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.
- 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.
- Equality for all
- Justice for all
- Freedom
- Fraternity (brotherhood)
- Cultural heritage of India
- Constitution as a tool to achieve these values
- 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.
- 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
- Inspired by the Indian thought:
- "Ā no bhadrāḥ kratavo yantu viśwatah"
- (Let noble thoughts come to me from every side)
- Defines clear roles and responsibilities of:
- Legislature – Makes laws
- Executive – Implements laws
- Judiciary – Interprets laws
- Basic rights guaranteed to all citizens (e.g., Right to Equality, Right to Freedom, etc.)
- Can be legally enforced in courts.
- Non-enforceable, but guiding principles for governments to achieve social and economic justice.
- Meant to build a welfare state over time.
- The Constitution was designed to evolve with time.
- Lawmakers understood that new challenges and needs would emerge in the future.
- 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.
- Citizens can share feedback on new laws or changes.
- Government creates platforms for public engagement.
- The Preamble is the introduction to the Constitution.
- It captures the spirit, intentions, and goals of the Constitution.
- 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 are expected to follow and promote these values.
- These principles guide government policies and citizens' actions.
- 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.
- Value Reflected: Universal Adult Franchise / Democracy
- Value Reflected: Equality
- Value Reflected: Fundamental Duty
- Value Reflected: Right to Equality / Social Justice / Fraternity
- 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.
- 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.
- 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.
- 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.
- 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.
- Not completely.
- There are still challenges like inequality, discrimination, and poverty.
- 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.