Introduction to constitutional law Salient features of Indian constitution Introduction to fundamental rights

1. A PRESENTATION ON
By
Group 2

2. 1. What Is Constitution?
Almost everything we do is governed by some set of
rules.
There are rules for games (like- soccer), for social
clubs and for adults in the workplace.
There are also rules imposed by morality and
custom that play an important role in telling us what
we should and should not do.

3. We need Laws in Society so our society can regulate
and work properly.
They are designed to protect us and our property and
to ensure that everyone in society behaves the way
that the community expects them too.
Laws tell us what to expect as a consequence of our
actions.
Laws have been the glue that has kept society
together.
Without laws there would be complete anarchy.

4. In General
The Constitution is the “Supreme law of the
land.”
All other laws have to conform to the
Constitution.
The constitution contains laws concerning the
government and its relations with the people.

5. 5
A constitution is concerned with 2 main aspects:-
• The relation between the different levels of
government
• Between the government and the citizens.
Constitution
...
…Government The People

6. It lays down the framework in :
Defining fundamental political principles,
Establishes the structure, procedures, powers,
duties of government institutions,
Sets out fundamental rights, directive principles,
and the duties of citizens.

7. The Constitution of every country has certain special
features
Because
the historical background ,social, economic and
political conditions influence the making of the
constitution.
All these factors have contributed in the making of the
Constitution of India
Constitution is made based on…

8. • The Constitution was adopted by the Constituent
Assembly on 26 November 1949, and came into
effect on 26 January 1950.

9. PREAMBLE
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:
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;
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

10. ARCHITECTS OF INDIAN
CONSTITUTION
Pt. Nehru signing on the Constitution BR Ambedkar : The Chief architect of
Indian Constitution

12. SALIENT FEATURES OF INDIAN
CONSTITUTION
The Constitution of India has some outstanding
features which distinguishes it from other
constitutions.
The framers of our constitution studied other
constitutions, selected their valuable features and
put them with necessary modifications in our
constitution.

13. They succeeded doing this.
The fact that the constitution, for last 59 years, has
been working satisfactorily is a testimony to its
quality and utility.
Now we will discuss the salient features of our
constitution one by one.

14. A WRITTEN CONSTITUTION
The Constitution of India is a written
constitution.
It was framed by a Constituent Assembly which was
established for the purpose in 1946.
There are two types of constitutions in the
world.

15. The first modern written constitution was the
American constitution.
The British constitution is unwritten, consists of
customs and conventions which have grown over the
years.
The framers of our constitution tried to put
everything in black and white.

16. On the basis of division of power Bw the center
and state the constitution is classified into :
 Federal Constitution
 Unitary Constitution
FEDERAL and Unitary Constitution

17. Federal Constitution :
The state has its own power whereas the center only
shares the important powers .
Ex: the US constitution
‘Federal’ => They have their own structure of the state
and most of the powers are exercised by their own
legislatures and center intervenes only when it comes
to national security and other relations
Otherwise all the decisions are taken by the state

18. Unitary Form of Constitution
Most of the power is vested in the union.
State are the immediate delegates of the union
Ex: British Constitution

19. Our constitution?
A kind of mix
Has both the features of federal and unitary
=> ‘Quasi – Federal Constitution’

20. LONGEST CONSTITUTION
The Constitution of India is the longest in the
world.
Originally it had 395 Articles divided into 22
parts and 8 Schedules.
A number of amendments (98 so far), passed
since its enforcement in 1950, have also become a
part of the Constitution.

21. Today it has:
 444 Articles
 divided into 22 parts
 12 Schedules
The constitution of :
 USA has 7 Articles,
 China 138 Articles
 Japanese 103 Articles
 Canadian 107 Articles.

22. The constitution became lengthy mainly due to the
following factors:
 The constitutional fathers wanted to put
everything in great detail.
 In other federations, there are two constitutions:
o One for the federation and the other for the
states.
o In India, the states do not have separate
constitutions.
o The powers of states along with the powers of
the federation have been stated in one
constitution.

23.  The Government of India Act, 1935 was in operation
when India got independence.
o Our leaders were familiar with this Act.
o They borrowed heavily from this lengthy Act
while framing our constitution.
 India is a country of great diversity.
o It is a country of several minorities
o It has many languages, castes, races and
religions.
o The problems and interests of these different
groups have found place in the constitution.

24.  Good features of other constitutions have been
included, with necessary modifications, in our
constitution.
o For example we have brought :
 The 'bill of rights' from the American constitution
 Parliamentary system of government from the
British constitution.
 Directive Principles of State Policy from the Irish
constitution.
o While including these elements of other
constitutions in our constitution Ambedkar said the
framers of our constitution tried to remove their
faults and suit them to our conditions.

25.  Many members of the Constituent Assembly were
"lawyer-politicians". They have made the constitution
not only long, but also extremely complicated.

26. A RIGID YET FLEXIBLE CONSTITUTION
Whether a constitution is rigid or flexible
depends on the nature of amendments.
Ex of Rigid constitution ?
US Constitution
It is very difficult to amend any part , article of the US
constitution
Our Constitution : “Flexible”
Provision of article 368 under which we can amend our
constitution as and when required

27. Some provisions of our Constitution can be amended by
the Parliament with simple majority.
The amendment of most other provisions of the
constitution requires a special majority in both houses of
the parliament.
There are some other provisions of constitution which
cannot be amended by the parliament alone.
These different amendment procedures make our
constitution partly flexible and rigid.

28. In case of such provision the amending bill :
First to be approved by both houses of parliament by
a special majority (with the support of two-thirds of
the members of each house present and voting).
Then it has to be ratified by the legislatures of at least
half of the states of India.

29. In fact, there is a balance between rigidity and
flexibility in our constitution.
Some amount of flexibility was introduced into our
constitution in order to encourage its growth.
Nehru feared that if a constitution is too rigid, it will
be stagnant.

30. There are 3 organs for a state:
 Legislature
 Executive
 Judiciary
ORGANS OF A STATE

31. Legislature :
Law making Body
Ex: Parliament , State legislature
Executive :
Law enforcement or implementation
Ex: the government
Head of union executive ? The president

32. Judiciary:
Main function
1. Educate the laws made by the legislature,
2. To interpret the laws
3. Declare any such law null or void if it violates
the provisions of the constitution
4. To render justice in the country

33.  Custodian of the constitution
 Guardian of the constitution
 It can term any law as null or void if it is violating
any provision of the constitution
 Even high courts can do but supreme court is the
custodian of the constitution
Supreme court

34. FUNDAMENTAL RIGHTS
The Constitution of India guarantees six
fundamental rights (listed in part III) to every citizen.
1. 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.

35. RIGHT TO PROPERTY , AN ORDINARY
RIGHT
• Till 1979 Right to Property was included in the
list of Fundamental Rights.
• But through 42nd amendment has been made
an ordinary right and for this purpose Articls-
300 A has been included into the constitution.

36.  Originally there were seven fundamental rights.
 One of them was taken away from Part III of the
constitution by the Forty-fourth Amendment Act,
1978.
 As a result, the Right to Property is no longer a
fundamental right.
 Since 1978, it has become a legal right.
 The idea of fundamental rights has been borrowed from
the American Constitution

37.  Any citizen of India can seek the help of High Court
or Supreme Court of India if any of his
fundamental rights is undermined by the
government or any institution or any other
government.
 The fundamental rights, granted to the citizen,
cannot be amended in the normal manner.
 They can be amended with two-third majority in
each house of the Parliament.

38. DIRECTIVE PRINCIPLES OF STATE
POLICY
The Constitution enumerates several Directive
Principles of State Policy (listed in part IV) which are
intended to be implemented by the Centre and State
Governments in due course.
They are aimed at :
the promotion of the material and moral well-being
of the people and to transform India into a Welfare
State.

39. The Directive Principles are not enforceable in a Court of
Law, but they are nevertheless fundamental in the
governance of the country.
In general, the Directive Principles aim at building a
Welfare State.
These principles provide the criteria with which we can
judge the performance of the government.

40. Some of the Directive Principles are:
There should not be concentration of wealth and
means of production to the detriment of common
man.
There should be equal pay for equal work for both
men and women.
Workers should be paid adequate wage.
Weaker sections of the people, Scheduled Caste
and Scheduled Tribe people should be given special
care
The state should promote respect for international
law and international peace.

41. FUNDAMENTAL DUTIES
Another salient feature of the Indian
Constitution is the incorporation of the Fundamental
duties of citizens.
The 42nd amendment of 1976 added Article 51-
A to the Constitution requiring all citizens to fulfill 10
duties
Failure to perform these duties does not carry
any penalty, yet the citizens are expected to follow
them.

42. These are:
 To abide by the Constitution and respect its ideals
and institutions, the National Flag and the
National Anthem.
 To cherish and follow the noble ideals which inspired
our national struggle for freedom.
 Uphold and protect the sovereignty, unity and
integrity of India.
 Defend the country and render national service when
called upon to do so.

43.  to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities; to renounce practices
derogatory to the dignity of women.
 to value and preserve the rich heritage of our
composite culture.

44.  to protect and improve the natural
environment including forests, lakes, rivers and
wild life, and to have compassion for living
creatures.
 to develop the scientific temper, humanism
and the spirit of inquiry and reform
 to safeguard public property and to abjure
violence

45.  to strive towards excellence in all spheres of individual
and collective activity so that the nation constantly
rises to higher levels of endeavor and achievement.

46. SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC
The Constitution declares India as a Sovereign,
Socialist, Secular, Democratic, Republic.

47. Sovereign :
It means absolutely independent;
It is not under the control of any other state.
Before 1947, India was not sovereign as it was under
the British rule.
Now it can frame its policy without any outside
interference.

48. Socialist :
It implies a system which will endeavor to avoid
concentration of wealth in a few hands and will
assure its equitable distribution.
It also implies that India is against exploitation in all
forms and believes in economic justice to all its
citizens.

49. Secular :
India is a country of several religions
Each individual has fundamental profess any
religion he likes
The state neither force its citizen to accept any
specific religion nor discriminate on the basis of
religion

50. Democratic :
Means, the power of the government is vested in
the hands of the people.
People exercise this power through their elected
representatives who, in turn, are responsible to
them.
All the citizens enjoy equal political rights.

51. Republic :
Means, the head of the State is not a hereditary
monarch but a President who is indirectly elected by
the people for a definite period.

52. PROVISIONS OF LIBERAL DEMOCRACY
The Constitution of India makes provisions for the
establishment of liberal democratic government in
India.
Provision of universal adult features has been
made and everybody is given the right to vote
without making any discrimination.
Due respect is given to opposition and the leader
of the opposition is given recognition in both the
houses of Union Parliament and States
Legislatures.

53.  India is declared a Secular state.
 There is provision of Individual judiciary.
 There is Rule of law in India.

54. PARLIAMENTARY DEMOCRACY
In India, there is a parliamentary form of
government.
The majority party in the Lok Sabha forms
government.
The government is run by the Prime Minister and
other members of the Council of Ministers.

55. FEDERAL GOVERNMENT WITH
UNITARY BIAS
India is a federation, although the word 'federation'
does not find a place in the whole text, the elements
of federation are present in the Indian Constitution.
There is constitutional division of powers between
the centre and the states.

56. The Planning Commission has emerged as a 'super
cabinet' or a 'super state'.
The Governor acts as the agent of the center.
The center can reorganize a state, but a state cannot
reorganize the center.
In other words, the center is indestructible while the
states are destructible.

57. During emergencies, the powers of the center
considerably grow and the states become weak.
India has also been characterized as 'a federal state
with unitary spirit.'

58. BI-CAMERAL LEGISLATURE
• According to Article 168 for every state there
shall be legislature which shall consist of
Governor and legislative Council and legislative
assembly.

59. SINGLE-INTEGRATED JUDICIAL SYSTEM
• The entire judicial system of India is organized
into an hierarchical order.
• Supreme Court is at the top of judicial
administration below that there are high courts
at the state level and there are district courts at
the district level.
• All the courts of India are bound to accept the
decisions of the supreme court.

60. INDEPENDENT JUDICIARY
• The constitution of India makes provisions for
the independence of judiciary because
only independent judiciary can
safeguard the rights and liberties of the people
can protect the supremacy of the constitution

61.  An impartial method has been adopted for the
appointment of the judges
 High qualifications have been fixed for the judges
 The judges of the Supreme Court stay in office till 65
years of age and of High courts till 62 years of age
 Difficult method has been adopted for the removal of
the judges as they can be removed only through
impeachment by the union parliament
 There is prohibition of practice after the retirement of
the judges

62. JUDICIAL REVIEW
Another significant feature of the Indian
Constitution is the provision for Judicial Review.
This means that the Supreme Court of India is
empowered to declare a law passed by the Indian
Parliament as null and void if it is inconsistent with
the Fundamental Rights
In the case of the Acts passed by the State
Legislatures, this power is vested with the concerned
High Courts.

63. The Constitution has made the judiciary
independent of the executive.
The President of India appoints the judges of the
Supreme Court and High Courts after consulting the
Chief Justice of India.
The judges are free from the executive control.
Their tenure is guaranteed and their salaries are
fixed by the Constitution.

64. UNIVERSAL ADULT FRANCHISE
Article 326 of the Constitution of India
provides universal adult suffrage.
The voting age has now come down from 21 to 18.
Anybody who has completed 18 years of age,
irrespective of his caste, creed, sex or religion, is
eligible to vote in general elections.
This is one of the most revolutionary aspects of
Indian democracy.

65. LANGUAGE POLICY
India is a country where different languages
are spoken in various parts.
Hindi and English have been made official languages
of the central government.
A state can adopt the language spoken by its people
in that state also as its official language.

66. Although India is a multi-lingual state, the
constitution provides that Hindi in Devnagri script
will be the national language.
It shall be the duty of the union to promote and
spread Hindi language.
At present, we have 22 languages which have
been recognized by the Indian Constitution.

67. JOINT ELECTORAL SYSTEM
• The principle of Joint Electoral System was
adopted after independence.
• Under Article- 325 of the constitution it is said
that for every constituency there will be one
general electoral roll which will be one general
electoral roll which will include the names of all
the voters belonging to different classes ,
religions, sex and races etc., and they will elect a
common representative.

68. SPECIAL PROVISIONS
• SPECIAL PROVISIONS FOR THE PROTECTION OF THE
INTERESTS OF SCHEDUELED CASTES, SCHEDULED
TRIBES, BACKWARD CLASSES AND MINORITIES
• Everybody is given the Right to Equality
• Untouchability has been prohibited
• Under Article 29 and 30 special provisions for the
made for the interests and protection of minorities.

69. NATIONAL COMISSION FOR SCHEDULED
CASTES
• The 68th Constitutional amendment made in
1990, it was provided for the appointment of the
National Commission for the scheduled castes
for the protection of their interests.
• In 2002, the government constituted two
separate commissions for scheduled castes and
scheduled tribes.

70. CONSTITUTIONAL RECOGNITION TO
LOCAL SELF-GOVERNMENT
INSTITUTIONS
• Under 73rd and 74th constitutional
amendments passed in April ,1993.
• Constitutional recognition was granted to the
panchayati Raj Institutions in the villages and
the urban local bodies in the cities and for
this purpose part 9 and part 9A and 11th and
12th schedules were added to the
constitution.

71. SINGLE CITIZENSHIP
• There is provision of single citizenship in India.
• A person may be living in any state, but he is the
citizen of India alone.
• The principle of double citizenship promotes
regionalism and provincialism whereas the
principle of single citizenship promotes national
unity, therefore the principle of single citizenship
is adopted in India.

72. RULE OF LAW
• The Rule of Law means that the law is supreme
over person and everybody is equally responsible
before law howsoever he/she may be.
• Also the man is punished on the violation of law
and no arbitrary punishment can be given to him

73. What is the difference between Human
Rights and Fundamental Rights?
Fundamental rights are similar to human
rights but are different in the sense that
they have legal sanction and are
enforceable in a court of law whereas
human rights do not have such sanctity
and are not enforceable in courts.

74. Then there is difference of universal appeal
because fundamental rights are country
specific that have been made keeping in
mind the history and culture of a country
Whereas
human rights are designed in such a way
that they are of even more basic nature and
apply to all human beings across the world
without any discrimination.

75. The right to a dignified human life is one such human
right which cannot be questioned whether you are in
US or in a poor African country.
Example :

76. FuNdAmEnTal
RiGHts

77. Significance/
Characteristic:-
• Fundamental Rights for Indians are aimed at
overturning the inequities of past social
practices.
• Guarantee that all Indian citizens can and will
lead their life's in peace as long as they live in
Indian democracy.
77Seema Narendran, Ramnarain Ruia College

78. • Essential for development.
• Democracy gave rise to various freedoms in the
form of Fundamental Rights.
• Helps prevention of gross violation of Human
Rights.

79. Fundamental
Rights
Right to
constitutional
remedies
(Article 32-35)
Cultural and
Educational
rights
(Article 29-31)
Right to freedom
of religion
(Article 25-28)
Right against
exploitation
(Article 23,24)
Right to
freedom
(Article 19-22)
Right to
equality
(Article 14-18)
79Seema Narendran, Ramnarain Ruia College