INDIAN CONSTITUTION

INTRODUCTION
India is a union of 29 states and 9 union territories administered directly by the central
government of India. The Indian Constitution is the basic law of the land adopted in 1949 .The
constitution namely securing the freedom, equity and justice to the people. Constitution was drafted by
a committee under the chairmanship of Dr. B.R Ambedkar and came into force on 26th Jan 1950.

SOURCES OF INDIAN CONSTITUTION

 Government of Indian act 1935
 British Constitution
 United states constitution
 Irish constitution
 Australian constitution
 French constitution
 Canadian constitution

PREAMBLE

We, the people of India have solemnly resolved to constitute India into a Sovereign socialist
secular Democratic Republic and to secure to all its citizens.
Justice; social, political and economic
Liberty of thought, expression, belief, faith and worship.
Equity of states and the opportunity and to promote among them all.
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.
In our constituent Assembly this twenty sixth day of November, 1949 do here by adopt, enact and give
to ourselves this constitution.

THE NATURE OF THE INDIAN CONSTITUTION

o Constitution are either Unitary or Federal.

o Unitary constitution-powers of the Government are centralized in one government.
o The states are subordinates to the central government.
o Federal constitution-there is division of powers between the federal and state governments and
both are independent in their own spheres.
o The view of framers of the constitution is that the Indian constitution is a federal constitution

ESSENTIAL CHARACTERISTICS OF A FEDERAL CONSTITUTION

 Distribution of powers
 Supremacy of constitution
 A written constitution
 Rigidity
 Authority of courts
SALIENT FEATURES OF THE INDIAN CONSTITUTION

The lengthiest constitution in the world.

Parliamentary form of government.
Unique blend of rigidity and flexibility.
Fundamental rights.
Directive principles of state policy
A federation with strong centralizing tendency.
Adult suffrage.
A secular state.
Single citizenship.
Fundamental duties

THE INDIAN CONSTITUTION

 The Indian constitution has a preamble and 448 articles

 Which are grouped into 25 parts.
 With 12 schedules and five appendices, it has been amended 104 times
 The latest amendment became effective on 25 January 2020

CONSTITUTIONAL AMENDMENT PROCEDURE

 Contemporary constitutions make use of a wide variety of amendment formulas that

make the process of amending the constitution
 Legislative supermajority
 Double decision rules

VALUES OF INDIAN CONSTITUTION

 Sovereignty
 Socialism
 Secularism
 Democracy
 Republic
 Justice
 Liberty
 Equity
 Dignity of the individual

ADMINISTRATIVE SYSTEM OF INDIA

 The government of India officially known as Union government /central government is

the governing authority of federal union.
 The government of India has three branches namely-The legislature, the executive and
judiciary.
 The parliament can legislate on 97 subjects of the union list,47 subjects of the
concurrent list
THE LEGISLATURE
o Indian administration is carried out by the Parliament.
o Indian parliament consists of the President and the two Houses Lok Sabha and Rajya
Sabha.
o The elected parliament came into force in April 1952

THE LOK SABHA

 The Lok Sabha is called the House of the people

 Has got 552 members, and has a term of 5 years.
 Members are elected directly by the citizens of India.
 Up to 530 members can be elected from the states, 20 members from the UT and no
more than 2 members can be nominated by the President of India.
 At present the strength of the house is 545

THE RAJYA SABHA

The Rajya Sabha is an integral part of Indian parliament.

The members are elected by the legislative assembly of states and union
territories
The minimum age for a person to become a member of rajya sabha is 30 years.
It has a total membership of 250 .the president appoints 12 members who are
experts in fields of science or arts.
the elected members of Rajya Sabha serve for 6 years

FUNCTIONS

 To pass laws
 Every bill has to be passed by both the houses and approved by the President before it
becomes the law

THE EXECUTIVE

 The President of India is the executive head

 He has all the constitutional powers but exercise them only on the advice of the real
executive –the prime minister and his council of ministers.
 The state government is headed by the Governor

THE JUDICIARY

 The third branch of the government is the judiciary.

 The judiciary consists of the Supreme Court of India.
 High courts at the state level and district and session courts at the district level
 Subordinate judges courts and Court of Session in metropolitan areas.
 Supreme court of India is the highest court of law in india.it has the final authority to
interpret the constitution

ADMINISTRATIVE STRUCTURE OF STATE GOVERNMENT

  The state have their own legislatures.
 The lower house where most of the legislature activities happen is called the Vidhan
Sabha.
 The state election held in every five years
 The head of constitution is the governor ,who is appointed by the President
 After election the president calls for the suitable candidate to form the government

DISTRICT ADMINISTRATION

 On average a district has a population of 2 million.

 There are 6 types of administrate areas at district level
 Sub divisions ,tehsils, community development blocks, municipality and corporations,
villages and panchayat

Rural: The Panchayat Raj

 It is three tier structure of rural local self-development in India
 These are panchayat at village level
 Panchayat samite at block level
 Zilla parishad at district level

At village level:
 Gram sabha
 Gram panchayat

At block level
 Consist of 1000 villages and a population of 80000 to 120000.
 The panchayati raj agency at block level is panchayat samiti
 It consist of all the sarpanches of the village in the block, MLA,MPs residing in the block
area representative of various tribes and societies

At district level
 Members includes all heads of panchayat samite in the districts MPs, MLAs of
the districts and two persons of experience in administration, public life or rural
development

LEGISLATURE IN INDIAN ADMINISTRATION

 The legislative powers of the government are exercised through the parliament.
 Bicameral in nature.
 That is divided in to two houses,
 Upper house (Rajya Sabha)
 Lower house (Lok Sabha)
 The most important function of the Indian legislature is the matter of legislation

INDIAN PARLIAMENT
 o Parliament is the supreme legislative body of a country.
o Parliament comprises of the President and the two houses ie. Lok Sabha (House of
People) and Rajya Sabha (Council of States).
o The President has the power to summon and prorogue either house of parliament.
o The first elected parliament came into being in April 1952

LOK SABHA

 The Lok Sabha is also called as “House of People” or the “Lower House”.
 The citizens of India directly chose almost all its members.
 It is more influential house between the two

COMPOSITION
 The Constitution of India has limited the composition of Lok Sabha up to a maximum of
552 members including,
 Not more than 20 members representing Union Territories
 2 members from the Anglo-Indian Community

TENURE OF LOK SABHA

o 5 years.

MEMBERSHIP OF LOK SABHA

o Citizen of India.
o Completed 25 years of age.
o Should be mentally sound.
o Should not have any criminal record in the past

RAJYA SABHA

 The Rajya Sabha is an integral part of Indian Parliament.

 It is called “Council of States” or the "Upper House”.
 Members of legislative bodies indirectly elect its members
Composition
 The maximum strength is 250.
 238 members are representatives of the states.
 12 President nominates members
 They are elected by the elected members of the Legislative Assemblies of the respective
states

FUNCTIONS OF INDIAN PARLIAMENT

 To form and end the Government.

 Representation of the electorate (people).
 To legislate.
 To hold the Government accountable for its actions.
 To monitor the expenditure of public funds.
 To be a forum for debate
  To be a forum for the expression of complaints.
 Other functions:-
 Amendment (changes) of the constitution.
 Impeachment of the President.
 Removal of supreme Court and High Court judges, Chief Election Commissioner etc

JUDICIARY IN INDIAN ADMINISTRATION

 The constitution of India has provided for an integrated and unified judiciary for the
whole country.
 In Indian Judiciary the very top is the Supreme Court in India
 In between there are a number of High Courts, District Courts, Munsiff Courts and right
at the very base are “Nyaya Panchayat
 The subject matter which the court deals with is divided into two:-
 Civil.
 Criminal.
 The main function of the judiciary is to see to the implementation of laws, punish
offences against the state and citizens

SUPREME COURT OF INDIA

 Supreme Court came into being on 28 January 1950.

COMPOSITION
 The Supreme Court of India comprises of the Chief Justice of India and not more than 25
other judges appointed by the President of India.
 Appointments are made on the basis of experience and seniority.
 Judge retires at age of 65yrs

CHIEF JUSTICE OF INDIA

o Chief Justice of India is the senior most position in the Indian Judiciary.
o He is responsible for a number of administrative functions, accompanied with advising
the Indian President on matters of concern.
o He also bears the responsibilities of presiding over the sessions of the Supreme Court of
India

HIGH COURTS IN INDIA

 High Courts of India are at the top of the hierarchy in each state.
 Courts have control over a state or Union Territory or a group of states and union
territories.
 High Courts are secondary courts such as Civil Courts, Family Courts, Criminal Courts,
and various other District Courts

STRUCTURE OF STATE ADMINISTRATION

  GOVERNOR.
 CHIEF MINISTER
 CHIEF SECRETARY
 STATE SECRETARIAT
 DIRECTORATE

GOVERNOR

Governor of a state is the head of state administration

The entire state machinery operates in his name.
Governor is a constitutional ruler, real power vests in the Chief Minister and the council
of ministers

APPOINTMENT

 President of India appoints

 Period of five years.
 Normally one Governor for one state.
 Sometime appointed for two or more states

POWERS OF GOVERNOR

 Governor acts on the advice of the council of ministers.

 Some cases the governor can act independently.
 These are called “Discretionary Powers” of the Governor

FUNCTIONS

A. Each year Governor addresses the legislature.

B. Consent given to bills passed by the legislature.
C. The appointment of the Chief Minister and council of ministers.
D. Appointment of Public Service Commission chairman
E. State Universities, play as ‘Chancellor of the University’.
F. In the state judiciary, the Governor decides matters relating to appointment, posting,
and promotion of District judges and other judicial officers.
G. President consults with governor in the appointment of High Court Judges

THE CHIEF MINISTER

1. CM is the real executive head of State Government.

2. Appointed by the Governor.
3. Chief Minister is the real ruler of the state.
4. He creates his own cabinet and the members of his team.
5. He is the chairman of the state cabinet

FUNCTIONS

1) Communicating channel Between the Governor and the council of Ministers

 2) Informed about major issues and problems relating to state administration to Governor.
3) CM is the leader of the legislature and guide in the administrative matters

CHIEF SECRETARY

I. Each state has a secretariat.

II. The secretariat as headquarters of state administration.
III. Consists of different departments each headed by a secretary.
IV. CM provides leadership on the political side
V. Chief secretary provides leadership on the administrative side

FUNCTION

a. Principal advisor to the CM.

b. Connecting to the cabinet.
c. Preparing agenda for meetings general supervision.
d. Interdepartmental coordination
e. During emergency situation the chief secretary assumes the role of chief of emergency
administration

STATE SECRETARIAT

 Secretariat is the headquarters of the government.

 This consists of complex of state departments.
 Each department is headed by a secretary.
 Some important secretariat departments are Home, Finance, Public Works, Health,
Family Welfare, Education, Agriculture, and Irrigation etc

DIRECTORATE

The secretariat is the policy making organization, whereas, the Directorate is the
executive agency.
A directorate attached to a department is headed by a Director.
The secretariat and the directorate are separate institutions, but both function in close
collaboration with each other

STRUCTURE OF DISTRICT ADMINISTRATION

 Each state is divided into a number of administrative units called Districts.

 District administration is decentralized state administration.
 The purpose of district administration is bring functions of the state, near to the people.
 So most of the State Departments such as Public Works, Irrigation, Health, Education
etc. will be having their offices in the districts also

DISTRICT COLLECTOR

 Head of the district administration is called as the District Collector.

FUNCTION.
 Primary role is supervision, integration and coordination.
 Coordination between the departments.
 Listens people’s problems and solves it.
 collector maintenance of public order
 Successful implementation of projects and policies.
 District collector gives feed back to the state headquarters regularly

SUB-DIVISIONAL OFFICER

 Districts usually divided into smaller units called “Sub-divisions”.

 The officer in charge of the sub-division is known as the Sub-Divisional Officer (SDO).
 He functions almost like the collector, as the chief coordinator of government activities
in the sub-division.
 He assists the collector

BLOCK DEVELOPMENT OFFICER (BDO)

 The ‘Block’, as a unit of government below the sub-division was created to bring
‘development’ near to the people.
 It was created in 1952.
 The Block Development Officer is the chief coordinator of development activities at the
block level.
 He is a state government employee belonging to the state civil service cadre

CONCLUSION
The framework demarcating fundamental political code, structure, procedures, powers, and
duties of government institutions and set out fundamental rights, directive principles and the duties of
citizens.