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LABOUR LAWS -Session
The Indian Constitution
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Background
Process of evolution of Constitution began much earlier than 1947.Its
origin is closely related to India's struggle for Independence from British
rule.
Way back in 1895 the leaders of India's freedom struggle [Annie Besant
and Lokmanya Tilak]had put forward a document called Constitution of
India Bill [also known as Home Rule Bill] which envisaged freedom of
expression and equality before law.
In 1927 Lord Birkenhead,the Secretary of State challenged Indian leaders
'to produce a Constitution which carries behind it a fair measure of
general agreement among different sections'.
The Indian National Congress in 1928 appointed a committee under the
chairmanship of Motilal Nehru 'to determine the principles of Constitution
for India'.
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Background
The Nehru Report submitted on 10th August 1928 was in
effect an outline of a draft Constitution of India.
Envisaged equal rights to men and women regardless of caste,
class,religion or region, free elementary education, freedom
of expression to all etc.
Secular character of the State was listed as a fundamental
right.
The revolutionary idea that framing of Constitution should be
made by a Constituent assembly elected with widest possible
franchise first propounded by M.N.Roy and Jawaharlal Nehru
began to gain ground.
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Background
Dr. Rajendra Prasad was elected as Chairman.
The Assembly formed different sub committees dealing with
different aspects of the Constitution.
The most important Drafting Committee was under theChairmanship of Dr.B.R.Ambedkar.
After long and painstaking deliberations and several
modifications lasting for 166 days in a period of about 3 years
the Constituent Assembly approved the draft Constitution on
November 26 1949.
The longest written Constitution of the World became law on
January 26 1950.
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Background
Indian Constitution have several unique features.
It also have borrowed freely from many other
Constitutions including that of USA, Ireland and
Australia and also from the time tested conventionsof British Parliament and the Government of India
Act of 1935 enacted by the British.
Indian Constitutions lays down a set of rules to which
the ordinary laws of the country must conform.
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Objectives of The Constitution
Constitution of independent India was framed inthe background of about 200 years of colonialrule, a mass-based freedom struggle, the nationalmovement, partition of the country and spread of
communal violence. Therefore, the framers of the Constitution were
concerned about the aspirations of the people,integrity and unity of the country and
establishment of a democratic society. Amongst the members there were some who
held different ideological views.
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Objectives of The Constitution
There were others who were inclined to socialistprinciples, still others holding Gandhian thinkingbut nothing could act as any kind of impedimentin the progress of the Assemblys work because
all these members were of liberal ideas. Their main aim was to give India a Constitution
which will fulfill the cherished ideas and ideals ofthe people of this country.
The constitution was enforced with effect fromJanuary 26, 1950. From that day India became aRepublic
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The Preamble
The Preamble, in brief, explains the objectives
of the Constitution in two ways: one, about
the structure of the governance and the other,
about the ideals to be achieved in
independent India.
It is because of this, the Preamble is
considered to be the key of the Constitution.
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Fundamental Rights including Writs
Sovereignty
Socialist
Secularism Democratic Republic
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Fundamental Rights
Certain rights are considered basic or fundamental asthey provide suitable conditions for the material andmoral uplift of the people. The Indian Constitutionguarantees a number of such rights to the citizens of
India. The Right to Equality;
The Right to Freedom;
The Right against Exploitation;
The Right to Freedom of Religion; Cultural and Educational Rights; and
The Right to Constitutional Remedies
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Directive Principles of State Policy
The Directive Principles of State Policy
constitute another distinctive feature of our
Constitution, These Principles embody certain
ideals and objectives which should be kept inmind by the Union and State Governments
while making laws and implementing policies.
The implementation of these directives was notmade compulsory due to the paucity of
resources.
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Directive Principles of State Policy
The Directive Principles of State Policy are non-justifiable.
No legal remedy can be sought in a court of law ft theGovernment fails to follow or implement any of theseprinciples.
In other words, the Directive Principles are non-justifiablerights of the citizen.
However, these principles are considered important in thegovernance of the country.
It becomes a moral duty of every government to follow
them and realise the purpose behind them. Several amendments to the Constitution, together with
some judgments of the Supreme Court have paved the wayfor the implementation of the Directive Principles.
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Independence of the Judiciary
Our Constitution has taken special care to establish anindependent and impartial judiciary.
The judges of the Supreme Court and the State HighCourts have been provided security of service.
Once appointed, their salaries and allowances cannotbe altered to their disadvantage by the Governmentduring the course of their tenure.
Nor can they be dismissed before the age of theirretirement except in case of proven misconductsupported by a resolution of Parliament passed by atwo-thirds majority.
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Independence of the Judiciary
Security of service of judges is in keeping with the dignityand prestige of the highest judicial organs of the country.
This provision has been made in the Constitution to keepthe judges independent and immune from the control andinfluence of the Executive.
The judges can exercise their discretion in the dispensationof justice even if their decisions go against the Government.
The Supreme Court and the State High Courts are also theguardians of the rights and liberties of the citizens and
protect them against arbitrary action on the part of allgovernment agencies.
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JURISDICTION OF THE SUPREME COURT
The Supreme Court has original, appellate andadvisory jurisdiction.
Its exclusive original jurisdiction extends to anydispute between the Government of India andone or more States or between the Governmentof India and any State or States on one side andone or more States on the other or between twoor more States, if and insofar as the dispute
involves any question (whether of law or of fact)on which the existence or extent of a legal rightdepends.
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JURISDICTION OF THE SUPREME COURT
In addition, Article 32 of the Constitution gives
an extensive original jurisdiction to the
Supreme Court in regard to enforcement of
Fundamental Rights.
It is empowered to issue directions, orders or
writs, including writs in the nature of habeas
corpus, prohibition, to enforce them
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Jurisdiction of High Court
For example : Bombay High Court
The court has jurisdiction over the states ofMaharashtra, Goa and the Union territories of
Daman and Diu and Dadra and Nagar Haveli.The court has benches in Nagpur, Aurangabadand Panaji.
The Bar Council of Maharashtra and Goa hasenrolled approximately 90,000 Advocates onits Roll till October 2009.
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Union's Integration
Eventually a United Nations-overseen ceasefire was agreed
that left India in control of two thirds of the contested region.
Jawaharlal Nehru initially agreed to Mountbattens proposal
that a plebiscite be held in the entire state as soon as
hostilities ceased, and a UN-sponsored cease-fire was agreed
to by both parties on Jan. 1, 1949.
No statewide plebiscite was held, however, for in 1954, after
Pakistan began to receive arms from the United States, Nehru
withdrew his support.
The Indian Constitution came into force in Kashmir on 26
January 1950 with special clauses for the state.
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Article 370
The President was empowered to extend the application of
the provisions of the Constitution of India to the State by an
order issued by him in concurrence with the State
government.
Presumably the temporary provisions, envisaged by Article
370, were meant to remain in operation only so long as the
Constituent Assembly of the State completed its task.
Evidently, the founding fathers of the Indian Constitution
could not have visualised a perpetual Constituent Assemblyfor the State.
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Article 356
Article 356 allows the president to dismiss a state government
on the advice of the governor of the state or on his own if he
is satisfied that the administration of the state cannot be
carried out according to the provisions of the constitution.
Once the elected government is dismissed;
the President of India shall be the head of the state executive.
As in practice, the President acts according to the advice of
Council of Ministers at the Centre, the administration of the
state is performed according to the policies of ruling party at
the center.