HANDWRITTEN NOTES

CLASS 11TH 'HUMANITIES' POLITICAL SCIENCE

Chapter-one

Constitution – Why and How?

Constitution- A constitution is a body of fundamental principles according to which a state is constituated or goverened. It is a document which comprises of a number of articles about the state.

Major functions of our constitution-

1] The first function of our constitution is to provide a set of basic rules that allow for minimal coordination amongest members of society.

2] To specify who has the power to make decisions in a society. It decides how the government will be constituted.

3] To set some limits on government and its citizens.

4] To enable the government to fulfil the aspirations of a society and create conditions for a just Society.

5] To express the fundamental identity of people.

→ political identity

→ Moral identity

→ Sharing of these values

NOTE on Constituent Assembly-

1] The Indian Constitution was made by a constituent assembly which had been elected for undivided India.

2] It held its first meeting on 9 December, 1946 and reassembled on 14 Aug. 1997.

3] The members of constituent assembly were elected indirect election by the members of the provincial legislative assemblies that had been established in 1935.

4] After the partition, those members who were elected from territories which fell under pakistan ceased to be members. of the constituent Assembly. The number in the assembly were reduced to 299 of which 284 were actually present on 26 Nov. 1949 and appended their sign to constitution.

5] Members of all religions were given representation as the members of assembly were not elected by universal suffrage, 26 members were from SCs.

6] In terms of political parties, the congress occupied 80% seats in the assembly. The assemblymet for 1 hundred and 66 days, spread over 2 years, 11 months and 18 days. Its sessions were open to press and public.

7] Finally, constitution came into force on 26 January 1950.

Objectives Resolution:

The Resolution that defined aims of Assembly. It was moved by Nehru on Dece. 13, 1946. It gives Expression to the ideals and aspirations of the people of INDIA.

Main points of objectives Resolution-

1] India is Independent, Souereign, Republic.

2] All powers and authority of Sovereign and Independent India and its constitution shall flow from the people.

3] The people of India shall be guaranteed and secured social, economic and political justice - equality of status and opportunities, equality before law, fundamental freedom etc.

4] The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards.

5] The territorial integrity of Republic and its Sovereign rights on land etc. shall be maintained according to justice and law of civilized nations.

6] The land would make full and willing contribution to the promotion of world peace and welfare of mankind.

Sources of Indian Constitution

Provisions adapted from constitutions of different countries-

Only those provisions were adopted from other constitutions of world which suited to Indian problems and aspirations. Some of these are given below:

British Constitution-

First Past the Post
Parliamentary Form of Government
The idea of the rule of law
Institution of the Speaker and her/his role
Law-making procedure

United States Constitution-

Charter of Fundamental Rights
Power of Judicial Review and independence of the judiciary

Irish Constitution -

Directive Principles of State Policy

French Constitution-

Principles of Liberty, Equality and Fraternity

Canadian Constitution-

A quasi-federal form of government (a federal system with a strong central government)
The idea of Residual Powers

Australian Constitution-

Concurrent list
Freedom of trade
Joint setting of parliament

German Constitution-

Emergency provisions
President's power to impose emergency.

Features of Indian constitution

1] The lengthiest constitution: Indian constitution is a written as constitution. It is the lengthiest constitution in the world. It has 395 Articles, 12 Schedules. It is a book of 250 pages.

2] The fundamental Rights and the Directive principles of State policy- In our constitution, Indian citizens have been provided with 6 fundamental Rights, for the establishment of Social, economic democracy. Some directions have been given to the central and state Govt.

3] A unique blend of unitary and federal Govts:- Acc. to Indian constitution, India is federal and it looks federal, but it has unitary bias. Thus Indian constitution is federal in form but unitary in spirit.

4] Fundamental Duties: By the 42nd Amendment in 1976, 10 fundamental duties have been also incorporated in the Indian constitution.

5] Blend of flexibility and Rigidity: Some of the articles as change in the name of any state or in boundaries are amended by simple majority.

→ Some Articles are amended by 2/3 majority of the members of house present.

Framing of Indian Constitution

1] The constitution was made by the constituent assembly which had been elected for undivided India.

2] As a consequence of the partition under me plan of 3 June 1947 those members who were elected from territories which fall under pakistan ceased to be members of constituent assembly.

→ the numbers the assembly were reduced to 299 of which 284 were actually present on 26 Nov. 1949 and Appended their sign -- Constitution finally passed.

3] As the constitution making was in progress. There was demand of continuing separate electorates. But it was not accepted as it was not good for national integration.

4] In the constitution making, there was debate for over 2 years and more than 2000 Amendments were moved.

The Assembly met for 166 days, spread over 2 years, 11 months and 18 days. Its sessions were open to press and public.

5] Two months later, on Jan. 26, 1950; India became a Republic

President of Constituent Assembly - Dr. Rajendra Prasad

Chairman of Drafting Committe - Dr. B.R. Ambedhker.

Cabinet mission's suggestions to frame constituent Assembly?

1] Each province and each princely state (Group of States) were alloted seats proportional to their respective population.

2] The provinces (under british rule) were to elect 292 members while princely states were alloted a minimum of 93 seats.

3] The seats in each province were distributed among three communities- muslims, sikhs and General.

4] Members of each community in the provincial legislative Assembly elected their own representatives by the method of Proportional representation with Single Transfer Vote.

5] The method of selection for representatives of princely States was to determined by consultation.

PREAMBLE- The preamble to the constitution mirrors the Spirit of the constitution. The preamble serves the purpose of a window through which we peep into the intentions of the makers of the constitution.

Nature of State acc. to preamble of the Indian constitution-

1] India is a Sovereign state.

2] India is a secular State.

3] India is a socialistic state; and

4] India is a Democratic Republic.

Republic - Republic is a state where head of the state is the president who is elected by the elected members of the parliament and state legislative assemblies.

Liberty - It means freedom of individual to live a decent life. It covers freedom of thought, expression, belief, faith and worship.

END

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