Indian Constituency & Its Key Takeaways
Indian Constituency & Its Key Takeaways
Key Takeaways
Unveiling the Blueprint of
India's Democracy
Presented By
Akash
Deivasigamoni.
T
Praveen
Kumar.C
Sivaperumal.I
Introduction to the Indian Constitution
• The Indian Constitution is the supreme law of
India, serving as the country's foundational
legal document.
• It was enacted on January 26, 1950, a date
celebrated annually as Republic Day.
• Drafted by the Constituent Assembly, led by
Dr. B.R. Ambedkar, who is often referred to as
the "Father of the Indian Constitution."
• Provides a framework for governance,
outlining the structure, powers, and functions
of government institutions and the rights and
Historical
• The Constitution'sBackground
creation was preceded by India's
struggle for independence from British colonial rule.
• The Constituent Assembly, composed of
representatives from across India, was established in
1946.
• After nearly three years of deliberation, the
Constitution was adopted on November 26, 1949, and
came into effect on January 26, 1950.
• Influences included the British Constitution, American
Constitution, and French Declaration of the Rights of
Man and Citizen.
Preamble to the
• Constitution
The Preamble serves as an introduction to the
Constitution, reflecting its fundamental values and
guiding principles.
• Key values: Justice (social, economic, political), Liberty
(thought, expression, belief, faith, worship), Equality
(status and opportunity), and Fraternity (assuring the
dignity of the individual and the unity and integrity of
the nation).
• Declares India as a Sovereign, Socialist, Secular,
Democratic Republic.
Structure of the Indian
• The Constitution Constitution
is the longest written constitution in
the world, comprising:
448 Articles grouped into 25 Parts.
• 12 Schedules detailing additional administrative and
legislative information.
• 5 Appendices containing important legal documents
and information.
• Divided into sections like the Fundamental Rights,
Directive Principles of State Policy, Fundamental
Duties, etc.
• Ensures flexibility and adaptability to changing times
while maintaining core values.
Fundamental
• Rights
Fundamental Rights are guaranteed to all citizens to
protect their liberties and promote equality.
• There are six fundamental rights:
• Right to Equality (Articles 14-18): Equality before the
law and prohibition of discrimination.
• Right to Freedom (Articles 19-22): Freedom of speech,
assembly, association, movement, residence, and
profession.
• Right Against Exploitation (Articles 23-24): Prohibition
of human trafficking, child labor, and forced labor.
Fundamental
• Rights(Articles 25-28): Freedom
Right to Freedom of Religion
of conscience and the free profession, practice, and
propagation of religion.
• Cultural and Educational Rights (Articles 29-30):
Protection of cultural diversity and minority rights to
establish and administer educational institutions.
• Right to Constitutional Remedies (Article 32): Right to
approach the Supreme Court for enforcement of
Fundamental Rights.
• Fundamental Rights are enforceable by courts and
form the core of India’s democratic fabric.
Directive Principles of State
• Policy
Non-justiciable guidelines for the State to follow in the
governance of the country.
• Aim to promote welfare, social justice, economic
equality, and a fair distribution of resources.
• Examples include:
• Article 39: Ensuring adequate means of livelihood,
equal pay for equal work.
• Article 41: Right to work, education, and public
assistance in cases of unemployment, old age,
sickness, and disability.
• Article 44: Promotion of a Uniform Civil Code for all
citizens.
Fundamental
• Duties Act in 1976.
Added by the 42nd Amendment
• Eleven duties enumerated in Article 51A.
• Key Duties include:
• Respect the Constitution, the national flag, and the
national anthem.
• Protect the sovereignty, unity, and integrity of India.
• Promote harmony, preserve the rich heritage, protect
the environment, and develop scientific temper.
• Duty to safeguard public property and abjure violence.
• Aim to remind citizens of their responsibilities
alongside their rights.
Separation of
Powers
• The Constitution establishes a clear
separation of powers among:
• Executive: President, Prime Minister, and
Council of Ministers.
• Legislature: Parliament (Lok Sabha and
Rajya Sabha).
• Judiciary: Supreme Court, High Courts, and
lower courts.
• Ensures checks and balances to prevent
abuse of power.
Federalism in India
• India follows a quasi-federal structure,
combining federal and unitary features.
• Power is divided between the Central
Government and State Governments.
• There are three lists: Union List, State List,
and Concurrent List.
• Union List has matters of national
importance (e.g., defense, foreign affairs),
while the State List covers local matters
(e.g., police, public health).
Amendment
• Procedure
The Constitution provides a flexible yet rigorous
amendment process.
• Amendments are made to address contemporary
issues and changes in society.
• Procedure:
• Simple majority for certain provisions.
• Special majority in Parliament for most amendments.
• Special majority and ratification by at least half of the
state legislatures for critical amendments.
• Ensures the Constitution remains dynamic while
preserving its core principles.
Emergency
• Provisions
Emergency provisions empower the President to
declare an emergency in specific situations:
• National Emergency (Article 352): Threat to the
security of India due to war, external aggression, or
armed rebellion.
• State Emergency (Article 356): Failure of
constitutional machinery in a state.
• Financial Emergency (Article 360): Threat to the
financial stability of the country.
• Suspension of certain rights and modification of the
balance of power to safeguard national integrity.
Role of the Judiciary
• The judiciary acts as the guardian and
interpreter of the Constitution.
• Judicial Review: Power to declare laws
unconstitutional if they violate the
Constitution.
• Ensures laws and executive actions
comply with constitutional mandates.
• Protects fundamental rights and
upholds the rule of law.
Key
•
Takeaways
The Indian Constitution is a living document
that embodies India's democratic ethos.
• It provides a robust framework for
governance, balancing citizens' rights and
responsibilities.
• Encourages inclusive development, social
justice, and the unity and integrity of the
nation.
• Its flexibility allows it to adapt to changing
needs while preserving its fundamental
Two Mark
Questions
Q. What is the significance of the Preamble to the
Indian Constitution?
Ans: The Preamble serves as an introduction to
the Constitution and states the fundamental
values on which it is based—Justice (social,
economic, and political), Liberty (of thought,
expression, belief, faith, and worship), Equality
(of status and opportunity), and Fraternity
(assuring the dignity of the individual and the
unity of the nation). It reflects the aspirations
Two Mark
Questions
Q. What are Fundamental Rights, and why are
they important?
Ans: Fundamental Rights are enshrined in Part III
of the Indian Constitution and guarantee civil
liberties to all citizens. These rights include the
Right to Equality, Freedom, Protection against
Exploitation, Freedom of Religion, Cultural and
Educational Rights, and the Right to
Constitutional Remedies. They ensure
individuals' protection from arbitrary state
Two Mark
Questions
Q. Explain the concept of Federalism in the
Indian Constitution.
Ans: Indian federalism refers to the division of
powers between the central and state
governments, as defined in the Seventh
Schedule of the Constitution. It is a quasi-federal
system with a strong centralizing tendency,
where power is shared through three lists: the
Union List (central authority), the State List
(state authority), and the Concurrent List (both
Two Mark
Questions
Q. What is Judicial Review in the context of the
Indian Constitution?
Ans: Judicial Review is the power of the judiciary,
particularly the Supreme Court and High Courts,
to review laws passed by the legislature and
actions taken by the executive to ensure they are
in conformity with the Constitution. If any law or
action is found to violate the Constitution, the
courts have the authority to declare it
unconstitutional and void, thus maintaining the
Two Mark
Questions
Q. What is the purpose of the Directive Principles
of State Policy?
Ans: The Directive Principles of State Policy,
outlined in Part IV of the Constitution, provide
guidelines for the central and state governments
to follow when framing laws and policies.
Although not legally enforceable, these principles
aim to create a welfare state by promoting social
and economic democracy. They include
provisions for securing adequate livelihoods,
equal pay for equal work, education, public
Long
Question
Q. Question: Explain the Fundamental Rights
enshrined in the Indian Constitution. How do they
safeguard the rights and freedoms of individuals?
Provide examples of key Fundamental Rights and
their significance.