Theme7/

The Constitution
of India
Constitution of India is the supreme law of the land. It contains the fundamental rules +k
The
help us to grow into responsibla
govern its politics and society. Understanding the main features
citizens.

The Constitution was framed after much thought and deliberation, by the Constituent Assembly,
under the able guidance of Dr B.R. Ambedkar. The Constitution of India is one of the longest and
most composite constitutions. It ensures equality, justice and equal opportunities tÍ all its citizens.
The Constitution of India is agrowing document with the scope to change and adapt with the
changing times, keeping in mind the needs of the people, while retaining the original intention of
the Constituent Assembly.

122,
 The Constitution
(14 of India
Let's learn about..
the idea of a constitution and its purpose. Key Ternms
the role of the Constituent Assembly. constitution

the Preamble, its aims and objectives. Constituent Assembly

Preamble
the contribution of great Indian thinkers in
framing the constitution of India.

Reflect
India has always been an agricultural state. Did the farmers have to pay taxes earlier too?

What is the Constitution?

The constitution is a document that lays down
the political values of a country, the rules for the
government and the rights of the.citizen. It is the
supreme law of the land. As early as 1938, the need
for a constitution for free India was felt. Pandit
Nehru proposed that the Indian Constitution should
be framed without interference from outside. He
proposed that a body be created on the basis of
universal adult franchise to undertake this task. Drafting of the Indian Constitution
The constitution was drafted by the Constituent Assembly, a body that was indirectly elected and
represented the people of the different religions and social classes. The Constituent Assembly met
Tor the first time on the 9 December 1946, The chairman of the Constituent Assembly was Dr
Rajendra Prasad, ADrafting Committee of eight members was set up to study the constitutions of
different countries and consider how to deal with the cultural, linguistic and religious diversity of
India. Dr B. R. Ambedkar was the chairman of the Drafting Committee. It took nearly three years to
complete the draft constitution and the new constitution came into effect on 26 January 1950. Thus,
26 January iscelebrated as Republic Day every year.
2 4ecurs ro t s 1 doy
anivesal adult franchise: the right to vote should be given to all adult citizens without the
colour, religion or gender discrimination of caste, class,
+he eommitutea enpletd
Everything that the ruling party needs to know, in order to govern the
nation, is laid down in the constitution. This includes details like how
many members there should be in the parliament, the number of states,
the rights of the centraland state governments and the rightsand duties
of Indian citizens.

The Indian Constitution is the longest constitution in the world. It

consists of the Preamble, 22 parts, 448 articles and 12 schedules. The
constitution also contains provisions by which it can be amended. The
Indian Constitution isone of the most frequently amended constitutions.
Thus, it is constantly growing and adapting to the needs of the time.
Our constitution has often been called a 'bag of borrowings. It has Dr B. R. Ambedkar
drawn from the constitutions of many countries; the concept of
the Five Year Plans (FYP)was taken from the USSR, the directive FactPedia
principles (socio-economic rights) were taken from Ireland, The origin of most
thejdeals of liberty, equality and fraternity were taken from world constitutions
the French Constitution, the Preamble to our constitution was
is the Magna Carta,
inspired by the Preamble to the Constitution of the United States which was signed in
of America, which also starts with We the people and finally,
the fundamental rights recognized by our constitution have been 1215, in England.
adopted, again, from the American Constitution The Indian
Constitution recognizes nine fundamental rights
as the basic human rights of all its citizens.

The Preamble
ThePreamble of India states that,
We the people of India, having solemnly resolved
toconstitute India into asovereign socialist
secular democratic republicand to secure to all
its citizens: justice, social, economic andpolitical;
liberty of thought, expression, belief faith and
worship; equality of status and of opportunity; and
topromote among them all fraternity assuring
the dignity of the individual and the unity and
integrity of the Nation; In our constituent assembly
this twenty-sixth day of November, 1949, do
hereby adopt, enact and give to ourselves this
constitution."
The Preamble is not enforceable by law. It means
that no one can seek the help of the law for
cONSTITUTIONOFINDIA
PREAMBLE
WETHE PEOFLE OF INDIA,havingsolenaly rGolbved to
cOAsiute ndia into aSOVEREIGN SOCIALIST SECOLAR
DEMOCRATIC REPUBLICand (osecure toall its cit, en
SUSTICE, S0cial,economic and political;
LBERTY of though, erpresion, belict fith and wosaip;
OUALITYof status and of opporbnity}
and to promiateamosg them al
RATRNTY asuring the dignity of the Bdividuaf and thie ny
ABd ntegrily of the Nation;
INOUR CONSTITUENT ASSEMBLY his trenty-sndhdt
af Noember 949,do HEREBY ADORT ENACT AND GIVE
T0 OURSELVES THS CONSTITUTION.
The Preamble

f124%
 that it
implementationof the ideas of the Preamble. However, the importance of this document is
power, that is the people, and the
is the key to interpret the constiution. It establishes the source of
guidelines for the government.
The following terns have been included in the Preamble.
FactPedia
Sovereign: The people of India are free from the control of Ahe constitution was a
any foreign power. The government is elected directly by handwritten document.
the people and the elected government makes all the laws The original handwritten
of the land.) ( I copies are kept in helium
Zocialist: There should be social and economic equality, flled cases in the Líbrary
and no one can be discriminated against on the basis of of the Parliament House.
caste, creed or gender. It ensures equal rights for everyone
to earn their livelihood.
This was added, by the 42nd Amendment Act in 1976, to bridge the gap between the rich and the
poor and raise the standard of living.
Secular: The government cannot favour any one religion. Though India is a Hindu-majority
country people are free to follow other religions if they choose to do so.
Democratic: The government comprises leaders elected by the peopie. Figure Out
Each person from any region or constituency who is above the age of Whaa is the current
18 years has the right to vote for their representatives to the government. poitical situation in
(The government is for the people, elected by the peopleand looks after Myanmar?
thewell being of the people.
Republic: The head of the government is an elected president. This post is not hereditary and the
president is elected for a fixed period of five years. India became a Republic in 1950.
The Preamble sets down clear objectives for the government of the country. The primary aim of
the government is to enforce and establish justice, liberty, equality and fraternity. There should be
no discrimination on the grounds of caste, race, gender or religion, no discrimination on grounds
of economic status and all citizens, above the age of 18 years, have the right to vote for their
representatives in the government.

Features of the Indian Constitution

Flexible and Heic Some parts of the constitution can be amended by a simple majority in
the parliament. Some of itcan be amended only by atwo-thirds majority.The makers of the
constitution made a provision to change certain parts of the constitution. This was done because
India is avast country and the needs and requirements of the people could change. The laws need to
be ch¡nged to keep them from becoming obsoleté. yhe basic structure Cannot be amended.
Single citizenship: Unlike in the USA, where people have duai citizenship, making them citizens of
a state and the country, every person born in India is an Indian, irrespective of which state he or she
belongs to.)
Federalism: The powersof the government are divided between Green Earth
the centre and the state. Their powers are clearly stated. Laws of A fundamental duty,
nationalimportance aremade by the centre while the states have which is given in the
the authority to make laws suitable for the states. This is referred constitution to protect
toas a federal form of government. and improve the natural
environment, should be
Separation of Powers: During the 18h century, the French performed by all citizens.
philosopher, Montesquieu, propagated the idea of separating
the powers of the three organs of the government. The Indian
Constitution follows this idea propounded during the French Revolution in
1789. The three organs of the government-the legislature, the executive and
the judiciary--have powers and responsibilities clearly differentiated from each
other in order to ensure smooth functioning of the government(he legislature
makes laws, the executive implementsthose laws and the judiciary enforces
them. Thus, the three organs work effectively in tandem with each other.
Independent Judiciary: The judiciary,or the courts of law, is beyond the control Montesquie.
of the prime minister and the cabinet (executive). The executive cannot remove
judge and their salaries and privileges cannot be tampered with.
Parliamentary form of government: The representatives of the parliament are elected by the
people. The real power rests with the executive, and the executive is answerable to the legislatsre.
The prime minister is the real head of the nation, while the president is the
ceremonial head.
Secularism: This means that there is no 'state religion' in India. Every individual is free to believe
in, and practice, any religion he/she belongs to. The constitution of India assures the
that the state will not discriminate against any individual or a
Indian citizens
group on the basis of their religion.
The constitution also enumerates the fundamental rights of the
citizens along with the
corresponding fundamental duties. It also includes the directive principles of state policy which are
the guidelines for the government.

126, Parliament of India