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1.SANIYA AKMAL
2.SANIYA KOUSER
3.RAHATH C .S.
4.RAHUL.R
5.SANGHAVI
6.SHAINAZ SARDAR KHAN
7.SACHIN YASHWANT
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TABLE OF CONTENT
1. INTRODUCTION 3-8
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INTRODUCTION
The Constitution of India is a document that establishes the political values, the
powers of government and the rights of the citizens of the country.
It is the supreme law of India and is used by the prime minister, his cabinet of
ministers and the courts to govern the country.
It declares India as a sovereign, socialist, secular, democratic republic, assuring its
citizens of justice, equality and liberty and aims to promote fraternity among them. The
initial draft was composed by B N Rau, the appointed Constitutional Adviser to
Constituent Assembly.
The task of framing the constitution fell upon Dr Bhimrao Ambedkar Although
modeled on the British Constitution, it is designed to suit the needs of a developing
nation with a much larger population and minorities within it. All this was taken into
account when framing the new 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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It is a declaration that the people of India have defined themselves as free people
(sovereign). That there is social and economic equality in this state and there will be
no discrimination based on caste or gender. Everyone has equal rights and
opportunities to get jobs and earn their livelihood. For example, the government has
started a rural employment scheme (socialist).
The government will not favour any one religion (secular). India will never be defined
as a Hindu state, even though there is a majority of Hindus in the country. The
government will respect the presence of Muslims, Sikhs, Christians and any
other religion that someone chooses to follow.
All citizens are able and allowed to be part of the government and this person must be
elected including the head of the state like the president (republic).
The government will be formed of the leaders elected by the people from each region
or constituency and every citizen above 18 is eligible to vote barring none
(democratic). India has 546 constituencies, therefore 546 leaders in the parliament.
The constitutional head of the Executive of the Union, is the President of India. As
per Article 79 of the Constitution of India, the council of the Parliament of the Union
consists of two houses, known as the Council of States, the RajyaSabha and the House
of the People, the LokSabha.
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Amendments in Indian constitution
There are 102 Amendments Bills and 101 Amendment Acts to the
Constitution of India, since it was first enacted in 1950.
The amendments can be effected by the Parliament of India by a
prescribed special majority. The other type of amendments includes those
that require, in addition to a special majority, ratification by atleast one
half of the State Legislatures.
Constitution of India adopted
After the end of British rule in India, in 1947, the Constituent Assembly adopted
the Constitution on 26 November, 1949. It came into effect on 26 January, 1950.
With its adoption, the Union of India became Republic of India, replacing the
Government of India Act, 1935, as the country’s fundamental governing
document. We celebrate Republic Day to commemorate the Constitution of India,
on January 26 every year.
Project –
There are 99 amendments to the constitution. Get a friend to find out about 10 of
the amendments. Then you do the same. Compare and discuss each individual
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amendment and how it might relate to the population of India.
THE DRAFTING COMMITTEE
The Drafting Committee was one of the eight major
committees appointed by the Constituent Assembly (
Proposed by M.N.Roy ) headed by Dr.B.R.Ambedkar.
It was set up on August 29, 1947 to prepare a draft of the new
Constitution for India. It's members included-:
Dr.B.R.Ambedkar
N.Gopalaswamy Ayyangar
A. Krishnaswamy Ayyar
Dr.K.M. Munshi
Syed Mohammad Saadullah
N.Madhava Rau( Replaced B.L.Mitter )
T.T.Krishnamachari ( Replaced D.P.Khaitan )
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The committee published it's first draft in February 1948 and after
about 8 months of discussions and proposed amendments it
published a second draft in October 1948.
It sat for a total of 141 days only.
Dr.B.R.Ambedkar introduced the final draft in the Assembly on
November 4, 1948 ( first reading which ended on November 9 ),
second reading started on November 15, 1948 and ended on
October 17, 1949 ( during this stage about 7653 amendments were
proposed and 2473 were discussed in the Assembly ).
The third reading started on November 14, 1949 and Dr.Ambedkar
moved a motion which was declared passed on November 26, 1949
and we had a new Constitution for independent India.
The Constitution as adopted on November 26, 1949 contained a
Preamble, 395 Articles and 8 Schedules.
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THE PREAMBLE TO CONSTITUTION OF
INDIA
The Preamble to the constitution of India is a brief introductory
statement that sets out the guiding purpose and principles of
the documents.
1. The People :
“ We the people of India having solemnly resolved to constitute
India into a sovereignty socialist, secular democratic, republic
and to secure to all its citizens.”
2. Sovereignty :
India is internally and externally sovereign externally free for
the control of any foreign power and internally also after 1947.
India get external sovereignty after 15august 1947.
3. Socialist :
42 amendment Act 1976, It implies social and economic
equality 16
4. Secular :
42 amendment Act 1976 it has no recognized official religion.
Here all religion are equal . Every person has the right to
preach , Practice ,Propagate any religion of their choice.
5. Democracy :
The people of India elect their government of all levels
Union state and local a system of universal adult franchise
6. Republic:
The head of the state is elected directly or indirectly for a
fixed term.
7. Justice :
1. Social – State treat all citizen are equal.
2. Economic - Reduce the economic disparities between
rich and the poor.
3. Equal opportunity to participate in political activities. 17
8. Liberty :
Liberty means liberty of thought expression being faith and
workshop. Liberty is on of the pillar of democratic system.
9. Equalities:
Equalities means equality of states and opportunities.
10. Fraternity :
Fraternity means the spirit of brotherhood among all the
section of the people assuring the dignity of individual and
the unity and integrity.
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IMPORTANT ARTICLES OF INDIAN
CONSTITUTION :
Article 12-35 : Specify the Fundamental rights available.
Article 36-51 : Specify the Directive principles of state policy
Article 51A : Specifies the fundamental duties of every
citizen.
Article 80 : Specifies the number of seats in the Rajya Sabha.
Article 81 : Specifies the number seats in lok Sabha.
Article 155 : Appointment of the Governor.
Article 214 : High courts for the states.
Article 315 : Public service Commission for the Union and for
the states.
Article 320 : Functions of Public service commissions.
Article 343 : Hindi as official language.
Article 356 : Imposition of president’s rule in states.
Article 370 : Special status to Kashmir.
Article 395 : Repeals India independence act and
government of India Act, 1935.
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STRUCTURE OF THE INDIAN
CONSTITUTION
Indian Constitution when adopted by Constituent
Assembly in 1949, had 395 articles and 22 parts. Many
other articles and three other parts were added to it by
subsequent constitutional amendments. As of now,
Indian constitution contains 448 articles in 25 parts, 12
schedules with 5 appendices and 102 amendments.
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PART 1 (ARTICLES 1-4)
THE UNION AND ITS TERRITORY
Part 1 of the Indian Constitution includes articles from 1-4. It is a
compilation of laws pertaining to the constitution of India as a
country and the Union of states that it is made of.
Article 1- Name and territory of the union
Article 2- Admission and establishment of new states.
Article 3- Formation of new states and alteration of areas,
boundaries or names of existing states.
Article 4- Laws made under article 2 and 3 to provide for the
amendment of the First and the Fourth schedules and
supplemental, incidental and consequential matters.
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PART 2 (ARTICLES 5-11)
CITIZENSHIP
Part 2 of the Indian Constitution deals with the citizenship of India.
Article 5- Citizen at the commencement of the constitution.
Article 6- Rights of citizenship of certain persons who have migrated to
India from Pakistan.
Article 7- Rights of citizenship of certain migrants to Pakistan.
Article 8- Rights of citizenship of certain persons of Indian origin residing
outside India.
Article 9- Persons voluntarily acquiring citizenship of a foreign state not to
be citizens.
Article 10- Continuance of the rights of citizenship.
Article 11- Parliament to regulate the right of citizenship by law.
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PART 3 (ARTICLES12-35)
FUNDAMENTAL RIGHTS
Part 3 of the Indian constitution talks abut the fundamental rights. The
fundamental rights were included in the constitution because they were
considered essential for the development of the personality of every
individual and to preserve human dignity.
Article 12- Definition
Article 13- Laws inconsistent with or in derogation of the fundamental
rights.
Article 14- Equality before law.
Article 15- Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of untouchability.
Article 18- Abolition of titles
Article 19- Protection of certain rights regarding freedom of speech, etc.
Article 20- Protection in respect of conviction for offenses
Article 21- Protection of life and personal liberty.
Article 22- Protection against arrest and detention in certain cases 23
Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories, etc.
Article 25- Freedom of conscience and free profession, practice and
propagation of religion.
Article 26- Freedom to manage religious affairs.
Article 27- Freedom as to payment of taxes for promotion of any particular
religion.
Article 28- Freedom as to attendance at religious instruction of religious
worship in certain educational institutions.
Article 29- Protection of interest of minorities.
Article 30- Right of minorities to establish and administer educational
institutions.
Article 31- Compulsory acquisition of property.
Article 32- Remedies for enforcement of rights conferred by this part.
Article 33- power to parliament to modify the rights conferred by this part
in their application to forces, etc.
Article 34- Restriction on rights conferred by this part while marital law is
in force in any area.
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Article 35- Legislation to give effect to the provisions of this part
Part 4 :Directive principles of state policy
Section 37 Application of principles contained in this part
Section 38 State to secure a social order for the promotion of welfare of
the people.
Section 39A Equal justice and free legal aid
Section 40 Organization of village panchayats Section Right to work, to
education and to public assistance in certain cases
Section 42 Provision for just and human condition of work and maternity
relief
Section 43 Living wage etc , for workers
Section 44 Uniform civil code for the citizens
Section 45 Provision for free and compulsory education for children
Section 46 Provision of educational and economic interest of scheduled
castes , scheduled tribes and other
Section 48 Organization of agriculture and animal husbandry
Section 48A Protection and improvement of environment and safeguarding
of forests and wild life 25
Part 5 : The Union
The President
Section 53 Executive power of the union
Section 57 Eligibility for re-election
Section 60 Oath or affirmation by the President
Section 61 procedure for impeachment of the President
Section 62 Time of holding election to fill vacancy in the office of
President and the term of office of person elected of fill casual vacancy
The vice President
Section 64 The vice President to be ex officio chairman of the council of
states
Section 68 Time of holding election to fill vacancy in the office of vice
President and the term of office of person elected to fill casual vacancy
Section 69 Oath or affirmation by the vice President
Section 70 Discharge of President functions in other contingencies
Section 73 Extent of executive power of the union
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Parliament
Section 80 composition of the council of states
Section 81 composition of the House of the people
Section 83 Duration of Houses of parliament
Section 86 Right of parliament to address and send messages to House
Section 87 Special address by the President
Section 88 Right of ministers and Attorney General as respect
Office of parliament
Section 89 The chairman and Deputy chairman of council of states
Section 90 vacation and resignation of , and removal from the office of
Deputy chairman
Section 91 Power of the Deputy chairman or other person to perform the
duties of the office of , or to act as chairman
Section 93 The speaker and Deputy speaker of House of the people
Section 96 The speaker or the Deputy speaker not to preside while a
resolution for his removal from office under consideration.
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Legislative Procedure
Section 107 Provision as to introduction and passing of bill
Section 108 Joint setting of both Houses in certain cases
Section 109 Special procedure in respect of Money Bill‘s Procedure in
Financial Matters
Section 112 Annual financial statements
Section 113 Procedure in parliament with respect to estimate
Section 114 Special provision as to financial Bill’s
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PART 7 (ARTICLE 238)
THE STATES IN PART B OF THE FIRST SCHEDULE
Article 238 – Repealed.
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Article 243W- Powers, authority and responsibilities of
municipalities, etc.
Article 243X- Power of impose taxes by, and funds of the
municipalities.
Article 243Y- Finance Commission.
Article 243Z- Audit of accounts Municipalities.
Article 243ZA- Elections to the municipalities.
Article 243ZB- Application to Union territories.
Article 243ZC- Part not to apply certain areas.
Article 243ZD- Committee for district planning.
Article 243ZE-Committee for Metropolitan planning.
Article 243ZF- Continuance of existing laws and
municipalities.
Article 243ZG- Bar to interference by courts in electoral
matters.
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Schedules of Indian constitution
Schedules are lists in the constitution of India that categorize and
tabulate bureaucratic activities and policies of the government.
Indian constitution had originally eight schedule the ninth schedule
was added via first amendment act. While 10th schedule was first
added by 35th amendment. Once Sikkim became a state of India the
10th schedule was replied but later added once again by 52nd
amendment Act 1985 in context with the anti-defection law.
First Schedule
It lists the state and territories on of India lists any changes to the
borders and the laws used to make that change.
Second schedule:
Second schedule lists the emoluments for holders of
constitutional officers such as salaries of president, vice president,
ministers, judges, and auditor general of India etc. 35
Third Schedule:
This schedule lists the various forms of oath for holders of various
constitutional offices.
Fourth Schedule:
Fourth schedule enumerates the location of Rajya Sabha seats to
states or union territories.
Fifth Schedule:
This schedule enumerates administration and control of
scheduled areas and scheduled tribes.
a) Scheduled areas are autonomous areas within a states
administered federally, usually populated by predominant scheduled
tribe.
b) Scheduled tribes are groups of indigenous people identified in
the constitution, struggling socio-economically.
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Sixth Schedule:
This schedule comprise provision for the administration of
tribal areas in Assam, Meghalaya, Tripura, Mizoram.
Seventh Schedule:
This schedule has divided the Union and State subjects on which
they can make laws. It comprises Union list, State list and concurrent list.
Eighth Schedule:
This schedule enumerates land and tenure reforms; the accession of
Sikkim with India.
Tenth Schedule:
This schedule comprises anti-defection provision for Member of
parliament and Members of the State legislatures.
Eleventh Schedule:
It was added by 73rd amendment and has list of subjects the
Panchayats Raj institutions or rural local government.
Twelfth Schedule:
It was added by 74th amendment and enlists the subjects
under municipalities or urban local government.
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Conclusion
The Constitution of India has several distinctive features.
It is the lengthiest constitution in the world and it is a
combination of rigidity and flexibility. The supreme court
of India, is the apex court of India which will resolve the
disputes between the center and state or between the
states. India has a parliamentary democracy. The Indian
Constitution provides for Fundamental Rights which are
justifiable. Fundamental Duties and Directive Principles
of State Policy have also been added to the Constitution.
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THANK YOU
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