Importance of the Indian Constitution PDF

Module II Importance of the Indian Constitution 2.1 Need of Constitution 2.2 The Authority of Constitution 2.3 Indian Constitution: Development and Salient features of the Constitution Need of Constitution A constitution provides the foundational framework for a nation's governance, defining t...

Module II Importance of the Indian Constitution 2.1 Need of Constitution 2.2 The Authority of Constitution 2.3 Indian Constitution: Development and Salient features of the Constitution Need of Constitution A constitution provides the foundational framework for a nation's governance, defining the structure of power, fundamental rights, and guiding principles. It ensures accountability, prevents abuses of power, and upholds the rule of law. A constitution safeguards citizens' liberties, maintains order, and serves as a cohesive national identity, fostering stability and democracy. The importance of a constitution lies in its ability to establish the principles, rights, and structures of a government. It protects individual liberties, ensures the rule of law, and promotes stability and order within society. A constitution sets the framework for governance, delineates the powers and responsibilities of different branches of government, and provides mechanisms for citizen participation and accountability. It acts as a safeguard against tyranny, allows for peaceful transitions of power, and upholds the values and aspirations of a nation. A constitution is crucial in creating a just and democratic society that respects the rights and freedoms of its citizens. Development of the Indian Constitution The constitution was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389 member assembly (reduced to 299 after the partition of India) took 2 years 11 months and 18 days to draft the constitution. Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948 (first reading). The Assembly had a general discussion on it for five days (till November 9,1948). The second reading (clause by clause consideration) started on November 15, 1948, and ended on October 17, 1949. During this stage, as many as 7653 amendments were proposed and 2473 were actually discussed in the Assembly. The third reading of the draft started on November 14, 1949. Dr. B.R. Ambedkar moved a motion–‘the Constitution as settled by the Assembly be passed’. The motion on Draft Constitution was declared as passed on November 26, 1949, and received the signatures of the members and the president. Out of a total 299 members of the Assembly, only 284 were actually present on that day and signed the Constitution. The constitution has adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules. The constitution came into force on January 26, 1950. This day is referred to in the Constitution as the ‘date of its commencement’, and celebrated as the Republic Day. January 26 was specifically chosen as the ‘date of commencement’ of the Constitution because of its historical importance. It was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC. Lengthiest Written Constitution: The Constitution of India is the world’s longest written constitution, consisting of a Preamble, 470 Articles, and 12 Schedules. It was originally written in 1949 and has undergone numerous amendments since 1951, including deletions and additions. Drawn from Various Sources: The Indian Constitution is a result of extensive borrowing from various sources, including other countries’ constitutions and the Government of India Act of 1935. Dr. B.R. Ambedkar proudly noted that it was crafted after examining known global constitutions. Federal System with Unitary Bias: India’s Constitution establishes a federal structure of government where powers are divided between the central and state governments. Parliamentary System: The Indian Constitution has chosen the British Parliamentary System of Government over the American Presidential System, which is based on the principle of cooperation and coordination between legislative and executive organs. Fundamental Rights: The Constitution guarantees fundamental rights to every citizen, which includes rights to equality, freedom of speech, and freedom of religion. For example, Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Directive Principles of State Policy: The Constitution includes directive principles that provide guidelines to the government for promoting social justice, economic welfare, and the well-being of the people. Integrated and Independent Judiciary: The Indian Constitution establishes an integrated and independent judicial system, with the Supreme Court at the top. Fundamental Duties: The original constitution did not include Fundamental Duties, which were added during internal emergencies. These duties include respecting the Constitution, protecting the country’s sovereignty, promoting common brotherhood, and preserving cultural heritage. Universal Adult Franchise: India follows the principle of universal adult franchise, which means that every adult citizen has the right to vote. This ensures widespread democratic participation. Single Citizenship: India follows the concept of single citizenship, meaning that every citizen of India is a citizen of the country as a whole, and there is no separate state citizenship. Emergency Provisions: The Constitution includes provisions for national emergencies (Article 352, 356, and 360) that grant additional powers to the central government during times of crisis. For example, during a state of emergency, the central government can take over the powers of the states. Secular State: The Indian Constitution is a secular state, ensuring equal respect for all religions and protecting them equally. It includes provisions for liberty of belief, equal protection of laws, and equal opportunity in public employment. The Constitution also abolishes communal representation, allowing temporary reservation of seats for scheduled castes and tribes to ensure adequate representation. Three Tier Government: The Indian Constitution initially had a dual polity with provisions for the organization and powers of the Centre and states. However, the 73rd and 74th Constitutional Amendment Acts (1992) introduced a third-tier of government, local governments, which is not found in any other Constitution. The 73rd Amendment added new Part IX17 and Schedule 11 to the Constitution, while the 74th Amendment added new Part IX-A18 and Schedule 12. The Authority of Constitution Constitutional authorities have many responsibilities and perform many functions according to which a country or a state is constituted or governed. Important Functions of the Constitution Authorities are as follows: The most important function of the constitutional authorities is to ensure the fundamental rights of its citizens. These authorities are responsible for laying out the procedures for several administrations, functions, execution of the government machinery, and legislation. A set of basic rules is provided by these authorities to maintain the harmony of society. The specification of who makes decisions in society lies in the hand of the constitutional authorities. The authorities limit the government to impose decisions on the citizens. They encourage the government to fulfil citizens’ aspirations. 1.Election Commission To superintend, direct, and control the elections, Article 324 is implemented by the government. The elections to state legislatures, parliament, office of vice-president and president are looked after by Election Commission. EC prepares and periodically revise the electoral roles to notify the dates and schedules of election and cancel the poles in case of any irregularities. It advises the president on matters related to the disqualification of the members of the parliament. It advises the governor on matters related to the disqualification of the members of the state legislature. 2.Union Public Service Commission The UPSC forms a part of the Indian constitution under articles 315-323. The UPSC has to fulfil the functions and abide by the obligations mentioned under Article 320. UPSC conducts Examinations for recruitment to all India services, central services and public services of union territories UPSC deals with all disciplinary matters affecting a person in a civil capacity UPSC. Assists the states in matters related to joint recruitment. 3.Finance Commission Finance Commission makes recommendations to the president on the following matters under article 280: Distribution and allocation of the net proceeds of the taxes between centers and states and among different states. The principles that should govern the grants-in-aid to the states. Measures are needed to augment the state’s consolidated fund to supplement the resources of local bodies. The Finance Commission also has to submit reports on the basis of steps taken by it. For Example, the fifteenth finance commission report was a very wide-ranging one. This report dealt with the recommendation of performance incentives for states in many sectors like solid waste management, adoption of DBT, power sector etc. 4. National Commission for Backward Classes The following functions of the National Commission for Backward Classes have been set up under article 338B. To investigate various safeguards provided for socially and educationally backward classes. To inquire into the complaints related to the deprivation of the rights of socially and educationally backward classes. To advise on the planning process for the socio-economic development of socially and educationally backward classes. To submit reports to the president regarding the working of various safeguards. To make recommendations to union and state governments regarding the measures to be taken for effective implementation of safeguards. To discharge such other functions as president may specify. 4. National Commission for SCs It is established by article 338 of the constitution. The following are the functions of the commission: To investigate the matters regarding various safeguards provided for SCs. To inquire into the complaints related to the deprivation of the rights of SCs. To advise on the planning process for the socio-economic development of SCs. To submit the reports to the president regarding the working of various safeguards. To make the recommendations to the union and state governments regarding the measures to be taken for effective implementation of safeguards. To discharge such other functions as president may specify. 5. National Commission for STs It is established by article 338-A of the constitution. The following are the functions of the commission: To investigate the matters regarding various safeguards provided for STs. To inquire into the complaints related to the deprivation of the rights of STs. To advise on the planning process for the socio-economic development for STs. To submit reports to the president regarding the working of various safeguards. To make the recommendations to the union and state governments regarding the measures to be taken for effective implementation of safeguards. To discharge such other functions as president may specify. https://www.youtube.com/watch?v=lrhPuspVEyM