chapter 1 Constitution why and How

topic :1 CONSTITUTION
(term derived from the Latin word ‘Constituere’which
means ‘to establish’)
Meaning:

*It is a ‘Supreme Law’ of the state or country

*The set of rules by which a state or organization is governed
* A constitution is a set of rules that guides how a country, state, or
other political organization works.
*The constitution may tell what the branches of the government are,
what powers they have, and how they work.
* Definition :A constitution is a body of fundamental principles
according to which a state is constituted and governed
Types of Constitution

 Written( India ) and Unwritten(British) Constitution

Codified ( US)and Uncodified Constitution
 Flexible and Rigid Constitutions( amendements)
 Monarchy and Republican Constitutions
 Presidential and Parliamentary Constitutions
 Federal and Unitary Constitutions
What are the important sources of
Constitution?
The sources of the Constitution refer to the various influences,
documents, and ideas that shaped the drafting and content of the
Constitution. Some key sources include :
Sources of a Constitution
 1. Opinions of political and constitutional writers
 2. Constitutions of other countries
 3. Customs and conventions
 4. Previous constitutions
 5. Decisions of a constituent Assembly
 6. Judicial Precedents
 Acts (government of India act 1935, Indian independent Act etc)
What are the Functions of the Constitution

1.It projects the form of government in the country.

2.It ensures the fundamental rights to it’s citizens.
3.It directs the states in making legislation.
4.It lays out the procedures for several functions, administrations,
legislation, execution of the government machinery.
5.It provides for the separation of Powers.
6.It provides for the independence of each organ,
i.e. legislative, executive and judiciary.
7.It upholds the sovereignty of the nation.
8.It acts as a check in maladministration and misuse of powers.
9.It provides for judicial review in case of laws violating the
Supreme procedure established by law
10.It provides for accountability of government to the people of the
our country
Why do we need a Constitution? Pg 2-10
1, Constitution allows coordination and assurance:-
* The Constitution provides a common framework of rules that allows people to
coordinate with one another and feel assured that others will also follow these rules.
 * Coordination Among People
 In any society, people have diverse interests, opinions, and goals.
 To live together peacefully and work collectively, they need a set of shared rules.
 The Constitution provides these rules and procedures, allowing individuals and
groups to know what to expect from others.
* Assurance
 The Constitution assures people that others will follow the same rules.
 For example, if the Constitution says all citizens have equal rights, everyone can
expect to be treated equally, no matter their religion, caste, or gender.
 This reduces conflict and builds trust in the system.
2.Specification of decision making powers :-
- One of the key functions of a Constitution is to specify who
has the power to make decisions in a society and how those
decisions are to be made.
- Clarifying Roles and Responsibilities:
 The Constitution clearly defines the roles of different institutions
of government
Legislature makes laws
Executive implements them.
Judiciary interprets them.
This division helps each organ know its powers and limits,
By specifying the decision-makers and procedures, the
Constitution ensures order and stability.
3 Limitaions on the powers of government
The government cannot exercise unlimited power — its authority is restricted by the
Constitution, laws, and the rights of citizens.
How constitution limit the power of government?
 1) Constitutional Boundaries:
 The Constitution defines what the government can and cannot do.
 For example, the government cannot violate Fundamental Rights of citizens.
 2 Rule of Law:
 Everyone, including those in power, must follow the law.
 The government cannot act in an arbitrary manner.
 3 Separation of Powers:
 Power is divided among legislature, executive, and judiciary.
 This prevents concentration of power in one body and ensures accountability.
 4 Judicial Review:
 If the government passes a law that goes against the Constitution, the courts can declare it
invalid.
 This limits abuse of power.
 5 Democratic Checks:
 Regular elections, opposition parties, and free media also check the government's power.
4 Fullfill the aspirations of the society to create a just society (page 6)

One of the important purposes of a Constitution is to express the hopes and dreams of the people and
to help build a just and fair society.
Reflects Collective Aspirations
 A Constitution is not just a legal document; it reflects the values, dreams, and goals of the people of
a country.
 It includes ideals like justice, equality, liberty, dignity, etc., which the society aims to achieve.
 Guides the Creation of a Just Society
 A just society is one in which no one is discriminated against based on caste, religion, gender, or
economic status.
 The Constitution helps achieve this by:
 Providing Fundamental Rights to all.
 Ensuring equal opportunities.
 Promoting social justice and economic fairness.
-Constitution empower the Govt take positive to overcome inequalities from the society (Abolistion of
Untouchability -A/17 ,free of caste discrimination etc)
-constitiution always provide its citizen, live with dignity and self respect
-constitution provide provisions of Fundamental Rights and DPSP
5 Fundamental identity of people

- The Constitution expresses the fundamental identity of a people. This means

that it reflects the fundamental values by which the people desire to live, and the
broad objectives that they wish to achieve as a society and polity. It serves as a
standard for evaluating social and political life.
-People as a collective entity come into being through a constitution (political
identity)

- The Constitution is not just a legal document; it reflects the core values (like
justice, liberty, equality, fraternity) that people collectively believe in.
_ These values form the foundation of society and give people a sense of shared
identity as a political community.
_Despite the diversity in India, the Constitution creates a common identity as
citizens who are governed by the same principles and share the same vision for
the nation.
The Authority of a Constitution
1 What is a constitution ?
A Constitution is a fundamental legal document that lays down the structure of government, distribution
of powers, rights and duties of citizens, and the guiding principles of a nation.
It acts as the supreme law of the land.
In most countries, ‘Constitution’ is a compact document that comprises a number of articles about the
state, specifying how the state is to be constituted and what norms it should follow
2 How effective is a Constitution? What makes a Constitution effective?
Making a constitution ‘Effective’ is depend upon THREE factors :

1 )Mode of Promulgation! (How constitution comes into being? , who crafted the constitution?)
 -There are some countries which constitution doesn’t work properly.
• Because, the constitution was prepared by military chiefs or dictatorship or autocracy, who do not
have the ability to carry the people with them.
• But in some countries constitution were created in the aftermath of popular movement.(India ,
America , South Africa )
• Constitutions are drawn by the consent of the people (Referendum )and popular leaders also.
2)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 liberty and equality, such a constitution becomes
successful.
3 Balanced institutional design
 Balanced institutional design means that the Constitution carefully distributes powers
among different institutions and ensures no one branch becomes too powerful.
 1) Power Sharing
 Power is divided among various institutions like the Legislature, Executive, and
Judiciary.
 This avoids concentration of power in one hand and prevents dictatorship.
• 2) Checks and Balances
 Each organ has its own powers but can also check the misuse of power by others.
• It ensure that if an organ misuses its powers other others can prevent it.
• 3)The constitution should be ensure the Amendment based on socio-economic or political
change.
• 4)Right balance between certain values, norms and procedures
Topic 2: Constitution of India
History behind the constitution !
What were the responses from
British Govt .....?
1)August offer 1940
2) Cripps Mission 1942
3) Wavell Plan 1945
4) Cabinet Mission plan 1946
August Offer
The August Offer was a proposal made by Viceroy Linlithgow in 1940 promising the expansion of the Executive
Council with Indians.

Key Features of the August Offer (terms of August Offer):

1 Dominion Status (After the War)

 The British promised that India would be given dominion status after the war.
 (Dominion = Semi-independent status within the British Commonwealth)
2 Expansion of Executive Council
 The Viceroy’s Executive Council would be expanded to include more Indians, but defense would remain
under British control.
3 Constitution-Making Right (Post-War)
 After the war, a constituent body would be formed to frame a new constitution, but only with the
consent of minorities.

.
Cripps Mission
Cripps Mission was a British diplomatic effort to gain Indian support during
World War II by offering constitutional concessions.

•Dominion Status After the War

•India would be given Dominion Status after WWII.
•It could choose to remain in the British Commonwealth or not.
• Constituent Assembly
•A Constituent Assembly would be formed after the war to draft a new constitution.
•The members would be partly elected by provincial legislatures and partly nominated by princely states.
• Right to Separate Union
•Provinces were given the right to opt out of the Indian Union and form their own separate Union.
•This idea hinted at a possible partition of India.
• Indian Control During War (Denied)
•The British refused to transfer any real power to Indians during the war.
•Defence would remain under British control.
Proposal of Wawall
The Wavell Plan was a British proposal to restructure the Viceroy’s Executive
Council to give more power to Indian leaders, and to prepare for a
constitutional setup.
•The Viceroy’s Executive Council would be Indian members except the Viceroy f and
the Commander-in-Chief.

•The council was to have a ‘balanced representation’ of all Indians including ‘Hindus’,
Muslims,, Sikhs, etc.
.
BRITISH VICEROY
PRIME IN INDIA
MINISTER
What Was the Cabinet Mission Plan?

 The Cabinet Mission was sent by the British Government to discuss and plan
for India's independence and formation of a new government, while also
finding a solution to the Hindu-Muslim divide.
 It was the last attempt by the British to keep India united before
independence.
Key Proposals of the Cabinet Mission Plan:
1. ✅ United India
•Rejected partition and proposed to keep India united.
•Said no separate Pakistan.

2. ✅ Constituent Assembly
•A Constituent Assembly would be formed to frame the Constitution of India.
•Members to be partly elected by provincial legislatures and partly nominated by
princely states.

3. ✅ Three-Tier Government Structure

🔹 Union Government – Controls foreign affairs, defence, and communication.
🔹 Groups of Provinces – Provinces grouped into 3 categories (Group A, B, C) with autonomy.
🔹 Provinces/Princely States – Had control over all other matters
Objectives of Cabinet Mission (PAGE NO 15)
*To formulate a constitution-making body (the Constituent Assembly of
India).
*Each province and Princely state were allotted seats according to their
proportion of population (292 british province/ 93 princely states )
*Proportional representation of British provinces and princely
states
*Seats were distributed among 3 major communities :;Hindus,
muslims, Sikhs bases of their population
*Each community elected their representative by proportional
representation /Single transferable vote method
*Selection of representatives of princely state was to be
determined by consultation
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.
• A constituent assembly is a body of representatives that is elected to create
or change their country's constitution.
• served as its first Parliament as an independent nation. It was set up as a
result of negotiations between the leaders of the Indian independence
movement and members of the British Cabinet Mission.
•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.
There are two factors which gives authorities to Constituent Assembly.
1. Principles of deliberation
2. Procedure
1)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.
2) 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.
National Movement and OBJECTIVE RESOLUTION
(read text book page no-20)

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
•First past the post system (F.P.T.P.)
•Parliamentary system
•Rule of law
•Role of speaker
•Law making procedure
•Citizenship
American Constitution
•Fundamental rights
•Judicial review
•Preamble
Canadian Constitution

•Federal system with a strong central government.

•Residuary powers
French Constitution

•Liberty, equality, fraternity

•Republic
Irish Constitution (Ireland)
•Directive principles of state policy (DPSP)
•Elected head of state

Australian Constitution
•Concurrent list
Russian Constitution
•Fundamental duties
South African Constitution
•Constitutional amendment
German Constitution
•Emergency
What are the Features of Indian Constitution? 6 MARKS
• Fundamental rights/ duties
• Parliament
• Democratic
• Rule of law
Bicameral
Partial-Separation of power(L,E J)
independence of judicial system
Check and balances
Quasi-federal
Secularism
DPSP Minorities
Sovereign
Preamble
Flexible &rigid
Written and unwritten

single citizenship thank you…….

Project topics
XI –Political science
 1. PREAMBLE OF INDIAN CONSTITUTION
 2. Virtual Election Campaigning
 3 .Electoral Reforms in Indian Politics’
 4 ‘Right to Freedom and role of media
 5, The Right to Information - ensuring Political Accountability
 6. Role of UNO in fight against Covid -19
 7. Role of Local Self Govt institutions in Women empowerment.
 8 Role of Regional Parties in era of coalition
 9.Judicial Activism: Role of Judiciary in safeguarding
Environment and Human rights
 10. Public Accountability of Civil Servants in India
Drawbacks of Indian Constitution
1
2
3
4
5
 11)Political Philosophy of Kautilya , Aristotle, Mahatma
Gandhi and BR Ambedkar(PPT /Animation )
 12)Very important AMENDMENTs in Indian Constitution
(Chart making)
 13.Biographies of our freedom fighters/eminent global
personalities(NENSON MANDELA, GANDHIJI, NEHRU, AUNG-
SAN-SUU-KYI etc)
 14)Collect important quotes of eminent personalities
 15)collect or prepare your own cartoon on the topic
‘Election’.