Presentation
On
Indian Constitution
Presented By
Yuvraj C. Mohite
M.E II-Electronics(Digital System)
Department of Electronics and Telecommunication Engineering
Vidya Pratishthan College of Engineering, Baramati.
Savitribai Phule Pune University, Pune, Maharashtra.
CONTENTS
Background History
Constituent assembly
Structure
Preamble
Salient Features
Articles in details
Background history
longest written constitution in the world.
the chief architect of the Indian Constitution B. R. Ambedkar.
The Constitution was adopted by the Constituent Assembly on
26 November 1949.
came into effect on 26 January 1950.
Previous legislature
Government of India Act 1858.
Indian Councils Act 1861.
Indian Councils Act 1892.
Indian Councils Act 1909.
Government of India Act 1919.
Government of India Act 1935.
Indian Independence Act 1947.
Influence of other constitutions
British Constitution:-single citizenship.
Australian Constitution:-amendment.
United States Constitution:-federal structure.
French Constitution:-idea of liberty and equality.
Canadian Constitution:-distribution of power
between state and union.
Irish Constitution:-directive principal of state
policy.
Constitution of the Soviet Union:-fundamental
duties.
Constituent assembly
The 389 member.
It held eleven sessions covering a total of 165 days.
29 August 1947, the Constituent Assembly set up a Drafting Committee.
Chairmanship :-Dr. B.R. Ambedkar
1. Pandit Govind Ballabh Pant,
2. Kanaiyalal Maneklal Munshi (Ex- Home Minister, Bombay),
3. Alladi Krishnaswamy Iyer(Ex- Advocate General, Madras State)
4. N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later member of
Nehru Cabinet),
5. B L Mitter (Ex-Advocate General, India),
6. Md. Saadullah (Ex- Chief Minister of Assam, Muslim League member)
7. D P Khaitan (Scion of Khaitan Business family and a renowned lawyer).
Structure
At the time of commencement:-395 articles in
22 parts and 8 schedules the constitution.
current form:- Preamble, 25 parts containing
448 articles, 12 schedules.
Salient Features
Written constitution
Single citizenship
Adult franchise
Fundamental rights
Fundamental duties
Directive principals of state policies
Independent judiciary
Preventive detection
Preambles
Preamble says WE THE PEOPLE OF
INDIA,having solemnly resolved to constitute
india into a
SOVEREIGN,SOCIALIST,SECULAR,DEMOC
RATIC,REPUBLIC and to secure to all its
citizens:
JUSTICE:-social, economic, political.
LIBERTY:-of thaught, expression, belief,faith
and worship
EQUALITY:-of status and opportunity
Case 1:- Berubari union and exchange of
enclaves,1960 preamble is not part of
constitution.
Case 2:-Keshwanand bharti v. state of
kerala,1973-preamble stands as a part of our
constitution.
Case 3:-LIC v. consumer education and research
centre,1995-preamble is integral part of
constitution.
CITIZENSHIP(arts 5-11)
Citizenship can be given by :-domicile,
migration, registration.
The citizenship Act,1955:-citizenship by
birth,naturalization.
Loss of Indian citizenship:-termination,
renunciation , deprivation, conclusion.
STATES(arts 12-13)
Framer have defined the term state so as
include follows:-
i. The government and parliaments of india;
ii. The government and legislature of states;
iii. All local authorities;
iv. Other authorities within the territory of india;or
under the control of central govt.
Case1:-Rajasthan electric board v. mohanlal,
1967
R.D Shetty v. international airport
authority,1979.
Ajay hasia v. khalid mujib,air 1981:-about
other authority.
FUNDAMENTAL RIGHTS(arts 14-35)
Right to equality (arts 14- 18)
Right to freedom(arts 19-22)
Right against exploitation(arts 23-24)
Rights to freedom of religion(arts 25-28)
Cultural and educational rights(arts 29-30)
Right to property(arts 300A,31A,31B,31C)
Right to constitutional remedies(arts 32-35)
Right to constitutional remedies
(arts 32 and 226)
Provides the protection to fundamental writes.
Supreme court power to issue writs in the nature
as follows:-
i. HABEAS CORPUS:- illegal detection.
ii. MANDAMUS:-legal right, legal duty.
iii. PROHIBITION:-can be issued against judicial or
quasi judicial authorities e.g violation of natural
justice.
iv. CERTIORARI:-issued to an inferior court.
v. QUO-WARRANTO:-to control execution action.
DIRECTIVE PRINCIPALS OF STATE
POLICY(arts 36-51)
Justifiable
State shall secure so as to achieve justice of
social, economic and political.(art 39)
Equal justice and free legal aid.(art 39A)
Organization of village panchayat.(art 40)
Right to work and education .(art 41)
Provision for just and human conditions of work.
Organization of agriculture and animal husbandry
Separation of judiciary from execution.(art 50)
The union executive
President
Power of president:-
i. Administrative power
ii. Military power
iii. Diplomatic power
iv. Legislative power
v. Executive power
vi. Power to make rules
State legislature(arts 168-212)
Legislative assembly(art 170):-lower house
Duration of houses of state legislative assembly(art 172-1)
Officers of state legislature(arts 178-187):-speaker, art 186
Legislative council(art 171):-higher house
Duration of legislative council(art 172-2)
Chairmen of legislative council(arts 182-185)
Qualification and membership of state legislature(art 173)
Disqualification for membership of state legislature(art 191)
Union judiciary
Independent judiciaries
Constitution of supreme court (art 124-1)
Appointment of judges (124-2)
Removal of judges (124-4)
Salaries and allowances (art 125)
Services under the union and
states(art 308-323)
Public service commission (art 315)
Constitution of public service commission
(art 316 & 318)
Functions of public service commission
(art-320)
Election(art 324-329)
Independence of election commission
Election commission (art 324)
Staff of the election commission art (324-6)
Enactment of laws with respect to election
(art 327-328)
Emergency
(art 352-360)
Types of emergency:-
1. Threat to security of India or any part of it:-war,
external aggression, armed rebellion
2. Failure of constitutional machinery in a state.
3. Financial emergency.
4. 44th constitutional amendment 1878.
Amendment of the constitution
Methods:-
1. Informal method
2. Formal method:-
Amendment by simple majority
Amendment by special majority (art 368)
Amendment by special majority plus
ratification by state
THANK YOU
