Class 11 Political Science Notes Chapter 1 (Constitution why and how?) – India Constitution Work Book

Alright class, let's delve into the very foundation of our polity – the Constitution. Chapter 1, 'Constitution: Why and How?', is crucial not just for understanding our political system but also forms the bedrock for many questions in competitive government exams. Pay close attention.

Chapter 1: Constitution: Why and How? - Detailed Notes

1. What is a Constitution?

• A Constitution is fundamentally a body of basic principles and laws according to which a state or organization is governed.
• In the context of a country, it is the supreme law of the land. All other laws and government actions must conform to the Constitution.
• It lays down the framework defining the fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions.
• Crucially, it also sets out the fundamental rights, directive principles, and duties of citizens.

2. Why Do We Need a Constitution? (Functions of a Constitution)

This is a very important section. Understand the purpose behind having a constitution.

• Function 1: To Provide a Set of Basic Rules Allowing for Minimal Coordination:

  • Societies are diverse, with people having different beliefs, interests, and potentially conflicting aspirations.
  • A constitution provides a set of basic rules that are publicly known and acceptable (at least minimally) to most members of society.
  • This allows for a degree of predictability and coordination among citizens, preventing anarchy and enabling peaceful coexistence. Think of it like basic traffic rules everyone agrees to follow.

• Function 2: To Specify Who Has the Power to Make Decisions in Society (Specification of Decision-Making Powers):

  • A constitution decides how the government will be constituted.
  • It specifies who has the authority to make laws (Legislature), who implements them (Executive), and who interprets them (Judiciary).
  • In a democratic constitution, the ultimate power rests with the people, who exercise it through their elected representatives.

• Function 3: To Set Limits on What a Government Can Impose on Its Citizens (Limitations on the Powers of Government):

  • This is perhaps the most critical function in a democracy. A constitution limits the power of the government to prevent it from becoming tyrannical or arbitrary.
  • These limits are often enshrined as Fundamental Rights, which the government cannot violate (e.g., freedom of speech, right to life, freedom of religion).
  • These rights are justiciable, meaning citizens can approach courts if their rights are violated. This ensures limited government and protects individual liberty.

• Function 4: To Enable the Government to Fulfil the Aspirations of a Society and Create Conditions for a Just Society:

  • Modern constitutions are not just about limiting power; they are also about empowering the government to take positive measures for collective good.
  • They often lay down aspirations and goals for the society (e.g., ending discrimination, ensuring welfare, promoting education).
  • In India, the Directive Principles of State Policy (DPSP) serve this function, guiding the state to enact laws and policies for social and economic justice, even though they are not directly justiciable like Fundamental Rights.

• Function 5: To Express the Fundamental Identity of a People:

  • A constitution represents a collective agreement on certain basic values and principles that define the nation.
  • It articulates the political identity (e.g., democratic, republic, parliamentary) and moral identity (e.g., secular, committed to social justice, liberty, equality) of the people.
  • By agreeing to a constitution, individuals become part of a collective entity governed by shared norms and values.

3. How Was the Indian Constitution Made? (The Making of the Constitution)

• The Constituent Assembly:

  • The Indian Constitution was framed by a Constituent Assembly, established under the provisions of the Cabinet Mission Plan, 1946.
  • Composition: Members were elected indirectly by the members of the Provincial Legislative Assemblies (elected on a limited franchise). Seats were allocated based on population, roughly 1:1 million. Seats were distributed among three main communities: Muslims, Sikhs, and General (all others). Representatives from Princely States were also included (initially nominated, later some elected).
  • Though not directly elected by universal adult suffrage, the Assembly represented diverse sections of Indian society in terms of region, religion, caste, and ideology. Key leaders like Nehru, Patel, Rajendra Prasad, Ambedkar, Maulana Azad were members.
  • First Meeting: December 9, 1946. Dr. Sachchidananda Sinha was the temporary President.
  • Permanent President: Dr. Rajendra Prasad (elected on Dec 11, 1946).
  • Vice-President: H.C. Mookherjee.
  • Constitutional Advisor: Sir B.N. Rau.

• Objective Resolution:

  • Moved by Jawaharlal Nehru on December 13, 1946.
  • It laid down the philosophy and guiding principles for framing the Constitution (e.g., India as an Independent Sovereign Republic, justice, equality, freedom, safeguards for minorities, world peace).
  • Unanimously adopted on January 22, 1947. Its modified version forms the Preamble of the Indian Constitution.

• Working of the Assembly:

  • The Assembly worked through various Committees. The most important was the Drafting Committee.
  • Drafting Committee: Chaired by Dr. B.R. Ambedkar (often called the 'Father of the Indian Constitution'). Set up on August 29, 1947. Tasked with preparing the draft Constitution based on reports from various committees.
  • The Assembly met for 11 sessions over 2 years, 11 months, and 18 days.
  • The process involved extensive debate, discussion, and accommodation of diverse viewpoints. Decisions were usually taken by consensus rather than simple majority vote. Public opinion was also considered.

• Adoption and Enforcement:

  • The Constitution of India was adopted by the Constituent Assembly on November 26, 1949 (celebrated as Constitution Day or National Law Day). It contained a Preamble, 395 Articles, and 8 Schedules at that time.
  • It came into full force on January 26, 1950 (celebrated as Republic Day), the date chosen to commemorate the Purna Swaraj declaration of 1930.

• Sources of the Constitution:

  • The framers drew inspiration from various sources, adapting them to India's unique needs and conditions.
  • Government of India Act, 1935: Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions.
  • British Constitution: Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs.
  • US Constitution: Fundamental Rights, independence of judiciary, judicial review, impeachment of the President, removal of judges.
  • Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha, method of election of President.
  • Canadian Constitution: Federation with a strong Centre, residuary powers with the Centre, appointment of state governors by the Centre, advisory jurisdiction of the Supreme Court.
  • Australian Constitution: Concurrent List, freedom of trade, commerce, joint sitting of Parliament.
  • Weimar Constitution (Germany): Suspension of Fundamental Rights during Emergency.
  • Soviet Constitution (USSR): Fundamental duties, ideal of justice (social, economic, political) in Preamble.
  • French Constitution: Republic and the ideals of Liberty, Equality, Fraternity in the Preamble.
  • South African Constitution: Procedure for amendment of the Constitution, election of members of Rajya Sabha.
  • Japanese Constitution: Procedure established by Law.

Key Takeaway: The Indian Constitution is not merely a set of rules but a living document embodying the ideals and aspirations of the Indian people, created through a thoughtful and deliberative process by the Constituent Assembly. It provides the framework for democratic governance, protects citizens' rights, and aims to establish a just and equitable society.

Multiple Choice Questions (MCQs)

1. Which of the following is NOT considered a primary function of a constitution?
   a) To provide a set of basic rules for coordination.
   b) To specify who has the power to make decisions.
   c) To guarantee high economic growth rates.
   d) To set limits on the powers of the government.

2. The Constitution of India was framed by:
   a) The British Parliament
   b) The Governor-General
   c) The Constituent Assembly
   d) The Indian Parliament elected in 1952

3. Who was the permanent President of the Constituent Assembly of India?
   a) Dr. B.R. Ambedkar
   b) Jawaharlal Nehru
   c) Dr. Rajendra Prasad
   d) Dr. Sachchidananda Sinha

4. The 'Objective Resolution' outlining the philosophy of the Indian Constitution was moved by:
   a) Sardar Vallabhbhai Patel
   b) Dr. B.R. Ambedkar
   c) Jawaharlal Nehru
   d) C. Rajagopalachari

5. The members of the Constituent Assembly were:
   a) Directly elected by the people
   b) Nominated by the Governor-General
   c) Indirectly elected by the Provincial Assemblies
   d) Nominated by the Indian National Congress and Muslim League

6. Who was the Chairman of the Drafting Committee of the Indian Constitution?
   a) Dr. Rajendra Prasad
   b) Sir B.N. Rau
   c) H.C. Mookherjee
   d) Dr. B.R. Ambedkar

7. The Constitution of India was adopted on:
   a) January 26, 1950
   b) August 15, 1947
   c) November 26, 1949
   d) December 9, 1946

8. The concept of Fundamental Rights in the Indian Constitution is primarily borrowed from the Constitution of:
   a) United Kingdom
   b) United States of America
   c) Canada
   d) Ireland

9. Which function of the constitution ensures that the government does not become arbitrary and protects citizens' liberties?
   a) Providing minimal coordination
   b) Specification of decision-making powers
   c) Setting limitations on government power
   d) Enabling the government to fulfil aspirations

10. The Indian Constitution came into full force on:
    a) November 26, 1949
    b) January 26, 1950
    c) August 15, 1947
    d) January 22, 1947

Answer Key:

1. c
2. c
3. c
4. c
5. c
6. d
7. c
8. b
9. c
10. b

Make sure you understand not just the 'what' but also the 'why' behind each aspect discussed. This chapter sets the stage for everything that follows in Indian Polity. Good luck with your preparation!