The constitution of india

This ppt contain a descriptive study of Indian constitution

1. The constitution of India

2. Zobia Amar R eg no # 631 2

3. HISTORICAL BACKGROUND The Indian subcontinent was under British rule from 1857 to 1947 India ceased to be a dominion of the British Crown and became a sovereign democratic republic The Indian constitution is the world's longest constitution The Indian Councils Act 1892 established provincial legislatures and increased the powers of the Legislative Council The Indian Councils Act 1909 and the Government of India Act 1919 further expanded participation of Indians in the government  3

4. Previous Legislations as Source Government of India Act 1858 Indian Councils Act 1861 Indian Councils Act 1892 Indian Councils Act 1909 Government of India Act 1919 Government of India Act 1935 Indian Independence Act 1947 4

5. Drafting and Formulation of Indian constitution The Constitution was drafted by the Constituent Assembly On the 14 August 1947 meeting of the Assembly, a proposal for forming various committees was presented. Such committees included a Committee on Fundamental Rights, the Union Powers Committee and Union Constitution Committee The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950 5

6. Influence from other constitutions Parliamentary Government and Rule of Law are the influences of the British Constitution. The Fundamental Rights and the special position of the judiciary is the influence of the constitution of U.S.A The Directive Principles of State Policy have been borrowed from the constitution of Ireland. The Federal system of India is the influence of Canadian Constitution. The method of the amendment of the constitution and the method of the election of the members of Rajya Sabha have been borrowed from the constitution of South Africa. The Emergency powers of the President are the influence of the Weimer Constitution of Germany. 6

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8. Syeda Afifa Azhar Reg no # 586 8

9. Parts of Indian constitution Preamble Part I– Union and its Territory Part II– Citizenship. Part III– Fundamental Rights. Part IV – Directive Principles of State Policy. Part IVA – Fundamental Duties. Part V– The Union. Part VI– The States. Part VII – States in the B part of the First schedule (Repealed). Part VIII– The Union Territories Part IX– The Panchayats . Part IXA– The Municipalities. Part IXB – The Co-operative Societies. Part X – The scheduled and Tribal Areas Part XI – Relations between the Union and the States. Part XII– Finance, Property, Contracts and Suits Part XIII – Trade and Commerce within the territory of India Part XIV– Services under the Union, the States. Part XIVA – Tribunals. 9 Part XV – Elections Part XVI– Special Provisions Relating to certain Classes. Part XVII– Languages Part XVIII – Emergency Provisions Part XIX – Miscellaneous Part XX – Amendment of the Constitution Part XXI – Temporary, Transitional and Special Provisions Part XXII – Short title, date of commencement, Authoritative text in Hindi and Repeals

10. Preamble: Constitution starts with preamble Sovereign State Socialist State Secular State Democratic State Republic FORM OF GOVERNMENT FEDERAL IN FORM , UNITARY IN SPIRIT FIXED SIZE OF COUNCIL OF MINISTERS RIGID AS WELL AS FLEXIBLE CONSTITUTION LIMITED POWERS OF THE PARLIAMENT SINGLE-INTEGRATED JUDICIAL SYSTEM    Federal System with a strong center Three Tier Government 10

11. Status and powers of president in constitution: In Indian Parliamentary practice, the President is the nominal executive or a Constitutional ruler. He is the head of the nation, but does not govern the nation Status and powers of Indian PM: The Prime Minister of India is the leader of the executive branch of the Government of India. The Prime Minister is also the chief advisor to the President of India and head of the Council of Ministers They can be a member of any of the two houses of Parliament(the  Lok Sabha  or the  Rajya Sabha ), but has to be the leader of the political party, having a majority in the  Lok Sabha 11

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13. Your Date Here Your Footer Here 13

14. Your Date Here Your Footer Here 14

15. Your Date Here Your Footer Here 15 I qra M umtaz Reg no # 610 Laws of 29 states of India

16. Three Lists of Indian Constitution Under the Article 246[3] of the Indian Constitution: Union list State list Concurrent list 16

17. DRINKING AND SMOKING LAWS Tobacco Legislations in India: Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) came into force on 1 May 2004. 17

18. Ban on public smoking Section 3(l) of the COTPA Smoking zone has to be set up 18

19. Drinking and Driving Law Section 185 of the Motor Vehicles Act, 1988, first offence with imprisonment of 6 months and 2000 fine For subsequent offence within 3 years ,imprisonment of 2 years and 3000 fine. Implementation of the Alcohol laws in India Article 47   legal age varies between 18 to 25 in different states 19

20. Hindu view of Marriage The Hindu Marriage Act, 1955 came into force on May 18, 1955. Applicability: Under Section 2 of the Hindu Marriage Act, 1955 Condition: Perfectly fine Age limit Amendment 20

21. Nimra Mehmood Malik Reg no # 624 21

22. Marriage Laws (Amendment) Bill, 2010 Special Marriage Act 1954 Section 13-B Section 13D New section 13E Section 13C 22

23. Nullity of Marriage and Divorce Section 13 of Hindu Marriage Act, 1955. Section 5 23

24. …. Adultery Under Sec. 497 Desertion Conversion Mental Disabilities & Other Veneral Disease 24

25. Prohibition law for Cow Slaughter Article 48 Andhra Pradesh: Prohibition of Cow Slaughter and Animal Preservation Act, 1977  Assam: The Assam Cattle Preservation Act, 1950  Bihar: The Bihar Preservation and Improvement of Animals Act, 1955 25

26. Freedom of Religion in India 26 Article 25-28 Incidents of religious intolerance Jehovah’s Incident.

27. Interstate Dispute Narmada Water Dispute Under Section 4 of the Inter-state Water Dispute Act, 1956 Gujarat - 90 lakh acre feet Madhya Pradesh - 182.5 lakh acre feet Maharashtra - 2.5 lakh acre feet 27

28. Kainaat Mumtaz Reg no # 608 28

29. RIGHT TO EQUALITY Article 14 (Equality before law) Article 15 (Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth) Article 16 (Equality of opportunities in matters of public employment) Article 17 (Abolition of Untouchability ) Article 18 (Abolition of titles) 29

30. RECOGNIZES TRANSGENDER AS THIRD GENDER Facts Legal Services Authority Act and a Women’s Welfare Society Member of the Hijra community( Laxmi Narayan Tripathy ) and a eunuch( Siddarth Narrain ) Violation of Articles 14 to 16 and 21 30

31. Issues Whether a person who is born as a male with predominantly female orientation (or vice versa), has a right to get himself or herself to be recognized as the opposite gender as per their choice more so, when such a person after having undergone operational procedure, changes his/her sex as well 31

32. Issues Whether transgender, who are neither male nor females, have a right to be identified and categorized as a “third gender”? 32

33. LEGAL DECISION “third gender” apart from binary gender Laws made by the Parliament and the State Legislature Proper measures by Centre and State Governments 33

34. Cultural And Educational Rights Article 29 Deals with the protection of language, script, and culture of minorities Article 30 Deals with the right of minorities to establish and administer educational institutions 34

35. SINDHI EDUCATION SOCIETY Facts Minority institution for preservation of Sindhi language Rule 64 of the DSE Rules Reservation in the appointment of teachers Against Article 30(1) 35

36. Issues Whether Rule 64(1)(b) of the Delhi School Education Rules 1973 and the orders/instructions issued thereunder would, if made applicable to an aided minority educational institution, violate the fundamental right guaranteed under Article 30(1) ? 36

37. Legal Decision Rule 64(1)(b) and the circular of September, 1989, are not enforceable against the linguistic minority school in the NCT of Delhi 37

38. Heba Iqbal Reg no # 577 38

39. WHAT IS EXPLOITATION? The act by an attacker to perform activities on victims system on his own wish after getting full or partial control INDIA accounts for the second highest number where child labor exists in the world According to certain experts approximately 10 million bonded children laborers are working as domestic servants in India It is estimated that around 70% of child workers are not paid at all for the work they do because they may work for their families at home or in small business 39

40. REASONS OF CHILD LABOR Child labor is rooted in poverty and the lack of economic opportunities Children with unemployed parents or whose do not have social security must work to help in their family survival 40

41. CASE STUDY LEGAL ISSUE: CHILD LABOR FACT: Due to continuous decline in productivity, a child losses 10 times FILLED BY: Shri Mahant tiwari , President of Rachnatmak Sambhav Sackshik Anusandhan Sanstha (RDDAS) Case Name: The “ Ayodhya ” Case: Hindu Majoritarianism and the Right to Religious Liberty 41

42. RIGHT TO FREEDON OF RELIGION 42 Article 25, 26, 27 and 28 gave the right to practice reliogion of choise Objective of this right is to sustain the principle of secularism in India No person shall be compelled to pay taxes for the promotion of a particular religion

43. CASE STUDY LEGAL ISSUE: Descrimination on the basis of religion FACT: Announcement of battle FILLED BY: Ratna Kapoor Case name: Decision of Honorable Special Full Bench Hearing Ayodhya Matters 43

44. Hadiqa Aimen Reg no # 597 44

45. Right to Freedom (Articles 19-22) These include the Freedom of speech and expression Freedom of assembly without arms Freedom of association Freedom of movement throughout the territory of our country Freedom to reside and settle in any part of the country of India and the freedom to practice any profession 45

46. Case study (Freedom of expression and religion) Bijoe Emmanuel & Ors vs State of Kerala & Ors on 11 August, 1986 46

47. Facts T hree children were expelled from their school after they refused to sing the national anthem of India “Jana Gana Mana .” Upon expulsion, their father filed a writ petition The court dismissed the case. F ather later filed a special leave petition in the Supreme Court of India 47

48. Issue 48

49. Decision This decision confirms to the global standards of freedom of expression that “No individual can be compelled to affirm a belief and attitude of mind to which he does not subscribe to.” 49

50. Right to Constitutional Remedies (Article 32) The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek E nforcement Protection against infringement of their Fundamental Rights 50

51. Cont …. The Supreme Court has been empowered to issue writs, namely Habeas corpus Mandamus Prohibition Certiorari Quo warranto for the enforcement of the Fundamental Rights 51

52. Right to Privacy ( Article 21) The right to privacy is protected as an intrinsic part of the right to life and personal liberty “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 52

53. Case study Govind vs State Of Madhya Pradesh & Anr on 18 March, 1975 53

54. Facts Govind contests the validity of the MP Police Regulations 855 and 856, which relate to surveillance, including through domiciliary visits . It’s interesting to note that the popular Roe v Wade case that dealt with a woman’s right to abortion (as included in her right to privacy) was used as a reference case. 54

55. Issue Whether putting surveillance and domiciliary visits are necessary and legal? 55

56. Decision The Supreme Court went through the entire jurisprudence of right to privacy, its evolution and scope. The Court held that the ‘Right to Privacy’ is implicit in the ‘Right to Life’ and liberty guaranteed by Article 21 56

57. Tayyaba Fatima Reg no # 589 57

58. Disclosure of Identity The identity of rape victims is protected under  Statutory law  Case law  Tort law relating to privacy  58

59. Cont.... Section 228A of the Indian Penal Code,  which was first introduced in 1983 and subsequent amended in 2013. Section 23 of the Protection of Children from Sexual Offences Act, 2012 Juvenile Justice (Care and Protection of Children) Act, 2000 59

60. Virtual Complaint Right Delhi Police issued guidelines that any woman can lodge a complaint via mail or registered post.  A rape victim can lodge a complaint, and no police station and cop can deny registering her FIR. 60

61. Indecent Representation of Women’s Act 1986 This act was enacted on 23 December 1986 by 37th year of republic of India by Parliament. It was enacted to prohibit any representation of women indecently via advertisements or in any other manner Under Section 3 of the Act any advertisement wherein any indecent representation of women in any form is punishable Exceptions are allowed for sculptures, engraved, paintings under Ancient Monument and Archaeological Sites and Remains Act 1958 61

62. Inheritance of Family Property The Hindu Succession Act, 1956 Hindu Succession (Amendment)Act, 2005  came into being on September 9, 2005 Rights of daughter Rights of wife Rights of mother 62

63. Nayab Kanwal Reg no # 604 63

64. Maternity leave The maternity benefit act 2016 leave Income Free medical care 64

65. Law to prevent child marriages in India Child marriage restraint Act of 1929 Ages of an adult male and female Punishment Amended in 1940 1978 amendment (legal ages) 65

66. Laws against dowry Dowry prohibition Act 1961 Anti-dowry law (section 498A & 198A) Penalty in section 3 Maintenance of list of presents to the bride and the bridegroom rules, 1985 66

67. Case study FACTS JUDGEMENT: Section 304-B Section 498-A Imprisonment for 10 years 67

68. Special marriage Act 1954 Act III of 1872 Replacement of 1872 by Act 1954 Special marriage Act 1954 Objectives conditions 68

69. Mariam Hanif Reg no # 583 69

70. 1. Equal Remuneration The preamble of the Indian Constitution sets out the main objectives, intend to achieve,by following these : Article 15(3) Article 16, Article 16(1) article 16 (2) The Equal Remuneration Act, 1976 Court Laws : In Federation of A. I. Custom and Central Excise Stenographers ( Recog .) vs. Union of India, the Supreme Court Art. 38, Constitution of India,Article 39 emphasized their Rights. "what is mean by equal protection of laws". 70

71. 2. Termination of Pregnancy In Indian Constitution,under  Article 21: Protection of Life and Personal Liberty  INDIAN PENAL CODE 1860 : Section 312 to 316 Court Laws : Under the Medical Termination of Pregnancy Act (MTP) IPC and MTP ACT guaranted rights When pregnancy can be terminated??? The legal regulations 71

72. 3. Protection from interrogated at police station Under Section 160 of the Criminal Procedure Code. The Code of Criminal Procedure, 1973. Chapter V (Five) procedure establish by law for example Article 21 and Article 22 of the Indian Constitution. Laws by Supreme Court : Sec 194 highlights the punishment Under Indian Penal Code, 1860 and Prevention of Corruption Act, 1988.Section 171E 72

73. 4. Transgender International Human Rights Laws-gender law Constitution of India article 21, Article 15 and article16 (2),Article 14 Court declared Laws Legal Measures The Immoral Trafficking Prevention Act, 1956 Police Reforms Direction to the Central and State government RIGHT OF TRANSGENDER PERSONS BILL, 2014 ELECTION 73

74. Case Transgenders Facts Case story Court Laws Court Decisions . 74

75. Shehzadi Erum Fatima Reg no # 593 75 Comparison PAKISTAN VS INDIA

76. Overview BRITISH SYSTEM OF GOVERNANCE INDIAN ACT 1935 INDIAN CONSTITUTION PAKISTAN CONSTITUTION FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES 76

77. CENTER-PROVINCE/STATE RELATION INDIA Federal system(centralized power) 3 functional areas Bicameral legislature Senate (population based representation) 77

78. Cont … Pakistan Federal system 2 lists of subject Bicameral legislature Senate (equality of representation) 78

79. Financial Relations Under both constitutions , centre is more powerful. Provinces are dependent on centre for their development plans. Centre conncets all the important taxes 79

80. President Postion acc. To 1973 constitution was very weak. Was considered as ceremonial head of state. He could appoint COAS in his discretion. India Government decisions were accepted at all levels 80 Ram Nath Kovind

81. Supremacy of the parliament President has limited power to veto. Legislative initiative belongs to cabinet. Indian Parliament: Ordinance making poewer of president determines the supremacy of indian parliament. Expires after 6 weeks 81

82. Civil Military relations Ideologically different states but shraed same military heritage Largely accepted the principle of supremacy of civilian govt. 82

83. Areej Sohail Khan Reg no # 584 83

84. The largest democracy in the world? Russia, China, and America? 84

85. Russia ranks lowly in the democracy index rankings. Why Not China? The United States has 325m population. It’s the 3rd or 4th largest nation in the world by size. 85

86. India Is The Largest Democracy Population is a meaningful size metric for democracy 86

87. Interesting Facts Did you know? 87

88. The Indian Constitution came into force on January 26, 1950. It took nearly 3 years to draft the Indian Constitution. The Indian Constitution is the longest in the world. It took around 2 years, 11 months and 17 days for the assembly to finish writing the entire constitution.  The Constitution of India was handwritten and calligraphed both in English and Hindi. 88

89. The Indian Constitution is called the bag of borrowings. It was a raining cats and dogs outside the parliament, the day constitution was signed, and this was considered to be a good omen by the assembly members. The original hand-written copies of the Constitution are kept in helium-filled cases. 89

90. A critical look! FLAWS? 90

91. The Constitution is comprehensive and in fact too comprehensive. There is a  strong bias towards centre  in the federal structure. Privileges of the Parliament and State Legislatures  are left upon then to decide which has not been codified till date. The Constitution is  too bulky  and  too complex  for a layman to understand. 91

92. There is a  high degree of protection to civil servants  accorded under Art 311. This provision is more misused and abused than being used. Schedule IX (read with Art 31B) which accords protection to a law vis -a- vis Fundamental Rights needs to be revisited. There is no provision to maintain efficiency of Legislature like minimum number of working hours, minimum number of hours to be spent on legislation, budget discussion, etc. The Speaker is a very powerful authority and there may be a case to revisit his/her powers. Anti-Detection Law is also not a very good idea. 92

93. Conclusion! 93