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Chapter-10 Constitution

The Constitution of India, effective from January 26, 1950, is a comprehensive document that outlines the nation's fundamental principles, laws, and the structure of government, including the roles of the legislature, executive, and judiciary. It was drafted by a Constituent Assembly led by Dr. B.R. Ambedkar and incorporates influences from various countries while reflecting India's unique cultural heritage and democratic values. The Constitution is considered a living document, adaptable to societal changes, and emphasizes justice, liberty, equality, and fraternity as core ideals.

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0% found this document useful (0 votes)
18 views16 pages

Chapter-10 Constitution

The Constitution of India, effective from January 26, 1950, is a comprehensive document that outlines the nation's fundamental principles, laws, and the structure of government, including the roles of the legislature, executive, and judiciary. It was drafted by a Constituent Assembly led by Dr. B.R. Ambedkar and incorporates influences from various countries while reflecting India's unique cultural heritage and democratic values. The Constitution is considered a living document, adaptable to societal changes, and emphasizes justice, liberty, equality, and fraternity as core ideals.

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netflixagrawal48
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Chapter-10

The Constitution of India- An


Introduction

POINTS TO REMEMBER

 When we talk about constitution we first


have to understand, what is
constitution? So, Constitution is a
document that spells out a nation’s
basic principles and laws.
 In short, the basic laws and principles of
a nation is written in the constitution.
Constitution came into effect on 26
January 1950 when we celebrate our
republic day.
 This book defines the three functions of
Government- Legislature, Executive and
the last judiciary.
 This book also includes the rights and
duties of citizens, Fairness and
responsibilities of government and etc…
 A constitution lays down the procedure
of law-making means how the laws and
rules are and how should we follow it.
 The main thing written in constitution is
it define the nature of government, how
the government is, the functions of
government, the procedure and posts of
government, procedure of how the
government works.
 The task of writing our India
constitution was given to a constituent
assembly, this constituent assembly
was formed on 9 December 1946 under
presidency of Dr. Sachidananda Sinha.
He was the first provisional president of
constituent assembly. But he was not
the permanent and final one, he was
elected on a temporary basis only.
 After Dr. Sachidananda Sinha, the
assembly elected Dr. Rajendra prasad to
take over the constituent assembly. The
rules should be written in constitution
were decided in different conferences
and a proper discussion among 299
members with 15 females that was after
partition of India and Pakistan in
1947(Before 389).
 The assembly elected Dr. Rajendra
prasad as a permanent First and last
president of Constituent assembly. He
was none other but one and only our
first president of India from 1950 till
1962.
 Now to draft the constitution under
constituent assembly one drafting
committee formed:
Formed on 29 August 1947 (after
Partition).
i. It had 7 members in total.
ii. Dr. B.R. Ambedkar was elected as
the Chairman.
iii. Main work: prepare and draft the
Constitution of India.
iv. Part of the Constituent Assembly
and worked under it.
v. Submitted the final draft in February
1948 and revised drafts later.
 The final version of the Constitution was
completed and adopted on
26 November 1949.
 Step 3: Constitution came into force
 It came into effect on 26 January 1950,
that’s why 26 January is celebrated as
Republic Day.
Ques.) How the constitution was copied
and pasted from across the world and
how it became the world longest
constitution?
Ans. 🇬🇧 From Britain (UK)
 Parliamentary system
 Rule of Law
 Single citizenship
 Cabinet system
 Concept of Speaker & procedures of
Parliament
🇺🇸 From the USA
 Fundamental Rights
 Supreme Court structure
 Impeachment of President
 Vice President’s role
 Judicial Review
🇨🇦 From Canada
 Federal system with strong Centre
 Residual powers to Centre
🇮🇪 From Ireland
 Directive Principles of State Policy (DPSP)
 Election of President
🇦🇺 From Australia
 Concurrent list
 Trade and commerce rules
🇷🇺 From USSR (now Russia)
 Fundamental Duties
 Five-year plans
🇫🇷 From France
 Liberty, Equality, Fraternity (the slogan)
🇩🇪 From Germany
 Emergency powers
 Suspension of rights during emergency
🇿🇦 From South Africa
 Procedure of Constitutional amendments
 Election of Rajya Sabha members

India’s Constitution is basically the world’s


biggest collab project
We took the best features from different
countries and made our own giant, original
Constitution — the longest written Constitution
in the world.
Question and answer (More than notes for
understanding)

1. What is preamble in constitution


of India?
Ans.) The Preamble is the opening
statement of the Constitution that
explains its purpose, philosophy, and
the basic ideals on which India is built.
2. Explain parliament in short.
Ans.) Parliament is India’s highest law-
making body. It has two houses — the
Lok Sabha and the Rajya Sabha — plus
the President.
It makes laws, controls the government,
and represents the people of India.
3. Explain parliament in brief.
Ans.)
Parliament is the supreme law-making
body of India and consists of the Lok
Sabha, Rajya Sabha, and the President.
It makes laws, discusses national
issues, and keeps a check on the
functioning of the government. It
controls finances by passing the budget
and represents the people through their
elected leaders.
4. Explain the functions written in
preamble.
Ans.) Justice – The Preamble ensures
social, economic, and political justice for
all people. Liberty – It gives freedom of
thought, expression, belief, faith, and
worship. Equality – It promises equal
status and equal opportunities for every
citizen. Fraternity – It promotes
brotherhood, unity, and harmony in the
nation. It also defines India as a
sovereign, socialist, secular, democratic,
republic nation.

 Constitution of India is a Living


Document – Explanation with Examples
The Constitution of India is called a living
document because it can change, grow, and
adapt to the needs of society. It is not fixed
or rigid like a static document.
Examples to support this:
The Constitution has been amended many
times to update laws and rights.
Example: The 73rd and 74th Amendments
created Panchayati Raj and strengthened
local governments.
New rights have been added over time.
Example: Right to Education (RTE) was
added by the 86th Amendment.
Supreme Court interpretations keep
evolving.
Example: The Court declared Right to
Privacy as a Fundamental Right in 2017,
even though it was not written originally.
These changes show that the Constitution
grows with time, which is why it is called a
living document.
. Introduction
The Constitution of India is the supreme
law of the land, laying down the
framework for the governance of the
country. It ensures that India functions as
a democratic republic and safeguards the
rights of its citizens. Every citizen and
important official—such as the President,
Prime Minister, ministers, and judges—
pledge to uphold and follow the
Constitution.
The Constitution lays out:
 The framework of the three organs of
government—legislature, executive, and
judiciary.
 Checks and balances among these
organs to maintain fairness,
accountability, and responsibility.
 The rights and duties of citizens.
 The long-term goals and aspirations of
the nation.
Just as a rulebook in a game resolves
disputes and ensures fairness, the
Constitution serves as the “rulebook” of
India, providing clarity and guidance for
governance.
2. Formation of the Constitution
 After independence, it was necessary to
plan how India would govern itself.
 Questions included:
o What type of government should
India have?
o Who should have the right to vote?
o How would disputes be settled?
o What rules and principles should
guide the country?
Constituent Assembly:
 Formed in 1946 with 389 members, later
reduced to 299 after Partition.
 15 women were part of the Assembly.
 Members represented diverse regions,
social groups, and professions.
 Dr. Rajendra Prasad was the Chairman.
 Dr. B.R. Ambedkar chaired the Drafting
Committee that prepared the initial
text.
Timeline:
 Constituent Assembly formed: 9
December 1946
 Constitution completed: 26 November
1949
 Constitution adopted and enforced: 26
January 1950 → celebrated as Republic
Day

3. Influences on the Constitution


The Indian Constitution was shaped by
multiple influences:
a) Indian Freedom Movement:
 Many leaders of the freedom struggle
were members of the Constituent
Assembly.
 Values from the movement included:
o Equality of all
o Justice for all
o Freedom
o Fraternity
o Preservation of India’s cultural
heritage
 The Constitution became a tool to
achieve these values.
b) India’s Civilisational Heritage:
 Ancient governance ideas such as
janapadas, sanghas, councils, Kautilya’s
saptānga, and rajadharma influenced
the Constitution.
 Emphasis on citizens’ duties and roles in
governance led to the inclusion of
Fundamental Duties.
 Cultural principles like acceptance of
different viewpoints, respect for nature
and women, pursuit of knowledge,
vasudhaiva kutumbakam (“the world is
one family”), and sarve bhavantu
sukhinah (well-being of all) are
embedded in the Constitution.
c) Learnings from Other Countries:
 France: Liberty, equality, fraternity
 Ireland: Directive Principles of State
Policy (DPSPs)
 USA: Independent judiciary
 UK, Australia, and others: Useful
democratic practices
This blending of Indian tradition and
global democratic practices helped create
a Constitution suitable for India’s unique
context.

4. Key Features of the Constitution


1. Three Organs of Government:
o Legislature: Makes laws.
o Executive: Implements laws (headed
by the Prime Minister at the Centre).
o Judiciary: Ensures laws comply with
the Constitution and decides
punishments.
2. Separation of Powers: Maintains
checks and balances among legislature,
executive, and judiciary.
3. Three-Tier System of Government:
o Central (Union) Government
o State Governments
o Local Governments (Panchayati Raj
System)
4. Roles and Responsibilities:
o Constitution clearly defines the
duties, functions, and accountability
of each organ.
o Electoral system ensures every
eligible citizen can vote.
5. Fundamental Rights:
o Legal guarantees that can be
enforced in court.
o Protect citizens from unfair
treatment based on caste, religion,
gender, or other factors.
6. Directive Principles of State Policy
(DPSPs):
o Non-justiciable guidelines for the
government to improve social and
economic conditions.
o Examples include providing a good
standard of living for all citizens.
o DPSPs are goals rather than
enforceable laws.
7. Fundamental Duties:
o Duties expected of every citizen to
respect the Constitution and
contribute to nation-building.

5. Living Constitution
 The Constitution is a living document; it
can be amended to meet the changing
needs of society.
 Example amendments:
o Fundamental Duties (Part IV-A):
Added in 1976
o Panchayati Raj System: Added in
1992 through the 73rd Amendment
 Citizens can influence changes through
courts or popular movements:
o In 2004, the Supreme Court
recognized flying the national flag at
home as part of the Fundamental
Right to Freedom of Expression.
 The Constitution is also an artistic
masterpiece:
o Text hand-written by Prem Behari
Narain Raizada
o Illustrations by Nandalal Bose depict
India’s history, from Mohenjo-daro to
the freedom struggle

6. Preamble: The Guiding Values


The Preamble is the essence of the
Constitution and outlines its core values:
 We, the People of India: The
Constitution is created by the people,
not handed down by rulers.
 Sovereign: India has supreme authority
over its internal and external matters.
 Republic: The head of state is elected,
not hereditary.
 Justice: Social, economic, and political
justice for all citizens.
 Liberty: Freedom of thought,
expression, belief, and action.
 Equality: Equal treatment under law;
elimination of social inequalities.
 Fraternity: Promotes unity, harmony,
and a sense of brotherhood among all
citizens.
 Socialist: Wealth is generated
collectively and should be shared;
government regulates resources to
reduce inequalities.
 Secular: Freedom of religion for all; no
official religion.
 Democratic: People elect rulers and hold
them accountable through free
elections.
(Note: “Socialist” and “Secular” were
added through the 42nd Amendment in
1976.)
The Preamble acts as a compass for
governance, guiding laws, policies, and
citizens’ duties.

7. Summary
 The Constitution ensures justice, liberty,
equality, and fraternity in India.
 It balances immediate rights
(Fundamental Rights) with long-term
goals (Directive Principles).
 It reflects India’s cultural heritage, the
ideals of the freedom struggle, and
lessons from other democracies.
 As a living document, it can evolve to
meet the needs of a changing society
while protecting citizens’ rights.
 The Preamble summarizes the
Constitution’s values and vision for
India.

Common questions

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The concept of 'The World is One Family,' or vasudhaiva kutumbakam, has significantly influenced the Indian Constitution’s content and structure by embedding universal brotherhood, inclusivity, and harmonious coexistence . This principle reflects in the emphasis on Fundamental Duties, encouraging citizens to foster harmony and values that promote the common good . It resonates in the Preamble, which advocates fraternity among individuals and embodies the secular and democratic ideals that support unity in diversity . These cultural values underscore policies intended to eliminate social inequalities and promote social and economic welfare, aligning with the Directive Principles of State Policy . This culturally-driven ideology ensures that Indian constitutional laws and governance honor internal diversity while promoting global citizenship and unity .

The Indian Constitution is a compilation of diverse features from various global systems while maintaining its unique identity. It adopted the Parliamentary system, rule of law, and single citizenship from Britain . From the USA, it embraced the concept of Fundamental Rights, the structure of the Supreme Court, and judicial review . Canada influenced its federal system with a strong central government . From Ireland came the Directive Principles of State Policy (DPSPs). Additionally, the Constitution integrated liberty, equality, and fraternity from France . These elements harmonize with India's cultural principles like vasudhaiva kutumbakam (“the world is one family”), sarve bhavantu sukhinah (well-being of all), and the historic concepts of janapadas and rajadharma . This fusion allowed India to adopt systems suitable for its distinct needs while respecting its traditional values.

The design and significance of the Preamble in the Indian Constitution lie in its role as a succinct declaration of the Constitution’s goals and guiding principles . The Preamble encapsulates fundamental values such as justice, liberty, equality, and fraternity, reflecting the aspirations of the Indian population post-independence . The formulation of principles like secularism, socialism, and democratic republic provides the philosophical and ethical framework for governance . As both a symbolic and operative prelude, the Preamble is pivotal in interpreting the Constitution's provisions and serves as a compass for legislation and policy-making . Notably, terms "Socialist" and "Secular" were added by the 42nd Amendment to emphasize these objectives further, showcasing its dynamic nature as a guiding tool . Thus, it holds profound significance in aligning governmental functions with the ideals of building an equitable and harmonious society .

The Constituent Assembly played a pivotal role in shaping the identity of independent India by drafting a Constitution that laid the foundation for a democratic, secular, and sovereign nation . Comprising 299 members post-partition, the Assembly represented a broad spectrum of Indian society, including diverse social groups and professions . Chaired by Dr. Rajendra Prasad and with Dr. B.R. Ambedkar leading the Drafting Committee, the Assembly embedded values from the Indian freedom movement—such as justice, equality, and fraternity—into the Constitution . Incorporating both ancient Indian governance ideals and global democratic principles, the Assembly designed a framework that was uniquely suited to India's context, ensuring citizen rights and responsibilities while guiding governance through checks and balances . This comprehensive drafting process forged a national identity focused on unity, democratic values, and socio-economic justice .

Characterizing the Constitution of India as a 'living document' implies that it possesses the flexibility to evolve and respond to the changing needs and challenges of society . This adaptability is evident through regular amendments, such as the introduction of the 73rd and 74th Amendments for local governance and the Right to Education by the 86th Amendment . The Supreme Court’s interpretations further underscore this dynamic nature, exemplified by the recognition of the Right to Privacy as a Fundamental Right in 2017 . The Constitution's evolving nature allows for continual refinement of legal principles and governance structures, ensuring that they remain relevant and effective. This adaptability is vital as it permits the system to reflect contemporary societal values and address new issues while safeguarding fundamental ideals like justice, liberty, and equality .

The constitution-making process effectively addressed the diversity of regions and social groups in India by involving a broad representation of these groups in the Constituent Assembly . Post-Partition, the Assembly included 299 members representing diverse regions, social backgrounds, and professions, ensuring comprehensive input in drafting the Constitution . The inclusion of 15 women and leaders from various communities reflected a commitment to gender and social inclusivity . This diverse representation resulted in a Constitution that not only enshrines Fundamental Rights to protect individual liberties and prevent discrimination but also includes Directive Principles aimed at promoting social and economic welfare across all demographics . By recognizing the unique needs and aspirations of different groups, the Constitution fosters national integration, balance, and equity .

Fundamental Rights under the Indian Constitution are designed to protect citizens from discrimination and ensure justice by guaranteeing equality before the law and prohibiting discrimination based on religion, race, caste, sex, or place of birth . These rights, which include the Right to Equality, Right to Freedom, Right against Exploitation, and Right to Religious Freedom, are legally enforceable, allowing individuals to seek judicial redress in cases of violation . The judiciary plays a crucial role in upholding these rights, providing checks on state power and safeguarding individual freedoms . Besides, these rights promote social justice by enabling affirmative action to uplift disadvantaged communities, thereby fostering an equitable society . Thus, Fundamental Rights not only serve as protective shields against injustice but also empower citizens to achieve their full potential within a democratic framework .

The Indian Constitution sustains the principle of separation of powers through distinct and defined roles for the three branches of government: the legislature, executive, and judiciary . The legislature is primarily responsible for making laws, the executive implements them, and the judiciary interprets the laws and ensures compliance with the Constitution . Mechanisms like checks and balances are embedded, allowing each branch to monitor and regulate the others, preventing any single branch from exerting unchecked power . For instance, the judiciary can review legislative acts, and the executive is accountable to the legislature, ensuring accountability and reducing the risk of absolutism . While India follows a parliamentary system with some overlap in functions, such as executive members being part of the legislature, these constitutional provisions maintain a functional separation and promote democratic governance .

The Indian Constitution achieves a balance between individual rights and societal goals through its provisions on Fundamental Rights and Directive Principles of State Policy (DPSPs). Fundamental Rights safeguard individual liberties against state interference and discrimination, ensuring justice and equality . These rights are legally enforceable, allowing citizens to seek judicial redress . In contrast, DPSPs, inspired by Ireland, serve as non-justiciable guidelines aimed at promoting social and economic welfare, such as ensuring adequate living conditions and equitable distribution of resources . This balance is crucial to maintaining democratic freedoms and addressing broader socio-economic needs. While Fundamental Rights ensure personal liberty and dignity, DPSPs direct state policy toward achieving collective welfare, ensuring no segment of the population is left marginalized, thus strengthening social cohesion and national unity .

The Directive Principles of State Policy (DPSPs) significantly impact Indian governance by providing broad policy guidelines aimed at achieving social and economic welfare . Though not legally enforceable in court, DPSPs act as vital instruments of governance, directing government actions towards creating a just society . For instance, they encourage policies to reduce income inequality and ensure citizens' right to work and education, influencing legislation since independence . DPSPs have guided substantial policy objectives like establishing a welfare state, reducing poverty, and promoting education and public health. They serve as benchmarks for assessing government performance and inform the basis of legislative and executive measures to fulfill the Constitution's aims of promoting social justice and equity . This ensures that state policies remain aligned with the social and economic rights of the citizens, reflecting the vision of inclusive development .

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