2. • The constitution of India (COI) is the supreme law of India.
• It frames fundamental, political principles, procedures, practices, rights,
powers, and duties of the government.
• It imparts constitutional supremacy and not parliamentary as it is not
created by the parliamentary but, by a constituent assembly, and adopted
with a declaration in its preamble parliament cannot override it.
• The world's longest constitution is the Indian constitution.
• In the beginning, it had 395 Articles 22 Parts and 8 Schedules.
• It consists of 145000 words making it the second-largest active constitution
in the world.
• Currently, it has a preamble, with 448Articles 25 Parts and 12 Schedules and
103 Amendment.
3. • The constitution of India was adopted on 26th November 1949. it came into
effect on 26th January 1950. 26th January is celebrated as the republic day of
India. it was adopted by the constitutional assembly.
• Dr.Ambekar, the chairman of the drafting committee is widely considered to be
the architect of the constitution of India.
4. • The constitution of India ( Bharatiya Samvidhana) is the supreme law of India.
• The document lays down the framework democratic fundamental political
code, structure, procedures, powers, and duties of government institutions and
sets out fundamental rights(FR), the directive principle of state policy (DPOSP)
of citizens.
• It is the Longest Written Constitution.
• The process of making the Indian constitution began many decades before
India's independence.
• The constitution of India was first drafted by Motilal Nehru in 1928.
• The drafting of the Indian constitution was done by the constituent assembly.
• Indian constitution assembly was convened in December 1946.
5. • The members of the constituent assembly were only Indians.
• The assembly started drafting the constitution law for independent India.
• Dr. Rajendra Prasad was the chairman of the constituent assembly.
• Constitutional law in the generally accepted terms means the rule which
regulates the structure of the principal organs of the government and their
relationship to one another and determines their principal functions.
6. • The rules consist both of legal rules in the strict sense and of usages commonly
called conventions.
• Which without being enacted are accepted as binding by all who are coined in
the government.
• The constitution is the very basis on which the laws of the country gain sanctity.
• The constitution is the living document.
Structure:
• 395 ARTICLES 22 PARTS 8 SCHEDULES (PREVIOUS)
• 448 ARTICLES 25 PARTS 12 SCHEDULES ( PRESENT)
Original constitution- Hand Written
7. • Each Page Decorated- Beohar Ram Manmohar Sinha and Nandalal Bose.
• the constitution was published first in Dehradun, 64 lakhs cost.
• Even today constitution (original) is kept in Helium filled case, in the parliament
(New Delhi).
8. • SALIENT FEATURES OF INDIAN CONSTITUTION:
• A constitution means: A constitution means a document having a special legal
sanctity which sets out the framework and the principal functions of the organs of
the government the operation of those organs.
• The constitution of India (COI) was brought into force on 26th January 1950,
announcing the birth of a new republic to the entire world. It is the supreme lex,
it reflects upon the struggle and aspirations of the people of a country which was
subjected to the oppressive rule of a colonial power for more than 2 centuries.
the COI is also known as "The father of all laws".
• It almost took 3years ( 2 years 11 months and 18 days) to complete the historic
task of drafting the constitution for independent India.The constitution was
adopted on 26th November 1949 and the honorable members appended their
signature on it on 24th January 1950.
9. • Written constitution:
The Indian constitution is a written constitution.
It took 2 years 11 months and 18 days for drafting it.
It is an elaborate document and contains 448 Articles 25 Parts and 12 Schedules.
A constitution is one, which is written down in the form of a constitutional
document.
British constitution: It is characterized as an unwritten constitution because it
is not embodied in one comprehensive constitutional document.
Lengthiest constitution:
The Indian constitution is the longest in the world. this is due to the inclusion of
elaborate provisions regarding the center and state relations.
10. • INFLUENCE OF OTHER COUNTRIES USED IN OUR
CONSTITUTION
• United Kingdom(UK):
• • Parliamentary government
• • Concept of single citizenship
• • Rule of law
• • The legislative speaker and their role
• • Legislative procedure.
• Ireland (Spain):
• • Directive principles of state policy(DPOSP)
11. • Unites States of America(USA):
• • Bills of rights
• • The federal structure of government
• • Electoral college
• • Separation of power
• • Judicial review
• • President as commander in chief of armed forces.
• • Equal protection of the law
• France:
• • Ideals of Liberty, Equality, Fraternity.
12. • Australia:
• • Freedom of trade between states
• • Concurrent lists
• • Preamble terminology
• Canada:
• • Quasi-federal government
• • distribution of powers b/w central and state government
• • residual powers
13. • Soviet union:
• • Fundamental duties (FD)
• • Planning commission
• Weimer( Germany):
• • Emergency provisions (Article: 356)
• South Africa:
• • Amending the constitution
14. • Partly rigid and partly flexible:
• The constitution is partly rigid and partly flexible.
• The procedure laid down in the Indian constitution strikes a golden mean by
avoiding extreme rigidity and extreme flexibility.
• A constitution is called rigid or flexible on the basis of its amending
procedure.
• Rigid Constitution: Amendment of the constitution is not easy.
• Eg: USA,
• Switzerland,
• And Australia.
15. • Flexible constitution: Amendment of the constitution is easy and simple.
• Eg: UK.
• In an inflexible constitution,There are 3 approaches namely which amendment
in the constitution is made.
• (a.) Through simple majority: Amendment can be done by the two houses of
parliament, a simple majority of the members present and voting before
sending it for the president assent.
• (b.) Through special majority: An amendment can be passed by each house of
parliament by a majority of the total members of that house as well as by the
2/3rd majority of the members present and voting in each house of parliament
and send to the president for his assent which cannot be denied.
16. • (c.) Through ratification: Besides the special majority mentioned in the
second category, the same has to be approved also by at least 50% of the
state legislature.This process is called amendment through ratification.
• Socialist state:
Prior to the 42nd amendment of the constitution, the word socialist was not
mentioned in the preamble.
It was only after the 42nd amendment act,1976.
The expression "socialist'" was added to the preamble.
The word "Socialism" is used in democratic as well as the socialist constitution.
It has no defined meaning.
In general, however, it means some form of ownership of the means of
production and distribution by the state.
The supreme court has in a number of its decision referred to the concept of
socialism and has used this concept along with the Directive principle of state
policy (DPOSP) to access and evaluate economic legislation.
17. • According to the supreme court, the principal aim of socialism is to eliminate
inequality of income and standards of life and provide a decent standard of life
to the working people.
• The court has laid emphasis on social justice so as to attain a substantial
degree of social, economic. and political equality.
• Social, Justice, and Equality are complementary to each other.
18. • Secular state:
• India is a country with many religions but the constitution stands for a secular
state of India.
• The word "secular" was not originally present in the preamble.
• It was added thereto by the 42nd amendment act,1976.
• The term "Secularism" means a state which has no religion of its won as
recognized religion of the state.
• Secularism in India does not mean an irreligious or an anti-religious state. it
only means there is no official religion for India and the parliament has no right
of imposing a particular religion as an official religion, it also means that all
citizens irrespective of their religious beliefs, all to be considered and treated
as equal.
19. • Welfare State:
• India is a welfare state.
• The Indian constitution incorporates the principles of social welfare and social
justice so as to achieve the ultimate object of the state.
• The preamble also clearly receipts the existence of such a welfare state, which
is for the common of the people.
20. • Sovereign, Democratic, Republic:
• Sovereign: means supreme and independent. India is internally and
externally a sovereign state.Thus the citizens enjoy the sovereign power to
elect the representatives and the state is also free from any eternal control or
foreign power.
• Democratic: Government of the people, by the people and for the people. it
signifies that the real power arises from the people. In India, the election is
carried out by the process of the Universal Adult Franchise. So as to elect their
representatives for the parliament and state legislative.
• Republic: The preamble declares India as a Republic. It means the head of the
state is not a hereditary ruler rather is indirectly elected for a fixed tenure.
21. • FEDERAL STATE WITH UNITARY BIAS:
• India's constitution is a quasi-federal in nature. India has assumed a federal
structure. It establishes a dual polity, a two-tier government system. ie. one
central government and the state government for each other.
• INDEPENDENCE OF JUDICIARY
• A notable feature of the constitution is that it accords a dignified and crucial
position to the judiciary. A well ordered and well regulated judicial machinery
has been introduced in the country with the supreme court at the apex.
• The jurisdiction of the supreme court is very broad. It is the general court in all
the constitution matters and enjoys an advisory jurisdiction.
22. • SINGLE CITIZENSHIP:
• An important feature of our constitution is single citizenship. All the Indians
irrespective of their domicile enjoys single citizenship of India, so as to foster
strong boards of social and political unity among the people of India who are
divided on various grounds.
• • FUNDAMENTAL RIGHT (FR), FUNDAMENTAL DUTIES(FD),
DIRECTIVE PRINCIPLE OF STATE POLICY (DPOSP)
• FR is the basic right.Which is entitled to envy citizens of India.They have been
the most justiciable and inviolable rights of the constitution.
• The FD was added to the constitution after the 42nd Amendment act,1976.
23. • EMERGENCY CONSTITUTION:
• The centre has the power to take complete control of the state in the following
situations.
• (a.) An act of foreign aggression or internal armed rebellion(ARTICLE -352)
• (b.) Failure of constitutional machinery in a state (ARTICLE-356)
• (c.) Financial emergency(ARTICLE-360)
24. .UNIVERSAL ADULT FRANCHISE:
Indian democracy functions on the basis of one person one vote. every
citizen of India who is 18 years of age or above is entitled to vote in elections
irrespective of caste, sex, religion, or status.
•PARLIAMENTARY DEMOCRACY:
India has a parliamentary form of democracy that has been adopted from
Britain.
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