Constitution Why and How Handwritten Notes PDF

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Padhle!  CONSTITUTION WHY AND flow Index * Why we need 9 0 (functions of constitution) → To provide set of basic rules that allows for minimal coordinator in a group. → To specify the power making authority. → To set limits on power of government. → Enable the government to fulfill aspirations and goals of society. → It defines our fundamental identity. * flow it can be implemented ? → By getting authority of people. → By adding some provisions which are exceptable to maximum number of people. → By preserving the freedom and equality of people. → By distributing the power smartly between different institution of government. → By keeping balance between rigidity and flexibility. a Constituent Assembly , : Formation Function Procedure * Inheritance of the Nationalist Movements * Objective resolution * Balanced arrangements of Institutions of government * Provisions borrowed from other constitutions * Why we need ? The CONSTITUTION ! ' → above heading can also be written as FUNCTIONS OF 1. To provide set of basic rules : In a diverse group , people have different opinions and thoughts. 4 The difference in opinions can led to conflict. 4 Thus some basic rules which are legally enforceable and are accepted by maximum number of groups. → The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society. & To specify the decision making :. power 4 It the allocation of specifies basic power in a society. It decides who gets to decide what the laws will be. DIN some countries , monarch decides the laws ; while in democratic countries , people get to decide , either directly or through their representatives. 4in India , parliament has the authority to decides laws and composition of parliament itself is specified. 3. To put limitations on the power of Government : GIF their is limit the of government it also harm no on powers , can the rights of citizens ; it may perform arbitory actions , which may harm the country. Inking some limitations on their powers can control these arbitrary actions of government. → So the third function of a condition is to set some limits on what a government can impose on its citizens. - These limits are fundamental in the sense that government may never trespass them.  → The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizen and which no government can never allowed to violate. i. Some of these fundamental rights common in most countries opere : ] i Citizens will be protected from being arrested arbitrarily and for no reason. it Citizens will normally have the right to some basic liberties like freedom of speech freedom , of conscience , etc. Emergency ! → These rights can be limited during times of national emergency. The constitution specifies the circumstances under which these be rights → may withdrawn. 4. To Aspirations fulfill the and goals of society : 4 Most of the older constitutions limited themselves largely to allocating decision - making power and setting some limits to government power. 4 But many twentieth century constitutions , of which the Indian Constitution is the finest example , also provide an enabling framework for the government to do certain positive things , to express the aspirations and goals of society. DThe Indian Constitution was particularly innovative in this respect. to Societies with deep entrenched inequalities of various kinds , will not only have to set have to and limits on the power of government they , will also enable empower the take to forms of inequality government to positive measures overcome or deprivation. 4 If this is our society 's aspiration , the government will have to be enabled or to empowered take all the necessary steps to achieve this goal. Ator this the Indian constitution enables the government to take necessary steps to achieve this goal. 4 In a country like South Africa , which had a deep history of racial discrimination , its new constitution had to enable the government to end racial discrimination. * Fundamental identity of people : a. Political Identity : This the collective entity people into being through the > means as a come only basic constitution. It is by agreeing to a basic set of norms about how one should be governed, and who should be governed that one forms a collective identity. One has sets of identities that exist to constitution many prior a. - But by disagreeing to certain basic norms and principles one constitutes one 's basic political identity. b. Moral Identity : Framework to pursue individual aspirations goals , and freedom. It set constraints and define fundamental values. e. National Identity : Constitution all over the world have different relations regarding citizenship , centre - state relations , type of leadership , etc. * The Authority of , a Constitution : Q What. is a constitution ? → In most countries , ' Constitution ' is a compact document that comprises a number of articles about the state , specifying how the state is to be constituted and what norms it should follow. A. How effective is a constitution ? → This can be studied by studying these questions : Mode of promulgation The substance of constitution provisions a Balanced institutional design * Mode of Promulgation : This refers to how a constitution comes into being. - Who crafted the constitution and how much authority did they have ? In many countries constitutions remain defunct because they are crafted by military leaders or leaders who are not popular and do not have the ability to carry the people with them. The most successful constitutions like India , South Africa and the United States , are constitutions which were created in the aftermath of popular national movements. → India 's Constitution was formally created by a Constituent Assembly between December 1946 and November 1949. → It drew upon a long history of the nationalist movement that had a remarkable ability to take along different sections of Indian society together. * The Constitution drew enormous legitimacy from the fact the fact that it was drawn up by people who enjoyed immense public credibility. * These leaders have public credibility because : → They had capacity to negotiate and command the respect of a wide cross-section of society. → They were able to conversed that donation of their personal power was not the motive. 4 The final document reflected the broad national consent at the time. 4 Some countries have subjected their constitution to a full fledged - referendum. Where all the people vote on some decision 4 The Indian Constitution was never subject to such a referendum. → But nevertheless carried enormous public authority because , it had the consensus and backing of leaders who were themselves popular. → People adopted it as their own by abiding by its provisions. 4 The authority of people who enact the constitution helps determine in part its prospects for success. * The Substantive Provisions of a Constitution : It is the hallmark of successful constitution that it gives in society a everyone some reason to go along with its provisions. → If any group feels their identity is being stifled , they will have no reason to abide by the constitution. No constitution by itself achieves perfect justice. - But it has to convince people that it provides the framework for pursuing basic justice. The constitution the more a preserves freedom and equality of all its members , the more likely it is to succeed. → Constitutions are often subverted , not by the people , but by small groups , who wish to enhance their own power. * Balanced Institutional Design : Well crafted constitutions fragment power in society intelligently so that no single group can subvert the constitution. → One way of such intelligent designing of a constitution is to ensure that no single institution acquires monopoly of power. Distributing power across different institutions. In India , this distribution is between Legislature , Enecutive and the Judiciary and even independent statutory bodies like the Election Commission. 4 Another important aspect of intelligent institutional design is that : A constitution must strike the right balance between certain values , norms and procedures authoritative and at the time allow flexibility as , same enough in its operations to adopt to changing needs and circumstances.  → Thus the constitution should be flexible and rigid at the same time : t Too rigid a constitution is likely to break under the weight of change. t Too flexible , will give no security , predictability or identity to a people. A Successful constitutions strike the right balance between preserving core values and adopting them to circumstances y new. By striking a balance between the possibility to change the provisions. And the limits on such changes , which are fundamental to people. → Thus the constitution is also called a living document. This that subvert arrangement also ensures no section or group can , on its own , the Constitution. * What gives authority of a Constitution ? → Mode of promulgation : who made it → Substansive provision : Contains laws satisfying all sections of society → Balanced Institutional Design : Distribution of powers and changing nature of constitution according to the needs of the society. * How was the Indian Constitution made ? Formally , the Constitution was made by the Constituent Assembly which had been elected for undivided India. It held its first sitting on 9 December 1946. * Constituent Assembly : Its members were elected by indirect election by the members of the Provisional Legislative Assemblies that had been established in 1935. Assembly was composed roughly along the lines suggested by the plan proposed by the British cabinet , known as the Cabinet Mission. * According to this plan : → Each Province ( 292) and each Princely State ( 93) or group of States were alloted seats proportional to their respective population roughly in the ratio of 1:10 00,000 ,. → Seats were distributed to three main communities , Muslims , Sikhs and general , in to their proportion respective populations. → Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representation with single transferrable vote. → The method of selection in the case of representatives of Princely States was to be determined by consultation. * Composition of the Constituent Assembly @1h December 1946 - 26 November 19497 : 4 As a consequence of the Partition under the plan of 3 June 1947 those members who were elected from territories which fell under Pakistan ceased to be members of the Constituent Assembly. Other names like Mountbatten plan , Balkan Plan The numbers in the Assembly were reduced to 299 Of which 284 were actually present on 26 November 1949 and appended their signature to the Constitution as finally passed. Formed by Cabinet Mission plan on 9th December 1946 By plan of 3 Tune 1947 , the members were reduced to 299. 24 January 1949 - Signed by 284 members. 26 January 1950 - Came into force. 4 But it is a tribute to the fortitude of the farmers that they were not only able to draft a constitution under immense pressure , but also learnt the right lessons from the unimaginable violence that accompanied Partition. Attempts were made to make the assembly a representative body. 4 The Constitution was committed to a new conception of citizenship. 4 three not minorities be but identity only would secure , religious would have no bearing on citizenship rights. H But this account of the composition of the Constituent Assembly that drafted the Constitution touches upon only the surface of how our Constitution was made. 4 Although , the members of the Assembly were not elected by universal suffrage , there was a serious attempt to make the Assembly a representative body. H Members of all religions were given representation. 4 In addition , the Assembly had 26 members from Scheduled classes. H Congress dominated the Assembly occupying as many as 82% of the seats in the assembly after the Partition. * The Principles of Deliberation : → For constitutional assembly to be representative : i In ] assembly there should be Participation of divorce groups + iiTThere should be Deliberate over the interests of the whole nation → It important that they equally is participate not only as representatives of their own identity or community. → This means that members of assembly should consider interest of whole nation , just of their community. * Each member deliberated upon the Constitution with the interests of the whole nation in mind. → There were often disagreements amongst members. → These were discussed and resolved. → Some major arguments are : igltovennment should be centralised or decentralised. ] ii What should be the powers of Judiciary. What are the relations between the States and the Central government. → Only one provision of the Constitution was passed without virtually any debate : the introduction of universal suffrage. → The Constitution drew its authority from the fact that members of the Constituent Assembly engaged in what one might call public reason. They did not simply advance their own interests , but gave principled reasons to other their members for positions. Each clause of the Constitution was scrutinised and debated and proved on public reason. > Give logical and scientific Procedures reason A- : for an argument The Constituent Assembly had 8 major Committees on different subjects. Usually Jawaharlal , Nehru , Rajendra Prasad , Sardar Patel , Maulana Azad chained these committees. Each Committee usually drafted particular provisions of the Constitution which were then subjected to debate by the entire Assembly. Usually don't an attempt was made that any provision harm the interests of any section. The Assembly two hundred and sixty days spread met for one six , over years and eleven months. → Its sessions were open to the press and the public alike. * Inheritance of the nationalist movement : ↳ The principles which were forged during the long struggle for freedom were the binding force , which was holding the diverse constituent assembly towards a common goal. → The Constituent Assembly was giving concrete shape and form to the principles it had inherited from the nationalist movement. For decades preceding the promulgation of the Constitution : → The nationalist movement had debated many questions that were relevant to the making of the constitution :  4 The questions were : The India shape and form of government should have The values it should uphold The inequalities it should overcome → The Constituent Assembly was giving concrete shape and form to the principles it had inherited from the nationalist movement. Hor decades preceding the promulgation of the Constitution - The nationalist movement had debated many questions that were relevant to the making of the constitution. The shape and form of government India should have The values it should uphold. The it inequalities should overcome * Answer forged in those debates were given their final form in the Constitution : → The best summary of the principals that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution. → It was moved by Jawaharlal Nehru in 1946. → It contains the aspirations and values behind the Constitution. → What the previous section terms as Fundamental provisions of the constitution is inspired by and summed up by the values incorporated in the Objectives Resolution. The 4 principle values of resolution : objective were Equality Liberty Democracy Sovereignly * Main points of the Objectives Resolution : India is an independent sovereign , , republic. India shall be a Union of erstwhile British Indian territories , Indian States , and other parts outside British India and Indian States as are willing to be a part of the Union. The minorities , backward and tribal areas , depressed and other backward classes shall be provided adequate safeguards. There are more points in objective resolution, refer NCERT * Institutional Arrangement : → There should be balanced arrangements of the institutions of government. The Constituent Assembly spent a lot of time on evolving the right balance among the various institutions like the executive , the legislature and the judiciary. This bed to the adoption of the parliamentary form and the federal arrangement. This bed to division of in two powers ways. 1. Legislature and the executive and Judiciary. 2. States and the central government. While evolving the most balanced governmental arrangements , the makers of our Constitution did not hesitate to learn from experiments and experiences of other countries. Thus , the farmers of the Constitution were not averse to borrowing from other constitutional traditions. And due to this our constitution has also been critised. But borrowing these ideas was not slavish imitation. Each provision of the Constitution had to be defended on grounds that it was suited to Indian problems and aspirations. * Provisions borrowed from constitutions of different countries : → British Constitution : First Past the Post Parliamentary Form of Government The idea of the rules of law Institution of the Speaker and his role Lawmaking procedure → Irish Constitution : Directive Principles of State Policy CDPSP) → French Constitution : Principles of Liberty Equality and Fraternity , → Canadian Constitution : A quasi federal form of government ( a federal system with strong central - a government ). The idea of Residual Powers → United States Constitution : Charter of Fundamental Rights Power of Judicial Review and independence of the judiciary.  Chapter—1 Constitution (Imp Q/Ans) Very Short Answer Type→ Question 1. What is society? Answer: Society is a group of people of the same race, socio, economic background, and cherishes common aspirations. Due to social instinct when they come together and their relationship gets institutionalized, it constitutes a society. Question 2. Why certain rules are necessary for society? Answer: Certain rules and understandings are very necessary for observance by the members of society so that their relationship is properly maintained. These rules will help in maintaining the discipline and realizing the objectives of the society. Question 3. What is Constitution? Answer: The constitution is a body of rules and regulations, understandings, and modes of behaviour on the basis of which the government is constituted and run. The constitution specifies the areas of functions between the organs of the government. It also sets the mode of relationship between citizens and the state. Question 4. What are the main functions of the Constitution? Answer: The Constitution is the document whose main function is to demarcate the jurisdiction of organs of the government. It also suggests the composition of the government. It also sets the relationship between the state and citizens. The main function of the Constitution is to limit the powers of the government. Question 5. What is Constituent Assembly? Answer: A constituent assembly is a body of renowned persons who are engaged in discussion debate and decision-making process and then drafting the Constitution. Most of the constitutions of world countries are written by the Constituent Assemblies. Question 6. Name main countries from where institutions and features are taken for the Indian Constitution. Answer: It is said that the Indian Constitution is a borrowed bag because this Constitution has many foreign sources. Britain has the maximum impact on the Indian Constitution. Besides Britain, the USA, Canada, Ireland, Australia, and South Africa are the countries that have influenced the Indian constitution. It is rightly said that the Indian Constitution is a borrowed bag. Question 7. Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament? (а) The constitution was framed before the parliament came into being. (b) The constitution makers were more eminent leaders than the members of the parliament. (c) The constitution specifies how parliament is to be formed and what are its powers. (d) The constitution cannot be amended by the parliament. Answer: (c) The constitution specifies how parliament is to be formed and what are its powers. Short Answer Type→ Question 8. What do you mean by Constitution? How it performs its role for society? Answer: A Constitution is fundamental law of the land. It can be defined as the body of rules, regulations, and understandings on the basis of which state is’ constituted and governed. The Constitution is also the instrument of realizing the aspirations of the people. It plays a vital role for society as it specifies the basic allocations of power in society. The Constitution of a country indicates the framework of the government with the respective role of each organ of the government. The Constitution influences society and in turn is influenced by society. Indian Constitution represents the ethos, values, and preferences of Indian people and at the same time has successfully given the direction to Indian society to become a liberal, secular, democratic, and modern society. The constitution plays this role in all societies. We can take the example Of Chinese and Russian Constitutions also. Question 9. Discuss the importance of a written constitution. Answer: The constitution explains the structure of government and the mode of governance. Generally, the constitution is to be taken as a written one but it does not mean that there cannot be an unwritten constitution. British Constitution is the example of the unwritten constitution which is working on the basis of unwritten understandings, traditions, and conventions. But in most of the countries of the world, there are written constitutions which are in the form of a document written by a specially constructed Constituent Assembly. The written constitution has its own utility and importance. The written part of the constitution is a clear indicator of the jurisdiction or powers of a particular organ. There cannot be any ambiguity in a written constitution if it is, it can be explained. A written constitution is generally available in the form of a document that is prepared by continuous discussions and debate and with due process of decision making. It may be the majority method or it can be based on consensus. Therefore, a written constitution is more popular. Question 10. Write the composition of the Constituent Assembly of India. Answer: Indian Constitution is written by a specially constituted Constituent Assembly. This Constituted Assembly had a total strength of 389 members, whose composition was as follows: 1. 292 members from British ruled states 2. 93 members from Princely states 3. 4 members of minorities like Sikh and Anglo Indians The elected members were to be indirectly elected by the state Assemblies which were constituted by the election of 1946 to the states on the basis of the Government of India Act 1935. Therefore, this Constituent Assembly was constituted by indirect elections and nomination. It was constituted as per recommendations of the Cabinet Mission Plan 1946 which came to India after the formation of a new government led by Mr. Atlee in Britain. The Constituent Assembly enacted this Constitution on 26 November 1949 by taking the time of two years, eleven months, and eighteen days. The idea of a Constituent Assembly had come to prevail largely as an article of faith in almost all the politically minded classes in the country. Question 11. Write important features of the Indian Constitution. Answer: The main features of the Indian Constitution are as under:- 1. Written Constitution 2. Flexible and rigid Constitution 3. The preamble of the Constitution 4. Liberal Constitution. 5. Parliamentary form of government 6. Federal system of government 7. Republican system  8. Fundamental Rights 9. fundamental Duties 10. Directive Principles of State Policy 11. Secularism 12. Bicameral Legislature of centre 13. Adult Franchise 14. Multi-Party System 15. Power of Judicial Review to the Judiciary 16. Mixed economy 17. Single citizenship 18. Supremacy of Constitution Question 12. Give two examples each to support the following conclusions about the Indian Constitution: (a) The Constitution was made by credible leaders who commanded people’s respect. (b) The Constitution has distributed power in such a way as to make it difficult to subvert it. (c) The Constitution is the locus of people’s hopes and aspirations. Answer: (a) The following two factors are responsible: The members of Constituent Assembly were elected by indirect election by the members of Provincial Legislative Assemblies to be established in 1935. Assembly reflected each of the communities, provinces, princely states through an appropriate formula. Even 28 members belonged to scheduled castes. The members of Constituent Assembly went through long debates and discussions for 166 days spread over two years eleven months. (b) The following two factors can be summed up for the same: Our Constitution has made institutional arrangements of government on the basis of check and balance approach. If one of the institutions goes beyond its limitations, the other checks it. The procedure for amendments is well elaborated for different articles of the Constitution. (c) The following factors are responsible for the same because:  The Constitution has provided some Fundamental Rights along with protected provisions, and the judiciary has powers to protect them. The Constitution of India has incorporated some ‘Directive Principles of State Policy’ which are not justiciable but a moral duty of government. The government has also given some effects to these in the form of fixed minimum wages, formation of Panchayati Raj Institutions, employment guarantee scheme and mid-day meal schemes, etc. to be the hopes and aspirations of the people. Long Answer Type→ Question 13. State whether the following inferences about the making of the Indian Constitution are Correct or Incorrect. Give reasons to support your answer. (a) The Constituent Assembly did not represent the Indian people since it was not elected by all citizens. (b) Constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework. (c) There was little originality in the Constitution, for much of it was borrowed from other countries. Answer: (a) It is incorrect to say that Constituent Assembly did not represent Indian people because: Although the members of Constituent Assembly were not elected by Universal suffrage, but there was a serious attempt to make the Assembly a representative body. The Constituent Assembly represented the members of all religions, social and economic groups to accommodate all shades of opinion within it. The Assembly had 26 members even from scheduled castes. (b) It is correct to say because: Objective the Resolution containing principles was moved by Nehru in 1946 brought by the nationalist movement. Constituent Assembly could not have functioned without any background consensus on main principles.  Our constitution does not have only rules and procedures but a moral commitment also to establish a government to fulfil the promises made to peoples. (c) It is incorrect to say because: Though they borrowed a number of provisions from Constitutions of different countries but it was not based upon slavish imitations. Each provision before it was included, well considered by the members of Constituent Assembly. Long debates and discussions also took place to examine the suitability to the conditions prevailing in India along with problems and aspirations of the people. Question 14. Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation? Answer: It is necessary for a country to have a clear demarcation of powers and responsibilities in the constitution because: To ensure that no single institution acquires monopoly of power. In case of transgressions, it may be checked by one of the institutions. To specify who plays important role in decision-making powers. It shows how government would be constituted. It lays down some limits on the government and citizens both which are fundamental in nature which should not to be trespassed by government and citizens. The Constitution shows how organs of government are interrelated along with a demarcation of powers of institutions like legislature, executive and judiciary as well as statutory bodies, etc. The judiciary has been given a specific place to declare any law unconstitutional if not at par the provisions of Constitution. In the absence of such a demarcation: The federal set up would get strained and there would be crisis in centre as well as states.  There would be a problem to the citizens and laws will be proved to be unjust and unfair. Question 15. Why is it necessary for a constitution to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens? Answer: It is necessary for a constitution to place limitations on the rulers: These units are fundamental in the sense that the rulers may not trespass them. Citizens have been specified certain fundamental rights in Constitution to limit powers of rulers. Citizens have been granted some basic rights of liberties also, eyebright to freedom of speech and expressions, freedom to form trade union and associations, etc. which cannot be checked by the government. Only during the national emergency or in national interest, these rights may be withdrawn during some specific periods. It is necessary for a constitution to place limitations on the rulers otherwise they may turn to be a dictator and may overlook the people’s interest constitution guards and controls the rulers. No, there can be no constitution that gives no power to its people: In a Constitutional monarchy, monarch decides the powers of people. In a dictatorship, the ruler is supposed to get the support of people to cling to the power i.e., Pakistan’s General Musharraf also conducted periodic referendum to hold power. In a democratic institutions/Constitution; the people are the real source of power where public mandate is required to enact the policies for rulers. These can’t be a Constitution that gives no power at all to the citizens. It is always for the welfare of the citizens of the country. Question 16. Rajat at asked his teacher this question: “The constitution is fifty years old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me why should I obey this document?” If you were the teacher, how would you answer Rajat? Answer: Had I been the teacher I would answer Rajat: Indian Constitution is a blend of flexibility and rigidity. Hence, despite being fifty years old, it is not outdated as it has been amended a number of times whenever required to be modified from time to time. The Constitution was framed by the Constituent Assembly of an elected representatives from every section of society. Though Constituent Assembly was dominated by Congress which occupied 82% of the seats in Assembly, but it has representation from every class, religion and communities, regions to accommodate all shades of opinion within it. Though it is not possible to consult each and every individual in framing of Constitution, hence, the provisions were made to elect representatives from every section to reflect the people from all these.