CHAPTER- 1 THE INDIAN CONSTITUTION
NOTES
1. Constitution- In large societies, many different communities live together. Rules are determined through mutual agreement. In modern countries, this agreement is usually found in written form. The document in which we find such rules is called the Constitution.
2. In 1937, the Indian National Congress included the demand for the formation of a Constituent Assembly in its official policy for the first time.
- In December 1946, the Constituent Assembly was formed.
- Between December 1946 and November 1949, the Constituent Assembly drafted a new Constitution for independent India.
3. The Constitution serves several purposes-
- First– This document lays down the ideals on the basis of which citizens can shape their country according to their wishes and dreams. In other words, the Constitution defines the fundamental structure of our society.
- Second– To determine the political system of the country.
4. Democracy– In a democracy, we choose our own leaders so that they can use power responsibly on our behalf.
- There is always a possibility that these leaders may misuse power.
- In democratic societies, the Constitution often establishes rules to prevent the misuse of power by politicians.
- In a democracy, one of the important functions of the Constitution is to ensure that no powerful group uses its power against another or weaker groups or individuals.
5. Inter-community Dominance– One of the important functions of the Constitution is to restrict the tyranny or dominance of the majority over minorities. This dominance can also be exerted by one community over another, which is called inter-community dominance.
Intra-community Dominance– Within the same community, some people may oppress others, which is known as intra-community dominance.
6. The Constitution also prevents decisions that may harm the fundamental principles in which the country believes.
7. Indian Constitution: Key Features-
- By the time the 20th century arrived, the Indian national movement had been several decades old. During the freedom struggle, nationalists deeply contemplated what an independent India should be like.
- The long oppressive rule of the colonial state had made it clear to Indians that independent India should be a democratic country.
- The members of the Constituent Assembly had a responsibility. Our country had many communities with neither a common language, nor a common religion, nor a uniform culture.
8. Federalism– This means having more than one level of government in the country. In our country, there are governments at the state level as well as at the central level.
- All states in India have the autonomous right to make decisions on certain issues.
- On matters of national importance, all states must follow the laws made by the central government.
- For clarity in governance, the Constitution provides certain lists that specify which level of government can make laws on which issues.
- All people in India are subject to the laws and policies made by these different levels of government.
9. Parliamentary System of Government– At all levels of government, people themselves elect their representatives.
- The Constitution of India grants all its adult citizens the right to vote.
- Adult suffrage not only promotes democratic values and practices but also helps break the chains of inequality based on caste, class, and gender differences.
- Universal adult suffrage means that all people in the country have a direct role in electing their representatives.
10. Separation of Powers– According to the Constitution, the government has three branches: the Legislature, the Executive, and the Judiciary.
- The Legislature consists of our elected representatives.
- The Executive is a group of people responsible for implementing laws and governing the country.
- The system of courts is known as the Judiciary.
- Based on this separation of powers, each branch keeps a check on the other, ensuring a balance of power among all three branches.
11. Fundamental Rights– The section on Fundamental Rights is also known as the soul of the Indian Constitution.
- Fundamental Rights protect all citizens from the arbitrary and authoritarian use of state power. In this way, the Constitution safeguards individual rights against both the state and other individuals.
- Dr. B.R. Ambedkar described the dual purpose of Fundamental Rights: 1. Every citizen should be in a position to claim these rights. 2. These rights should be binding on every authority and institution that has the power to make laws.
- Fundamental Rights: 1. Right to Equality, 2. Right to Freedom, 3. Right Against Exploitation,4. Right to Freedom of Religion, 5.Cultural and Educational Rights, 6.Right to Constitutional Remedies.
12. Secularism– A secular state is one where the government does not officially promote any religion as the state religion.
