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Aditya Kumar Goswami - Constitution of India

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CONSTITUTION OF INDIA-

STRUCTURE AND FEATURES


PRESENTED BY:
ADITYA KUMAR GOSWAMI
B.Tech, MECHANICAL ENGINEERING
3rd Year
35500720006
BACKGROUND
⚫ The Constitution of India was adopted on 26 November 1949
and came into effect on 26 January 1950, proclaiming India to
be a sovereign, democratic republic

⚫ The federal structure of government, provincial autonomy, a


bicameral central legislature consisting of a federal assembly
and a Council of States and the separation of legislative powers
between the centre and states are some of the provisions of the
Act which are present in the Constitution of India.
DRAFTING
⚫ The Constitution was drafted by the Constituent Assembly, which was elected
by the elected members of the provincial assemblies.

⚫ Dr B.R. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C.


Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul
Kalam Azad were some important figures in the Assembly.

⚫ The members of the Constituent Assembly met for the first time on 9
December 1946

⚫ On 29 August 1947, the Drafting Committee was appointed, with Dr B. R.


Ambedkar as the Chairman along with six other members assisted by a
constitutional advisor.
⚫ System of government:

⚫ The basic form of the Union Government envisaged in


the Constitution
 Federal Structure

⚫ Three subject lists, the Union list, the State list, and the
Concurrent list, define the legislative powers of each level
of government.
⚫ The Union government reserves the right to make laws in
areas specified on the Union list, the state governments
allowed to make laws in areas specified on the State list.
⚫ Parliamentary Democracy

⚫ The President of India is elected by the Parliament and State


Legislative Assemblies, and not directly by the people. The
President is the head of state, and all the business of the
Executive and Laws of the Parliament are in his/her name

⚫ The Prime Minister and the Council of Ministers exercise their


offices only as long as they enjoy a majority support in the Lok
Sabha, the lower house of the Parliament, which consists of
members directly elected by the people

⚫ A similar structure is present in States, where the directly


elected Legislative Assembly enjoys control over the Chief
Minister and the State Council of Ministers
⚫ Independent Judiciary

⚫ The Judiciary of India is free of control from either the executive


or the Parliament.

⚫ The judiciary acts as an interpreter of the constitution, and as an


intermediary in case of disputes between two States, or between
a State and the Union.

⚫ An act passed by the Parliament or a Legislative Assembly is


subject to judicial review, and can be declared unconstitutional
by the judiciary if it feels that the act violates the provisions of
the Constitution.
Salient Features of the constitution of India

1. Longest Written Constitution

2. Best Constitution

3. A Written and Rigid Constitution

4. Based on Adult Suffrage

5. It makes India a Sovereign Democratic Republic

6. It gives India a Federal Policy

7. It establishes Parliamentary form of Govt. in India


8. Fundamental Rights
9. Fundamental Duties
10. Directive principles of State Policy
11. Secular Democracy
Changing the Constitution
⚫ Amendments to the Constitution are made by the Parliament,
the procedure for which is laid out in Article 368.

⚫ An amendment bill must be passed by both the Houses of the


Parliament by a two-thirds majority and voting.

⚫ In addition to this, certain amendments which pertain to the


federal nature of the Constitution must be ratified by a
majority of state legislatures.

⚫ As of January 2012 there have been 115 amendment bills


presented in the Parliament, out of which 97 have been passed
to become Amendment Acts.
⚫ Most of these amendments address issues dealt with by statute
in other democracies.

⚫ The Supreme Court has ruled in Kesavananda Bharati v. State of


Kerala case that not every constitutional amendment is
permissible, the amendment must respect the "basic structure" of
the constitution, which is immutable.

⚫ In 2000 the National Commission to Review the Working of the


Constitution (NCRWC) was set up to look into updating the
constitution
Thank You

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