Indian Constitution

INDIAN
CONSTITUTIO
N
AND
PARLIAMENT
CONTENT


THE CONSTITUTION
OF INDIA
The Constitution of India is the supreme law of India. It
lays down the framework defining fundamental political
principles, establishes the structure, procedures, powers
and duties of government institutions and sets out
fundamental rights, directive principles and the duties of
citizens. It is the longest written constitution of any
sovereign country in the world. The nation is governed by
it. B. R. Ambedkar is regarded as its chief architect.
It imparts constitutional supremacy and not parliamentary
supremacy, as it is not created by the Parliament but, by a
constituent assembly, and adopted by its people, with a
declaration in its preamble. Parliament cannot override the
constitution.
It was adopted by the Constituent Assembly on 26
November 1949, and came into effect on 26 January
1950. With its adoption, the Union of India became the
modern and contemporary Republic of India replacing
the Government of India Act, 1935 as the country's
fundamental governing document. To
ensure constitutional autochthony, the framers of the
constitution repealed the prior Acts of the British
Parliament via Article 395 of the constitution. India
celebrates its coming into force on 26 January each
year, as Republic Day.
It declares India
a sovereign, socialist, secular, democratic republic,
assuring its citizens of justice, equality, and liberty, and
endeavours to promote fraternity among them
WHY DOES A
COUNTRY NEEDS A
CONSTITUTION
A Constitution helps serve as a set of rules & the principles
that all persons in a country can agree upon as the basis of the
way in which they want the country to be governed.
A Constitution defines the nature of a country’s political
system.
The Constitution plays a crucial role in laying out certain
important guidelines that govern decision making within these
societies.
Another important function that a Constitution plays in a
democracy is to ensure that a dominant group does not use its
power against other, less powerful people or groups.
Constitution is to save us from ourselves. This means that we
might at times, feel strongly about an issue that might go
KEY FEATURES OF
THE INDIAN
CONSTITUTION
Federalism is the mixed or compound mode of government, combining a general
government (the central or 'federal' government) with regional governments
(provincial, state, cantonal, territorial or other sub-unit governments) in a single
political system. Its distinctive feature, exemplified in the founding example of
modern federalism of the United States of America under the Constitution of 1787,
is a relationship of parity between the two levels of government established. It can
thus be defined as a form of government in which there is a division of powers
between two levels of government of equal status.
A parliamentary system is a system of democratic governance of a state where

the executive branch derives its democratic legitimacy from its ability to command
the confidence of the legislative branch, typically a parliament, and is also held
accountable to that parliament. In a parliamentary system, the head of state is
usually a different person from the head of government. This is in contrast to
a presidential system, where the head of state often is also the head of government,
and most importantly, the executive branch does not derive its democratic
legitimacy from the legislature.
The separation of powers, often imprecisely and metonymically used
interchangeably with the trias politick principle, is a model for the governance of a
state (or who controls the state). Under this model, the state is divided into
branches, each with separate and independent powers and areas of responsibility so
that the powers of one branch are not in conflict with the powers associated with the
other branches. The typical division is into three branches: a legislature,
an executive, and a judiciary, which is the trias politica model. It can be contrasted
with the fusion of powers in some parliamentary systems where the executive and
legislature (and sometimes parts of the judiciary) are unified.
The Fundamental Rights, Directive Principles of State

Policy and Fundamental Duties are sections of the Constitution of India that
prescribe the fundamental obligations of the State to its citizens and the duties of
the citizens to the State.[note 1]These sections comprise a constitutional bill of
rights for government policy-making and the behaviour and conduct of citizens.
These sections are considered vital elements of the constitution, which was
developed between 1947 and 1949 by the Constituent Assembly of India.
Right to equality
Right to freedom
 Right against exploitation
Right to constitutional remedies
Cultural and educational rights
Secularism in India means equal treatment of all religions by the state.
With the 42nd Amendment of the Constitution of India enacted in 1976, the
Preamble to the Constitution asserted that India is a secular nation. However,
neither India's constitution nor its laws define the relationship between religion and
state. The laws implicitly require the state and its institutions to recognize and
accept all religions, enforce parliamentary laws instead of religious laws, and
respect pluralism. India does not have an official state religion. In matters of law in
modern India, however, the applicable code of law is unequal, and India's personal
laws - on matters such as marriage, divorce, inheritance, alimony - varies with an
individual's religion. Muslim Indians have Sharia-based Muslim Personal Law,
while Hindus, Christians, Sikhs Muslim Indians live under common law. The
attempt to respect unequal, religious law has created a number of issues in India
such as acceptability of child marriage, polygamy, unequal inheritance rights,
extrajudicial unilateral divorce rights favorable to some males, and conflicting
interpretations of religious books.
THE INDIAN
PARLIAMENT
THE ROLE OF THE
PARLIAMENT
1. Legislative Functions:
The Parliament makes laws on all subjects listed in the Union List. It can also
make laws on subjects listed under the Concurrent List. In case there is any
conflict or overlapping in the provisions existing in the Union and State
enactment, the Union law prevails. In cases when an emergency has been
declared, the Union Parliament can also make laws on subjects that fall within
the State List.
2. Financial Control:
Union Parliament has exclusive powers to provide ways and means through which
revenue has to be raised for public services. To that end it imposes taxes and also
ensures that the money sanctioned for expenditure to various departments of the
government has been spent for the authorized purposes.
3. Providing and exercising control over Cabinet:

Our Parliamentary system blends the legislative and the executive organs of the
State in as much as the executive power is wielded by a group of Members of the
Legislature who command majority in the Lok Sabha.
4. Critical Assessment of the Work of the Cabinet:
The Parliament provides the forum through which is ensured that the Cabinet
remains in power only as long as it commands majority support in the Lok Sabha
which comprises elected representatives of the people. It is one of the most important
functions of the Parliament to bring about discussions and critical assessments of the
performance of the government departments.
The debates ensure that the weaknesses in terms of performance are brought to light
and the Ministers and through them the entire executive machinery is kept on toes.
5. Role of opposition:
The existence of opposition also ensures that the nation gets to know about the
alternative points of view.
6. An organ of information:
Parliament is the most powerful organ so far information about the functioning of
the government is concerned. The information provided in the Houses is
authoritative and Ministers are bound to provide information on matters of
government when so desired by the members.
7. Constitutional Functions:
The power to amend the Constitution vests with the Parliament. Constitutional
amendments have to be passed by each house by a majority of total membership as
well as by two-third majority of members present in voting. In some cases
amendments need ratification from half of the Legislative assemblies of the States.
8. Judicial Functions:
Parliament has the exclusive powers to impeach the President and remove judges of
the Supreme Court and the High Court’s through a prescribed procedure.
Parliament can also punish a person for contempt or defamation of the House.
9. Elective functions:
Elected members of the Rajya Sabha and the Lok Sabha Constitute the Electoral
College for the election of the Vice-President. Along with elected members of the
State Legislatures they form the Electoral College for election to the office of the
President. The Parliament can also by legislation create new States or make
changes in the existing boundaries of the States.
MADE BY – JAYA
SHARMA
CLASS – 8TH
SUBMITTED TO – ABHA
MAM

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INDIAN

A parliamentary system is a system of democratic governance of a state where

The Fundamental Rights, Directive Principles of State

3. Providing and exercising control over Cabinet:

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