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Indian Constitution: Design and Features

The document provides an overview of the key aspects of the Indian constitution, including how it was created, its main features and principles. It explains that the constitution was drafted by the Constituent Assembly and adopted on November 26, 1949, setting out fundamental rights and establishing India as a sovereign, socialist, secular and democratic republic. The preamble outlines the guiding principles of justice, liberty, equality and fraternity.

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Manas Agrawal
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0% found this document useful (0 votes)
117 views4 pages

Indian Constitution: Design and Features

The document provides an overview of the key aspects of the Indian constitution, including how it was created, its main features and principles. It explains that the constitution was drafted by the Constituent Assembly and adopted on November 26, 1949, setting out fundamental rights and establishing India as a sovereign, socialist, secular and democratic republic. The preamble outlines the guiding principles of justice, liberty, equality and fraternity.

Uploaded by

Manas Agrawal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Constitutional Design

Constitution :-

The constitution of a country is set of written rules that are accepted by all people living together. Constitution is
the supreme law that determines the relationship among citizens and also between the citizens and government.

Why do we need a constitution?

To form a democratic government and decide its functions.

To decide the jurisdiction of various organs of the government.

To build a good society.

To prevent the government from abusing its powers.

To secure the rights of citizens.

CONSTITUTION : A SET OF WRITTEN RULES :-

The Constitution of a country is a set of written rules that are accepted by all people living in a country.

Functions of the Constitution :-

It generates a degree of trust and coordination between people that is necessary for the different kinds of people living
together.

It specifies how the government will be constituted and who will have power to make which decisions.

It lays down limits to the power of the government and also specifies the rights of the citizens.

It also expresses the aspirations of the people about creating a good society.

MAKING OF THE INDIAN CONSTITUTION :-

The Indian Constitution was made under difficult circumstances.

It was not an easy task to make the constitution For a huge and diverse country like India.

Partition on the religious basis had killed people on both sides of the border,

The merger of the princely states was a tough and uncertain task.

The future of the country did not look as secure as it does today.

The Constitution makers were anxious about the present and future of nation.

Circumstances at the time of making of the Indian Constitution :-

India was still the colony of the Britain.

Partition of the country on religious basis.


Large scale violence; at least 10 lakh people were killed.

Refugee problem

Merger of the princely states.

Economically a poor country.

Beginning of the making of Indian Constitution :-

In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.

At the Karachi session of the Indian National Congress in 1931, the leaders decided on how the Indian Constitution
should look like.

Universal Adult Franchise, Rights to freedom and equality, Rights of minorities, etc., were some important topics
discussed in both these documents.

Many of our leaders were inspired by the ideals of the French Revolution, the Socialist Revolution of Russia, the
practice of parliamentary democracy in Britain and the Bill of Rights in the U.S.

THE CONSTITUENT ASSEMBLY :-

The drafting of the Constitution was done by an assembly of elected representatives called the Constituent
Assembly.

THE CONSTITUENT ASSEMBLY OF INDIA :-

The constitution of India was written by the Constituent Assembly comprising 299 members.

It was adopted on November 26 , 1949.

Dr. B. R. Ambedkar was the chairman of the Drafting Committee.

Dr. Rajendra Prasad was the President of the Constituent Assembly.

DRAFTING COMMITTEE :-

A Drafting Committee under the Chairmanship of Dr. BR Ambedkar, prepared a Draft Constitution for discussion.

Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved.

Indian Constitution fully Implemented :-

The Constitution of India was implemented on January 26, 1950. To mark this day we celebrate January 26, as
Republic Day every year.

LEGITIMACY OF INDIAN CONSTITUTION :-

We accepted the Constitution made by the Constituent Assembly more than 50 years ago.

The Constitution does not reflect the view of its members alone, it expresses a broad consensus of its time.

No large social group or political party has ever questioned its legitimacy.

The Constituent Assembly represented members from different language groups, castes, classes, religions and
occupations.
Important features of Indian constitution :-

Our constitution is the longest known constitution.

It has been drawn from different sources and from several constitution of the world.

Our constitution is more flexible than rigid. Required constitutional amendments can be incorporated.

Provision of Fundamental rights and Fundamental duties.

Provision of universal adult franchise.

Parliamentary form of government

Federal structure

Independent judiciary

Amendment :-

It is a term which means change or modification. It is used in connection with changes made in the constitution of a
country.

Treason :-

the crime of betraying one’s country.

CONSTITUTIONAL AMENDMENTS :-

As Constitution is a highly detailed document, it needs to be amended regularly to keep it up to date with the
changing times.

Those who made the constitution thought that it must be in accordance with people’s aspirations and changes in
society.

So, the makers of the constitution made a provision for making such amendments to the constitution from time to
time. These changes are called Constitutional Amendments.

Preamble :-

The Preamble is an introduction to the constitution which contains the ideas and basic principles of the Indian
Constitution.

Purpose of the Preamble :-

It indicates the source from which the Constitution derives its authority. (We, the people of India.)

It states the objectives of the Constitution.

It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or
bad.

Philosophy of Indian Constitution :-

We, the People of India


Sovereign

Socialist

Secular

Democratic

Republic

Justice

Liberty

Equality

Fraternity

We the People of India :- The constitution has been drawn up and enacted by the people through their
representatives, and not handed down to them by a king or any outside power.

Sovereign :- People have supreme right to make decisions on internal as well as external matters. No external
power can dictate the government of India.

Socialist :- Wealth is generated socially should be shared equally by society. Government should regulate the
ownership of land and industry to reduce socio-economic inequalities.

Secular :- Citizen have complete freedom to follow any religion. But there is no official religion. Government treats
all religious beliefs and practices with equal respect.

Democratic :- A form of government where people enjoy equal political rights, elect their rulers and hold them
accountable. The government is run according to some basic rules.

Republic :- The head of the state is an elected person and not a hereditary position.

Justice :- Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to
be reduced. Government should work for the welfare of all, especially of the disadvantaged groups.

Liberty :- There are no unreasonable restrictions on the citizens in what they think, how they wish to express their
thoughts and the way they wish to follow up their thoughts in action.

Equality :- All are equal before the law. The traditional social inequalities have to be ended. We should ensure
equal opportunity for all.

Fraternity :- All of us should behave as if we are members of the same family. No one should treat a fellow citizen
as inferior.

Common questions

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The Indian Constitution balances flexibility and rigidity through its amendment process, allowing it to adapt to changing societal needs while maintaining core principles. Its detailed structure includes provisions for amendments, enabling updates without compromising the foundational democratic framework. This adaptability ensures that the Constitution remains relevant while safeguarding essential rights and duties .

International democratic ideals profoundly influenced the Indian Constitution, evidenced by inspirations drawn from the French Revolution, Russian Socialist ideals, British parliamentary democracy, and the US Bill of Rights. These influences shaped its democratic, socialist, and republican frameworks, ensuring a comprehensive and adaptable governance system .

A constitution serves several crucial functions in forming and maintaining a democratic government: it delineates the relationship among citizens and between citizens and the government, defines the jurisdiction of various government organs, prevents government abuse of power, secures citizens' rights, generates trust and coordination, specifies government structure and decision-making authority, limits governmental power, and expresses the aspirations of creating a good society .

Fundamental rights and duties in the Indian Constitution play a pivotal role in ensuring citizens' freedoms and responsibilities, laying the foundation for a balanced society. Fundamental rights protect individual liberties against state encroachments, while duties emphasize civic responsibilities, promoting national unity and adherence to constitutional principles .

The Indian Constitution reflects a broad consensus by involving diverse representation from different language groups, castes, classes, religions, and occupations in the Constituent Assembly. This representative approach ensured that it was not just the views of the assembly members but a comprehensive consensus of the time, thereby achieving legitimacy without disputes from major social or political groups .

The socio-political context during the making of the Indian Constitution significantly influenced its formation. The circumstances included partition based on religion leading to large-scale violence and refugee issues, a colonial past with economic hardships, and the merging of princely states, which created a complex environment for constitution drafters. Influenced by these challenges and inspired by global democratic ideals, the framers aimed to create a robust framework that ensured rights and democracy .

The concept of 'Justice' in the Indian Constitution seeks to address social inequalities by prohibiting discrimination based on caste, religion, or gender, and prioritizing the reduction of social disparities. The government is mandated to work towards the welfare of all citizens, particularly focusing on disadvantaged groups, thereby fostering a more equitable society .

The concept of fraternity in the Indian Constitution promotes national unity by advocating for a sense of brotherhood among citizens, encouraging them to perceive each other as family members, and eliminating the notion of inferiority among fellow citizens. This principle fosters a more cohesive and harmonious society, vital for a diverse nation like India .

The Indian Constitution integrates socialism by ensuring equitable distribution of wealth and government regulation to reduce socio-economic inequalities. Secularism is embedded through freedom of religious practice without official state religion and equitable treatment of all religions. Democracy is ensured by granting equal political rights, allowing citizens to elect and hold rulers accountable within a rule-based government system .

The Preamble of the Indian Constitution is significant as it serves as an introduction and outlines fundamental values and principles. It highlights the source of sovereign power as 'We, the People of India,' and sets objectives like maintaining justice, liberty, equality, and fraternity. It provides a benchmark to assess the constitutionality of laws and government actions, ensuring transparency and adherence to these foundational principles .

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