rigid  Supplemented by multiple Amendment  Fundamental rights .constitutional remedies & Fundamental duties  Peculiarity of the problems to be solved  Reconciliation of written constitution  Judicial review makes the Constitution legalistic  Role of convention under the Constitution  A Federal System with Unitary Biase  Integration &merger  Reorganisation of States  Proposal of Cabinet Mission  Social equality .

Schedule 1to 12 and . Parts I to XXIII covering Article 1 to 450 more 3.Originally in 1949 the constitution contained : • The Preamble • Part I to XXII covering Articles1 to 395 Articles • 8 Schedules •. At present 1.The Constitution consist of the following. The Preamble 2. .

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( 12-35 )  PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY Art. ( 238 )  PART VIII :THE UNION TERRITORIES Art.( 239-243 )  PART IX: PANCHAYATS Art.1-4)  PART II: CITIZENSHIP Art.( 36-51 )  PART IVA: FUNDAMENTAL DUTIES Art.( 52-151 )  PART VI : THE STATES Art.Parts  PART I : THE UNION AND ITS TERRITORY(Art.( 51A )  PART V : THE UNION Art.( 243-243zg ) .( 5-11 )  PART III : FUNDAMENTAL RIGHTS Art.( 152-237 )  PART VII :THE STATES IN PART B OF THE FIRST SCHEDULE Art.( 243-243zg )  PART IXA: MUNICIPALITIES Art.

( 301-307 )  PART XIV : SERVICES UNDER THE UNION AND Art.  ( 264-300A )  PART XIII : TRADE.( 323A-323B )  PART XV : ELECTIONS Art.( 308-323 )  PART XIVA: TRIBUNALS Art. CONTRACTS AND SUITS Art.( 1-4) THE STATES Art.COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA Art.( 244-244A ) RELATIONS BETWEEN THE UNION AND THE STATES Art. PROPERTY.( 324-329A ) . PART X :  PART XI: THE SCHEDULED AND TRIBAL AREAS Art.( 245-263 )  PART XII: FINANCE..

COMMENCEMENT. PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES Art.( 361-367 )  PART XX: AMENDMENT OF THE CONSTITUTION Art.( 343-351 )  PART XVIII: EMERGENCY PROVISIONS Art. TRANSITIONAL AND SPECIAL PROVISIONS Art.( 393-395 )  PART XXIII: Temporary Transactional & other Provision.AUTHORITATIVE TEXT IN HINDI AND REPEALS Art.( 330-342 )  PART XVII: OFFICIAL LANGUAGE Art.( 369-392 )  PARTXXII: SHORTTITLE. (368 )  PART XXI :TEMPORARY.( 352-360 )  PART XIX: MISCELLANEOUS Art. .

and Comptroller and Auditor-General of India.  Third Schedule (Articles 75. judges. 125. 65. . 148.  Second Schedule (Articles 59. 124. . 164.  Fourth Schedule (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. 148. 99. 188 and 219) — Forms of Oaths – This lists the oaths of offices for elected officials and judges.Schedule  First Schedule (Articles 1 and 4) — States and Union Territories – This lists the states and territories on of India. 164. 97. 186 and 221) — Emoluments for High-Level Officials – This lists the salaries of officials holding public office. 158. 75. lists any changes to their borders and the laws used to make that change.

Eighth Schedule . It may be reviewed by the courts [ Tenth Schedule :(Articles 102 and 191) — "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. and concurrent lists of responsibilities.Fifth Schedule :(Article 244) – This provides for the administration and control of Scheduled Areas[ and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). state. Sixth Schedule :(Articles 244 and 275)— Provisions for the administration of tribal areas in Assam Seventh Schedule :(Article 246) — The union (central government).This covers land and tenure reforms. the accession of Sikkim with India.(Articles 344 and 351) — The official languages. Twelfth Schedule :(Article 243-W) — Municipalities (urban planning . Ninth Schedule :(Article 31-B) . Eleventh Schedule :(Article 243-G) — Panchayat Raj (rural development).

Union Executive The President[Articles52-57] Vice President[Article 64-67] Prime Minister & [Article 74-75] Cabinet Ministers .

Jammu & Kashmir.State level Executives: The Governor Chief Minister The State Legislature Bihar. Maharashtra & Utter Pradesh Legislative Assembly Elected House of the State Legislative . Karnataka.

out of 530 represented the states &13 represent the Union Territories The Speaker must be the presiding officer of the Lok Sabha is elected by members themselves. One Deputy Speaker who discharges the duties of presiding officer in speakers absence. A money bill can originate only in Lok Sabha (with presendent prior permission which is certified by the Speaker) .Union Legislature or Parliament The Parliament of India consist of the President and two Houses The lower house is called the House of the People (Lok Sabha)[Article 79] o o o o o Directly elected representative Minimum strength is fixed at 545.

.it can hold the bill not more than 14 days.The upper House is known as the Councile of States (Rajya Sabha)[Article 80]  Consist of representatives of the states  Maximum strength is 250 of which 238 represent state and union territories members elected for a term of 6 yrs  One third of the members retire every two years.  Has a very little power regarding money bills . .

Appeal by special leave 136  Advirsory power(Article 143)  Court of record(article 129)  Power of Judicial review  .Criminal cases134.  Appellate Jurisdiction (Article 134):  Constitutional matters132(1).JUDICIARY The Supreme Court o Jurisdiction : The disputes between centre and a State or States or between two or more States.

High Court It is the hightest court of appeal in the state in both civil and criminal matters supervision over the working of court it can withdraw a case pending before a subordinate court  the High Court Issues writ for the enforcement of fundamental Rigths Under Art 226 .

Constitutional Institutions Controller and Auditor General of India[Article148-149] Attorney General[Article76&88] Election commission[Article 324] .