Chapter - 10 The Constitution of India — An Introduction
What Is a Constitution?
- A Constitution is a formal document that defines:
- The basic principles and laws of a nation.
- The structure of the three main organs of government:
- Legislature – makes laws.
- Executive – implements laws.
- Judiciary – interprets laws.
- The roles and responsibilities of these organs.
- The checks and balances to maintain fairness, prevent misuse of power, and ensure accountability.
- The rights and duties of citizens.
- The vision, goals, and values that guide the country's future (like democracy, justice, equality, etc.).
Why Do We Need a Constitution?
- We need a constitution to:
- Ensure equality and justice for everyone.
- Promote fraternity (brotherhood) and freedom.
- Respect pluralism (diverse cultures, religions, and communities).
- Set clear rules to protect citizens' rights and limit the power of the government.
- Provide a common framework for how the country is run.
- What Most Constitutions Contain:
- Preamble – Introduction that states the ideals and goals of the nation.
- Fundamental Rights – Basic rights guaranteed to all citizens.
- Directive Principles – Guidelines for the government to make policies in the future.
- Structure of Government – Powers, functions, and relations of legislature, executive, and judiciary.
- Citizen Duties – Responsibilities expected from citizens.
- Emergency Provisions – Special powers during national emergencies.
- Amendment Process – How the constitution can be changed.
- Elections and Representation – How leaders are chosen and represent the people.
Writing the Constitution of India
- Why was it needed?
- India was preparing for independence from British rule.
- Needed a framework for self-governance in a large, diverse country.
- Important questions to address:
- What type of government?
- What rules and principles to follow?
- Who gets voting rights?
- How to resolve disputes?
Formation of the Constituent Assembly
- Formed in 1946.
- Initially had 389 members, reduced to 299 after Partition.
- Included 15 women.
- Members represented India's regions, professions, and social groups.
Development of the Constitution
- Constituent Assembly was formed on 9 December 1946.
- Members were elected by provincial legislative assemblies.
- Dr. Rajendra Prasad was elected as Chairman of the Assembly.
- Work completed on 26 November 1949.
- Constitution adopted on 26 January 1950 – now celebrated as Republic Day.
Drafting Committee
- Drafting Committee prepared the first version of the Constitution.
- Dr. B.R. Ambedkar was the Chairman.
- He was a social reformer and first Law & Justice Minister of independent India.
What Shaped and Influenced the Indian Constitution?
1. Role of the Constituent Assembly:- The Constitution was written by the Constituent Assembly, but it was influenced by multiple sources.
2. Influence of the Indian Freedom Movement
- The freedom struggle deeply influenced the Constitution.
- Many leaders of the freedom movement were also members of the Constituent Assembly.
- Their ideas and ideals were reflected in the Constitution.
Values Derived from the Freedom Struggle:
- Equality for all
- Justice for all
- Freedom
- Fraternity (brotherhood)
- Cultural heritage of India
- Constitution as a tool to achieve these values
3. Influence of Other Countries
- The Constitution included useful features from other countries’ constitutions:
- Parliamentary system from the UK
- Fundamental Rights from the USA
- Directive Principles from Ireland
- Emergency provisions from Germany, etc.
4. Influence of India’s Civilisational Heritage and Culture
- Ancient Indian values and traditions shaped many ideas:
- Diversity of views accepted
- Nature as sacred
- Importance of education and knowledge
- Respect for women
- "Vasudhaiva Kutumbakam" – the world is one family
- "Sarve Bhavantu Sukhinah" – well-being of all beings
These cultural values are reflected in the spirit of the Constitution, even if written in modern language.
Learnings from Across the World
- Inspired by the Indian thought:
- "Ā no bhadrāḥ kratavo yantu viśwatah"
- (Let noble thoughts come to me from every side)
The Constitution of India was shaped by studying other democratic constitutions around the world:
Country What We Adopted
France Ideals of Liberty, Equality, Fraternity
USA Concept of an Independent Judiciary, Fundamental Rights
UK Parliamentary system, Rule of Law
Ireland Directive Principles of State Policy (DPSPs)
Australia Concurrent list (shared powers between Centre & States), language of the
Preamble
Features of the Indian Constitution
Separation of Powers
- Defines clear roles and responsibilities of:
- Legislature – Makes laws
- Executive – Implements laws
- Judiciary – Interprets laws
Universal Adult Franchise:- Every eligible citizen has the right to vote.
Fundamental Rights
- Basic rights guaranteed to all citizens (e.g., Right to Equality, Right to Freedom, etc.)
- Can be legally enforced in courts.
Directive Principles of State Policy (DPSPs)
- Non-enforceable, but guiding principles for governments to achieve social and economic justice.
- Meant to build a welfare state over time.
Fundamental Duties:- Moral obligations for citizens (e.g., respecting the Constitution, promoting harmony, protecting public property, etc.)
Checks and Balances:- Ensures accountability between the organs of government through a system of balance of power.
Flexibility & Adaptability:- Amendment provisions allow the Constitution to be updated as the country evolves.
The Constitution is a Living Document
Adaptability Over Time
- The Constitution was designed to evolve with time.
- Lawmakers understood that new challenges and needs would emerge in the future.
Amendments
- Changes to the Constitution are called amendments.
- Amendments are carefully debated in:
- Parliament
- Sometimes in state legislative assemblies
- Often involve public opinion and consultations
- Popular movements can also initiate changes.
Public Participation
- Citizens can share feedback on new laws or changes.
- Government creates platforms for public engagement.
Example of Amendment:- Part IV-A: Fundamental Duties was added in 1976 through an amendment (42nd Amendment Act).
Understanding the Preamble: The Guiding Values of the Constitution
What is the Preamble?
- The Preamble is the introduction to the Constitution.
- It captures the spirit, intentions, and goals of the Constitution.
Guiding Values in the Preamble
- Justice – Social, economic, and political
- Liberty – Of thought, expression, belief, faith, and worship
- Equality – Of status and opportunity
- Fraternity – Ensuring the dignity of the individual and the unity of the nation
- Sovereignty, Democracy, Secularism, and Republic
Citizens' Role
- Citizens are expected to follow and promote these values.
- These principles guide government policies and citizens' actions.
NCERT QUESTIONS:
1. "The Constituent Assembly had representatives from diverse backgrounds in India.” Why do you think it was important to have a diverse set of representatives from all over India?
Answer:- A diverse set of representatives in the Constituent Assembly was extremely important for several reasons:
- To represent all communities and regions of India.
- To include different viewpoints and experiences.
- To make the Constitution fair and balanced.
- To promote national unity and trust.
- To reflect India’s "unity in diversity".
- To create a strong, inclusive, and thoughtful Constitution.
2. Read the statements below carefully and identify which key features / values in the Constitution of India are reflected in each statement.
a. Sheena, Rajat, and Harsh are standing in a line. They are excited to cast their first vote in the general elections.
b. Radha, Imon, and Harpreet study in the same class in the same school.
c. Parents must make arrangements to ensure their children’s education.
d. People of all castes, genders, and religions can use the village well.
Answer:-
- Value Reflected: Universal Adult Franchise / Democracy
- Value Reflected: Equality
- Value Reflected: Fundamental Duty
- Value Reflected: Right to Equality / Social Justice / Fraternity
3. It is said that ‘All citizens in India are equal before the law’. Do you think this is a fact? If yes, why? If not, why not? Formulate your arguments.
Answer:-
Yes, it is a fact (In principle):
- Guaranteed by the Constitution – Article 14 of the Indian Constitution states that “The State shall not deny to any person equality before the law.”
- Same laws for all – Whether rich or poor, male or female, the same laws apply to everyone.
- Equal rights – Everyone has the right to vote, access education, and seek justice.
- Protection of Fundamental Rights – Citizens can go to court if their rights are violated.
Not always a fact (In reality):
- Wealth and Influence Matter – Sometimes, wealthy or powerful people get special treatment, like faster bail or lighter punishment.
- Social Discrimination – People still face caste, religion, or gender discrimination, especially in rural areas.
- Unequal Access to Justice – Poor or marginalized groups often can’t afford legal help or don't know their rights.
- Law enforcement is not always fair – In practice, bias and corruption can affect how laws are applied.
4. You have learnt that ‘India is the only country that provided universal adult franchise to its citizens from the beginning.’ Can you explain why India did it?
Answer:- India provide universal adult franchise from the beginning?
- Belief in Equality:- India wanted to treat all citizens as equal, regardless of caste, class, gender, or education.
- Democracy for All:- The leaders believed true democracy means every adult should have a say in choosing the government.
- Learning from the Freedom Struggle:- The Indian freedom movement involved people from all backgrounds, so giving all adults the right to vote honored their role.
- Unity in Diversity:-Universal voting rights helped build unity in a diverse nation by including everyone in the democratic process.
- A Bold Step for Equality:- Unlike many countries that gave voting rights in stages, India wanted to set an example by trusting its people fully from the start.
5. How did the freedom struggle inspire the making of the Constitution of India? How did India’s civilisational heritage inspire some of the key features in the Constitution of India? Explain.
Answer:- The freedom struggle inspire the Constitution?
- It brought values like equality, justice, freedom, and democracy.
- Leaders from the struggle helped shape the Constitution.
- It promoted unity in diversity and fundamental rights.
How did India’s civilisational heritage inspire the Constitution?
- The idea of “Vasudhaiva Kutumbakam” (world is one family) inspired unity.
- Respect for knowledge, diversity, and religions shaped secularism and pluralism.
- Traditions of justice and fairness influenced Fundamental Rights and social justice.
6. Do you think we, as a society, have achieved all the ideals of the Constitution? If not, what can we each do as citizens to move our country closer to these ideals?
Answer:- Have we achieved all the ideals of the Constitution?
- Not completely.
- There are still challenges like inequality, discrimination, and poverty.
What can we do as citizens?
- Respect others’ rights and differences.
- Vote responsibly and participate in democracy.
- Educate ourselves and others about rights and duties.
- Work against social injustice and help those in need.
- Follow laws and promote equality and justice.
No comments:
Post a Comment