Need of Constitution:
1)To set up basic rules that allow for minimal co-ordination amongst members of a society.
2)To specify who has the power to make decisions in a society. it decides how the government will be constituted.
3)To set some limits on what government can impose on its citizens. These limits are fundamental in the sense that governmemt may never trespass them.
4)The fourth function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.
Constitution committee:
-The constitution was made by the constituent assembly which had been elected for undivided India.
-First sitting:9 Dec 1946
-Re-assembled as constituent Assembly for divided India on 14 Aug 1947.
-Its members were elected by indirect election by the members of provisional Legislative Assemblies that had been established in 1935.
-Constitutional paln was proposed by Cabinet Mission.
According to the plan:
*Each province and each princely state or group of states were alloted seats proportional to their respective population roughly in the ratio 1:10,00,000
-Province:292 elected members
-Princely states: 93 members
*The seats in each province were distributed among the three main communities
i)Muslims ii) Sikhs iii)General
in proportional to their respective population.
*Members of each community in the provisional Legislative Assembly elected their own representative by the method of proportional representation with single transferable vote.
*The method of selection in the case of representatives of princely states was to be determined by consultation.d from terrotories
Composition of Constitutional Assembly:
-As a consequences of the partition under the plan of 3 june 1947 those members who were elected from terrotories which fell under Pakistan ceased to be members of the Constitutional Assembly.
-The numbers in the Assembly were reduced to 299 of which 284 were actually present on 26 nov 1949.
-The constitution was committed to a new conception of citizenship, where not only would minorities be secure but religious identity would have no bearing on citizenship rights.
-26 members are SCs.
-82% members are representing Congress.
Objective Resolution:
The nationalist movement brought to the constituent Assembly is the Objective Resolution moved by Nehru in 1946.
Based on this resolution our constitution gave institutional expressions to these fundamental committements: Equality, Liberty, Democracy, Sovereignity and a cosmopolitan indentity.
*Main Points of Objjective Resolution:
1)India is an independent, Sovereign, Republic.
2)India shall be a Union of erstwhile British Indian territories. Indian states and other parts outside British India and Indian States as are wiling to be a part of the Union.
3)Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration except those assigned to a vested in the Union..
4)All powers and authority of Sovereign and Independent India and its constitution shall be flow from people.
5)All people of India shall be guaranteed and secured social, economic and political justice, equality of status and opportunities and equality before law; and fundamental freedom.
6)The minorities, backward and tribal areas ; depressed and other backwaard classes shall be provided adequate safeguards.
7)The territorial integrity of the republic and its sovereign rights on land , sea and air shall be maintained according to justice and law of civilized nation.
8)The land would make full and willing constribution to the promotion of world peace and welfare of mankind.
PROVISIONS BORROWED FROM OTHER COUNTRIES:
I)British Constitution:
1.First past the post
2.Parliamentary form of Government
3.The idea of the rule of law.
4.Institutions of the speaker and his role.
5.Lawmaking procedure.
II)United States Constitution:
1.Charter of Fundamental Rights
2.Power of Judicial Review.
3.Independence of Judiciary.
III)Irish Constitution:
Directive Principles Of State Policy
IV)French Constitution:
Principles of Liberty, Equaliity and Fraternity.
V)Canadian Constitution:
1.A quansi-federal form of government(a federal system with a strong central government).
2.The idea of residual powers.
Fundamental Rights Vs Ordinary Rights:
1) Ordinary rights are protected and enforced by ordinary law.
Fundamental Rights are protected and guarded by the Constittion of te country.
2)Ordinary rights may be changed by the legislature by ordinary process of law making. but the fundamental rights may only be changed by amending the constitution itself.
No Organ of the government can act in a manner that violates them.
{Judiciary: Protector of Fundamental Rights}
* Executive as well as legislative actions can be declared illegal by the judiciary if these violates the fundamental rights or restrict them.
* Fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.
RIGHT TO EQUALITY:
1.Equality before law.
2.Equal protection of laws.
3.Prohibition on discrimination on ground of religion.
4.Equal access to shops, bathing, ghats, hotels etc.
5. Equality of opportunity in employment.
6.Abolition of titles.
7.Abolition of untouchability.
RIGHT TO LIBERTY AND PERSONAL FREEDOMS:1.Speech and Expression.
2.Assemble peacefully..
3.Form Association.
4.Move freely throughout the territory of India.
5.Reside and settle in any part of India.
6.Practice any profession or to carry on any occupation, trade or business.
7.Right to life and liberty..
8. Rights of the accused and convicts.
RIGHT TO FREEDOM OF RELIGION:1.Freedom of conscience and Profession
2.Freedom to manage religious affairs; freedom to give religious instructions in certain institutions.
RIGHT AGAINST EXPLOITATION:1.Prohibition of forced laboour.
2.Prohibition of employment of children in hazardous jobs.
CULTURAL AND EDUCATIONAL RIGHTS OF MINORITIES:1.Protection of language, culture of minorities.
2.Right of minorities to establish educational institutions.
" Article 16(4): Nothing in this article shall prevent the state from making any prohision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the state is not adequately represented in the services under the state."
"Article 21: Protection of life and personal liberty-No person shall be deprived of his life or personal liberty liberty except according to procedure established by law."
RIGHT TO LIFE AND PERSONAL LIBERTY:
- The foremost right among rights to freedom is the right to life and personal liberty.
-Various judgement includes live with human dignity free from exploitation..
**Preventive Detention:-A person can be arrested simply out of an apprehension that he or she is likely to engage in unlawful activity and imprisoned for someone.
-If government feels that a person can be a threat to law and order or to the peace and security of the nation.
-This preventive detention can be extended only for three months.
-After three months such case is brought before an advisory board for review.
RIGHT OF ACCUSED:-No one is guilty unless the court has found that person guilty of an offence.
-It is also necessary that a person accused of any crime should get adequate opportunity to defend herself or himself.
1.No person would be punished for the same offence more than once.
2.No law shall declare any action as illegal from backdate..
3.No person shall be asked to give evidence against himself or herself
Two Types of Minorities:1.Linguistic
2.Cultural
Writs:
1.Habeas Corpus
2.Mandamus
3.Prohibition
4.Quo Warranto
5.Certiorary.
Directive Principles:
*Goals:
1.Welfare of the people
2.Social, Economical and Political Justice
3.Raising the standard of living
4.Equitable distribution of resources.
5.Promotion of International Peace.
The Supreme Court Performs three important Functions:
1.It is protector and guaranter of Fundamental rights.
2.It has to act as a check on executive authorities and enforce the rule of law.
3.It maintains federal equilibrium.
Nature of the Rights:
1.These rights are negative in form in as much as they restrict authorities from violating these rights.
2.While most of the rights are granted to the individuals, some are granted to groups.
1)To set up basic rules that allow for minimal co-ordination amongst members of a society.
2)To specify who has the power to make decisions in a society. it decides how the government will be constituted.
3)To set some limits on what government can impose on its citizens. These limits are fundamental in the sense that governmemt may never trespass them.
4)The fourth function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.
Constitution committee:
-The constitution was made by the constituent assembly which had been elected for undivided India.
-First sitting:9 Dec 1946
-Re-assembled as constituent Assembly for divided India on 14 Aug 1947.
-Its members were elected by indirect election by the members of provisional Legislative Assemblies that had been established in 1935.
-Constitutional paln was proposed by Cabinet Mission.
According to the plan:
*Each province and each princely state or group of states were alloted seats proportional to their respective population roughly in the ratio 1:10,00,000
-Province:292 elected members
-Princely states: 93 members
*The seats in each province were distributed among the three main communities
i)Muslims ii) Sikhs iii)General
in proportional to their respective population.
*Members of each community in the provisional Legislative Assembly elected their own representative by the method of proportional representation with single transferable vote.
*The method of selection in the case of representatives of princely states was to be determined by consultation.d from terrotories
Composition of Constitutional Assembly:
-As a consequences of the partition under the plan of 3 june 1947 those members who were elected from terrotories which fell under Pakistan ceased to be members of the Constitutional Assembly.
-The numbers in the Assembly were reduced to 299 of which 284 were actually present on 26 nov 1949.
-The constitution was committed to a new conception of citizenship, where not only would minorities be secure but religious identity would have no bearing on citizenship rights.
-26 members are SCs.
-82% members are representing Congress.
Objective Resolution:
The nationalist movement brought to the constituent Assembly is the Objective Resolution moved by Nehru in 1946.
Based on this resolution our constitution gave institutional expressions to these fundamental committements: Equality, Liberty, Democracy, Sovereignity and a cosmopolitan indentity.
*Main Points of Objjective Resolution:
1)India is an independent, Sovereign, Republic.
2)India shall be a Union of erstwhile British Indian territories. Indian states and other parts outside British India and Indian States as are wiling to be a part of the Union.
3)Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration except those assigned to a vested in the Union..
4)All powers and authority of Sovereign and Independent India and its constitution shall be flow from people.
5)All people of India shall be guaranteed and secured social, economic and political justice, equality of status and opportunities and equality before law; and fundamental freedom.
6)The minorities, backward and tribal areas ; depressed and other backwaard classes shall be provided adequate safeguards.
7)The territorial integrity of the republic and its sovereign rights on land , sea and air shall be maintained according to justice and law of civilized nation.
8)The land would make full and willing constribution to the promotion of world peace and welfare of mankind.
PROVISIONS BORROWED FROM OTHER COUNTRIES:
I)British Constitution:
1.First past the post
2.Parliamentary form of Government
3.The idea of the rule of law.
4.Institutions of the speaker and his role.
5.Lawmaking procedure.
II)United States Constitution:
1.Charter of Fundamental Rights
2.Power of Judicial Review.
3.Independence of Judiciary.
III)Irish Constitution:
Directive Principles Of State Policy
IV)French Constitution:
Principles of Liberty, Equaliity and Fraternity.
V)Canadian Constitution:
1.A quansi-federal form of government(a federal system with a strong central government).
2.The idea of residual powers.
Fundamental Rights Vs Ordinary Rights:
1) Ordinary rights are protected and enforced by ordinary law.
Fundamental Rights are protected and guarded by the Constittion of te country.
2)Ordinary rights may be changed by the legislature by ordinary process of law making. but the fundamental rights may only be changed by amending the constitution itself.
No Organ of the government can act in a manner that violates them.
{Judiciary: Protector of Fundamental Rights}
* Executive as well as legislative actions can be declared illegal by the judiciary if these violates the fundamental rights or restrict them.
* Fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.
RIGHT TO EQUALITY:
1.Equality before law.
2.Equal protection of laws.
3.Prohibition on discrimination on ground of religion.
4.Equal access to shops, bathing, ghats, hotels etc.
5. Equality of opportunity in employment.
6.Abolition of titles.
7.Abolition of untouchability.
RIGHT TO LIBERTY AND PERSONAL FREEDOMS:1.Speech and Expression.
2.Assemble peacefully..
3.Form Association.
4.Move freely throughout the territory of India.
5.Reside and settle in any part of India.
6.Practice any profession or to carry on any occupation, trade or business.
7.Right to life and liberty..
8. Rights of the accused and convicts.
RIGHT TO FREEDOM OF RELIGION:1.Freedom of conscience and Profession
2.Freedom to manage religious affairs; freedom to give religious instructions in certain institutions.
RIGHT AGAINST EXPLOITATION:1.Prohibition of forced laboour.
2.Prohibition of employment of children in hazardous jobs.
CULTURAL AND EDUCATIONAL RIGHTS OF MINORITIES:1.Protection of language, culture of minorities.
2.Right of minorities to establish educational institutions.
" Article 16(4): Nothing in this article shall prevent the state from making any prohision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the state is not adequately represented in the services under the state."
"Article 21: Protection of life and personal liberty-No person shall be deprived of his life or personal liberty liberty except according to procedure established by law."
RIGHT TO LIFE AND PERSONAL LIBERTY:
- The foremost right among rights to freedom is the right to life and personal liberty.
-Various judgement includes live with human dignity free from exploitation..
**Preventive Detention:-A person can be arrested simply out of an apprehension that he or she is likely to engage in unlawful activity and imprisoned for someone.
-If government feels that a person can be a threat to law and order or to the peace and security of the nation.
-This preventive detention can be extended only for three months.
-After three months such case is brought before an advisory board for review.
RIGHT OF ACCUSED:-No one is guilty unless the court has found that person guilty of an offence.
-It is also necessary that a person accused of any crime should get adequate opportunity to defend herself or himself.
1.No person would be punished for the same offence more than once.
2.No law shall declare any action as illegal from backdate..
3.No person shall be asked to give evidence against himself or herself
Two Types of Minorities:1.Linguistic
2.Cultural
Writs:
1.Habeas Corpus
2.Mandamus
3.Prohibition
4.Quo Warranto
5.Certiorary.
Directive Principles:
*Goals:
1.Welfare of the people
2.Social, Economical and Political Justice
3.Raising the standard of living
4.Equitable distribution of resources.
5.Promotion of International Peace.
The Supreme Court Performs three important Functions:
1.It is protector and guaranter of Fundamental rights.
2.It has to act as a check on executive authorities and enforce the rule of law.
3.It maintains federal equilibrium.
Nature of the Rights:
1.These rights are negative in form in as much as they restrict authorities from violating these rights.
2.While most of the rights are granted to the individuals, some are granted to groups.
Nice information on Indian constitution from NCERT. Thank you for posting.
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