SOCIO-POLITICAL ASPECTS:CONSTITUTION OF INDIA

PRESENTED BY : RICHA SHARMA

PRANAV BHARGAVA NEERAJ KUMAR RAI

INDIAN CONSTITUTION

Indian Constitution lays down a set of rules to which the ordinary laws of the country must conform.It provides a framework for a democratic and Parliamentary form of Government.The Constitution provides a list of Fundamental Rights and Directive Principles.

Fundamental Rights are a guarantee against encroachments on the rights of citizens by the State or other citizens.If any of the rights are denied a citizen can approach

the Courts.This includes Right to Equality,Right to Freedom,Right to practise Religion,Cultural and Educational Rights and Right to Property.

It also has borrowed a few points freely from many other Constitutions including that of USA, Ireland and Australia and also from the time tested conventions of British Parliament and the Govt of India act of 1935 enacted by the British

ARCHITECT OF INDIAN CONSTITUTION

LATE Dr. B. R. AMBEDKAR

Born on April 14, 1891 in Mhow (presently in Madhya Pradesh).

He was the fourteenth child of Ramji and Bhimabai Sakpal

Ambavedkar. Belonged to the "untouchable" Mahar Caste.

His father and grandfather served in the British Army.

In those days, the government ensured that all the army personnel and their children were educated and ran special schools for this purpose.

The boy who suffered bitter humiliation became the first Minister for Law in free India, and shaped the country’s Constitution.

A determined fighter, a deep scholar, human to the tips of his fingers.

Drafting of Constitution of India

The process of evolution of Constitution began much earlier than 1947.Its origin is closely related to India's struggle for Independence from British rule.

In 1895 the leaders of India's freedom struggle [Annie Besant and Lokmanya Tilak]had put forward a document called Constitution of India Bill.

First session of the Constituent Assembly was held on December 9, 1946 and was attended by 207 members.

The most important Drafting Committee was under the Chairmanship of Dr.B.R.Ambedkar.

After long and painstaking deliberations and several modifications lasting for 166 days in a period of about 3 years.

Assembly approved the draft Constitution on November 26 1949. The longest written Constitution of the World became law on January 26 1950.

SALIENT FEATURES OF INDIAN CONSTITUTION

It has adopted following features from other constitutions.1. British Constitution

    * Parliamentary form of government    * The idea of single citizenship    * The idea of the Rule of law    * Institution of Speaker and his role    * Lawmaking procedure    * Procedure established by Law

2. United States Constitution

    * Charter of Fundamental Rights    * Federal structure of government    * Power of Judicial Review and independence of the judiciary    * President as supreme commander of armed forces     * Due process of law

………..

3. Irish Constitution Directive principles of state policy

4. French Constitution Ideals of Liberty, Equality and Fraternity

5. Canadian Constitution A federal system with a strong central government Idea of Residual Powers

6. Australian Constitution Freedom of trade and commerce within the country and between the States

Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction

7. Malaysian ConstitutionThe idea of the Concurrent list

8. Japanese ConstitutionFundamental Duties

9. Weimar ConstitutionEmergency Provision

PREAMBLE OF CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN DEMOCRATIC REPUBLICandto 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 allFRATERNITY assuring the dignity of the individualand the unity of the Nation.

This is the preamble of India's Constitution approved by the Constituent Assembly in November 26 1949 and came into effect as supreme law of the Nation on January 26 1950.

PRINCIPLES OF CONSTITUTION

Democracy: --Rule by the people--is distinguished most generally

from rule by the few and rule by the one. Democracy, in other words, affords all qualified members of the political community a voice in political decision making.

Constitutionalism: By itself, then, democracy leaves political decisions to

the majority. Constitutionalism is rooted, in part, in a fear of the consequences of majoritarian rule & interference with democratic practice requires a justification.

These restraints could be justified by appeal to moral rights which individuals possess against the majority, and which the constitutional provisions.

AMENDMENTS IN CONSTITUTION

There are 94 Amendments passed till now... From 1951 to 2006.

There are three ways to pass amendments to the constitution :

Simple majority of both houses of the legislature can amend only those articles that are related to matters in the schedules

A two-thirds majority in both houses of the parliament is required for amending articles that deal with important matters

In addition to the two-thirds majority , an amendment related to the distribution of legislative authority between the central and state government also must be passed by 50 percent of the state legislatures.

 Fundamental Rights of the Citizen

Article 12 to 35 of the Indian Constitution covers the Fundamental Rights of the citizen of the country.

General Rights Right to Equality Right against exploitation Right to Freedom of Religion Cultural and Educational rights Right to Constitutional Remedies

Fundamental DutiesCountervailing factor has been introduced by the 42nd amendment Act of 1976, known as the Fundamental Duties...

To respect and incorporate the ideals which were the very base of our national struggle for freedom

To follow the Constitution and respect its institutions, the National Flag and the National Anthem

To spread the message of peace and brotherhood amongst all the Indian citizens irrespective of linguistic, religious and regional or sectional diversities

To discontinue practices pertaining to the impairment of the dignity of women

To protect and promote the sovereignty, unity and integrity of India

To protect public property and to avoid violence

To respect and preserve the rich heritage of Indian culture

IMPACT OF INDIAN CONSTITUTION

INDIAN ECONOMY

The BSE, in Mumbai, is Asia's oldest and India's largest stock exchange by market capitalisation

In 2009, India's nominal GDP stood at US$1.243 trillion, which makes it the eleventh-largest economy in the world.

If PPP is taken into account, India's economy is the fourth largest in the world at US$3.561 trillion corresponding to a per capita income of US$3,100.

The country ranks 139th in nominal GDP per capita and 128th in GDP per capita at PPP.

With an average annual GDP growth rate of 5.8% for the past two decades, India is one of the fastest growing economies in the world. India has the world's second largest labour force, with 516.3 million people.

…………… Agricultural sector accounts for 28% of GDP;

the service and industrial sectors make up 54% and 18% respectively.

From the 1950s to the 1980s, India followed socialist-inspired policies. The economy was shackled by extensive regulation. protectionism, and public ownership, leading to pervasive corruption and slow economic growth.

In 1991, the nation liberalised its economy. Currently, India's economic system is

portrayed as a capitalist model with the influx of private sector enterprise.

POLITICS

The Secretariat Building, in New Delhi, houses key government offices

Multi-party system The federal government has been led by the Indian

National Congress (INC). Politics in the states have been dominated by national

parties like the INC, the BJP and various regional parties.

From 1950 to 1990, barring two brief periods, the INC enjoyed a parliamentary majority.

The INC is considered center-left or "liberal" and the BJP is considered center-right or "conservative".

The INC was out of power between 1977 and 1980, when the Janata Party won the election.

……………… As the 1991 elections gave no political party a majority, the

INC formed a minority government under Prime Minister P.V. Narasimha Rao and was able to complete its five-year term.

In 1998, the BJP formed the National Democratic Alliance (NDA) with several other parties and became the first non-Congress government to complete a full five-year term.

In the 2004 , the INC won the largest number of Lok Sabha seats and formed a government with a coalition called the United Progressive Alliance (UPA), supported by various Left-leaning parties and members opposed to the BJP.

Manmohan Singh became the first prime minister since Jawaharlal Nehru in 1962 to be re-elected after completing a full five-year term.

FOREIGN RELATIONS

It took a leading role in the 1950s by advocating the independence of European colonies in Africa and Asia.

Jointly developed by Sukhoi and Hindustan Aeronautics, the Su-30 MKI "Flanker-H" is the Indian Air Force's prime air superiority fighter.

India is a Member of the Commonwealth of Nations and a founding member of the Non-Aligned Movement.

India was involved in two brief military interventions in neighbouring countries – Indian Peace Keeping Force in Sri Lanka and Operation Cactus in Maldives.

In recent years, India has played an influential role in the SAARC and the WTO.

India has provided as many as 55,000 Indian military and police personnel to serve in thirty-five UN peacekeeping operations across four continents.

Recent overtures by the Indian government have strengthened relations with the United States and China.

Close relationships with other developing nations in South America, Asia and Africa.

India and Russia share an extensive economic, defence and technological relationship.

……………… India maintains the third-largest military force in the

world, which consists of the Indian Army, Navy, Air Force and auxiliary forces such as the Paramilitary Forces, the Coast Guard, and the Strategic Forces Command.

India maintains close defence cooperation with Russia, Israel and France, who are the chief suppliers of arms.

Defence contractors, such as the Defence Research and Development Organisation (DRDO) and Hindustan Aeronautics (HAL), oversee indigenous development of sophisticated arms and military equipment, including ballistic missiles, fighter aircraft and main battle tanks, to reduce India's dependence on foreign imports.

On 12 March 2010, Russia signed with India a nuclear reactor deal which will build 16 nuclear reactors in India as part of defence and energy deals.

On 28 June 2010, Canada signs with India a nuclear co-operation deal to promote and develop co-operation in civilian nuclear energy.

CONCLUSION

India consists of 28 states and seven Union Territories , including all states, and the two union territories of Pondicherry and the National Capital Territory of Delhi.

It is a Sovereign Socialist Democratic Republic with a parliamentary system of government.

Our Constitution is the longest and most comprehensive documents in the history of modern Asian legislature

The Indian constitution has twenty-two parts, 395 articles, and twelve schedules

The Constitution provides a list of Fundamental Rights and Directive Principles.

It provide an enormous body of instructions and provisions that affect almost every aspect of Indian life.

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