Delhi public School, Ranipur, Haridwar (2024-2025)

Chapter 1 The Indian Constitution (19.04.2024)

Notes

Introduction: After India attained independence from the British rule on 15th August, 1947, there
was a new dawn for Indians. Attainment of Independence brought a new responsibility for the
Indians – the responsibility to govern the country by themselves.

What is the Constitution?

Ans: The Constitution is a set of rules and regulations that governs the people of a country. It
constitutes of various fundamentals that helps us to know the nature of society that exists in a
country.

Indian Constitution: The document lays down the framework that demarcates the fundamental
political code, structure, procedures, powers and duties of government institutions and sets out
fundamental rights, directive principles and the duties of citizens.

Why do we need a 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 as listed below.

Three significant reasons why we need a Constitution

1. It lays out certain ideals that form the basis of the kind of country that we as citizens
aspire to live in. Constitution tells us the fundamental nature of our society.
2. A country is usually made up of different communities of people who share certain
beliefs but may not necessarily agree on all issues. A constitution helps serve as a set of
rules and principles that all persons in a country can agree upon as the basis of the way in
which they want the country to be governed.
3. Constitution includes not only the type of government but also an agreement on certain
ideals that the people believe the country should uphold.

The freedom struggle in Nepal: The people's struggle for freedom started in 1990.
Democracy was ascertained, but it only lasted 12 years. The Constitution adopted by Nepal in
1990 reflected that the final authority lies with the King. King Gyanendra, with the assistance of
the army, began taking over the government in 2002. In 2005, he finally took over the
government. In 2006, the movement of democracy started and the third parliament was restored
in April. In 2008, Nepal abolished the monarchy and adopted democracy. It takes time to form
new rules and regulations, finally in 2015 Nepal adopted a new constitution.

The Indian Constitution: Key Features

A group of 308 people became members of the Constituent Assembly in 1946 and had written
India’s Constitution. While writing the Indian Constitution, these members of the assembly
signed two copies of the document (one each in Hindi and English) on 24 January 1950.

When was the Indian Constitution written?

Ans: It took two years 11 months and 18 days i.e. from December 1946 to November 1949 to
complete the drafting of the Indian Constitution. The Constitution was adopted on 26th
November, 1949 and came into effect on 26th January, 1950. Dr. B. R. Ambedkar was the
Chairman of the Constitution drafting committee .
Listed below are the key features of the Indian Constitution.

a) Federalism
This refers to the existence of more than one level of government in the country. In India, we
have governments at the state level, at the centre and Panchayati Raj at the village level. The
Constitution contains lists that detail the issues that each tier of government can make laws on.
In addition, the Constitution also specifies where each tier of government can get the money
from, for the work that it does. All persons in India are governed by laws and policies made by
each of these levels of government.

b) Parliamentary Form of Government

The people of India have a direct role in electing their representatives. Also, every citizen of the
country, irrespective of his/her social background, can contest in elections.

c) Separation of Powers
There are 3 organs of government:

1. The legislature refers to elected representatives by the people.

2. The executive is a smaller group of people who are responsible for implementing laws
and running the government.
3. The judiciary refers to the system of courts in India.
Each organ mentioned above acts as a check on the other organs of government. This ensures
the balance of power between all three.
d) Fundamental Rights: The Constitution guarantees the rights of individuals against the State
as well as against other individuals. It also guarantees the rights of minorities against the
majority.

The Fundamental Rights in the Indian Constitution include:

1. Right to Equality: All persons are equal before the law. This means that all persons
shall be equally protected by the laws of the country. It also states that no citizen can be
discriminated against on the basis of their religion, caste or sex. Every person has access
to all public places including playgrounds, hotels, shops etc. The States cannot
discriminate against anyone in matters of employment.
2. Right to Freedom: This includes the right to freedom of speech and expression, the right
to assemble peaceably and without arms, the right to form associations or unions, the
right to move freely throughout the territory of India, the right to reside in any part of the
country, and the right to practice any profession, occupation or business.
3. Right against Exploitation: The Constitution prohibits human trafficking, forced labour,
and children working under 14 years of age.
4. Right to Freedom of Religion: Religious freedom is provided to all citizens. Every
person has the right to practice, profess and propagate the religion of his / her choice.
5. Cultural and Educational Rights: The Constitution states that all minorities, religious
or linguistic, can set up their own educational institutions in order to preserve and
develop their own culture.
6. Right to Constitutional Remedies: This allows citizens to move the court if they believe
that any of their Fundamental Rights have been violated by the State.
e) Directive Principles of State Policy- This section was designed by the members of the
Constituent Assembly to ensure greater social and economic reforms and to serve as a guide to
the independent Indian State to institute laws and policies that help reduce the poverty of the
masses. These directive Principles include equal pay, for equal work, conditions of work, a
decent standard of life etc.

f) Fundamental Duties- A code of conduct for each of us called Fundamental Duties. It is

essential for us to understand that for every right we enjoy, we have a corresponding duty.

g) Secularism- A secular state is one in which the state does not officially promote any one
religion as the state religion. All citizens have the fundamental right to follow and propagate
their own religion. The state cannot discriminate between the citizens on the ground of religion.