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How and Why Constitution

The document discusses the significance and functions of a constitution, particularly focusing on the Indian Constitution. It outlines the roles of a constitution in providing basic rules, limiting government power, and ensuring representation for minorities, while also detailing the process of its creation and the importance of public participation. Additionally, it highlights the balance of power within the government and the need for a living constitution that adapts to societal changes.

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0% found this document useful (0 votes)
16 views10 pages

How and Why Constitution

The document discusses the significance and functions of a constitution, particularly focusing on the Indian Constitution. It outlines the roles of a constitution in providing basic rules, limiting government power, and ensuring representation for minorities, while also detailing the process of its creation and the importance of public participation. Additionally, it highlights the balance of power within the government and the need for a living constitution that adapts to societal changes.

Uploaded by

miruddula919
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Chapter 1

. Constitution have and why

. What is a constitution

. Constitution is a written document that outlines the basic rules of political


system that every citizens of India should follow

. Why do we need a constitution

. First. It's a basic set of rules that everyone should follow with 10 minimal
coordination

. In the society there are different aspects of problem that can rice between
cast religion gender when everyone follows these set of basic rule the
conflict will not arise

. The second function of a constitution is to is to provide the power to make


decision in the society.

. For example in ancient greeks were voting for every rules they come up
with but in a big country like India we can't always conduct towards so the
garments has given the power to the Parliament to make law
. The third function of a constitution is to limits with powers

. When the whole power is given to the government the government can
make decisions that are against the minority our favour the leader

. When and constitution limits IT power it can't make decision against


minority

. The fourth constitution is full fill the aspirations and goals of the people

. Example of farmer who wants to become more independent on his finance


the government can give some missionary seats to make the farmers
aspiration goal.

Fundamental identity of people

. Our constitution provide fundamental identity of people

. Three main identity the constitution provides

. Collective identity or political identity: As an Indian when we have follow


Indian constitution besides or caste religion and gender the whole Indian
Constitution call session Indian this is the political identity
. Moral identity: As an individual everyone has their goal and freedom
aspiration. Bed for achieving the goal we cannot do anything we should
follow some rules to attain the goal or aspiration

. Basic political and moral values: Basic political values are Freedom Justice
fertility and moral values are what do and what not to do

. Most modern constitution for this ride or protect certain basic rules

. Not every constitution follows the same concept of national identity. They
follow based on their traditions

. For example the German government gave the citizenship for the ones who
speak traditional German based on their ethnic identity

. In India national identities followed not on favouring any ethnic groups

Enabling provisions of the constitution

. Tuition is not only rules and regulations are the powers given to the
government

. The main motive of government is to work for the Welfare of the people

. For example the South Africa government conserves nature and against
unfair discrimination and adequate housing and focuses on health is the
Motu of the government

. Example to in Indonesian garment government gives free education system


and the poor children's are look acted by the government

. Constitution it not only following written rules they also make clause for the
people and work for the Welfare
The authority of a constitution

. Many country has constitution as an compact document but some has


detailed constitution

. Example united Kingdom has a series of constitution where India Hassan


compact single constitution

. Constitution is the document or set of document that SEEKS perform the


function

. Most countries constitution is just a paper

. More of promulgation

. Means making people aware of something

. They may people know about constitution

. In many countries constitution is made by military leaders who are not


popular and don't have the ability to lead people

. Successful constitution like India South Africa and United Kingdom there
constitution are created by popular freedom fighters like Gandhi Jawaharlal
Nehru

. Indian constitution was drafted from December 1946 and ended in


November 1949 by constitutional assembly

. This constituent assembly crafted the constitution after many national


movements struggles

. After how the government makes our two people? The ask public review by
people or refendum was conducted
. And big people like Gandhi nehru who implemented it to people and they
had a group of people who follow them and they said about the constitution
they followed it and accepted IT

. Debate over constitution making in Nepal( box information)

. Constitution making is not easy. Nepal is an example

. Since 1948 the constitution was changed 5 times in 1948 1951 1959 1962
and in 1990

. Nepal had monarchy rules but many people in Nepal wanted to abolish
monarchy rule also they wanted at democratic country

. But the king didn't accept for democracy government

. Over period many changes happened

. In 2002 October he the overall power the king

. Many political party like Communist Party of Nepal struggled

. Under pressure the king had to install the government that stripped his
power

. Nepal became an independent country in 2015

. The substantive provision of our constitution

. The people should follow conservation for I need like the basics freedom

. In an country the majority shouldn't suppress minority the constitution


should insure it
. If the minorities rights are taken by the majority the minority group will fill
while their following all these rules they get nothing in return

. Asus successful constitution give sequel power to minority and majority

. Any constitution cannot give full justice but can give basic justice

. Read a many equality or followed by Indian constitution

. Balanced institutional design

. The decision power is given to parliament in India but when the power is
given in one hand they can make wrong decisions

. But well crafted constitution like India has horizontal fragment of power

. It has legislature executive and Judiciary and independent Election


Commission

. This is system of checks and balance

. If one goes wrong and other can ask question

. This is one of the recent for success of constitution

. The constitution shouldn't be to rigid or two present they should be the


combination of both in balanced weight

. Indian constitution is a living document when time changes The Lost can
also be changed or else It wouldn't survive balance between fragile and rigid

. How was Indian constitution made

. Indian Constitution was made by consequence assembly in India


. First sitting happened in 9 December 1946 after the division of India on
14th August 1947

. In 1935 government of india provinces legislative assembly indirectly


elected the members who drafted the constitution the constitution

.:

Each Province and each Princely State or group of States were allotted seats
proportional to their respective population roughly in the ratio of
1:10,00,000. As a result the Provinces (that were under direct British rule)
were to elect 292 members while the Princely States were allotted a
minimum of 93 seats.

The seats in each Province were distributed among the three main
communities, Muslims, Sikhs and general, in proportion to their respective
populations.

Members of each community in the Provisional Legislative Assembly elected


their own representatives by the method of proportional representation with
single transferable vote.

The method of selection in the case of representatives of Princely States was


to be determined by consultation.

. Composition of constituent assembly

. For the partition of India the constituent assembly happen


. The member reduced from 299 to 284

. Constitution was adopted on 26 November 1949

. Because of the partition of India the have members had reduced

. The constitution was presented on 24 Jan 1950 and the sign was passed an
enforced on 26 January 1956

. After many classes and styles the constitution was enacted

. The Government of India thought that they should also bring other every
cast and every minority group to through this representation

. Citysionship student be based on religious the Indian government thought

. Equal preference to all the government needed

. From SC was in the constitution

. Congress had 82% of seats in assembly after partition

. Congress was a diversed party in which every region and gender and cats
are included

. The principal of deliberation

. The constitution was formed by national leaders they came with many
opinions

. It started into a debate while forming constitution

. But many wanted participation from every cast religion

. The government wanted equal representation to all the groups

. If law is made it shouldn't disturb the other group

. All leaders had opinion that they should work for the Welfare of the people

. Anyone didn't debate about this Universal mail suffrage the voting rights
respect of cash religion they are given to all
. this debate are very important in the Indian history.

Procedure

. The constitution assembly included 8 major committee

. Jawaharlal Nehru Rajendra Prasad Sadar Patel aur BR Ambedkar

. They have opinion in between the leaders

. For example Ambedkar thought Gandhi could have given more upplutment
of Schedule Caste

. Patel and Nehru had issues

. But they work together for the Welfare

. Assembly worked for 166 days 2 year 11 months.

. Inheritance of national movement

. Constitutional assembly was the outcome of national movement

. Asind they didn't have a Framework or background on principles of


constitution

. But thought that it should be equal

. Nehru in 1946 brought what should be implemented in constitution

. For example Nehru brought objective resolution claim of assembly

. Objective resolution are equal to Liberty democracy sovereignty


. Institutional arrangements

. Work for Welfare of the people

. The organ should have equal power and govern each other

. Checks and balances each other

. Central and state government should be federal

. According to Indian constitution Indians are very lucky

. Because french government ideas are taken and they analysed what are
good and what are not good and they took ideas from it

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