Table of contents
What is the Meaning of The Indian
Constitution?
The Constitution of India is the supreme law of India.
The document lays down the framework that demarcates
the fundamental political code, structure, procedures,
powers, and duties of government institutions and sets
out fundamental rights, directive principles, and the
duties of citizens.
Try yourself:Which of the following defines the set of rules to
govern a country?
A.
Preamble
B.
Sovereignty
C.
Constitution
D.
None of these
View Solution
Why Does a Country Need a
Constitution?
Most countries have a constitution, but not all are
democratic. A constitution defines the ideals and nature
of the country, reflecting citizens' aspirations. It serves as
a set of rules and principles agreed upon by all
citizens for governing the country, outlining the type of
government and shared ideals.
Example of Constitutional Change: Nepal
Nepaltransitioned from a monarchy to a democracy,
requiring a new constitution to reflect the people's
aspirations.
Changing political systems, like Nepal's move to
democracy, necessitates revising fundamental rules,
leading to the adoption of a new constitution in
2015.
The previous constitution defined governance by the
King and his council, highlighting the significance of
constitutional change in political transitions.
Role of the Constitution in a Democracy
A constitution outlines essential guidelines for
decision-making, ensuring leaders exercise power
responsibly on behalf of the people.
Democratic constitutions incorporate safeguards to
prevent the misuse of authority by political leaders.
For example, the Indian Constitution guarantees
fundamental rights, such as equality for all,
prohibiting discrimination based on religion, race,
caste, gender, or place of birth.
Protection Against Tyranny
Constitutionsprevent dominant groups from exploiting
their power over weaker individuals or groups,
ensuring fairness for all.
They safeguard against both inter-community and
intra-community domination, preserving equality and
justice.
Safeguarding Rights and Freedoms
The Constitution prevents individuals from making
harmful decisions that undermine the country's core
principles.
It ensures that fleeting emotions, like the desire for a
strong leader during times of political
disillusionment, do not erode citizen rights.
The Constitution maintains a stable framework that
protects the rights and liberties of the people,
ensuring long-term adherence to democratic values.
Upholding Democratic Values
Indemocratic societies, constitutions uphold essential
values and principles, ensuring stability and
protection of rights.
By examining the Indian Constitution, we see how
these democratic ideals are translated into specific
rules and safeguards for the people.
Try yourself:
What is the purpose of a constitution in a democracy?
[Link] establish guidelines for decision-making by
political leaders.
[Link] ensure fairness and protection for all individuals
and groups.
[Link] prevent the erosion of citizen rights and
freedoms.
[Link] of the above.
View Solution
The Indian Constitution: Key Features
By the beginning of the twentieth century, the Indian
national movement was actively fighting for
independence from British rule.
During the freedom struggle, nationalists envisioned a
free India as a democracy where everyone would be
treated equally and have a say in governance.
Around300 individuals, members of the Constituent
Assembly since 1946, worked together over three
years to draft India's Constitution.
Drafting Committee of the Constituent Assembly of India
The Constituent Assembly faced the challenge of
uniting diverse communities with different
languages, religions, and cultures.
During the drafting of the Constitution, India was
facing turmoil due to the imminent partition,
undecided princely states, and widespread socio-
economic challenges.
The Constitution crafted by the Assembly members
reflects a commitment to diversity alongside national
unity, addressing poverty through socio-economic
reforms, and highlighting the importance of people's
participation in choosing their representatives.
Listed below are the key features of the Indian
Constitution.
1. Federalism
This concept entails the presence of multiple levels of
government within the country. In India, we observe
governments at both the state and central levels.
Panchayati Raj represents the third tier of
government.
The vast diversity of communities in India
necessitated a governmental system that did not
solely concentrate power in individuals located in the
national capital of New Delhi. Instead, it was crucial
to establish an additional layer of government at the
state level to address region-specific concerns.
While each state in India enjoys autonomy in certain
areas, matters of national significance require
compliance with laws enacted by the central
government.
The Constitution delineates specific domains for each
level of government to legislate upon and outlines
their funding mechanisms.
Under the federal system, states derive authority not
just from the central government but also from the
Constitution itself. Every individual in India is subject
to regulations formulated by these distinct tiers of
government.
Try yourself:What is the key feature of the Indian Constitution that
allows for the presence of multiple levels of government within the
country?
A.
Democracy
B.
Federalism
C.
Autocracy
D.
Monarchy
View Solution
2. Parliamentary Form of Government
The government tiers include representatives elected
by the people.
Universal adult suffrage is guaranteed by the
Constitution of India.
Constituent Assembly members believed that
universal suffrage would promote democracy and
challenge traditional hierarchies.
Indian citizens have a direct role in electing
representatives, and anyone can contest elections.
Also, every citizen of the country, irrespective of
his/her social background, can contest in elections.
3. Separation of Powers
TheConstitution outlines three government organs:
legislature, executive, and judiciary.
Legislature consists of elected representatives, while
the executive implements laws and governs.
The judiciary system comprises the courts in the
country.
To prevent power abuse, each organ has distinct
powers, acting as checks on one another for a
balanced power structure.
4. Fundamental Rights
Termed as the 'conscience' of the Indian Constitution
due to historical suspicions of State power post-
colonial rule.
Aimed at safeguarding citizens from arbitrary State
power, ensuring protection against misuse of
authority.
Guarantee rights of individuals against both the State
and fellow citizens, addressing diverse community
needs.
Protect minority rights against potential majority
dominance, reflecting Ambedkar's dual objectives for
Fundamental Rights.
Emphasize citizens' entitlement to claim rights and the
obligation of all law-making authorities to adhere to
these rights.
Directive Principles of State Policy: Included in the
Constitution to advocate for social and economic
reforms, offering guidance to shape laws and policies
for poverty alleviation.
Fundamental Rights in the Indian Constitution
Fundamental Rights
1. Right to Equality:
Allindividuals are equal before the law, ensuring equal
protection under the country's laws.
No citizen can face discrimination based on religion,
caste, or sex.
Access to public places like playgrounds, hotels, and
shops is guaranteed to everyone.
The State cannot discriminate in employment matters,
except for certain situations detailed in the
Constitution.
Untouchability practices have been abolished.
2. Right to Freedom: Encompasses freedom of speech
and expression, forming associations, moving freely
within the country, and choosing any profession.
3. Right against Exploitation: The Constitution
prohibits human trafficking, forced labor, and employing
children under 14 years old.
4. Right to Freedom of Religion: All citizens have the
freedom to practice, profess, and propagate their chosen
religion.
5. Cultural and Educational Rights: Minorities,
whether religious or linguistic, can establish educational
institutions to preserve and enhance their culture.
6. Right to Constitutional Remedies: Citizens have
the right to seek legal recourse if they believe any of
their Fundamental Rights have been violated by the
State.
Try yourself:What are the Fundamental Rights provided by the
Constitution of India?
A.
Right to Equality
B.
Right to Freedom
C.
Right against Exploitation
D.
All of the above
View Solution
5. Secularism
A secular state does not officially promote any one
religion as the state religion.
Further discussion on secularism will be provided in
the upcoming chapter.
Influence of History on the Constitution:
A country's history often shapes the type of
Constitution it adopts.
The Constitution plays a vital role in establishing the
ideals for all citizens to follow, including elected
representatives.
Changes in constitutional rules can significantly
impact the functioning of the government, similar to
how rule changes affect a football game.
The Indian Constitution has undergone amendments
to address new political concerns, indicating the
evolving nature of the country's governance.
In certain cases, a substantial constitutional change
can alter the fundamental essence of a nation, as
observed in Nepal's transition to democracy and the
subsequent adoption of a new Constitution.
Frequently Asked Questions
Q.1. Why does a democratic country need a
Constitution?
Ans: There are various reasons why a democratic
country needs a Constitution:
The basic ideas on the basis of which we as citizens
aspire to live in our country are mentioned in the
Constitution.
It tells the fundamental nature of society
To define the nature of the political system of the
country
It states a set of rules based on which people
belonging to different religions and communities
can peacefully co-exist with each other.
Q.2. What are the key features of Indian
Constitution?
Ans: The key features of the Indian Constitution have
been talked about in detail in this chapter. Given below
are the important features of the Indian Constitution:
1. Federalism: the existence of more than one level of
Government.
2. Parliamentary Form of Government: the right to
vote for each citizen of the country irrespective of caste
or creed
3. Separation of Powers: the three organs of
government – judiciary, legislature, and executive.
4. Rights: The six major fundamental rights that every
citizen of the country deserves as per the Indian
Constitution
5. Secularism: A country that promotes religious
freedom for all its citizens
Q.3. Write a brief note on the making of the Indian
Constitution.
Ans: The Indian Constitutional Assembly was convened in
December 1946. The members of this Assembly were only
Indians. This Assembly started drafting the Constitution for
Independent India. Dr. Ambedkar was the Chairman of the
Constitution drafting committee.
The constitution declares India to be a sovereign,
democratic republic and establishes the structure,
procedures, powers, and duties, of the government
and duties of citizens.
The 308 members of the Assembly signed two hand-
written copies of the document (one each in Hindi
and English) on January 24, 1950. Two days later, on
January 26, 1950, the Constitution of India became
the law of all the Indian lands.
