Is Indian Constitution Obsolete

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Acknowledgment
I hereby take this opportunity to thank Institute of Planning and Management, Lucknow for providing me an opportunity to do a project on The Constitution of INDIA is NOT Obsolete. I express my sincere gratitude to my mentor and guide, Prof.Jasnidhi Kaur who always provided me with necessary inputs, guidance and direction to carry out this project. Last but not the least, my million thanks to all the people whom I have conversed with and taken inputs from, to complete this project.
(Mukesh kr. Singh patel) (Amit kumar yadav) (Swapnil Asthana) (Abhijeet Pandey)
National Economics Programming Project
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IS INDIAN CONSTITUTION OBSOLETE ??
Mukesh Kumar Singh Patel
Amit Yadav
Abhijeet Pandey
Swapnil Asthana
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INTRODUCTION
Framed by a Constituent Assembly
Constituted in 1946 Consisted of 299 members Majority members belonged to Congress Party All prominent leaders of Freedom Movement were members
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Working of constitute assembly
Dr. Rajendra Prasad President of Constituent Constitution Assembly
Dr. B.R. Ambedkar, Chairman of drafting committee of
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Objectives of the constitution
Dr. Rajendra Prasad signing the new constitution
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Objectives of the constitution
Background of about 200 years Aspirations of the people, integrity and unity of the country and establishment of a democratic society Cherished ideas and ideals of the people Consensus on different issues and principles
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Salient features of the constitution A Written Constitution A Combination of Rigidity and Flexibility Federal Policy Parliamentary Democracy Fundamental Rights and Fundamental Duties.
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The Constitution of India

The Constitution was enacted by the constituent Assembly on 26 November 1949, and came into effect on 26 January 1950The date 26 January was chosen to commemorate the Purna Swaraj declelartion of indipendence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. The Constitution declares India to be a sovereign, socialist, secular, democratic republic assuring its citizens of justice, equality and liberty, and endeavours to promote fraternity among them. The words "socialist" and "secular" were added to the definition in 1976 by constitutional amendment. India celebrates the adoption of the constitution on 26 January each year as Republic Day Background The majority of the Indian subcontinent was under British colonial rule from 1858 to 1947. This period saw the gradual rise of the Indian independence movement to gain independence from foreign rule. The movement culminated in the formation of the Dominion of India on 15 August 1947, along with the Dominion of Pakistan. 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. It contained the founding principles of the law of the land which would govern India after its independence from British rule. On the day the constitution came into effect, India ceased to be a dominion of the British Crown.The indian constitution is the world's biggest constitution. At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules.
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Evolution of the Constitution Acts of British Parliament before 1935 After the Indian Rebellion of 1857, the British Parliament passed the Government of India Act 1858, which abolished the role of the East India Company in the government of India, and transferred British India to the direct rule of the Crown. The Act also established in England the office of the Secretary of State for India through whom Parliament would exercise its rule (along with a Council of India to aid him), as well as establishing the office of Viceroy of India (along with an Executive Council in India, consisting of high officials of the British Government). The Indian Councils Act 1861 provided for a Legislative Council consisting of the members of the Executive council and non-official members. The Indian Councils Act 1892 established provincial legislatures and increased the powers of the Legislative Council. Although these Acts increased the representation of Indians in the government, their power still remained limited. The Indian Councils Act 1909 and the Government of India Act 1919 further expanded participation of Indians in the government. Government of India Act 1935 The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India. Many key features of the constitution are directly taken from this Act: 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 provinces, are some of the provisions of the Act which are present in the Constitution of India. The Cabinet Mission Plan In 1946, British Prime Minister Clement Attlee formulated a cabinet mission to India to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership as well as provide India with independence under Dominion status in the Commonwealth of Nations.[6][7] The Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body. Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. The Constituent Assembly of India first met and began work on 9 December 1946.
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The mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir Stafford Cripps, President of the Board of Trade, and A. V. Alexander, the First Lord of the Admiralty. However, Lord Wavell, the Viceroy of India, did not participate. Indian Independence Act 1947 The Indian Independence Act, passed by the British Parliament on 18 July 1947, divided British India into two new independent states, India and Pakistan, which were to be dominions under the Commonwealth of Nations until they had each finished drafting and enacted a new constitution. The Constituent Assembly was divided into two for the separate states, with each new Assembly having sovereign powers transferred to it for the respective dominion. The Act also terminated British suzerainty over the princely states, each of which was left to decide whether to accede to one or other of the new dominions or to continue as independent states in their own right. However, in most cases the states were so dependent on central institutions that they were widely expected to accede to a dominion. When the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a sovereign democratic republic. 26 November 1949 is also known as National Law Day. Constituent Assembly 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, Kanaiyalal Munshi, Purushottam Mavalankar, Sandipkumar Patel, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like Alladi Krishnaswamy Iyer, B. R. Ambedkar, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijayalakshmi Pandit were important women members. The first temporary 2-day president of the Constituent Assembly was Dr Sachidanand
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Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly. The members of the Constituent Assembly met for the first time on 9 December 1946. The architects of Indias constitution, though drawing on many external sources, were most heavily influenced by the British model of parliamentary democracy. In addition, a number of principles were adopted from the Constitution of the United States of America, including the separation of powers among the major branches of government, the establishment of a supreme court, and the adoption, albeit in modified form, of a federal structure (a constitutional division of power between the Union (central) government and state governments) The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution.[5] After many deliberations and some modifications over 111 plenary sessions in 114 days, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India.Rs. 63,96,273 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment.
Structure The Constitution, in its current form (March 2011), consists of a preamble, 25 parts containing 450 [Note 1]articles, 12 schedules, 2 appendices[10] and 97 amendments to date (latest being related to co-operative societies in 2012).[9] Although it is federal in nature it also has a strong unitary bias. Schedules Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.
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First Schedule (Articles 1 and 4)- This lists the states and territories of India, lists any changes to their borders and the laws used to make that change. Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)- This lists the salaries of officials holding public office, judges, and Comptroller and AuditorGeneral of India. Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219)Forms of Oaths This lists the oaths of offices for elected officials and judges. Fourth Schedule (Articles 4 and 80) This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. Fifth Schedule (Article 244) This provides for the administration and control of Scheduled Areas[Note 2] and Scheduled Tribes[Note 3] (areas and tribes needing special protection due to disadvantageous conditions). Sixth Schedule (Articles 244 and 275) Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Seventh Schedule (Article 246)The union (central government), state, and concurrent lists of responsibilities. Eighth Schedule (Articles 344 and 351)The official languages. Ninth Schedule (Article 31-B) Articles mentioned here are immune from judicial review. Tenth Schedule (Articles 102 and 191)"Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-G)Panchayat Raj (rural local government). Twelfth Schedule (Article 243-W)Municipalities (urban local government).
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Education System
Education system in India Education provides by public sector as well as private sector Funds come from three levels federal ,state , local. The Nalanda University was the oldest university-system of education in the world Western education Increasing primary education attendance rate and expanding literacy to two thirds of the population. India's improved education system is often cited as main contribution to economic rise Constitution Amendments Amend 335 Sept 8th 2000, Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates. Amend articles 45 and 51A.Insert article 21A,12 December 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six. Amend article 15,20th Jan 2006, to enable provision of reservation for other backward classes (OBC) in government as well as private educational institutions. Article 29,Right to education act 2010 .
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Facts of Indian literacy
30% of population illiterate through out world is from India. 2011 India's literacy rate has recorded 9.2% rise to reach 74.04% Males literacy rose 6.9%(82.14) Females literacy rose 11.8%(65.46) 15%of students population reach high school and just 7% got graduate Private education 5%
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Schemes
Mid day meal scheme -1960s Sarva Siksha Abhiyan Navodaya vidyalaya system National literacy mission Integrated education for disabled children scheme National knowledge commission Kasturba gandhi balika vidyalaya
BHIKSHA NAHI SHIKSHA CHAHIYEN 80,43,889 Children aged between 6 & 14 Years do not Go to School. 1,48,696 Government Schools are run Without a Building. 1,14,531 Primary Schools have a Single Teacher. 1,68,742 Schools do not have a Drinking Water. 4,55,561 Schools do not have Toilet.
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RESERVATION
Reservation in India- 50% OBC- 27.5% SC-15% ST- 7.5%
Womens reservation 33%
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Women Rights
RIGHTS OF WOMEN IN INDIAN CONSTITUTION The principle of Gender Equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at womens advancement in different spheres. The status of women in India has been subject to many great changes over the past few millennia. From equal status with men in ancient times through the low points of the medieval period,to the promotion of equal rights by many reformers, the history of women in India has been eventful. In modern India, women have adorned high offices in India including that of the President, Prime minister ,Speaker of the Lok Sabah and Leader of the Opposition.
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The Constitutional Privileges Equality before law for women (Article 14) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15(i) The State to make any special provision in favour of women and children (Article 15 (3)) Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16) The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42) The State to raise the level of nutrition and the standard of living of its people (Article 47) Legal Provisions Although women may be victims of any of the crimes such as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women, are characterized as 'Crime against Women'. Police records show high incidence of crimes against women in India. The National Crime Records Bureau reported in 1998 that the growth rate of crimes against women would be higher than the population growth rate by 2010.Earlier, many cases were not registered with the police due to the social stigma attached to rape and molestation cases. Official statistics show that there has been a dramatic increase in the number of reported crimes against women.
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These are broadly classified under two categories. The Crimes Identified Under the Indian Penal Code (IPC). The Crimes identified under the Special Laws (SLL).
(1) The Crimes Identified Under the Indian Penal Code (IPC) Rape (Sec. 376 IPC) Kidnapping & Abduction for different purposes ( Sec. 363-373) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) Torture, both mental and physical (Sec. 498-A IPC) Molestation (Sec. 354 IPC) Sexual Harassment (Sec. 509 IPC) Importation of girls (up to 21 years of age).
2) The Crimes identified under the Special Laws (SLL) The Family Courts Act, 1954 Dowry Prohibition Act, 1961 The Special Marriage Act, 1954 The Hindu Marriage Act, 1955 The Maternity Benefit Act, 1961 (Amended in 1995) Immoral Traffic (Prevention) Act, 1956
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Special Initiatives for Women
National Commission for Women This Statutory body studies and monitors all matters related to constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary. Reservation for Women in Local Self -Government It ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas. The National Plan of Action for the Girl Child (1991-2000) The plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child. National Policy for the Empowerment of Women, 2001 The goal of this policy is to bring about the advancement, development and empowerment of women.
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Indian Judiciary Chapter IV part V of the Indian Constitution Indian Judiciary is an integrated system formed on the basis of British Legal systems which were prevalent during pre independence era. The Indian Judiciary is organized in a hierarchical form with the Nayaya panchayats at the bottom and the Supreme court at the apex. In between we have the district and high courts. Indian Judiciary is independent and non-Partisan. Judiciary has two main functions preservation of Constitutional and legal rights. The judiciary has to apply equal law to all the citizens of India irrespective of caste, creed, wealth, gender and religion Why and where is the Judiciary failing. Very few amendments have been made so far. Indian judiciary has become a decaying institution that has no internal mechanisms or will or strength to adapt to the changing times. Procedures in Indian courts have not changed much during the post-independence period. The pre-independence practice of humiliation of the natives at the courts continues till today Is the constitution responsible Indian courts are becoming graveyards of justice instead of being temples of justice. Nose-in-the-air attitude. The absence of any relationship between the judiciary and the academic community has weakened both institutions in India. No Room for fresh ideas. The virtual collapse of judicial system in India can be seen in the extra-ordinary time taken for settlement of any case and the large number of cases pending before the courts at all levels.
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Is The constitution Responsible The poor judicial system has attracted world wide attention
The Reform Process The appointment of a Commission to carry out a review of the Constitution must be viewed in the light of the above scenario. It will be the greatest folly to let members of a sick institution that derives strength from its imperial past and feels proud in humiliating the citizens of the country is allowed to have any say in the review of the Judicial System. Corruption As with many developing nations, corruption is widespread in India. Political, bureaucratic, corporate and individual corruption in India are major concerns A recent study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices successfully Corruption has taken the role of a persistent aspect of Indian politics Corruption In Politics Criminalization of Indian politics is a main problem. In July 2008 Washington Times reported that nearly a fourth of the 540 Indian Parliament members faced criminal charges, "including human trafficking, immigration rackets, embezzlement, rape and even murder". At state level, things are often worse.
Corruption In administration Officials often steal state property. In Bihar, more than 80% of the subsidized food aid to poor is stolen. In Government Hospitals, corruption is associated with non availability of medicines (or duplicate medicines), getting admission and consultations with doctors.
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Jan Lokpal Bill An institution called LOKPAL at the center and LOKAYUKTA in each state will be set up. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. The loss that a corrupt person caused to the government will be recovered at the time of conviction. If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption Secularism Right to Freedom of Religion: Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of religion are clearly enumerated in this Article Article 26: The Article specifies the Freedom to manage religious affairs Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in the Article Article 28: This Article includes Freedom as to attendance at religious instruction or religious worship in certain education institutions.
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Right against exploitation: Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in this Article . Article 24: The Article contains Prohibition of employment of children in factories, etc.
Right to Freedom: Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the Article Article 20: This Article states the Protection in respect of conviction for offenses Article 21: Protection of life and personal liberty is mentioned in the Article Article 22: This Article deals with Protection against arrest and detention in certain cases
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Shashi Prashad Kidnapping And Murder Case
Anand Sen Yadav is an Indian criminal-politician from the Bahujan Samaj Party, currently representing the Milkipur constituency in the Uttar Pradesh legislative assembly. He was a Minister in Mayawati's cabinet, but resigned after being arrested for the murder of Shashi Prasad, a woman with whom he may have been having an affair in Faizabad.
He is the son of Mitra Sen Yadav, a gangster who joined Mayawati's Bahujan Samaj Party and became Member of the 14th Lok Sabha from Faizabad. Mitra Sen Yadav is currently being investigated in the human trafficking scam along with Babulal Katara. Anand first won the 2002 elections from Milkipur, with the Samajwadi Party. However, he lost the Indian general elections, 2004 by 30,000 votes.Meanwhile, he had been indicted in more than ten criminal cases including murder, assault, and extortion, and fought the Uttar Pradesh state assembly elections, 2007 from jail. He won from Milkipur, and was appointed Minister of State for food processing in Mayawati's cabinet.
However, he was in jail during the swearing-in ceremony, and a court refused him leave since he was there on "serious criminal charges" (kidnapping and murder). Eventually, a second ceremony was held for him.Shashi Prasad Kidnapping case Shashi Prasad, 24 year old daughter of BSP party worker Yogendra Prasad and a third-year law student, apparently had a relationship with Anand Sen and may have become pregnant. She may have been pressing him to marry her. On October 22, 2007, she went missing after having been seen with Anand Sen's driver, Vijay Sen, who is also a relative of Anand Sen.
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When Shashi's father Yogendra Prasad went to the police naming Anand Sen for kidnapping Sashi, the police refused to take cognizance of the case. It was only a few weeks later, after Samajwadi Party supremo Mulayam Singh Yadav brought up the case in the state legislature, that a police case was filed. Owing to Anand Sen's clout with the state police, the case was sought to be investigated by the Central Bureau of Investigation, but this did not happen.During the investigation, Vijay Sen apparently confessed that Shashi was strangulated by Bullan Yadav, a criminal from Sultanpur. Later, he pushed her body off a bridge into the Gomti river. However, Vijaysen has also made conflicting statements.Based on this confession, the river was searched and though her body could not be found, a wrist watch, identified as belonging to her, was recovered from the river.Anand Sen was forced to resign his ministerial position, and after some months on the run, he was arrested in 2008. Recently, Yogendra Prasad has moved the Supreme Court of India claiming that material evidence has been destroyed by the state police and that the case be handed over to the CBI.
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Is Indian Constitution Obsolete

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IIPM 2012

National Economics Programming Project