PRUDENCE, ASHOK VIHAR

SOCIAL SCIENCE
2020-21
GRADE VIII
SOCIAL AND POLITICAL LIFE
CH-1: THE INDIAN CONSTITUTION

CONSTITUTION:-

• Constitution is a set of rules and regulations by which a nation [country] functions.

• It is often in the form of a written document.
• It defines the fundamental political principles, establishes the structure, procedures, powers and duties
of a government.

NEED OF A CONSTITUTION IN A COUNTRY:-

Constitution is important or crucial for the working of democracy for the following reasons:

• A Constitution tells us about the fundamental nature of our society. E.g. It tells us whether a country is a
democracy or not.
• It serves as a set of rules and principles that a country can be governed by.
• A Constitution defines the nature of a country’s political system. E.g. A Constitution tells us how the government
will be formed etc.
• A Constitution lays out certain important guidelines for the decision-making within the societies.
• A Constitution provides safeguards against misuse of authority.
• It ensures that a dominant group does not use its power against other, less powerful people or groups. In other
words, it helps to prevent tyranny or domination by the majority on a minority.
• Constitution does not allow the impulse or urge to change its basic structure. So, we cannot change the
democratic set up of our country.
CASE STUDY OF NEPAL

STRUGGLE FOR DEMOCRACY AND THE FORMATION OF A CONSTITUTION

• Nepal is a small Hindu country in the Himalayas. It was ruled by monarchs till 1990, after that democracy was
established there for next 12 years after a long struggle for it.
• According to Constitution of 1990, the king of the Nepal held the supreme authority and he could exercise all the
powers as he desired.
• The executive power of the kingdom of Nepal was exercised exclusively by his Majesty.
• The executive power of Nepal followed the Constitution and other laws.

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• It did not reflect the ideals of a democratic nation.
• In October, 2002, again the king took all the powers in his hands with the help of the army by giving the reason
of Maoist uprising in the country.
• King Gyanendra, became the head of the government in February 2005. The Maoist joined hands with other
political parties and signed a 12 point agreement demanding peace and democracy in the country.
• Finally, in 2006 the king had to accept the public demands and restore the democracy in the country by inviting
the political parties to form the national government in Nepal.
• According to 2007 Interim Constitution, the executive powers were now shared by a council of ministers under
the leadership of prime minister.
• Clearly the 2007 Interim Constitution reflects the ideals of a democratic nation.
• All the executive powers lay in the hands of council of ministers who would be elected by the citizens of Nepal.

THE INDIAN CONSTITUTION

THE CONSTITUENT ASSEMBLY AND THE FRAMING OF THE CONSTITUTION:-

• The planning for the Constitution started much before the independence.
• The long experience of authoritarian rule of British prepared the Indians for the democratic setup in the country.
• The Constituent Assembly was formed in 1946 with nearly 300 members that took around three years to write
the Constitution.
• The Constitution was adopted and came into force on 26th January 1950 by the Indian Republic.
• Dr. Babasaheb Bheem Rao Ambedkar is known as the Father of the Indian Constitution.
• The Indian Constitution was passed by the Constituent Assembly on November 26, 1949.
• The President of the Constituent Assembly was Dr. Rajendra Prasad.
• The Chairman of Drafting Committee of Indian Constitution was Dr. B. R. Ambedkar.

PRIME / SALIENT FEATURES OF INDIAN CONSTITUTION:-

A] FEDERALISM:-
• It refers to more than one level of the governments.
• In India we have three levels of government-
A] National government at the centre.
B] State level government in the states.
C] Panchayti Raj or the local level government.
• Each state in India enjoys autonomy in exercising powers on certain issues.
• All the states also follow the laws of the central government.
• The Constitution contains the lists of the issues that each tier of the government can make laws on.
• It also specifies the sources of money for the different tiers of the government.
• All the people of India are governed by the laws and policies of all the tiers/levels of the government.

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 B] PARLIAMENTARY FORM OF GOVERNMENT:-
The different levels of the government in India are formed consisting representatives elected by the people.
• Constitution of India guarantees Universal Adult Franchise to all the citizens of India.
• The people have direct role in electing their representatives and forming the government.
• All the people irrespective of any colour, caste, religion or creed can contest in the elections.
• These representatives are answerable and accountable to the people.

C] SECULARISM:-
India is a secular state where:-
1. A state does not have any official religion.
2. It doesn’t promote or force any one specific religion as the state religion.
3. It gives the freedom to the citizens to follow, propagate or promote any religion of their choice.
D] SEPARATION OF POWERS:-

• There are three organs of the state-Legislature, Judiciary and the Executive.
• The Legislature:-Refers to our elected representatives.
• The Judiciary:-System of courts.
• The Executive:-Group of people who implement laws and run the government.
• Each of the organs exercises different powers.
• By keeping a check on each other, each organ ensures balance of power to avoid the misuse of power.

E] PROVISION OF FUNDAMENTAL RIGHTS

1. RIGHT TO EQUALITY:-
• Equality before law-– equal protection of laws
• Prohibition of discrimination-on grounds of religion, race, caste, sex or place of birth – equal access to shops,
hotels, wells, tanks, bathing ghats, roads etc.
• Equality of opportunity in public employment
• Abolition of untouchability
• Abolition of titles

2. RIGHT TO FREEDOM:-

• Freedom of speech and expression;

• To assemble peacefully; to form associations/unions;
• Move freely throughout the territory of India;
• Reside and settle in any part of India;
• Practise any profession, or to carry on any occupation, trade or business.

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 3. RIGHT AGAINST EXPLOITATION
• Prohibition of trafficking in human beings and forced labour.
• Prohibition of employment of children in hazardous jobs.

4. RIGHT TO FREEDOM OF RELIGION

• Freedom of conscience and free profession, practice and propagation of religion
• Freedom to manage religious affairs
• Freedom to pay taxes for promotion of any particular religion
• Freedom to attend religious instruction or worship in certain educational institutions

5. CULTURAL AND EDUCATIONAL RIGHTS

• Protection of language, culture of minorities.
• Right of minorities to establish educational institutions

6. RIGHT TO CONSTITUTIONAL REMEDIES

• Right to move the courts to issue directions/orders/writs for violation or enforcement of Fundamental Rights.

NOTE:
1. DIRECTIVE PRINCIPLES AND THEIR OBJECTIVES:-
• Directive Principles lay down certain guidelines for our Government to achieve our National goals especially for
attaining greater social and economic reforms.
• These guidelines aim at establishing a welfare state.
• The Government must keep in mind these guidelines while formulating policies and making laws in the day-to-
day administration.
• Directive Principles are mentioned in Part IV of Indian Constitution.
OBJECTIVES

• High standard of living to the people

• Ways and means to improve a comfortable living
• Serving the interests of the poor
• Preventing the accumulation of wealth by a single individual.
• Ensuring the proper use of the country’s wealth for the benefit of all.

2. DIFFERENCE BETWEEN A STATE AND A GOVERNMENT:-

STATE GOVERNMENT

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 It is a sovereign, political institution.
It has an independent and definite
territory.
The state is more than just a
government.
E.g.:- State of Nepal, State of Bhutan
etc.
It administers the State and enforces
the laws.
It can be changed by elections.
The government [executive] is a
part of a State.
E.g.:-The government of U.P, the
government of Delhi etc.