Indian Constitution 11
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Transcript of Indian Constitution 11
Indian Constitution
Dr.Amrapali MerchantFormer Vice Chancellor,Dr.Babasaheb Ambedkar Open University,GujaratProfessor & Head Dept.Sociology(Retd.)Sardar Patel University,Vidyanagar
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A federal republic with a parliamentary system of government
capital: New Delhi
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Republic of India
Relatively centralized federal government controls the most essential government functions◦ defense◦ foreign policy◦ taxation◦ public expenditures◦ economic (industrial) planning
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Federal system
Formal political structure of the states parallels that of the national government
national state President Governor Prime Minister Chief Minister Parliament Assembly Supreme Court High Court
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Parallel state structure
bicameral Parliament◦ Rajya Sabha (Council of States)◦ Lok Sabha (House of the People)
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The legislature
Rajya Sabha (Council of States) not more than 250 members◦ 12 are nominated by the President of India◦ the rest are indirectly elected
by state Legislative Assemblies The Council of States can not be dissolved◦ members have terms of 6 years◦ 1/3 members retire at end of every 2nd year
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Rajya Sabha (Council of States)
Lok Sabha (House of the People) 545 members◦ 2 are appointed by the President of India◦ the rest are directly elected from single-member districts
5-year terms unless dissolved Lok Sabha elects its presiding officer◦ the Speaker
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Lok Sabha
Elections held at least every 5 years Prime Minister may call elections earlier
543 single-member districts of roughly equal population party nomination
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Lok Sabha
Constituent assemblyAdoption 26/11/1949Republic Day26/11/1950
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Making of Indian Constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
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Preamble
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
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Preamble
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
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Preamble
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
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Preamble
Battle of plassey—1757 Battle of Buxer—1764 The first war for Independence----1857
The Govt.of India Act--------1858 The India Councils Act-----1861 Formation of Indian National Congress-1885
The India Councils Act-----1892
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Indian Constitution
The Govt.of India Act-1909 The Govt.of India Act-1919 Jaliaval Bagh Tragedy--1919
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Indian Constitution
No cooperation Movement----1920 Simon Commission----1927 Nehru Report----1928 Civil disobedience Act----1930 The Govt.of India Act-1935 Demand for Constituent Assembly--1938 Quit India Movement---1942 Cabinet Mission---1946
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Indian Constitution
Accepted for Constituent Assembly 389 Members 292 Elected 93 Nominated by Princely States 4 Nominated by Govt. First Meeting 9December,1946--------Boycotted by Muslim League
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Crips Mission
26/7/1947 Governor General Lord Mount Batten Announced Separate Assembly for Pakistan
14/8/1947 Reassemble Dr.Rajendra Prasad Elected President 7 memebers for Drafting Committee Dr.B.Ambedakar Chairman of the committee
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Indian Constitution
The Regulating Act—1773 The Charter Act—1793 The Charter Act---1813 The Charter Act---1833 The Charter Act---1853
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Indian Constitution
Aristotle: Constitution is the way of life the state has chosen for itself.
Lord Bryce: Constitution is the aggregate of laws and customs under which the life of the state goes on.
C F Strong: Constitution is the collection of principles according to which the powers of the government, the rights of the governed and the relation between the two are adjusted.
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Definitions
A constitution is a body of fundamental rules, written or unwritten, which determines the organization or structure of the government, distribute powers and determines the relationship among the organs of the government.
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Indian Constitution
A large written constitution
A patch work constitution.
Fundamental Rights.
Directive principles of state policy.
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The followings are the main salient features of Indian constitution
.Union List.(99 items)
.State list.(67 items)
. Concurrent list.(47 items)
. Residuary powers. Exercised by the Union
Govt.)
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Division of powers
Parliamentary form of Govt.
Secularism
Independent & Integrated Judiciary
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The followings are the main salient features of Indian constitution
Federalism.
Judicial Review.
Fundamental Duties.
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The followings are the main salient features of Indian constitution
PART I THE UNION AND ITS TERRITORY Art.( 1-4 )
PART II CITIZENSHIP Art.( 5-11 )
PART III FUNDAMENTAL RIGHTS Art.( 12-35 )
PART IV DIRECTIVE PRINCIPLES OF STATE POLICY Art.( 36-51 )
PART IVA FUNDAMENTAL DUTIES Art.( 51A )
PART V THE UNION Art.( 52-151 ) PART VI THE STATES Art.( 152-237 )
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Parts of the Constitution
PART VII THE STATES IN PART B OF THE FIRST SCHEDULE
Art.( 238 )
PART VIII THE UNION TERRITORIES Art.( 239-243 )
PART IX PANCHAYATS Art.( 243-243zg ) PART IXA MUNICIPALITIES Art.( 243-243zg )
PART X THE SCHEDULED AND TRIBAL AREAS Art.( 244-244A )
PART XI RELATIONS BETWEEN THE UNION AND THE STATES
Art.( 245-263 )
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Parts of the Constitution
PART XII
FINANCE, PROPERTY, CONTRACTS AND SUITS
Art.( 264-300A )
PART XIII
TRADE,COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA
Art.( 301-307 )
PART XIV SERVICES UNDER THE UNION AND THE STATES
Art.( 308-323 )
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Parts of the Constitution
PART XIVA TRIBUNALS Art.( 323A-323B ) PART XV ELECTIONS Art.( 324-329A )
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
Art.( 330-342 )
PART XVII OFFICIAL LANGUAGE Art.( 343-351 )
PART XVIII EMERGENCY PROVISIONS Art.( 352-360 )
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Parts of the Constitution
PART XIX MISCELLANEOUS Art.( 361-367 )
PART XX AMENDMENT OF THE CONSTITUTION Art.( 368 )
PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
Art.( 369-392 )
PART XXII
SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS
Art.( 393-395 )
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Parts of the Constitution
The preamble provides a key to unlock
and explore the spirit of our Constitution. Without it, a proper appreciation of the objectives and values that find place in our Constitution seems a remote possibility
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Indian Constitution
Equality
Dignity of the individual
Fraternity
Unity and integrity of the Nation
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Equality
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TEN FUNDANMANTAL DUTIES
1.To abide by the constitution and to respect ideals of constitution and institutions, the National Flag and the National Anthem.
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National struggle for freedom
To cherish and follow the noble ideals which inspired our national struggle for freedom
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sovereignty, unity
To uphold and protect the sovereignty, unity and integrity of India.
To defend the country and render national service when called upon to do so.
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National service
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harmony and the spiritTo promote harmony and the spirit of common brotherhood amongst all the people of India linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
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protect and improve the natural environment
To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures
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scientific temper
To develop the scientific temper, humanism and the spirit of inquiry and reform.
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excellence
To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement.
Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
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freedoms
The six fundamental rights are:-1. Right to equality2. Right to freedom3. Right against exploitation4.Right to freedom of religion 5. Cultural and educational rights 6. Right to constitutional remedies
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FRights
Includes.. Equality before law. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Equality of opportunity in matters of employment
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FRights
Right to freedom and expression, which enable an individual to participate in public activities.
Freedom to assemble peacefully without arms Freedom to form associations or unions Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of the territory of India
Freedom to practice any profession or to carry on any occupation, trade or business
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Rights
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Right against Exploitation
Abolition of trafficking in human beings and Begar (forced labor). Abolition of employment of children below the age of 14 years in dangerous jobs likefactories and mines.
All religions are equal before theState and no religion shall be given preference over the other.
Citizens are free to preach, practice and propagate any religion of their choice.
The objective of this right is to sustain the principle of secularism in India.
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THE RIGHT TOFREEDOM OF RELIGION
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CULTURAL AND EDUCATIONAL RIGHTS
Any community which has a language and a script of its own has the right to conserve and develop them. No citizen can be discriminated against for admission in State or Stateaided institutions.