CONSTITUTIONAL VALUES

what is the Constitution

its a set of rules

rules made by the legislative (lokh sabha and rejya sabha) are called laws

It is ultimately the relation between different levels of the government and the people

when rules and principles are put together in a single written document

its an instrument for the people to restrain the government

why do we need laws?

-So our society can be regulated and work properly.

It protects us , our property, ensures society behaves the way the community expects.

Tells us our consequences

three organs of the government include

-Legislature(makes laws), Judiciary(inteprets laws), Executive(enforces laws)

Why do we need a constitution?

-to govern a country

-defines the nature of political system

HISTORY OF CONSTITUTION

constitution was completed/adopted on November 26 1949 (The Preamble as well)

it came into effect on 26 January 1950(Republic day)

The constitution was formed by the constituent assembly

Dr Rajendra Prasad - President of the constituent assembly and India past 1950

constituent assembly was called the first parliment

Objectives of Constitution in 1947:

1)to set up a union in India comprising of British India and princely states

2)To set up a federal form of government with seperate state government and central government

3)To set up a democracy in which power is derived from the people

4)To protect integrity of india and sovereign right over land , sea and air

5)To help India attain its rightful place in the world

Constituent assembly (known as minature India) elected by legislative assembly

consists of 389 members - 296 of which are british indians

93 from princely state

First meeting of the constituent assembly - 9 December 1946 in New Delhi, last was November 1949

Head of governement - Prime minister

Head of state - President (Nominal head ,no powers)

assembly met in sessions open to the public for 166 days spread over 2 years 11 months and 8 days before

adopting the constitutuon

308 members signed the document in 24 January 1950//

1976 Fundamental duties were added

OBJECTIVES of the constituent assembly

1)To draft the constitution

2)To approve the constitution

3)To promulgate(put into effect) the constitution

Mn Roy was the first to suggest the constitution

NEHRU REPORT - 1928

NEHRU REPORT was the first constitution drafted by motilal Nehru and 8 others. It wasnt accepted

election of 1937 - congress won 78 seats

Setup of constituent assembly

Cabinet mission proposal of May 1946 led by Sir Stafford Cripps Alexander Lawrence. Cabinet mission formed the constituent assembly in december 1946

Dr. Sachchidananda Sinha - first temporary presiedent of India - December 9th 1946

Dr. Bhimrao Ambedkar(considered as father of the indian constitution) - Chairman of drafting committee - December 11th 1946

Leader of Anglo India committe - Frank Anthony

C Rajagopalachari - last governor general of India

Sardar Vallabhbhai Patel - First home minister and deputy prime minister

GV Mavalankar - first speaker of the lokh sabha

24 January 1950 - National Anthem was adopted , composed by Rabindranath Tagore

PREAMBLE -

was taken from USA

what is the preamble

-It is an introductory statement into the constitution which lays down the ideals it attempts to promote aims objectives and what to expect

it basically means we the people constitute India into a sovereign , secular , socialist , democratic republic , justice

, liberty , equality , fraternity , integrity

Preamble was ONLY Amended once in the 42nd ammendment of 1976 which included socialist , secular and integrity were added

Preamble was based on the objective resolution put forth by Jawaharlal Nehru(1946)

it was adopted on 22nd january 1947 by the constituent assembly

Territory - land , sea , air

KEY ELEMENTS OF THE PREAMBLE

1)source of the constituent assembly

2)nature of the state(features)

3)Aims and objectives of the state

4)Preamble to the aid of legal intepretation

1)source of the constituent assembly

-the Source of power lies with the people

2)nature of the state(features)

-Sovereign , secular , socialist , Democratic republic

sovereign - independant free / supereme

socalist - To provide a decent standard of living and distribute wealth equally

Welfare state - For disadvantaged , pension , benefits etc

secular - Equality , right to religion

Democratic

i)Economic - Satisfaction of basic needs and freedom of poverty

ii)political - people are the masters and choose their people

iii)Social - equality on gender caste etc

Direct Democracy - Its where the people vote directly eg: People of Goa choosing not to join Mahrashtra

Republic

- head of the state is elected directly or indirectly for a fixed tenure

India's a member of common wealth

India's a member of UNO (196 members)

India's a member of WTO (world trade organisation)

Electoral college - Composted of members of legislative assembly

3)Aims and objectives

i) Justice - realization of social , economic and political justice

ii) liberty - freedom of thought , expression , belief and faith

in a negative sense - Absenence of arbitary restraint on the freedom of an individual(cannot arrest without reason)

In a positive sense - Creating certain essential conditions which enables an individual to develop his/her personality

and enjoy a free and civilised existence

iii) Equality

all are qual under the law. State cannot descriminate on grounds of race , religion.

Equal opportunity in matter of employement in any office under the state

iv)Fraternity - A spirit of brotherhood

4)Preamble to the aid of legal intepretation

- it doesnt contain any laws enforceable in court but no law can be encated or ammended in a manner which violates the spirit of the preamble

CONSTITUTION OF INDIA

considered the supereme law of india

it follows 2 systems

1)federal - powers are divided between the state government and central government

2)Unitary - Power concentration in central government with weak state powers (union list)

Union list - 100 laws (central powers)

state list - 61 laws (state powers)

concurrent - 52 laws (both)

FEATURES OF FEDERAL SYSTEM

1)Supremacy of the constituion

2)Division of power between union , state

3)Existence of an independant judiciary in the constitution

FEATURES OF UNITARY SYSTEM

1)Single citizenship (america and duel , one for state and one for central)

2)Single constitution

3)Power of union to overide state matters

4)During national emergency the system becomes unitary

5)Change in names of states or boundaries is by the parliment

6)Integrated Judiciary system

7)Centre appoints the governor

Residual power - its the laws which are not in any list , by means it lies with the centre

National emergency : Threats of war

State emergency/Presidential rule : State not cooperating with centre

Financial emergency

Governor represents the President

he is appointed by the president and advice from the council of ministers and PM

Governor is the nominal head and has no real power, Real head of power is the chief minister

MAIN CHARACTERISTICS OF THE CONSTITUTION OF INDIA

1)Partly rigid and flexible

2)federal structure

3)rule of law

4)Seperation of Power

5)Parlimentary system of government

6)Independant Judiciary

7)Single citizenship

STRUCTURE

part III - Fundamental rights

PART IV - Directive principles of state policy

PART IV A - Fundamental duties