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THE CONSTITUTION OF
INDIA
Constitution of India
भारतीय संविधान
• The Supreme law of India.
• A living document, an instrument which makes
the government system work.
• Passed by the Constituent Assembly on 26
November 1949, it came into effect on 26
January 1950.
• Contain 395 articles in 22 parts, 12 schedules
and 94 amendments, for a total of 117,369
words.
Principles
of Our Constitution
The Preamble has clearly states that our country is
now Sovereign in all matters. The ultimate source of
all power is ‘ THE PEOPLE ’
I. Sovereignty
ii. Democracy
iii. Secularism and
iv. Socialism are basic principles of our constitution.
Cont..
1) Sovereignty: This is the main feature of the
Indian constitution. India is completely an
independent country now. We are not subordinate
or slave to any country in external or internal
matters.
2) Democracy: Democracy means a government
which is run by representatives who are elected on
the basis of adult franchise.
Cont…
3) Secularism: The state gives equal treatment to all
religions. It does not favor any particular religion.
The constitution gives complete freedom to its
citizens to practice and preach their own religion.
4) Socialism: the achievement of socialism, based on
economic and social equity, is the chief goal of our
constitution. It provides equal opportunities in
education, employment, justice to all.
THE STATE
Definition
• The Government and Parliament of India and
• The Government and the Legislature of each of
the states and
• All local or other authorities within the territory of
India or under the control of the Government of
India.
FUNDAMENTAL RIGHTS
Right to Equality
(Article 14-18)
• Equality before law (Article 14).
• Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth (Article 15).
• Equality of opportunity in matters of public
employment (Article 16).
• Abolition of Untouchability (Article 17).
• Abolition of titles (Article 18).
Right to Freedom
• Protection of certain rights regarding freedom of
speech, etc. (Article 19).
• Protection in respect of conviction for offences
(Article 20).
• Protection of life and personal liberty (Article 21).
• Right to education (Article 21A).
• Protection against arrest and detention in certain
cases (Article 22).
Right against Exploitation
• Prohibition of traffic in human beings and forced
labour (Article 23).
• Prohibition of employment of children in
factories, etc. (Article 24).
Right to Freedom of Religion
• Freedom of conscience and free profession, practice
and propagation of religion (Article 25).
• Freedom to manage religious affairs (Article 26).
• Freedom as to payment of taxes for promotion of any
particular religion (Article 27).
• Freedom as to attendance at religious instruction or
religious worship in certain educational institutions
(Article 28).
Cultural and Educational
Rights
• Protection of interests of minorities (Article 29).
• Right of minorities to establish and administer
educational institutions (Article 30).
Right to Constitutional Remedies
• Remedies for enforcement of rights conferred (Article
32)
Fundamental Duties
(Article 51A)
• To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
• To cherish and follow the noble ideals which inspired our
national struggle for freedom;
• To uphold and protect the sovereignty, unity and integrity
of India;
• To defend the country and render national service when
called upon to do so.
Cont…
• To promote harmony and the spirit of common
brotherhood amongst all the people of India;
• to value and preserve the rich heritage of our composite
culture;
• To protect and improve the natural environment;
• To develop the scientific temper, humanism and the
spirit of inquiry and reform;
• To safeguard public property and to abjure violence.
DIRECTIVE PRINCIPLES
OF STATE POLICY
1. State to secure a social order based on justice
(art.38):-
• Promote the welfare of the people;
• Minimize the inequalities in income, status,
facilities & opportunities.
2. Principles of policy to be followed by the state
for securing economic justice (art. 39):-
• Equal right of men & women;
Cont…
• Distribution of ownership & control of the material
resource;
• To ensure that the economic system should not
result in concentration of wealth;
• Equal pay for equal work for both men & women;
• To protect health & strength of workers and tender
age of children;
Cont…
• Children are given opportunities & facilities to
develop in a healthy manner.
3. Equal justice and free legal aid (art. 39A).
4. Organization of village panchayats (art. 40).
5. Securing the right to work, to education and to
public assistance in cases of unemployment, old
age, sickness and disablement (art. 41).
Cont…
6. Provision for just and humane conditions of work
and maternity relief (art. 42).
7. Living wage, etc., for workers (art. 43).
8. Participation of workers in management of
industries (art. 43A).
9. Uniform civil code for all the citizens (art. 44).
10. Provision for free and compulsory education for
children (art. 45).
Cont…
11. Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other
weaker sections (art. 46).
12. Primary duty to raise the level of nutrition and the
standard of living and to improve public health (art.
47).
13. Organisation of agriculture and animal husbandry
on modern and scientific lines (art. 48).
Cont…
14. Protection and improvement of environment and
safeguarding of forests and wild life (art. 48A).
15. Protection of monuments and places and objects of
national importance (art. 49).
16. Separation of judiciary from executive (art. 50).
17. Promotion of international peace
and security (art. 51):-
• Promote international peace and security;
• Maintain just and honorable relations between nations;
• Foster respect for international law and treaty
obligations in the dealings of organized people with
one another; and
• Encourage settlement of international disputes by
arbitration.
THE UNION--
THE PRESIDENT
• There shall be a President of India.
• The executive power of the Union shall be vested in
the President.
• The Supreme command of the Defence Forces of
the Union.
• Elected by the members of an electoral college.
• Shall hold office for a term of five years.
Cont…
• No person shall be eligible for election as President
unless he:
a) a citizen of India,
b) has completed the age of thirty-five years,
c) is qualified for election as a member of the is House
of the People.
Cont…
• A person shall not be eligible for election as
President if he holds any office of profit under the
Government of India.
• Shall not be a member of either House of Parliament
or of a House of the Legislature of any State.
• To take oath in presence of Chief Justice of India.
THE VICE PRESIDENT
• There shall be a Vice-President of India.
• Shall be ex officio Chairman of the Council of States
• to act as President or to discharge his functions
during casual vacancies in the office, or during the
absence, of President.
• Eligibility and term of office criteria same as of
President.
Cont…
• Power of President to grant pardons, etc., and to
suspend, remit or commute sentences.
• The Union have the Power to make Laws.
COUNCIL OF MINISTERS
Definition
• Council of Ministers with the Prime Minister at the
head to aid and advise the President
• Not Exceed 15% of the total number of members of
the House of the People.
• The President shall administer to them the oaths of
office.
Conduct of Government
Business
• All executive action of the Government of India shall
be expressed to be taken in the name of the President.
• The President shall make rules for the more
convenient transaction of the business
• Duties of Prime Minister:
– To communicate all decisions relating to the
administration of the affairs.
Cont…
– To furnish such information relating to the
administration of the affairs
– To submit the consideration of the Council of
Ministers any matter on which a decision has
been taken by a Minister but which has not been
considered by the Council
Parliament
President
The Council
of States
The House of
the People
The Council of
States
12 members to be
nominated by the
President
238
representatives
of the States
Max. 250
Members
12 members to be
nominated by the
President
Have special
knowledge or practical
experience in
Literature, science, art
and social service
238 representatives of
the States
Elected by the elected
members of the
Legislative Assembly
of the State
House of the
People
20 members to
represent UT
530
representatives
of the States
Max. 550
Members
530 representatives of
the States
Elected by direct
election from territorial
constituencies in the
States
Allotment of Seats or number of constituencies in
the State is the ratio between that number and the
population of the State
Duration of Houses of Parliament
The Council of
States
Not be subject to
dissolution
1/3rd of members
retire on expiration
of every 2nd Year
The House of the
People
Dissolves
After 5 years from
the date appointed
for its first meeting
Officers of the Parliament
The Council
of States
Ex-Officio
Chairman
Deputy
Chairman
The House of
the People
Speaker
Deputy
Speaker
Officers have the right to speak in, and otherwise to take
part in the proceedings of the House
LIST OF COUNCIL OF
MINISTERS
Serial
No.
Portfolio Name of Minister
1. Prime Minister and also In-Charge of the
Ministries/Departments viz:
Ministry of Personnel, Public Grievances & Pensions;
Ministry of Planning;
Ministry of Water Resources;
Department of Atomic Energy; and
Department of Space
Dr. Manmohan Singh
2. Minister of Finance Shri Pranab Mukherjee
3. Minister of Agriculture and Minister of Consumer Affairs, Food &
Public Distribution
Shri Sharad Pawar
4. Minister of Defence Shri A.K. Antony
5. Minister of Home Affairs Shri P. Chidambaram
6. Minister of Railways Km. Mamata Banerjee
7. Minister of External Affairs Shri S.M. Krishna
8. Minister of Steel Shri Virbhadra Singh
9. Minister of Heavy Industries and Public Enterprises Shri Vilasrao Deshmukh
10. Minister of Health and Family Welfare Shri Ghulam Nabi Azad
11. Minister of Power Shri Sushil Kumar Shinde
12. Minister of Law and Justice Shri M. Veerappa Moily
13. Minister of New and Renewable Energy Dr. Farooq Abdullah
14. Minister of Urban Development Shri S. Jaipal Reddy
15. Minister of Road Transport and Highways Shri Kamal Nath
16. Minister of Overseas Indian Affairs Shri Vayalar Ravi
17. Minister of Textiles Shri Dayanidhi Maran
18. Minister of Communications and Information Technology Shri A. Raja
19. Minister of Petroleum and Natural Gas Shri Murli Deora
20. Minister of Information and Broadcasting Smt. Ambika Soni
21. Minister of Labour and Employment Shri Mallikarjun Kharge
22. Minister of Human Resource Development Shri Kapil Sibal
23. Minister of Mines and Minister of Development of North
Eastern Region
Shri B.K. Handique
24. Minister of Commerce and Industry Shri Anand Sharma
25. Minister of Rural Development and Minister of Panchayati
Raj
Shri C.P. Joshi
26. Minister of Housing and Urban Poverty Alleviation and
Minister of Tourism
Kum. Selja
27. Minister of Food Processing Industries Shri Subodh Kant Sahay
28. Minister of Youth Affairs and Sports Dr. M.S. Gill
29. Minister of Shipping Shri G.K. Vasan
30. Minister of Parliamentary Affairs Shri Pawan K. Bansal
31. Minister of Social Justice and Empowerment Shri Mukul Wasnik
32. Minister of Tribal Affairs Shri Kantilal Bhuria
33. Minister of Chemicals and Fertilizers Shri M.K. Alagiri
Ministers of State with
Independent Charge
Serial
No.
Portfolio Name of Minister
1. Ministry Civil Aviation Shri Praful Patel
2. Ministry of Science and Technology;
Ministry of Earth Sciences; and
Minister of State in the Prime Minister's Office;
Minister of State in the Ministry of Personnel, Public
Grievances & Pensions; and
Minister of State in the Ministry of Parliamentary Affairs
Shri Prithviraj Chavan
3. Ministry of Coal and Ministry of Statistics and
Programme Implementation
Shri Sriprakash Jaiswal
4. Ministry of Corporate Affairs and Ministry of Minority
Affairs
Shri Salman Khursheed
5. Ministry of Micro, Small and Medium Enterprises Shri Dinsha J. Patel
6. Ministry of Women and Child Development Smt. Krishna Tirath
7. Ministry of Environment and Forests Shri Jairam Ramesh
Ministers of State
1. Ministry of Chemicals and Fertilizers Shri Srikant Jena
2. Ministry of Railways Shri E. Ahamed
3. Ministry of Home Affairs Shri Mullappally
Ramachandran
4. Ministry of Planning and Ministry of
Parliamentary Affairs
Shri V. Narayansamy
5. Ministry of Commerce and Industry Shri JyotiradityaScindia
6. Ministry of Human Resource Development Smt. D. Purandeswari
7. Ministry of Railways Shri K.H. Muniyappa
8. Ministry of Home Affairs Shri Ajay Maken
9. Ministry of Textiles Smt. Panabaka Lakshmi
10. Ministry of Finance Shri Namo Narain Meena
11. Ministry of Defence Shri M.M. Pallam Raju
12. Ministry of Urban Development Shri Saugata Ray
13. Ministry of Finance Shri S.S. Palanimanickam
14. Ministry of Petroleum and Natural Gas Shri Jitin Prasad
15. Ministry of Steel Shri A. Sai Prathap
16. Ministry of External Affairs Smt. Preneet Kaur
17. Ministry of Communications and Information
Technology
Shri Gurdas Kamat
18. Ministry of Labour and Employment Shri Harish Rawat
19. Ministry of Agriculture and Ministry of Consumer
Affairs, Food & Public Distribution
Professor K.V. Thomas
20. Ministry of Power Shri Bharatsinh Solanki
21. Ministry of Road Transport and Highways Shri Mahadev S. Khandela
22. Ministry of Health and Family Welfare Shri Dinesh Trivedi
23. Ministry of Rural Development Shri Sisir Adhikari
24. Ministry of Tourism Shri Sultan Ahmed
25. Ministry of Shipping Shri Mukul Roy
26. Ministry of Information and Broadcasting Shri Mohan Jatua
27. Ministry of Social Justice and Empowerment Shri D. Napoleon
28. Ministry of Information and Broadcasting Dr. S. Jagathrakshakan
29. Ministry of Health and Family Welfare Shri S. Gandhiselvan
30. Ministry of Tribal Affairs Shri Tusharbhai Chaudhary
31. Ministry of Communications and Information
Technology
Shri Sachin Pilot
32. Ministry of Heavy Industries and Public
Enterprises
Shri Arun Yadav
33 Ministry of Youth Affairs and Sports Shri Pratik Prakashbapu Patil
34. Ministry of Road Transport and Highways Shri R.P.N. Singh
35. Ministry of External Affairs Shri Shashi Tharoor
(Now Resigned from his post)
36. Ministry of Water Resources Shri Vincent Pala
37. Ministry of Rural Development Shri Pradeep Jain
38. Ministry of Rural Development Ms. Agatha Sangma
Disqualifications for
membership
• Holds any office of profit under the Government;
• Of unsound mind and stands so declared by a
competent court;
• An undischarged insolvent;
• Is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State,
Powers, Privileges and
Immunities of Parliament
and its Members
• Freedom of speech in Parliament.
• Not liable to any proceedings in any court in respect of
any thing said or any vote given by him in Parliament or
any committee.
• Members of either House of Parliament shall be entitled
to receive such salaries and allowances as may from
time to time be determined by Parliament by law.
The Union Judiciary
Supreme Court of
India
Not more than
25 other Judges
(including CJI)
Chief Justice of
India
To be appointed by
the President and
shall hold office
until he attains the
age of 65 years
Cont…
• A person shall not be qualified for appointment as a
Judge of the Supreme Court unless he is a citizen of
India and:
a. has been for at least five years a Judge of a High
Court or of two or more such Courts in succession;
b. has been for at least ten years an advocate of a
High Court or of two or more such Courts in
succession;
Cont…
c. is, in the opinion of the President, a
distinguished jurist.
• The law declared by the Supreme Court shall be
binding on all courts within the territory of India.
• The Supreme Court may from time to time, with the
approval of the President, make rules for regulating
generally the practice and procedure of the Court.
Cont…
• CJI can make appointments of officers and servants
of the Supreme Court.
• Expenses shall be charged upon the Consolidated
Fund of India, and any fees or other moneys taken
by the Court shall form part of that Fund.
COMPTROLLER AND
AUDITOR-GENERAL OF
INDIA
Comptroller and Auditor-
General of India (art. 148):-
• Appointed by the President;
• Shall make and subscribe before the President, an
oath or affirmation according to the form set in the
Third Schedule.
• The salary and other conditions of service shall be
determined by Parliament;
Cont…
• Shall not be eligible for further Government office after he
has ceased to hold his office;
• The administrative powers shall be such as may be
prescribed by rules made by the President after
consultation with him.
• The administrative expenses of the office shall be charged
upon the Consolidated Fund of India.
• Duties and powers of the Comptroller and Auditor-General
Audit reports (art.151)
• relating to the accounts of the Union shall be
submitted to the President, who shall cause them to
be laid before each House of Parliament.
• relating to the accounts of a State shall be
submitted to the Governor of the State, who shall
cause them to be laid before the Legislature of the
State.
THE STATES
• Definition (art.152):
Does not include the state of Jammu & Kashmir.
• The Governor (art.153):
Same person can be a Governor for two or more
States.
• Executive Power of States (art.154):
Either directly or through officers subordinate to him.
• Appointment of Governor (art.155):
Appointed by the President by warrant under his
hand and seal.
• Term of office of Governor (art.156):
– By writing under his hand addressed to the
President, may resign his office;
– Term of Five years.
Qualifications for
appointment as Governor
(art.157):-
• a citizen of India.
• completed the age of thirty-five years.
Conditions of Governor's
office (art.158)
• The Governor shall not be a member of either
House of Parliament or of a House of the
Legislature;
• shall not hold any other office of profit;
• shall be entitled to such emoluments, allowances
and privileges as may be determined by Parliament;
• Emoluments and allowances shall not be diminished
during his term of office.
Oath or affirmation by the
Governor (art.159)
• In the presence of the Chief Justice of the High
Court.
• Discharge of the functions of the Governor in certain
contingencies (art.160).
• Power to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases (art.161).
Council of Ministers
• There shall be a Council of Ministers with the Chief
Minister at the head to aid and advise the Governor.
• The Chief Minister shall be appointed by the
Governor and the other Ministers shall be appointed
by the Governor on the advice of the Chief Minister.
• The total number of Ministers, in the Council of
Ministers in a State shall not exceed 15%.
States of Bihar,
Maharashtra,
Karnataka and
Uttar Pradesh
Legislative Council
Legislative
Assembly
Other
States
Legislative
Assembly
Duration of State Legislatures
Legislative Council
Not be subject to
dissolution
1/3rd of members
retire on expiration
of every 2nd Year
Legislative
Assembly
Dissolves
After 5 years from
the date appointed
for its first meeting
Legislative Council
1/4th of Legislative Assembly but
not less than 40
1/3rd elected by
electorates
consisting of
members of
municipalities,
district boards
and such other
local authorities
1/12th elected
by electorates
consisting of
persons
residing in the
State who have
been for at
least three
years
graduates
1/12th shall be
elected by
electorates
consisting of
persons who
have been for
at least three
years engaged
in teaching
1/3rd shall be
elected
by the
members of the
Legislative
Assembly
Remainder
shall be
nominated by
the Governor
Qualification for
membership of the State
Legislature
A person shall not be qualified to be chosen to fill a seat
in the Legislature of a State unless he-
– is a citizen of India,
– is, in the case of Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in
the Legislative Council, not less than thirty years of
age; and
Cont…
• possesses such other qualifications as may be
prescribed in that behalf by or under any law made
by Parliament.
Officers
Legislative
Assembly
Speaker
Deputy
Speaker
Legislative
Council
Chairman
Deputy
Chairman
The high courts in the
states
• Every High Court shall be a court of record and shall
have all the powers of such a court including the
power to punish
High
Court
Chief
Justice
Other
Judges
Cont…
• Every Judge of a High Court shall be appointed by
the President.
• Age limit is 62 Years.
• There shall be paid to the Judges of each High
Court such salaries as may be determined by
Parliament by law.
Subordinate Courts
• Appointments of persons to be, and the posting and
promotion of, district judges in any State shall be
made by the Governor of the State
• not less than seven years an advocate or a pleader
and is recommended by the High Court for
appointment.
PANCHAYATS
Definitions
a) “District” means a district in a State;
b) “Gram Sabha” means a body consisting of persons
registered in the electoral rolls relating to a village
comprised within the area of Panchayat at the
village level;
Cont…
c) “Intermediate level” means a level between the
village and district levels specified by the Governor
of a State by public notification to be the
intermediate level for the purposes of this Part;
Cont..
d)“Panchayat” means an institution of self-government
for the rural areas;
e) “Panchayat area” means the territorial area of a
Panchayat;
Cont..
f) “Population” means the population as ascertained at
the last preceding census of which the relevant
figures have been published;
g) “Village” means a village specified by the Governor
by public notification to be a village for the purposes
of this Part and includes a group of villages so
specified.
Constitution of Panchayats
 There shall be constituted in every State,
Panchayats at the village, intermediate and district
levels.
 Panchayats at the intermediate level may not be
constituted in a State having a population not
exceeding twenty lakhs.
Composition of Panchayats
 Legislature of a State may, by law, make provisions
with respect to the composition of Panchayats.
 All the seats in a Panchayat shall be filled by
persons chosen by direct election from territorial
constituencies in the Panchayat area.
Cont..
 Provided that the ratio between the population of the
territorial area of a Panchayat at any level and the
number of seats in such Panchayat to be filled by
election shall, so far as practicable, be the same
throughout the State.
Reservation of Seats.
 Seats shall be reserved for-
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
 Not less than one-third of the total number of seats
reserved shall be reserved for women belonging to
the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
Cont…
 Not less than one-third (including the number of
seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in
every Panchayat shall be reserved for women and
such seats may be allotted by rotation to different
constituencies in a Panchayat.
Duration of Panchayats
 Every Panchayat, unless sooner dissolved under
any law for the time being in force, shall continue for
five years from the date appointed for its first
meeting and no longer.
Cont…
 No amendment of any law for the time being in force
shall have the effect of causing dissolution of a
Panchayat at any level, which is functioning
immediately before such amendment, till the
expiration of its duration.
 An election to constitute a Panchayat shall be
completed before the expiry of its duration.
Cont…
 A Panchayat constituted upon the dissolution of a
Panchayat before the expiration of its duration shall
continue only for the remainder of the period for
which the dissolved Panchayat would have
continued had it not been so dissolved.
Powers, authority and
responsibilities of
Panchayats
(a) the preparation of plans for economic development
and social justice;
(b) the implementation of schemes for economic
development and social justice as may be entrusted
to them.
Elections to the
Panchayats
 The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of,
all elections to the Panchayats shall be vested in a
State Election Commission consisting of a State
Election Commissioner to be appointed by the
Governor
Cont…
 The Legislature of a State may, by law, make
provision with respect to all matters relating to,
or in connection with, elections to the
Panchayats.
Cont…
 The Governor of a State shall, when so requested
by the State Election Commission, make available to
the State Election Commission such staff as may be
necessary for the discharge of the functions
conferred on the State Election Commission.
THE MUNICIPALITIES
Definitions
(a) “Committee” means a Committee
(b) “district” means a district in a State;
(c) “Metropolitan area” means an area having a population
of ten lakhs or more, comprised in one or more districts
and consisting of two or more Municipalities or
Panchayats or other contiguous areas, specified by the
Governor by public notification.
Cont…
(d)“Municipal area” means the territorial area of a
Municipality as is notified by the Governor;
(e) “Municipality” means an institution of self government
(f) “Panchayat” means a Panchayat which has been defined
in the PANCHAYAT section.
(g) “population” means the population as ascertained at the
last preceding census of which the relevant figures have
been published
Constitution of
Municipalities
 There shall be constituted in every State,:
(a) a Nagar Panchayat for a transitional area, that is to
say, an area in transition from a rural area to an
urban area;
(b) a Municipal Council for a smaller urban area and
(c) a Municipal Corporation for a larger urban area.
Cont…
 In this article, “a transitional area”, “a smaller urban area”
or “a larger urban area” means such area as the Governor
may, having regard to the:
a) Population of the area,
b) The density of the population therein,
c) The revenue generated for local administration,
d) The percentage of employment in non-agricultural activity
Composition of
Municipalities
 All the seats in a Municipality shall be filled by
persons chosen by direct election from the territorial
constituencies in the Municipal area and for this
purpose each Municipal area shall be divided into
territorial constituencies to be known as wards.
Constitution and
composition of
Wards Committees
(1) There shall be constituted Wards Committees,
consisting of one or more wards, within the territorial
area of a Municipality having a population of three
lakhs or more.
(2) The Legislature of a State may, by law, make
provision with respect to :
Cont…
(a) the composition and the territorial area of a
Wards Committee;
(b) the manner in which the seats in a Wards
Committee shall be filled.
(3) A member of a Municipality representing a ward
within the territorial area of the Wards Committee
shall be a member of that Committee.
Cont…
(4) Where a Wards Committee consists of:
(a) one ward, the member representing that ward in
the Municipality; or
(b) two or more wards, one of the members shall be
Chairperson.
(5) Nothing in this article shall be deemed to prevent
the Legislature of a State from making any provision
for the constitution of Committees in addition to the
Wards Committees.
Reservation of
seats
 Seats shall be reserved for the Scheduled Castes
and the Scheduled Tribes in every Municipality.
 Not less than one-third of the total number of seats
reserved, shall be reserved for women belonging to
the Scheduled Castes or the Scheduled Tribes.
Cont….
 Not less than one-third (including the number of
seats reserved for women belonging to the SC and
the ST) of the total number of seats to be filled by
direct election in every Municipality shall be
reserved for women and such seats may be allotted
by rotation to different constituencies in a
Municipality.
Cont…
 The offices of Chairpersons in the Municipalities shall be
reserved for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the Legislature of
a State may, by law, provide.
 Nothing shall prevent the Legislature of a State from
making any provision for reservation of seats in any
Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.
Duration of
Municipalities
 Every Municipality, unless sooner dissolved under
any law for the time being in force, shall continue for
five years from the date appointed for its first
meeting.
 An election to constitute a Municipality shall be
completed before the expiry of its duration.
Cont…
• A Municipality constituted upon the dissolution of a
Municipality before the expiration of its duration shall
continue only for the remainder of the period for
which the dissolved Municipality would have
continued.
Powers, authority and
responsibilities of
Municipalities
 The Legislature of a State may, by law, endow:
(a) the Municipalities with such powers and authority as
may be necessary to enable them to function as
institutions of self-government and such law may
contain provisions for the devolution of powers and
responsibilities upon Municipalities.
Cont…
 the Committees with such powers and authority as
may be necessary to enable them to carry out the
responsibilities conferred upon them.
Elections to the
Municipalities
 The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all
elections to the Municipalities shall be vested in the
State Election Commission.
 Subject to the provisions of this Constitution, the
Legislature of a State may, by law, make provision with
respect to all matters relating to, or in connection with,
elections to the Municipalities.
THE UNION TERRITORIES
Administration of
Union territories
 Every Union territory shall be administered by the
President acting, to such extent as he thinks fit,
through an administrator to be appointed by him
with such designation as he may specify.
Cont…
 The President may appoint the Governor of a State
as the administrator of an adjoining Union territory,
and where a Governor is so appointed, he shall
exercise his functions as such administrator
independently of his Council of Ministers.
Creation of local Legislatures
or
Council of Ministers or both
for certain Union territories.
 Parliament may by law create:-
(a) a body, whether elected or partly nominated and partly
elected, to function as a Legislature for the Union territory,
(b) a Council of Ministers, or both with such constitution,
powers and functions, in each case, as may be specified in
the law.
High Courts for
Union territories
 Parliament may by law constitute a High Court for
union territory or declare any court in any such
territory to be a High Court for all or any of the
purposes of this Constitution.
Nibha Goyal
Prabhjot Kaur
Robin Inderpal Singh
Thank You!

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Constitution of India

  • 2. Constitution of India भारतीय संविधान • The Supreme law of India. • A living document, an instrument which makes the government system work. • Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. • Contain 395 articles in 22 parts, 12 schedules and 94 amendments, for a total of 117,369 words.
  • 3.
  • 4. Principles of Our Constitution The Preamble has clearly states that our country is now Sovereign in all matters. The ultimate source of all power is ‘ THE PEOPLE ’ I. Sovereignty ii. Democracy iii. Secularism and iv. Socialism are basic principles of our constitution.
  • 5. Cont.. 1) Sovereignty: This is the main feature of the Indian constitution. India is completely an independent country now. We are not subordinate or slave to any country in external or internal matters. 2) Democracy: Democracy means a government which is run by representatives who are elected on the basis of adult franchise.
  • 6. Cont… 3) Secularism: The state gives equal treatment to all religions. It does not favor any particular religion. The constitution gives complete freedom to its citizens to practice and preach their own religion. 4) Socialism: the achievement of socialism, based on economic and social equity, is the chief goal of our constitution. It provides equal opportunities in education, employment, justice to all.
  • 8. Definition • The Government and Parliament of India and • The Government and the Legislature of each of the states and • All local or other authorities within the territory of India or under the control of the Government of India.
  • 10. Right to Equality (Article 14-18) • Equality before law (Article 14). • Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). • Equality of opportunity in matters of public employment (Article 16). • Abolition of Untouchability (Article 17). • Abolition of titles (Article 18).
  • 11. Right to Freedom • Protection of certain rights regarding freedom of speech, etc. (Article 19). • Protection in respect of conviction for offences (Article 20). • Protection of life and personal liberty (Article 21). • Right to education (Article 21A). • Protection against arrest and detention in certain cases (Article 22).
  • 12. Right against Exploitation • Prohibition of traffic in human beings and forced labour (Article 23). • Prohibition of employment of children in factories, etc. (Article 24).
  • 13. Right to Freedom of Religion • Freedom of conscience and free profession, practice and propagation of religion (Article 25). • Freedom to manage religious affairs (Article 26). • Freedom as to payment of taxes for promotion of any particular religion (Article 27). • Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28).
  • 14. Cultural and Educational Rights • Protection of interests of minorities (Article 29). • Right of minorities to establish and administer educational institutions (Article 30).
  • 15. Right to Constitutional Remedies • Remedies for enforcement of rights conferred (Article 32)
  • 16. Fundamental Duties (Article 51A) • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; • To cherish and follow the noble ideals which inspired our national struggle for freedom; • To uphold and protect the sovereignty, unity and integrity of India; • To defend the country and render national service when called upon to do so.
  • 17. Cont… • To promote harmony and the spirit of common brotherhood amongst all the people of India; • to value and preserve the rich heritage of our composite culture; • To protect and improve the natural environment; • To develop the scientific temper, humanism and the spirit of inquiry and reform; • To safeguard public property and to abjure violence.
  • 19. 1. State to secure a social order based on justice (art.38):- • Promote the welfare of the people; • Minimize the inequalities in income, status, facilities & opportunities. 2. Principles of policy to be followed by the state for securing economic justice (art. 39):- • Equal right of men & women;
  • 20. Cont… • Distribution of ownership & control of the material resource; • To ensure that the economic system should not result in concentration of wealth; • Equal pay for equal work for both men & women; • To protect health & strength of workers and tender age of children;
  • 21. Cont… • Children are given opportunities & facilities to develop in a healthy manner. 3. Equal justice and free legal aid (art. 39A). 4. Organization of village panchayats (art. 40). 5. Securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (art. 41).
  • 22. Cont… 6. Provision for just and humane conditions of work and maternity relief (art. 42). 7. Living wage, etc., for workers (art. 43). 8. Participation of workers in management of industries (art. 43A). 9. Uniform civil code for all the citizens (art. 44). 10. Provision for free and compulsory education for children (art. 45).
  • 23. Cont… 11. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections (art. 46). 12. Primary duty to raise the level of nutrition and the standard of living and to improve public health (art. 47). 13. Organisation of agriculture and animal husbandry on modern and scientific lines (art. 48).
  • 24. Cont… 14. Protection and improvement of environment and safeguarding of forests and wild life (art. 48A). 15. Protection of monuments and places and objects of national importance (art. 49). 16. Separation of judiciary from executive (art. 50).
  • 25. 17. Promotion of international peace and security (art. 51):- • Promote international peace and security; • Maintain just and honorable relations between nations; • Foster respect for international law and treaty obligations in the dealings of organized people with one another; and • Encourage settlement of international disputes by arbitration.
  • 27. • There shall be a President of India. • The executive power of the Union shall be vested in the President. • The Supreme command of the Defence Forces of the Union. • Elected by the members of an electoral college. • Shall hold office for a term of five years.
  • 28. Cont… • No person shall be eligible for election as President unless he: a) a citizen of India, b) has completed the age of thirty-five years, c) is qualified for election as a member of the is House of the People.
  • 29. Cont… • A person shall not be eligible for election as President if he holds any office of profit under the Government of India. • Shall not be a member of either House of Parliament or of a House of the Legislature of any State. • To take oath in presence of Chief Justice of India.
  • 31. • There shall be a Vice-President of India. • Shall be ex officio Chairman of the Council of States • to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. • Eligibility and term of office criteria same as of President.
  • 32. Cont… • Power of President to grant pardons, etc., and to suspend, remit or commute sentences. • The Union have the Power to make Laws.
  • 34. Definition • Council of Ministers with the Prime Minister at the head to aid and advise the President • Not Exceed 15% of the total number of members of the House of the People. • The President shall administer to them the oaths of office.
  • 35. Conduct of Government Business • All executive action of the Government of India shall be expressed to be taken in the name of the President. • The President shall make rules for the more convenient transaction of the business • Duties of Prime Minister: – To communicate all decisions relating to the administration of the affairs.
  • 36. Cont… – To furnish such information relating to the administration of the affairs – To submit the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council
  • 38. The Council of States 12 members to be nominated by the President 238 representatives of the States Max. 250 Members
  • 39. 12 members to be nominated by the President Have special knowledge or practical experience in Literature, science, art and social service 238 representatives of the States Elected by the elected members of the Legislative Assembly of the State
  • 40. House of the People 20 members to represent UT 530 representatives of the States Max. 550 Members
  • 41. 530 representatives of the States Elected by direct election from territorial constituencies in the States Allotment of Seats or number of constituencies in the State is the ratio between that number and the population of the State
  • 42. Duration of Houses of Parliament The Council of States Not be subject to dissolution 1/3rd of members retire on expiration of every 2nd Year The House of the People Dissolves After 5 years from the date appointed for its first meeting
  • 43. Officers of the Parliament The Council of States Ex-Officio Chairman Deputy Chairman The House of the People Speaker Deputy Speaker Officers have the right to speak in, and otherwise to take part in the proceedings of the House
  • 44. LIST OF COUNCIL OF MINISTERS
  • 45. Serial No. Portfolio Name of Minister 1. Prime Minister and also In-Charge of the Ministries/Departments viz: Ministry of Personnel, Public Grievances & Pensions; Ministry of Planning; Ministry of Water Resources; Department of Atomic Energy; and Department of Space Dr. Manmohan Singh 2. Minister of Finance Shri Pranab Mukherjee 3. Minister of Agriculture and Minister of Consumer Affairs, Food & Public Distribution Shri Sharad Pawar 4. Minister of Defence Shri A.K. Antony 5. Minister of Home Affairs Shri P. Chidambaram 6. Minister of Railways Km. Mamata Banerjee 7. Minister of External Affairs Shri S.M. Krishna 8. Minister of Steel Shri Virbhadra Singh 9. Minister of Heavy Industries and Public Enterprises Shri Vilasrao Deshmukh 10. Minister of Health and Family Welfare Shri Ghulam Nabi Azad 11. Minister of Power Shri Sushil Kumar Shinde 12. Minister of Law and Justice Shri M. Veerappa Moily 13. Minister of New and Renewable Energy Dr. Farooq Abdullah 14. Minister of Urban Development Shri S. Jaipal Reddy 15. Minister of Road Transport and Highways Shri Kamal Nath 16. Minister of Overseas Indian Affairs Shri Vayalar Ravi
  • 46. 17. Minister of Textiles Shri Dayanidhi Maran 18. Minister of Communications and Information Technology Shri A. Raja 19. Minister of Petroleum and Natural Gas Shri Murli Deora 20. Minister of Information and Broadcasting Smt. Ambika Soni 21. Minister of Labour and Employment Shri Mallikarjun Kharge 22. Minister of Human Resource Development Shri Kapil Sibal 23. Minister of Mines and Minister of Development of North Eastern Region Shri B.K. Handique 24. Minister of Commerce and Industry Shri Anand Sharma 25. Minister of Rural Development and Minister of Panchayati Raj Shri C.P. Joshi 26. Minister of Housing and Urban Poverty Alleviation and Minister of Tourism Kum. Selja 27. Minister of Food Processing Industries Shri Subodh Kant Sahay 28. Minister of Youth Affairs and Sports Dr. M.S. Gill 29. Minister of Shipping Shri G.K. Vasan 30. Minister of Parliamentary Affairs Shri Pawan K. Bansal 31. Minister of Social Justice and Empowerment Shri Mukul Wasnik 32. Minister of Tribal Affairs Shri Kantilal Bhuria 33. Minister of Chemicals and Fertilizers Shri M.K. Alagiri
  • 47. Ministers of State with Independent Charge Serial No. Portfolio Name of Minister 1. Ministry Civil Aviation Shri Praful Patel 2. Ministry of Science and Technology; Ministry of Earth Sciences; and Minister of State in the Prime Minister's Office; Minister of State in the Ministry of Personnel, Public Grievances & Pensions; and Minister of State in the Ministry of Parliamentary Affairs Shri Prithviraj Chavan 3. Ministry of Coal and Ministry of Statistics and Programme Implementation Shri Sriprakash Jaiswal 4. Ministry of Corporate Affairs and Ministry of Minority Affairs Shri Salman Khursheed 5. Ministry of Micro, Small and Medium Enterprises Shri Dinsha J. Patel 6. Ministry of Women and Child Development Smt. Krishna Tirath 7. Ministry of Environment and Forests Shri Jairam Ramesh
  • 48. Ministers of State 1. Ministry of Chemicals and Fertilizers Shri Srikant Jena 2. Ministry of Railways Shri E. Ahamed 3. Ministry of Home Affairs Shri Mullappally Ramachandran 4. Ministry of Planning and Ministry of Parliamentary Affairs Shri V. Narayansamy 5. Ministry of Commerce and Industry Shri JyotiradityaScindia 6. Ministry of Human Resource Development Smt. D. Purandeswari 7. Ministry of Railways Shri K.H. Muniyappa 8. Ministry of Home Affairs Shri Ajay Maken 9. Ministry of Textiles Smt. Panabaka Lakshmi 10. Ministry of Finance Shri Namo Narain Meena 11. Ministry of Defence Shri M.M. Pallam Raju 12. Ministry of Urban Development Shri Saugata Ray 13. Ministry of Finance Shri S.S. Palanimanickam 14. Ministry of Petroleum and Natural Gas Shri Jitin Prasad 15. Ministry of Steel Shri A. Sai Prathap
  • 49. 16. Ministry of External Affairs Smt. Preneet Kaur 17. Ministry of Communications and Information Technology Shri Gurdas Kamat 18. Ministry of Labour and Employment Shri Harish Rawat 19. Ministry of Agriculture and Ministry of Consumer Affairs, Food & Public Distribution Professor K.V. Thomas 20. Ministry of Power Shri Bharatsinh Solanki 21. Ministry of Road Transport and Highways Shri Mahadev S. Khandela 22. Ministry of Health and Family Welfare Shri Dinesh Trivedi 23. Ministry of Rural Development Shri Sisir Adhikari 24. Ministry of Tourism Shri Sultan Ahmed 25. Ministry of Shipping Shri Mukul Roy 26. Ministry of Information and Broadcasting Shri Mohan Jatua 27. Ministry of Social Justice and Empowerment Shri D. Napoleon 28. Ministry of Information and Broadcasting Dr. S. Jagathrakshakan 29. Ministry of Health and Family Welfare Shri S. Gandhiselvan 30. Ministry of Tribal Affairs Shri Tusharbhai Chaudhary
  • 50. 31. Ministry of Communications and Information Technology Shri Sachin Pilot 32. Ministry of Heavy Industries and Public Enterprises Shri Arun Yadav 33 Ministry of Youth Affairs and Sports Shri Pratik Prakashbapu Patil 34. Ministry of Road Transport and Highways Shri R.P.N. Singh 35. Ministry of External Affairs Shri Shashi Tharoor (Now Resigned from his post) 36. Ministry of Water Resources Shri Vincent Pala 37. Ministry of Rural Development Shri Pradeep Jain 38. Ministry of Rural Development Ms. Agatha Sangma
  • 51. Disqualifications for membership • Holds any office of profit under the Government; • Of unsound mind and stands so declared by a competent court; • An undischarged insolvent; • Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
  • 52. Powers, Privileges and Immunities of Parliament and its Members • Freedom of speech in Parliament. • Not liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee. • Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law.
  • 53. The Union Judiciary Supreme Court of India Not more than 25 other Judges (including CJI) Chief Justice of India To be appointed by the President and shall hold office until he attains the age of 65 years
  • 54. Cont… • A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and: a. has been for at least five years a Judge of a High Court or of two or more such Courts in succession; b. has been for at least ten years an advocate of a High Court or of two or more such Courts in succession;
  • 55. Cont… c. is, in the opinion of the President, a distinguished jurist. • The law declared by the Supreme Court shall be binding on all courts within the territory of India. • The Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court.
  • 56. Cont… • CJI can make appointments of officers and servants of the Supreme Court. • Expenses shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.
  • 58. Comptroller and Auditor- General of India (art. 148):- • Appointed by the President; • Shall make and subscribe before the President, an oath or affirmation according to the form set in the Third Schedule. • The salary and other conditions of service shall be determined by Parliament;
  • 59. Cont… • Shall not be eligible for further Government office after he has ceased to hold his office; • The administrative powers shall be such as may be prescribed by rules made by the President after consultation with him. • The administrative expenses of the office shall be charged upon the Consolidated Fund of India. • Duties and powers of the Comptroller and Auditor-General
  • 60. Audit reports (art.151) • relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. • relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.
  • 62. • Definition (art.152): Does not include the state of Jammu & Kashmir. • The Governor (art.153): Same person can be a Governor for two or more States. • Executive Power of States (art.154): Either directly or through officers subordinate to him.
  • 63. • Appointment of Governor (art.155): Appointed by the President by warrant under his hand and seal. • Term of office of Governor (art.156): – By writing under his hand addressed to the President, may resign his office; – Term of Five years.
  • 64. Qualifications for appointment as Governor (art.157):- • a citizen of India. • completed the age of thirty-five years.
  • 65. Conditions of Governor's office (art.158) • The Governor shall not be a member of either House of Parliament or of a House of the Legislature; • shall not hold any other office of profit; • shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament; • Emoluments and allowances shall not be diminished during his term of office.
  • 66. Oath or affirmation by the Governor (art.159) • In the presence of the Chief Justice of the High Court. • Discharge of the functions of the Governor in certain contingencies (art.160). • Power to grant pardons, etc., and to suspend, remit or commute sentences in certain cases (art.161).
  • 67. Council of Ministers • There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor. • The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister. • The total number of Ministers, in the Council of Ministers in a State shall not exceed 15%.
  • 68. States of Bihar, Maharashtra, Karnataka and Uttar Pradesh Legislative Council Legislative Assembly Other States Legislative Assembly
  • 69. Duration of State Legislatures Legislative Council Not be subject to dissolution 1/3rd of members retire on expiration of every 2nd Year Legislative Assembly Dissolves After 5 years from the date appointed for its first meeting
  • 70. Legislative Council 1/4th of Legislative Assembly but not less than 40 1/3rd elected by electorates consisting of members of municipalities, district boards and such other local authorities 1/12th elected by electorates consisting of persons residing in the State who have been for at least three years graduates 1/12th shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching 1/3rd shall be elected by the members of the Legislative Assembly Remainder shall be nominated by the Governor
  • 71. Qualification for membership of the State Legislature A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he- – is a citizen of India, – is, in the case of Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and
  • 72. Cont… • possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
  • 74. The high courts in the states • Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish High Court Chief Justice Other Judges
  • 75. Cont… • Every Judge of a High Court shall be appointed by the President. • Age limit is 62 Years. • There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law.
  • 76. Subordinate Courts • Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State • not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
  • 78. Definitions a) “District” means a district in a State; b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
  • 79. Cont… c) “Intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
  • 80. Cont.. d)“Panchayat” means an institution of self-government for the rural areas; e) “Panchayat area” means the territorial area of a Panchayat;
  • 81. Cont.. f) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published; g) “Village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.
  • 82. Constitution of Panchayats  There shall be constituted in every State, Panchayats at the village, intermediate and district levels.  Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
  • 83. Composition of Panchayats  Legislature of a State may, by law, make provisions with respect to the composition of Panchayats.  All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area.
  • 84. Cont..  Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
  • 85. Reservation of Seats.  Seats shall be reserved for- (a) the Scheduled Castes; and (b) the Scheduled Tribes,  Not less than one-third of the total number of seats reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
  • 86. Cont…  Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.
  • 87. Duration of Panchayats  Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
  • 88. Cont…  No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration.  An election to constitute a Panchayat shall be completed before the expiry of its duration.
  • 89. Cont…  A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued had it not been so dissolved.
  • 90. Powers, authority and responsibilities of Panchayats (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them.
  • 91. Elections to the Panchayats  The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor
  • 92. Cont…  The Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
  • 93. Cont…  The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission.
  • 95. Definitions (a) “Committee” means a Committee (b) “district” means a district in a State; (c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification.
  • 96. Cont… (d)“Municipal area” means the territorial area of a Municipality as is notified by the Governor; (e) “Municipality” means an institution of self government (f) “Panchayat” means a Panchayat which has been defined in the PANCHAYAT section. (g) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published
  • 97. Constitution of Municipalities  There shall be constituted in every State,: (a) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area and (c) a Municipal Corporation for a larger urban area.
  • 98. Cont…  In this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the: a) Population of the area, b) The density of the population therein, c) The revenue generated for local administration, d) The percentage of employment in non-agricultural activity
  • 99. Composition of Municipalities  All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
  • 100. Constitution and composition of Wards Committees (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to :
  • 101. Cont… (a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
  • 102. Cont… (4) Where a Wards Committee consists of: (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members shall be Chairperson. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.
  • 103. Reservation of seats  Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality.  Not less than one-third of the total number of seats reserved, shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
  • 104. Cont….  Not less than one-third (including the number of seats reserved for women belonging to the SC and the ST) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
  • 105. Cont…  The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.  Nothing shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.
  • 106. Duration of Municipalities  Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting.  An election to constitute a Municipality shall be completed before the expiry of its duration.
  • 107. Cont… • A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued.
  • 108. Powers, authority and responsibilities of Municipalities  The Legislature of a State may, by law, endow: (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities.
  • 109. Cont…  the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them.
  • 110. Elections to the Municipalities  The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.  Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
  • 112. Administration of Union territories  Every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
  • 113. Cont…  The President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
  • 114. Creation of local Legislatures or Council of Ministers or both for certain Union territories.  Parliament may by law create:- (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.
  • 115. High Courts for Union territories  Parliament may by law constitute a High Court for union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.
  • 116. Nibha Goyal Prabhjot Kaur Robin Inderpal Singh Thank You!