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Amistad: India-Chile Quarterly Newsletter of Embassy of India, Santiago I S S U E

Republic Day 2016 and 125th Anniversary of Dr. B. R. Ambedkar To mark the 67th year of the adopton of the Constitution of India, the Embassy of India celebrated the Republic Day with a flag hoisting ceremony in the morning and a reception in the evening. This year’s celebration were particularly special as they coincided with the 125th Anniversary of the Father of the Indian Constitution Dr. B. R. Ambedkar. The reception was attended by Ambassadors, Diplomatic community, Government officials, Parliamentarians, Businessmen, Media and Representatives of the Indian diaspora.

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‘Of the people, for the people and by the people’ The Indian Constitution, the longest of any sovereign nation in the world, provides a comprehensive framework to guide and govern the country, keeping in view her social, cultural and religious diversity. A distinctive document with many extraordinary features, the Constitution of India is the longest written constitution of any sovereign nation in the world. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. It came into effect on January 26, 1950, the day that India celebrates each year as the Republic Day. The number of articles has since increased to 448 due to 100 amendments. The Constitution was framed by the Constituent Assembly of India, established by the members of the provincial assemblies elected by the people of India. Dr Sachidanand Sinha was the first

president of the Constituent Assembly. Later, Dr Rajendra Prasad was elected its president. Dr BR Ambedkar, the chairman of its Drafting Committee, is considered the chief architect of

Dr. B. R. Ambedkar the Indian Constitution which provides a comprehensive and dynamic framework to guide and govern the country, keeping in view her unique social, cultural and religious diversity. It establishes the main organs – executive, legislature and judiciary, defining their powers, demarcat-

by .- Sumant Batra ing their responsibilities and regulating the inter-se relationship. It inter alia lays down the basic structure of governance and the relationship between the government and the people. The rights and duties of citizens are also spelt out. The Constitution applies to the state of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (application to Jammu and Kashmir) Order, 1954. It is the mother of all other laws of the country. Every law enacted by the Government has to be in conformity with the Constitution. The preamble to the Constitution declares India to be a Sovereign Socialist Secular Democratic Republic and a welfare state committed to secure justice, liberty and equality for the people and for promoting fraternity, dignity of the individual and unity

Republic Day Celebrations

Ambassador Reading out the President’s message


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Of the people, for the people and by the people Continued from Page 1

The success of the Indian Constitution, for a country as diverse and complex as India, continues to intrigue, impress and inspire experts around the world.

and integrity of the nation. The objectives specified in the preamble constitute the basic structure of the Indian Constitution which cannot be amended. The opening and last sentences of the preamble: “We, the people... adopt, enact and give to ourselves this Constitution� signifies the power is ultimately vested in the hands of the people. Although Article 1 of the Constitution says India shall be a Union of States, the Constitution provides for a federal structure with clear division of powers between the Centre and the states, each empowered by the Constitution to enact and legislate within their sphere of activity. The seventh schedule contains three legislative lists which enumerate subjects of administration viz union, state and concurrent legislative lists. The Central Government enjoys exclusive power to legislate on the subjects mentioned in the Union list. The state governments have full authority to legislate on the subjects of the state list. And both the Centre and the state can legislate on the subjects mentioned in the concurrent list with the residuary powers vested in the Central Government. It can be said that India has cooperative federalism. The Constitution provides for the Parliamentary form of Government with a bicameral legislature at the Centre consisting of Lok Sabha (Lower House of Parliament) and Rajya Sabha (Upper House of Parliament).While the Lok Sabha consists of the elected representatives of people, the Rajya Sabha consists of representatives elected by the state legislative assemblies. The President is the nominal head of the state and the Parliament. In actual practice, the Prime Minister, aided by the Council of Ministers, heads the executive and is responsible for governance. An impartial judiciary, independent of the legislature and the executive, is one

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of the main features of the Constitution. The Supreme Court of India is the highest court of the country and acts as guardian of the Constitution and serves as the final court of appeal. Each state has a High Court as its highest court. Under powers of judicial review, the Supreme Court and High Court can declare a law as unconstitutional or ultra vires if it contravenes any provisions of the Constitution. This power of judicial review constitutes a middle path between the American judicial supremacy on one hand and British Parliamentary supremacy on the other. In order to ensure the impartiality of the judiciary, the judges are appointed by a process free of influence of the executive. The judges can only be removed by a rigorous process of impeachment to be approved by both the houses of the Parliament. The Constitution vests many fundamental rights in citizens. These are (i) Right to Equality, (ii) Right to Freedom, (iii) Right against Exploitation, (iv) Right to Freedom of Religion, v) Cultural and Educational Rights and vi) Right to Constitutional Remedies. These rights are justiciable and an individual can move the Supreme Court or the High Courts if there is an encroachment on any of these rights. However, Fundamental Rights in India are not absolute. Reasonable restrictions can be imposed. By 42nd Amendment in 1976, fundaments duties were added in the Constitution to remind people that while enjoying their right as citizens, they should perform their duties for rights and duties are correla-

tive. Another novel feature of the Constitution is that it contains a chapter on the directive principles of state policy, that are in the nature of directives to the Government to implement them for establishing social and economic democracy in the country. Though not justiciable, these principles are considered fundamental in the governance of the country. There are many autonomous institutions set up under the Constitution which perform a key role, such as, Election Commission (responsible for holding free and fair elections), Public Service Commission (responsible for selection to main government services) and an Auditor General (for independent audit of accounts of the government and its agencies). One of the strengths of the Constitution is that it is a dynamic instrument that can evolve with time either by its interpretation or amendment. On paper, an amendment to the Constitution is a difficult affair, and normally needs, at least, two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, the Constitution of India is one of the most frequently amended constitutions in the world so as not to stand in the way of the growth and development of the nation and her people. The success of the Indian Constitution, for a country as diverse and complex as India, continues to intrigue, impress and inspire experts around the world.


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EXPO India 2016 Expo India would be organized from March 2-6, 2016 in association with the Indian Trade Promotion Orgainisation (ITPO) and more than 90 companies would be participating in the event. The event would be held at Estacion Mopocho in the heart of Santiago and

would have exhibitors of Indian handicrafts, textiles, dresses, furniture, art, food and many more. The cultural program of various dancers and musicians would be an integral component of EXPO INDIA. The first edition of EXPO INDIA held in March 2015 received more than

55,000 visitors. This year more numbers are expected.

Constitution Day Speech by the Amassador

Lecture on Dr. B. R. Ambedkar To start off the 125th Birth Anniversary Celebrations of Dr. B. R. Ambedkar, a lecture would be organized for Mr. Agustin Paniker Vilaplana in Santiago. Mr. Augustin is the writer of numerous books such

as El Jainismo. Historia, socieda, filosofia y práctica, El sueño de Shitala. Mr. Augustin will be talking about his latest book La sociedad de castas, Religion y política en la India. He would be elabora-

ting on the contribuition of Dr. B.R. Ambedkar in building the modern society of today.

Constitution Day Celebration On 26 November, 2015, the constitution day was celebrated in Santiago, with the Ambassador of India delivering a lecture on the constitution of India, its ideals and basic structure and its relevance

to India and the rest of the world. The lecture was attended by prominent Indians, Chileans and representatives of the media.

AEPC meet A Buyer Seller meet would be organized by the Mission for the Apparel Export Promotion Council of India on the 21-22 March, 2016.

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Attention All PIO card holders The last date for submission of the application for registration as OCI cardholder by

Embassy of India

the erstwhile PIO cardholders has been extend-

Alcantara 971, Las Condes

ed to 30 June, 2016.

PO Box 10433

The PIO cards will cease to be valid after 30

Santiago (56-2) 2228 4141 ph

June, 2016. All the interested parties may

(56-2) 2321 7217 fax

therefore approach the Mission at the earliest

info@embajadaindia.cl

so as to avoid any inconvenience during travel. The service to change from PIO cards to OCI

Follow us on :

cards is currently being offered gratis.

www.embajadaindia.cl www.facebook.com/IndiaInChile

Make in India week

The Prime Minister of India launched the Make in India week from 12-19 February, 2016. About 1,000 CEOs and 4,000 delegates representing 2,000 overseas

firms were in Mumbai at the event to showcase Make in India, which Prime Minister Narendra Modi presented as the biggest brand to emerge from the country. He said India was adding deregulation to its strengths of democracy, demography and demand, and promised to end retrospective taxation. The Industries Ministry has claimed that Rs.15.2-lakh crore worth of investments were committed at the event. These include some by

foreign firms such as Oracle (Rs.2,749 crore) and Ascendas (Rs.4,571 crore), but the list is dominated by Indian players making announcements to coincide with the occasion, including a Rs.6,204-crore project by public sector undertaking Rashtriya Chemicals and Fertilizers.

Amistad: India Chile Issue No 4 (English)  

Amistad, is a quarterly newsletter brought out by the Embassy of India, Santiago.

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