Chapter -1
constitution and why and how
What is the meaning of constitution?
- Constitution is a written/unwritten document which contains the rules, regulations and laws related to running the government in a country .
- The Constitution contains detailed information about the form of governance, powers of the government, rights and duties of the people, institutions, various organs of the government and their functions, administration, etc.
What is the function of the Constitution?
1. The Constitution is the means of fulfilling the wishes and aspirations of the citizens of the country .
2. The Constitution determines the basic structure of the political process of any country .
3. The constitution regulates the relations between the government and the people in any country .
4. The three main organs of the government viz. legislature, executive and judiciary are established by the constitution .
How many types of constitutions are there?
There are mainly two types of constitution .
1. Written Constitution
- A written constitution is prepared by a Constituent Assembly. It contains the basic elements of the formation of the country, the rights and duties of the citizens, the structure of the government, its functions and the judicial system .
- Like - India, America, France, Denmark, Brazil
2. Unwritten constitution
- The unwritten constitution is established through constitutional decision systems, traditions, laws, departures and cultural practices.
- such as Britain, Israel,
Need for a Constitution
1. It ensures national unity and stability along with creating harmony in the society .
2. Provides protection in justice delivery along with maintaining law and order.
3. Provides protection to the fundamental rights and duties of citizens to establish a just society .
4. To run the government, there is a need for political stability and good governance system .
5. Provides the ability to make changes in the country's structure and its constitution from time to time to prevent misuse of power .
Formation of Indian Constituent Assembly
1. In July 1945, a new Labour Party government came to power and the way was opened for the formation of the Indian Constituent Assembly.
2. According to the Cabinet Mission Plan, it was decided that a Constituent Assembly would be formed to make the Constitution, which was constituted on 9 December 1946 .
3. The selection of members of the Constituent Assembly was given to each province of the British Empire in proportion to their population .
4. One seat was fixed for every 10 lakh population. The seats of each province were divided among the three major communities, General, Sikh and Muslim, in proportion to their population .
Composition of the Constituent Assembly
1. The total number of members of the Constituent Assembly was fixed at 389 .
2. Of which 292 representatives will be from 11 provinces under the Governor of British India .
3. Four provinces with four representative Chief Commissioners .
- Delhi
- Ajmer (Merwara)
- British Balochistan
- Coorg
4. 93 representatives were to be taken from Indian princely states .
5. According to the Mountbatten Plan of June 1947, partition of India and Pakistan was decided. As a result, the members of Pakistan were no longer members of the Constituent Assembly and the number of actual members of the Indian Constituent Assembly decreased to 299 .
6. On 26 November 1949, only 284 members were present in the Constituent Assembly, and they signed the final Constitution .
Making of the Indian Constitution
1. The first meeting of the Constituent Assembly was held on 9 December 1946. Dr Sachchidanand Sinha was made the temporary President of.
2. The second meeting of the Constituent Assembly was held on 11 December 1946 in which Dr. Rajendra Prasad was made the permanent President of the Constituent Assembly .
3. The third meeting of the Constituent Assembly was held on 13 December 1946 in which Pandit Jawaharlal Nehru proposed the objectives of the Constitution and presented the outline of the future Constitution .
4. The Objective Resolution was accepted by the Constituent Assembly on 22 January 1947 .
5. Dr. Bhimrao Ambedkar was elected the Chairman of the Drafting Committee of the Constituent Assembly .
6. It took 2 years, 11 months and 18 days to make the Constitution of India. A total of 166 meetings were held in it .
7. The original Constitution had 395 articles, 22 parts and 8 schedules, currently the number of 8 schedules has been increased to 12 .
8. The Constitution was ready on 26 November 1949 but it was fully implemented on 26 January 1950.
Sources of the Indian Constitution
1. About 75% of the Indian Constitution is taken from the Government of India Act 1935
2. Provisions in the Indian constitution have been taken from other countries as well, that is why the Indian constitution is also called a bag of borrowings.
Provisions taken from other countries in the Indian constitution
👉 British Constitution
- The decision of victory in the election is based on the highest number of votes
- Parliamentary form of government
- the idea of the rule of law
- Position of the Speaker and his role in the Legislature
- law making method
👉 Constitution of France
- principle of liberty, equality and fraternity
👉 Constitution of Ireland
- Directive Principles of State Policy
- Nominated Members in Rajya Sabha
👉 Constitution of South Africa
- amendment process
👉 Constitution of America
- Fundamental Rights
- power of judicial review
- Independence of the Judiciary
👉 Constitution of Canada
- quasi federal government
- doctrine of residuary powers
Features of the Indian Constitution
1. It is the largest written constitution in the world .
2. The Indian constitution is neither too flexible nor too rigid because it can be amended but for this a special majority will be required .
3. Directive Principles of State Policy which are important for the moral, social, and economic development of the citizens of the country .
4. The Indian Constitution guarantees fundamental rights to the citizens which includes other important issues like liberty, equality, justice, secularism and national integration .
5. Universal adult suffrage which gives the right to vote to all adult people without any discrimination .
6. The most successful constitution in the world has been in existence ever since it was made
7. Parliamentary form of government has been adopted and is the basis of the federal structure with a structural balance between the centre and the states
8. There is a provision for single citizenship in the Indian Constitution
9. The constitution is the supreme law of India, therefore an independent and impartial judiciary has been formed
What are the main functions of the Constitution?
1) It provides a set of basic rules that ensure a minimum degree of coordination and trust among members of society
॥) Who will have the power to take decisions in society? The constitution also determines how the government will be formed.
III) Set some limits on the laws that the government can impose on its citizens. These limits are fundamental in the sense that even the government cannot violate those laws.
IV) Provide such power to the government that it can fulfill the wishes of the people and create appropriate conditions for establishing a just society
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