Class 11 Political Science Notes Chapter 1
CONSTITUTION: WHY & HOW
The term constitution is derived from Latin word ‘constiture’ which means ‘to establish’.
ORIGIN OF THE TERM CONSTITUTION
The term constitution is derived from Latin word ‘constiture’ which means
‘to establish’.
WHAT IS CONSTITUTION
Constitution is the basis or fundamental laws of a state.
TYPES OF CONSTITUTION
There are four types of constitution
1. Written Constitution
2. Unwritten Constitution
3. Rigid Constitution
4. Flexible Constitution
Written Constitution
If the constitution of a state are in a written form it is called written constitution.
E.g. India.
Unwritten Constitution
If the constitution of a state are in a unwritten form it is called unwritten
constitution. E.g. Britain
Rigid Constitution
If the constitution of a state cannot be amended easily it is called rigid constitution.
Eg. America
Flexible Constitution
If the constitution of a state can be amended easily it is called flexible constitution.
Eg. Britain
FUNCTIONS OF CONSTITUTION
1. To provide a set of basic laws to coordinate the people of a given society.
2. To specify which institution has the decision making authority in a country
or society.
3. To limit the powers of the government.
4. To enable the government and to fulfill the aspiration and goal of society.
FUNDAMENTAL IDENTITY OF THE PEOPLE
Constitution make some basic laws. These laws explain who should rule the society
and how it should be ruled. It is called national identity or fundamental identity.
POLITICAL IDENTITY
By accepting the basic rules and regulation by the people. It is called political
identity
MORAL IDENTITY
Moral identity means what should do and what shouldn’t be do. It represent the
values of society. It is called moral identity.
AUTHORITY OF A CONSTITUTION
Constitution provides liberty, equality, peace and security to people while a
constitution ensure all of these rights such constitution can keep the authority of a
constitution.
MODE OF DECLARATION OR PROMULGATION
• It means how a constitution came to exist.
• There are some countries which constitution doesn’t work properly.
Because, the constitution was prepared by military chiefs or dictatorship or
autocracy.
• But in some countries constitution work properly because there is a long
period of freedom movement. Through this they got their independent.
• Finally they organize a constitution for their own. Eg. India, South Africa,
America.
• Indian constitution was formed by Constituent Assembly and prepared by
popular leaders.
• In some countries constitution were formed based on referendum. Eg.
Switzerland
THE SUBSTANTIVE PROVISION OF A CONSTITUTION
• The provision of a constitution should be acceptable for all.
• It doesn’t keep any partiality towards any religion or any other group.
• If there is arise a feeling of suppression among people it will affect the
smooth functioning of constitution.
• Complete justice cannot be possible through a constitution. Even though it
can provide some basic norms related to the people.
• The content of the provision of constitution should keep liberty and
equality.
• If a constitution can ensure the liberty and equality such type of
constitution become success.
BALANCED INSTITUTION DESIGN
• The powers doesn’t carry in a single institution.
• The power should be distributed among different institution. E.g.
Legislature, executive, judiciary.
• It ensure that if an agency misuses its powers other agencies can prevent
it.
• The constitution should be ensure the amendment based on socio-
economic or political change.
MAKING OF INDIAN CONSTITUTION
• The Britain send a mission to India in the name of Cabinet Mission. One of
the aim of this mission was to prepare a constitution for India.
• With the recommendation of this Mission formed a constituent assembly.
• The constituent assembly elected Sachidhanandha Sinha as the temporary
president. Later elected Dr. Rajendra Prasad as the permanent president.
• Constituent assembly consist of eight committee. The most important
committee among them were Drafting Committee.
• This committee chairman was Dr. B.R. Ambedkar. He is known as
Architecture of Indian constitution.
• Indian constitution began on 9th December 1946 to 26th November 1949
is ended. It came to existent on 26th January 1950.
• The constitution take time to prepare about 2 years 11 months and 18
days.
• There are two factors which gives authorities to Constituent Assembly.
1. Principles of deliberation
2. Procedure
Principle of Deliberation
• The members of Constituent Assembly discussed in every subject and
finally added them to the provision of the constitution.
• They gave more importance for national interest then community interest.
• There is a debate and discussion occurred by arising issues among the
members of constituent assembly.
Procedure
• The constituent assembly consist of 8 committee. Each committee study
about each subject. The most important committee is ‘Drafting
Committee’.
• The chairman of this committee was Dr. B.R. Ambedkar.
• Drafting committee appointed in 1947.
• Indian constitution began its works on 9th December 1946. It completed
on 26th November 1949. But it came to existent on January 26th 1950.
OBJECTIVE RESOLUTION
Objective resolution was introduced by Jawaharlal Nehru in 1946 December.
Major Content of Objective Resolution
• India is a sovereign democratic republic.
• Popular sovereignty
• The Indian constitution ensure the socio-economic justice for all.
• To ensure the protection for minorities and the other backward classes.
• To maintain unity of our nation.
• To ensure world peace and welfare
India Borrowed Different ideas from Different Countries
British Constitution
1. First past the post system (F.P.T.P.)
2. Parliamentary system
3. Rule of law
4. Role of speaker
5. Law making procedure
6. Citizenship
American Constitution
1. Fundamental rights
2. Judicial review
3. Preamble
Canadian Constitution
1. Federal system with a strong central government.
2. Residuary powers
French Constitution
1. Liberty, equality, fraternity
2. Republic
Irish Constitution (Ireland)
1. Directive principles of state policy (DPSP)
2. Elected head of state
Australian Constitution
1. Concurrent list
Russian Constitution
1. Fundamental duties
South African Constitution
1. Constitutional amendment
German Constitution
1. Emergency
