Law of the Land Constitution

Law of the Land

Dr.Amrapali MerchantFormer Vice Chancellor,Dr.Babasaheb Ambedkar Open University,GujaratProfessor & Head Dept.Sociology (Rtd.)Sardar Patel University,Vidyanagar

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Republic of IndiaA federal republic with a parliamentary system of governmentcapital: New Delhi

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Indian Parliament

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INDIA

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Relatively centralized federal government controls the most essential government functions◦ defense◦ foreign policy◦ taxation◦ public expenditures◦ economic (industrial) planning

Federal system

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By The People---------Buy the People For the People---------Four the People

Of the People----------OFF the People

Democracy

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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

Parallel state structure

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bicameral Parliament◦ Rajya Sabha (Council of States)◦ Lok Sabha (House of the People)

The legislature

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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

Rajya Sabha (Council of States)

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House of People

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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

Lok Sabha

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Elections held at least every 5 years Prime Minister may call elections earlier

543 single-member districts of roughly equal population party nomination

Lok Sabha

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Constituent assembly Adoption 26/11/1949 Republic Day26/1/1950

Making of Constitution

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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

Indian Constitution

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The Govt.of India Act-1909 The Govt.of India Act-1919 Jaliaval Bagh Tragedy--1919

Indian Constitution

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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

Indian Constitution

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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

Crips Commission

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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

Indian Constitution

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Indian Constitution

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The Regulating Act—1773The Charter Act—1793The Charter Act---1813The Charter Act---1833The Charter Act---1853

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.

Definition

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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.

Indian Constitution

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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:

Preamble

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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

Preamble

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FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

Preamble

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IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

Preamble

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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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Preamble

Sovereignty

Socialism

Secularism

Democracy

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Preamble

Republic

FreedomJustice

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Preamble

Equality

Dignity of the individual

Fraternity

Unity and integrity of the Nation

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Preamble

International peace and

a justinternationa

l order

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Preamble

395 Articles

22 Parts

12 Schedules

Indian Constitution

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2 Years 11 months & 18 days

Written

Enacted

Lengthy

Indian Constitution

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Freedom

Justice Equality

Indian Constitution

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Distribution of powers

Centre

State Residuary powers

Indian Constitution

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Indian Constitution

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Large Constitution Patch work Fundamental

RightsDirective

Principles

.Union List.(99 items)

State list.(67 items)

. Concurrent list.(47 items)

Residuary powers. Exercised by the Union

Govt.)

Distribution of Power

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Parliamentary form of Govt.

Independent & Integrated Judiciary

Secularism

Indian Constitution

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Federalism.

Fundamental Duties.

Fundamental Rights

Indian Constitution

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Judicial Review.

Emergency Provision

s

Civil Services

Indian Constitution

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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 )

Indian Constitution

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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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Indian 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 )

Indian Constitution

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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 )

Indian Constitution

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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 )

Indian Constitution

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Fundamental Rights

Fundamental Rights

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The six fundamental rights are:-

Right to equality

2. Right to freedom

3. Right against exploitation

4.Right to freedom of religion

5. Cultural and educational rights

6. Right to constitutional remedies

Fundamental Rights

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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

Fundamental Rights

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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

Fundamental Rights

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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.

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Right against Exploitation

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THE RIGHT TOFREEDOM OF RELIGION

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

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.

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CULTURAL AND EDUCATIONAL RIGHTS

Empowers the citizens to move a court of law in case of any denial of fundamental rights

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RIGHT TO CONSTITUTIONALREMEDIES

TEN FUNDANMANTAL DUTIES

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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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To cherish and follow the noble ideals which inspired our national struggle for freedom


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To uphold and protect the sovereignty, unity and integrity of India.


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To defend the country and render national service when called upon to do so.

To 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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To value and preserve the rich heritage of our composite culture


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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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To develop the scientific temper, humanism and the spirit of inquiry and reform.

To safeguard public property and to abjure violence

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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.


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Rights literally mean those freedoms which are essential for personal good as well as the good of the community.


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Thank You

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Law of the Land Constitution

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