labour laws -session - constitution

7/31/2019 LABOUR LAWS -Session - Constitution

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LABOUR LAWS -Session

The Indian Constitution


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Background

Process of evolution of Constitution began much earlier than 1947.Its

origin is closely related to India's struggle for Independence from British

rule.

Way back in 1895 the leaders of India's freedom struggle [Annie Besant

and Lokmanya Tilak]had put forward a document called Constitution of

India Bill [also known as Home Rule Bill] which envisaged freedom of

expression and equality before law.

In 1927 Lord Birkenhead,the Secretary of State challenged Indian leaders

'to produce a Constitution which carries behind it a fair measure of

general agreement among different sections'.

The Indian National Congress in 1928 appointed a committee under the

chairmanship of Motilal Nehru 'to determine the principles of Constitution

for India'.


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Background

The Nehru Report submitted on 10th August 1928 was in

effect an outline of a draft Constitution of India.

Envisaged equal rights to men and women regardless of caste,

class,religion or region, free elementary education, freedom

of expression to all etc.

Secular character of the State was listed as a fundamental

right.

The revolutionary idea that framing of Constitution should be

made by a Constituent assembly elected with widest possible

franchise first propounded by M.N.Roy and Jawaharlal Nehru

began to gain ground.


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Background

Dr. Rajendra Prasad was elected as Chairman.

The Assembly formed different sub committees dealing with

different aspects of the Constitution.

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

After long and painstaking deliberations and several

modifications lasting for 166 days in a period of about 3 years

the Constituent Assembly approved the draft Constitution on

November 26 1949.

The longest written Constitution of the World became law on

January 26 1950.


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Background

Indian Constitution have several unique features.

It also have borrowed freely from many other

Constitutions including that of USA, Ireland and

Australia and also from the time tested conventionsof British Parliament and the Government of India

Act of 1935 enacted by the British.

Indian Constitutions lays down a set of rules to which

the ordinary laws of the country must conform.


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Objectives of The Constitution

Constitution of independent India was framed inthe background of about 200 years of colonialrule, a mass-based freedom struggle, the nationalmovement, partition of the country and spread of

communal violence. Therefore, the framers of the Constitution were

concerned about the aspirations of the people,integrity and unity of the country and

establishment of a democratic society. Amongst the members there were some who

held different ideological views.


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Objectives of The Constitution

There were others who were inclined to socialistprinciples, still others holding Gandhian thinkingbut nothing could act as any kind of impedimentin the progress of the Assemblys work because

all these members were of liberal ideas. Their main aim was to give India a Constitution

which will fulfill the cherished ideas and ideals ofthe people of this country.

The constitution was enforced with effect fromJanuary 26, 1950. From that day India became aRepublic


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The Preamble

The Preamble, in brief, explains the objectives

of the Constitution in two ways: one, about

the structure of the governance and the other,

about the ideals to be achieved in

independent India.

It is because of this, the Preamble is

considered to be the key of the Constitution.


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Fundamental Rights including Writs

Sovereignty

Socialist

Secularism Democratic Republic


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Fundamental Rights

Certain rights are considered basic or fundamental asthey provide suitable conditions for the material andmoral uplift of the people. The Indian Constitutionguarantees a number of such rights to the citizens of

India. The Right to Equality;

The Right to Freedom;

The Right against Exploitation;

The Right to Freedom of Religion; Cultural and Educational Rights; and

The Right to Constitutional Remedies


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Directive Principles of State Policy

The Directive Principles of State Policy

constitute another distinctive feature of our

Constitution, These Principles embody certain

ideals and objectives which should be kept inmind by the Union and State Governments

while making laws and implementing policies.

The implementation of these directives was notmade compulsory due to the paucity of

resources.


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Directive Principles of State Policy

The Directive Principles of State Policy are non-justifiable.

No legal remedy can be sought in a court of law ft theGovernment fails to follow or implement any of theseprinciples.

In other words, the Directive Principles are non-justifiablerights of the citizen.

However, these principles are considered important in thegovernance of the country.

It becomes a moral duty of every government to follow

them and realise the purpose behind them. Several amendments to the Constitution, together with

some judgments of the Supreme Court have paved the wayfor the implementation of the Directive Principles.


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Independence of the Judiciary

Our Constitution has taken special care to establish anindependent and impartial judiciary.

The judges of the Supreme Court and the State HighCourts have been provided security of service.

Once appointed, their salaries and allowances cannotbe altered to their disadvantage by the Governmentduring the course of their tenure.

Nor can they be dismissed before the age of theirretirement except in case of proven misconductsupported by a resolution of Parliament passed by atwo-thirds majority.


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Independence of the Judiciary

Security of service of judges is in keeping with the dignityand prestige of the highest judicial organs of the country.

This provision has been made in the Constitution to keepthe judges independent and immune from the control andinfluence of the Executive.

The judges can exercise their discretion in the dispensationof justice even if their decisions go against the Government.

The Supreme Court and the State High Courts are also theguardians of the rights and liberties of the citizens and

protect them against arbitrary action on the part of allgovernment agencies.


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JURISDICTION OF THE SUPREME COURT

The Supreme Court has original, appellate andadvisory jurisdiction.

Its exclusive original jurisdiction extends to anydispute between the Government of India andone or more States or between the Governmentof India and any State or States on one side andone or more States on the other or between twoor more States, if and insofar as the dispute

involves any question (whether of law or of fact)on which the existence or extent of a legal rightdepends.


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JURISDICTION OF THE SUPREME COURT

In addition, Article 32 of the Constitution gives

an extensive original jurisdiction to the

Supreme Court in regard to enforcement of

Fundamental Rights.

It is empowered to issue directions, orders or

writs, including writs in the nature of habeas

corpus, prohibition, to enforce them


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Jurisdiction of High Court

For example : Bombay High Court

The court has jurisdiction over the states ofMaharashtra, Goa and the Union territories of

Daman and Diu and Dadra and Nagar Haveli.The court has benches in Nagpur, Aurangabadand Panaji.

The Bar Council of Maharashtra and Goa hasenrolled approximately 90,000 Advocates onits Roll till October 2009.


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Union's Integration

Eventually a United Nations-overseen ceasefire was agreed

that left India in control of two thirds of the contested region.

Jawaharlal Nehru initially agreed to Mountbattens proposal

that a plebiscite be held in the entire state as soon as

hostilities ceased, and a UN-sponsored cease-fire was agreed

to by both parties on Jan. 1, 1949.

No statewide plebiscite was held, however, for in 1954, after

Pakistan began to receive arms from the United States, Nehru

withdrew his support.

The Indian Constitution came into force in Kashmir on 26

January 1950 with special clauses for the state.


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Article 370

The President was empowered to extend the application of

the provisions of the Constitution of India to the State by an

order issued by him in concurrence with the State

government.

Presumably the temporary provisions, envisaged by Article

370, were meant to remain in operation only so long as the

Constituent Assembly of the State completed its task.

Evidently, the founding fathers of the Indian Constitution

could not have visualised a perpetual Constituent Assemblyfor the State.


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Article 356

Article 356 allows the president to dismiss a state government

on the advice of the governor of the state or on his own if he

is satisfied that the administration of the state cannot be

carried out according to the provisions of the constitution.

Once the elected government is dismissed;

the President of India shall be the head of the state executive.

As in practice, the President acts according to the advice of

Council of Ministers at the Centre, the administration of the

state is performed according to the policies of ruling party at

the center.

labour laws -session - constitution

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