Indian Constitution and Secularism Notes PDF

Indian Constitution and Secularism - Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Indian Constitution and Secularism Chapters...

Indian Constitution and Secularism - Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Indian Constitution and Secularism Chapters Covered Chapter 1: The Indian Constitution (8th) Chapter 2: Understanding Secularism(8th) Constitution A constitution is a written set of laws and fundamental principles to develop a relationship between the people and the government which comprises a number of articles about the state. The most critical function of a constitution is to provide a set of basic rules that allow for optimal coordination amongst members of the state. A constitution is a body of necessary codes, according to which a state is constituted and governed. The constitution specifies the necessary allocation of power between the various segments of the state. Indian diversities necessitated a Union of states, and the freedom movements favoured a democratic form of government. Accordingly, the Parliament in India decides the laws and policies of the country. The Constitution empowers the government to fulfill the aspirations of a society and create conditions for a just society. Part four of the Indian Constitution has provisions for the government to make laws to address many problems prevalent in Indian society. The Constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that the government may never trespass them. Do You Know? The Constitution is like any other law. It simply tells us what are the rules and regulations governing the government. The Constitution is the expression of the will of the people, so there must be a provision to change the Constitution after every ten or fifteen years. The Constitution is a statement of the philosophy of the country. It can never be changed. The Constitution is a sacred document. Therefore any talk of changing it is against democracy. The Constitution is called the Fundamental Law of Land. SUBJECT | polity 1 of 12  Download Testbook App There are still a few constitutions like that of the United Kingdom which do not have one single document, which could be called a district constitution. Requirement of the Constitution All democratic countries are likely to have a constitution, but on the other hand, it is not necessary that all countries that have a constitution are democratic. The constitution serves several purposes listed below. First, it generates a degree of trust and coordination that is necessary for different types of people to live together. Second, it specifies how the government will be formed, who will have the power to make decisions. Third, it sets limits on the powers of the government and tells us what are the rights of citizens. Fourth, it expresses the aspirations of the people about building a good society. It tells us what is the fundamental nature of our society. It helps to serve as a set of rules and principles on which all individuals of a country can agree, the way they want the country to be governed. The constitution also defines the nature of the political system of a country. For example, Nepal's earlier constitution stated that the country should be ruled by a king and his council of ministers. Do you know? Democracy in Nepal: The country of Nepal has seen the struggles of many people for democracy. In 1990 there was a mass struggle which established democracy which lasted for 12 years till 2002. In October 2002, Raja Gyanendra, citing the Maoist insurgency in the countryside as his reason, began to take over various aspects of the government with the help of the army. Raja eventually took over as head of government in February 2005. In November 2005, the Maoists joined other political parties to sign a 12-point agreement. The agreement signaled the imminent return of democracy and peace to the larger public. In 2006, this mass movement for democracy gained tremendous momentum. It repeatedly rejected the small princely states made by the king, and finally in April 2006, the king reinstated the third parliament and asked political parties to form the government. In 2008, Nepal became a democracy after the monarchy was abolished. SUBJECT | polity 2 of 12  Download Testbook App The Constitution often lays down rules that protect against this abuse of power by our political leaders. For example: In the Indian Constitution, the section on Fundamental Rights contains several laws. In a democracy, the constitution also ensures that an influential group does not use its power against other, less powerful people or groups. The Constitution helps protect us from certain decisions that we may take that may adversely affect the larger principles the country believes in. For example, it is possible that many people living in a democracy may feel strongly about that party. Politics has become so rigid that we need a strong dictator to establish this authority, however, dictatorial regime will not fit in the long run. Making of the Constitution The Constitution of India was prepared under very difficult circumstances. The country was born through partition on the basis of religious differences and was a painful experience for the people of India and Pakistan. The British left it to the rulers of the princely states to decide whether they wanted to merge with India or Pakistan or remain independent. The merger of these princely states was a difficult and uncertain task. When the Constitution was being written, the future of the country did not look as secure as it is today. The Constituent Assembly held its first meeting on 9 December 1946 and reassembled after partition of Pakistan as Constituent Assembly for the remaining India on 14th August 1947. The Path to the Constitution One of the major advantages for the framers of the Indian Constitution was that a consensus about what a democratic India should look like had already been developed during the freedom struggle. The Motilal Nehru committee had demanded a bill of rights as far back as in 1928. In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India, and in 1931, the resolution at the Karachi session of the Indian National Congress was based on what the constitution of independent India should look like. Both these documents included features such as universal adult suffrage, the right to liberty and equality, and the protection of the rights of minorities in the Constitution of independent India. These core values ​were accepted by all the leaders long before the Constituent Assembly meeting to discuss the Constitution. That is why the Indian Constitution adopted many institutional details and procedures from colonial laws such as the Government of India SUBJECT | polity 3 of 12  Download Testbook App Act, 1935. Many of our leaders were inspired by the ideals of the French Revolution, the practice of parliamentary democracy in Britain, and the Bill of Rights in America. Background of making of Indian Constitution The long experience of repressive rule under the colonial state convinced Indians that free India should be a democracy in which everyone should be treated equally and allowed to participate in government. In 1934, the Indian National Congress demanded a Constituent Assembly. During World War II, this claim for an independent Constituent Assembly composed only of Indians gained momentum and was convened in December 1946. The Constitution of India was prepared by a Constituent Assembly constituted under the Cabinet Mission Plan, 1946. According to this plan, Each Province and each Princely State or group of States were allotted seats proportional to their respective population roughly in the ratio of 1:10,00,000. As a result, the Assembly consisted of 389 members representing the Provinces (292), the States (93), the Chief Commissioner's Provinces (3) and Balochistan (1). The first meeting of the Legislative Assembly was held on 09 December 1946. Do you know? Princely States: During the British Rule there were about 560 areas which were not directly under the control of the British. These were Kingdoms or ‘Riyasats’ under Indian rulers or Princes. These were called ‘Princely States’. To name a few, Kashmir, Patiala, Hyderabad, Mysore, Baroda were some of the princely states. Dr. Satchidanand Sinha, the oldest member, was elected as the Provisional Speaker of the Legislative Assembly. While the work was going on, Dr. Satchidanand Sinha died. Dr. Rajendra Prasad was elected as the Speaker of the Legislative Assembly. Similarly, both H. C. Mukherjee and V. T. Krishnamachari were elected as Deputy Speakers of the Legislative Assembly. A group of 389 people became a member of the Constituent Assembly in 1946 and wrote the Constitution of India. Sardar Vallabhbhai, Jawaharlal Nehru, Maulana Azad, S Radhakrishnan, Vijayalakshmi Pandit and Sarojini Naidu were the members in the Constituent Assembly. There were also 15 women members in the Constituent Assembly. The Legislative Assembly met for 11 sessions with 166 days of sittings. During the discussion, 2473 amendments were introduced. SUBJECT | polity 4 of 12  Download Testbook App Between December 1946 and November 1949, the Constituent Assembly drafted a constitution for independent India. A drafting committee consisting of eight members was constituted for the drafting of the constitution and it was headed by BR Ambedkar (Chief Architect). BN Rao was appointed advisor. The legal experts on the drafting committee are Dr. BR Ambedkar, N. Gopalaswami, KM Munshi, Syed Ahmed Sadullah, B. Ale. Miter, N. Madhava Rao, TT Krishnamachari, TP Khaitan. When the constitution was drafted, there were 395 articles in 22 parts and 8 schedules. At present our Indian Constitution has 448 articles in 25 parts and 12 schedules. By March 2022 in the Indian constitution 105 amendments have been made. Constitutions of about 60 countries including UK, USA, former USSR, France, Switzerland etc. were thoroughly examined and their best features have been adopted by our constitution. Around 2000 amendments were made before the draft was finalized. It took a period of 2 years, 11 months and 17 days and a total of 166 sittings to finalize the constitution. About 64 lakh rupees were spent to make the constitution of India. It was completed on 26 November 1949. The constitution was accepted by the Constituent Assembly. Hence 26 November is celebrated as Constitution Day. While writing the Indian Constitution, these members took into account the different communities that speak different languages, belong to different religions, and have different cultures. Members of all religions were given representation. In addition, the Assembly had twenty eight members from the Scheduled Castes. In terms of political parties, the Congress dominated the Assembly occupying as many as eighty- two per cent of the seats in the Assembly after the Partition. Do you know? Prem Bihari Narayan Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in the fluent italic style. Preamble to the Indian Constitution The word 'Preamble' refers to the introduction or preamble of the Constitution. It contains the ideals, objectives and basic principles of the constitution. It is of great importance and has been described as the 'Key to the Constitution'. SUBJECT | polity 5 of 12  Download Testbook App Sovereignty: An independent country that is not subject to any outside power or influence. Socialist: Equal distribution of country's wealth and equal opportunities in all sectors. Secular: A state that does not discriminate against anyone on religious grounds. Democratic: A type of government in which representatives are elected by the people of that country. According to Abraham Lincoln, "Democracy is of the people, for the people, by the people". In India, the elected representatives form the government and this government is accountable to the people. Republic: India is not only a democratic nation but it is also a republic. The most important symbol of being a republic is the office of the head of state, that is, the president who is elected and not by heredity, as found in the monarchical system. This value strengthens and reinforces democracy where every citizen of India is equally eligible to be elected as the head of state. Political equality is the main message of this provision. Justice: Justice means social and economic justice to the people. Everyone should get food, clothing and shelter. They should get an opportunity to lead a dignified life. A welfare state should be established. All money should not be concentrated in the hands of a few people. Freedom: The Preamble stipulates freedom of thought, expression, belief, faith and worship as one of the core values. These are to be assured to every member of all communities. This has been done because the ideals of democracy cannot be achieved without the presence of certain minimum rights which are essential for the free and civilized existence of individuals. Equality: Equality means that no one should be discriminated on the basis of religion, language, sex, color etc. All citizens should have equal rights, opportunities and justice. All are equal in the eyes of the law. Fraternity: The Preamble also contains a commitment to promote the value of fraternity standing for the spirit of common brotherhood among all the people of India. In the absence of fraternity, a plural society like India is divided. Hence there is great emphasis on fraternity in the Preamble to give meaning to all the ideals like justice, liberty and equality. In fact, fraternity can be realized not only by abolishing untouchability among different sects of the community, but also by eliminating all communal or communal or even local discriminatory sentiments that stand in the way of the unity of India. Personality Dignity: To realize the dignity of the individual, it is necessary to promote fraternity. It is necessary to secure the dignity of every individual without which democracy cannot function. It ensures equal participation of every individual in all processes of democratic governance. Unity and Integrity of the Nation: As we have seen above, fraternity also promotes one of the important values, that is, the unity and integrity of the nation. The unity and SUBJECT | polity 6 of 12  Download Testbook App integrity of the nation is very necessary to keep the independence of the country intact. Therefore, the emphasis is on promoting unity among all the residents of the country. Our constitution expects all citizens of India to maintain and protect the unity and integrity of India as a duty. SUBJECT | polity 7 of 12  Download Testbook App Do you know? Our constitution was framed and came into existence from 26 January 1950. That's why we celebrate this day every year as Republic Day. There are other reasons for the existence of this constitution on 26 January 1950. When the Congress met in Lahore in 1929, the Congress members informally declared the same day as Poorna Diwas. Swaraj or the day of complete self-government. The following year, 26 January 1930 was celebrated as Independence Day. That day is celebrated as our Republic Day. The original copies of the Constitution of India (Hindi, English) are preserved in a special helium-filled vessel in the Library of the Parliament of India. Features of the Indian Constitution Longest Written Constitution: The Indian Constitution is considered to be the longest written constitution in the world. It contains different provisions for states and centre and their inter-relationship. The framers of the Constitution have borrowed provisions from several sources and several other Constitutions of the world. The Indian Constitution contains a detailed list of individual rights as fundamental rights, directive principles of state policy and details of administrative procedures. A unique blend of rigidity and flexibility: The Indian Constitution may be called rigid as well as flexible based on its amending procedure. A Constitution will be called a rigid Constitution if its provisions can be amended only through a special process of Constitutional amendment or through a separate amendment body and not through ordinary legislative process. Federal Constitutions do not permit Constitutional changes through the ordinary legislative process. Sovereign, Socialist, Secular, Democratic and Republic: The 42nd Amendment enlarged the Preamble of the Indian Constitution from “Sovereign Democratic Republic” to a “Sovereign Socialist Secular Democratic Republic,” and also changed the words “unity of the nation” to “unity and integrity of the nation.” Former Prime Minister, Indira Gandhi, enacted the 42nd Amendment in 1976, during the National Emergency. Sovereignty: Sovereignty is one of the foremost elements of any independent State. It means absolute independence, i.e., a government which is not controlled by any other power: internal or external. A country cannot have its own constitution without being sovereign. India is a sovereign country. It is free from external control. It can frame its policies. India is free to formulate its own foreign policy. SUBJECT | polity 8 of 12  Download Testbook App Socialist: The word socialist was not there in the Preamble of the Constitution in its original form. In 1976, the 42nd Amendment to the Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The word ‘Socialism’ had been used in the context of economic planning. It signifies a major role in the economy. It also means commitment to attain ideals like removal of inequalities, provision of minimum basic necessities to all equal pay for equal work. When you read about the Directive Principles of State Policy, you will see how these ideals have been incorporated as well as partly, implemented in the Constitution. Secularism: In the context of secularism in India, it is said that ‘India is neither religious, nor irreligious nor anti-religious.’ It implies that in India there will be no ‘State’ religion – the ‘State’ will not support any particular religion out of public funds. This has two implications: Every individual is free to believe in, and practice, any religion he/she belongs to, and, State will not discriminate against any individual or group on the basis of religion. Democratic Republic: Democracy is generally known as the government of the people, by the people and for the people. Effectively this means that the Government is elected by the people, it is responsible and accountable to the people. The democratic principles are highlighted with the provisions of universal adult franchise, elections, fundamental rights, and responsible government. The Preamble also declares India as a Republic. It means that the head of the State is the President who is indirectly elected and he is not a hereditary ruler as in the case of the British Monarch. Supremacy of the Constitution: The Constitution must be the supreme legal document in the country. All governments must follow the terms and conditions, procedures contained in the Constitution. No government can claim powers above the Constitution. Parliamentary System of Government: Parliament controls the functioning of the Council of Ministers, and hence it is called the Parliamentary system. In a parliamentary system of government, (i.e.) the executive is responsible to the legislature and remains in power only when it enjoys the confidence of the majority legislators. Distribution of Powers: The distribution of powers between Centre and States is the cardinal principle of any federal system. The Indian Constitution distributes powers between the two levels of governments in a comprehensive scheme. There are three lists of power distribution unlike in the classical federalism of the American Constitution where there is only a single mode of distribution. Bicameralism: The federal Constitutions provide for bicameralism. It refers to parliament having two houses. Indian Parliament is bicameral as it consists of two houses. The upper house is called Rajya Sabha or Council of States while the lower house is known as Lok Sabha or House of the People. The Council of States is the guardian of States’ rights and SUBJECT | polity 9 of 12  Download Testbook App it consists of the representatives of the States. All over the world the upper house is deemed to be the protector of States’ rights and interests. Single Constitution: India possesses only one constitution that caters to the needs of administration both in the centre and states. There is no concept of state constitutions though the state of Jammu and Kashmir had its own constitution due to historical circumstances. In classical federal countries like the United States the individual states possess their own constitution in addition to the national constitution. Single Citizenship: Indian Constitution has the provision for single citizenship provided by the union and recognized by all the states across India. Citizenship identifies those who are the lawful members of a country. The Citizenship Act, 1955 regulates the determination and acquisition of citizenship after the adoption of the Indian Constitution. Strong Centre and Weak States: It is generally accepted that the Indian Constitution has created a strong central government. It was necessary for the centre to have such powers because India at the time of independence was not only divided into provinces created by the British; but there were more than 500 princely states which had to be integrated into existing States or new States had to be created. Imbalanced Distribution of Powers: As the distribution of powers is the fulcrum of any federal system the state governments have complained that there is intrinsic imbalance and bias in favor of the central government in our constitution. Emergency Provisions: The articles 352 to 360 in Part XIII of our Constitution provide for three kinds of emergencies in India. Article 352: The Constitution can proclaim National Emergency. Article 356: The President can impose emergency in any State on the grounds of the breakdown of Constitutional machinery in the State. Article 360: The President can declare Financial Emergency. Election Commission: The National Election Commission conducts elections not only to Parliament but also to the State legislatures. There is a unified election machinery in charge of both Parliament and State legislature elections. The Chief Electoral Officer under the control of the Election Commission conducts the elections to the State legislatures. In the ideal federal systems, there is a separate election machinery for conducting elections to the State legislature. What is Indian Secularism? The Indian Constitution mandates that the Indian State be secular. According to the Constitution, only a secular State can realize its objectives to ensure the following: that one religious community does not dominate another; that some members do not dominate other members of the same religious community; SUBJECT | polity 10 of 12  Download Testbook App that the State does not enforce any particular religion nor take away the religious freedom of individuals. Indian Context: Indian secularism is unique and differs from the Western model. In India, secularism also involves the state's engagement with religion. The state can intervene in religious affairs if it is necessary to ensure equality within religious communities or between them. Aims of Indian Secularism: The core aim of secularism in India is to maintain peaceful coexistence among different religions, promote tolerance, and ensure that citizens of different faiths have equal rights and opportunities. No Official Religion: In line with secular principles, the Indian state does not endorse any religion as the state religion. It treats all religions with equal respect. Freedom of Religion: The chapter emphasizes the constitutional guarantee of the right to freedom of religion. This is encapsulated in the Constitution of India, which allows individuals the freedom to live by their religious beliefs and practices as long as these do not interfere with public order, morality, and health. The Role of the State: The state's role in ensuring secularism is highlighted. It includes interventions to prevent discrimination and injustice on the grounds of religion. An example provided in the book might include the state passing laws to prohibit practices that are discriminatory or harmful to sections of a religious community. Challenges: The chapter may also touch upon the challenges faced by secularism in India, including communalism and the politicization of religion. It discusses how these challenges can undermine secular principles and the importance of addressing them to maintain social harmony. SUBJECT | polity 11 of 12  Download Testbook App Do you Know? In the United States of America, most children in government schools have to begin their school day reciting the ‘Pledge of Allegiance’. This Pledge includes the words “under God”. It was established more than 60 years ago that government school students are not required to recite the Pledge if it conflicts with their religious beliefs. Despite this, there have been several legal challenges objecting to the phrase “under God” saying that it violates the separation between church and State that the First Amendment of the US Constitution guarantees. In February 2004, France passed a law banning students from wearing any conspicuous religious or political signs or symbols such as the Islamic headscarf, the Jewish skullcap, or large Christian crosses. This law has encountered a lot of resistance from immigrants who are mainly from the former French colonies of Algeria, Tunisia and Morocco. In the 1960s, France had faced a shortage of workers and, therefore, had provided visas for these immigrants to come and work in the country. The daughters of these immigrants often wear headscarves while attending school. However, with the passing of this new law, they have been expelled from their school for wearing headscarves. SUBJECT | polity 12 of 12