609590247150111307_ps1_eng_our_constitution.pptx

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1. WELCOME 1

2. Constitution of India Basic features: A basic document which lays down the structure of political system Constitution is headed by President of India It deals with – Legislature, Executive & Judiciary It defines their power, demarcates their responsibility & regulates relationship with each other It is a written constitution 2

3. Constitution of India Preamble: “We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialistic, Secular , Democratic Republic and secure to all citizens Justice – social, economical and political, Liberty – of thought, expression, belief, faith & worship, Equality of status and opportunity and promote among them all, 3

4. Constitution of India Preamble: Fraternity assuring the dignity of individual and unity and integrity of the nation, in our constituent assembly this 26 th November, 1949, do hereby adopt, enact and give to ourselves this Constitution” 4

5. Constitution of India 5 Nehru signing Indian Constitution The  Constitution  of  India  was adopted and enacted on 26th November 1949

6. Constitution of India Whether preamble is a part of Constitution? Yes Ordinarily ‘preamble’ is not considered part of a statute & therefore at one time it was thought that the Preamble does not form part of the Constitution This view is no longer correct Supreme Court has held that Preamble is part of Constitution Supreme Court has referred to the Preamble several times while interpreting constitutional provisions 6

7. Constitution of India Whether preamble can be amended? Yes - Supreme Court has declared that: Preamble is part of Constitution It can be amended subject to the condition that it does not affect the basic structure of the Constitution 7

8. Constitution of India Whether preamble has been amended any time? Yes – through 42 nd Amendment Act, 1976 Three terms were included in the Preamble: Secular Socialistic Integrity These are not new since these are already included in spirit in various provisions of the Constitution 8

9. Constitution of India FUNDAMENTAL RIGHTS: Fundamental Rights are incorporated in Articles 12 to 35, forming part III of the Constitution Some of the rights are available only to citizens of India while others are available to all the persons Rights guaranteed fall under following broad categories: Right to equality (Art 14) Prohibition of discrimination (Art 15) Abolition of untouchability (Art 17) Right to freedom protection of life and personal identity(Art 21) Right to freedom of speech, expression, movement (Art 19) Right against exploitation (Art 23 & 24) 9

10. Constitution of India Rights guaranteed fall under following broad categories: Right to freedom of conscience, practice of religion(Art 25 &28) Right to minorities for conservaton of their culture(Art 29 & 30) Right to enforce the Fundamental Rights(Art 32) 10

11. Constitution – important Articles Article 12 – Defining “the State” Article 13 – Prohibiting the State from making any law which takes away the fundamental rights Article 14 – Right to Equality Article 15 – Prohibits State from discriminating against citizens on grounds of religion,race,sex, caste,place of birth but enables States to make special provision for women and children 11

12. Constitution – important Articles Article 16 - Equal opportunity in the matter of public employment Article 16(4) – Provision for reservation in appointment in favour of backward class of citizens which are not adequately represented in the services under Govt. 12

13. Constitution – important Articles Article 19 – Right to freedom Freedom of speech and expression To assembly peacefully without arms To form associations or unions To move freely throughout the territory of India To reside and settle in any part of India To practice any profession or to carry out any procession, trade or business 13

14. Constitution – important Articles Article 19 – Freedom of speech and expression is subject to the following restriction: Security of the State Friendly relations with foreign states Public order Decency or morality Contempt of Court 14

15. Constitution – Directive Principlies Directive Principles of State Policy embodied in Part IV of the Constitution(Art 36 to 51) Contain the principles ‘Fundamental in the governance of the country” 15

16. Directive Principles of Constitution State shall strive to promote welfare of people securing social, economic and political justice State shall strive to minimise inequalities in income State shall direct its policy towards securing the same Ownership & control of the material resources of the community are so distributed as best to subserve the common good 16

17. Directive Principles of Constitution Operation of the economic system does not result in the concentration of wealth and means of production to the common detriment Securing living wage of worker, just and humane conditions of work, participation of workers in management Securing uniform civil code for the citizens throughout the territory of India 17

18. Constitution – Fundamental Duties Article 51A – Fundamental Duties of every citizen: To abide by the Constitution and respect its ideals and institutions, the National Flag & National Anthem To cherish and follow the noble ideals which inspired our national struggle for freedom To upheld and protect the sovereignty, unity and integrity of India To defend the country and render national service when called upon to do so 18

19. Constitution – Fundamental Duties To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religion, linguistic and regional or sectional diversities, to remove the practices derogatory to the dignity of women To value & preserve the rich heritage and our composite culture To protect & improve the natural environment including forests, lakes,rivers and wild lives & have compassion for living creatures 19

20. Constitution – Fundamental Duties To develop the scientific spirit, humanism and the spirit of inquiry and reform To safeguard public property and adjure violence To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of excellence and achievement 20

21. Constitution – important Articles Article 309 - Acts of the appropriate Legislature to regulate the recruitment, and conditions of service of persons appointed, to public services and posts Art 310. (1) Every person who is a member of a defence service or civil service or all-India service, holds the post under the Union during the pleasure of the President of India 21

22. Constitution – important Articles Art 311(1)- No person who is a member of a civil service of the Union or an all-India service shall be dismissed or removed by an authority lower than appointing authority (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry 22

23. Constitution – important Articles Provisions of Article 311(2) shall not apply : ( a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ( b) where the authority empowered to dismiss or remove or reduce him in rank is satisfied that for some reason, to be recorded in writing, that it is not reasonably practicable to hold such inquiry 23

24. Constitution – important Articles © Where the President is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry 24