Chapter 1 The Indian Constitution

Just like games such as football, hockey, or cricket are defined and distinguished by their specific rules, a **society** also operates based on certain foundational rules. These rules determine its structure, how people interact, and what makes it distinct from other societies. These fundamental rules can be called **constitutive rules**.

---

In large, diverse societies where different communities live together, these constitutive rules are developed through **consensus** (general agreement). In modern nations, this consensus is typically captured in a **written document** known as a **Constitution**. This document serves as the supreme law of the land.

---

We have previously explored aspects of the Indian Constitution in earlier classes. This chapter aims to delve deeper into questions such as: Why is a Constitution necessary for a country? How was the Indian Constitution written, and by whom? It will also outline the **key features** of the Indian Constitution, which are essential for the functioning of India's democracy and will be further explored in subsequent chapters.

Why Does A Country Need A Constitution?

Most countries today have a Constitution. While having a Constitution is a prerequisite for a democratic country, not all countries with a Constitution are democratic. A Constitution serves several vital purposes:

---

1. **Defining Ideals and Nature of Society:** A primary purpose is to articulate the **ideals** that the citizens of a country aspire to uphold and live by. It outlines the **fundamental nature of the society** and the kind of country its people collectively wish to build and reside in. Even in a diverse country with many communities, a Constitution provides a common set of rules and principles that everyone can agree upon as the basis for how the country should be governed. This encompasses not only the structure of the government but also shared ideals that the nation should stand for.

---

The demand for a **Constituent Assembly** to draft a Constitution for India was first made by the **Indian National Congress in 1934**. This demand for an assembly composed solely of Indians gained momentum, particularly during the Second World War, and the Constituent Assembly was eventually convened in **December 1946**.

---

The Constituent Assembly members, finally free to determine India's destiny after 150 years of British rule, approached the task of drafting the Constitution between December 1946 and November 1949 with immense **idealism**, drawing from the spirit of the freedom struggle.

This photo shows Prime Minister Jawaharlal Nehru addressing the Constituent Assembly, highlighting a key moment in the constitution-making process where leaders deliberated on the future of independent India.

---

The recent history of **Nepal** provides a contrasting example illustrating the need for a Constitution that reflects the people's will. Until recently, Nepal was a monarchy, and its 1990 Constitution vested final authority in the King. A long struggle for democracy culminated in 2006, ending the King's power and establishing democracy. The people of Nepal chose to adopt a **new Constitution in 2015** because the previous one, drafted under the monarchy, did not embody the ideals of a democratic country they had fought for. Just as changing the constitutive rules of a game fundamentally alters it, changing the form of government requires changing the fundamental rules (the Constitution) to create a new society.

---

2. **Defining the Nature of the Political System:** A Constitution is crucial for defining the type of **political system** a country will have. For example, Nepal's 1990 Constitution defined it as a monarchy, whereas the new Constitution established it as a democratic republic. In democracies, the Constitution lays down essential guidelines for **decision-making** processes within society. It outlines the rules for how leaders are chosen and how power is to be exercised.

---

In a democracy, citizens elect their representatives and leaders to exercise power on their behalf. However, there is always the risk that these leaders might **misuse their authority**. A Constitution typically includes **safeguards** against such misuse, preventing potential tyranny by elected officials. The **Fundamental Rights** section in the Indian Constitution contains many provisions designed to protect citizens against the arbitrary exercise of state power and ensure basic freedoms and equality.

---

For instance, the Indian Constitution guarantees the **Right to Equality** to all citizens, prohibiting discrimination based on religion, race, caste, gender, or place of birth. This fundamental right is a crucial safeguard against potential misuse of power that could lead to discrimination or injustice.

---

An example illustrating misuse of authority is given through a classroom scenario where a monitor abuses his power over a classmate. Similarly, in a political context, a minister misusing their official position for personal gain or to unfairly favour/disfavour someone constitutes a misuse of authority against which a Constitution aims to provide safeguards, such as through defined powers and accountability mechanisms.

---

3. **Preventing Tyranny of the Majority:** Another crucial function of a Constitution in a democracy is to prevent the domination or **tyranny of the majority** over minority groups. This can manifest as **inter-community domination** (one religious or linguistic group dominating another) or **intra-community domination** (members of one group dominating others within the same community, often based on caste or gender).

---

Societies are vulnerable to situations where a majority group can consistently impose decisions that are detrimental to the interests of minorities and exclude them. The classroom example where boys, being the majority, decide to play cricket every day, overriding the girls' wish to play basketball, illustrates this. The girls, as the minority, are subjected to the majority's decision despite their legitimate desire for variety and inclusion. A Constitution includes rules specifically designed to ensure that minorities are not excluded from resources, opportunities, or participation routinely available to the majority.

---

4. **Protecting Against Self-Harm:** A Constitution also serves the less obvious but important purpose of **protecting citizens from potential harm resulting from their own short-sighted decisions or impulses**. At times, people in a democracy might feel strongly swayed by popular emotion or a temporary sentiment (e.g., frustration with political disagreements leading to a desire for a strong, authoritarian leader). However, such decisions could ultimately undermine the core principles of freedom and rights that serve their long-term interests. A well-designed Constitution is built with a robust basic structure that cannot be easily altered by temporary popular whims. It contains provisions that protect citizens' fundamental rights and freedoms from being easily overthrown, ensuring the preservation of democratic values even when faced with temporary public dissatisfaction with democratic processes.

---

The example of Shabnam choosing to study for her test instead of watching her favourite TV programme, aided by her friends' suggestion that no one watches TV, illustrates this principle on a personal level. Sometimes, external rules or commitments (like a Constitution) help individuals or societies resist immediate temptations or short-term desires that could be detrimental to their larger, long-term goals or values.

---

From these points, it is clear that a Constitution plays an indispensable role in democratic societies by providing a framework for governance, defining rights and limits on power, protecting minorities, and preserving core values.

The Indian Constitution: Key Features

The making of the Indian Constitution was deeply influenced by the country's long struggle for independence and the experiences under British colonial rule. The Indian national movement, active for decades, had dedicated significant effort to envisioning the structure and principles of a free India. Under British rule, Indians had been subjected to arbitrary rules they had no role in creating. This prolonged experience with authoritarian governance solidified the nationalist aspiration for a **democratic India** where all citizens would be treated equally and have the right to participate in government.

---

The task of designing the framework for a democratic government in independent India and laying down its operational rules fell to the **Constituent Assembly**. This body comprised around **300 members** who gathered periodically over three years, starting in 1946, to draft the Constitution.

---

The Constituent Assembly members demonstrated a remarkable sense of unity despite the immense challenges they faced. India was a land of vast diversity, with numerous communities speaking different languages, belonging to various religions, and having distinct cultures. Furthermore, the drafting process took place during a period of significant turmoil, including the impending Partition of India and Pakistan, the integration of undecided Princely States, and the daunting challenge of addressing widespread poverty and poor socio-economic conditions.

---

Rising to these challenges, the members crafted a visionary document that aimed to balance the need for **national unity** with a deep respect for **diversity**. The Constitution also reflected their commitment to socio-economic reform to alleviate poverty and empowered the people by emphasising their crucial role in electing representatives.

---

**Baba Saheb Dr. B.R. Ambedkar** is widely recognised as the **Father of the Indian Constitution**. Dr. Ambedkar, who chaired the Drafting Committee, believed his participation was instrumental in securing safeguards within the draft constitution for the Scheduled Castes. However, he also expressed caution, noting that despite legal protections, Scheduled Castes might still face challenges due to the administration of these laws being in the hands of individuals who might hold caste prejudices. He, therefore, encouraged Scheduled Castes to actively seek positions in both government and civil services.

---

Let's examine some of the key features of the Indian Constitution, keeping in mind the framers' concerns regarding diversity, unity, socio-economic upliftment, and popular representation.

---

Federalism

**Federalism** is a defining characteristic of the Indian Constitution, meaning there is **more than one level of government** in the country. India has a **central government** (Union Government) and **state governments**. Additionally, the Constitution provides for a **third tier of government**, the **Panchayati Raj** (at the local level in rural areas) and Municipalities (in urban areas).

---

Given India's vastness and diversity, a centralised system where decisions were made solely from the capital (New Delhi) would not be effective or representative. The federal structure ensures that there are levels of government in the states empowered to make decisions specific to their regions. While states have autonomy on certain matters, subjects of national importance fall under the purview of the central government, and all states must adhere to its laws.

---

The Constitution explicitly defines the areas or subjects on which each tier of government has the authority to make laws through various lists (e.g., Union List, State List, Concurrent List). It also specifies how each level of government will raise the financial resources (money) needed for its functioning. Under the federal system, the states derive their authority directly from the Constitution, not merely as delegates of the central government. This structure ensures that all persons in India are governed by laws and policies enacted by these different levels of government.

---

Parliamentary Form Of Government

The Indian Constitution establishes a **Parliamentary Form of Government**. This means that the representatives who constitute the different tiers of government (Centre, State, and Local) are **elected by the people** of India.

---

The Constitution guarantees **universal adult suffrage** to all citizens, meaning that all Indian citizens aged 18 and above, regardless of their social background, caste, class, gender, or religion, have the right to vote in elections. The Constituent Assembly members believed that the freedom struggle had prepared the population for this principle and that universal adult suffrage would foster a democratic mindset and help break down traditional social hierarchies based on caste, class, and gender.

---

In this system, the people of India directly participate in electing their representatives. Furthermore, any citizen meeting the eligibility criteria can also contest in elections, regardless of their social standing. These elected representatives are **accountable to the people** who elected them. The principle of popular representation is fundamental to the functioning of India's democracy.

This photo shows Indian citizens queuing to cast their votes in an election, symbolising the principle of universal adult suffrage and the people's direct participation in electing their representatives in India's parliamentary democracy.

---

It's important to distinguish between the term '**State**' as used in the context of a political entity representing a sovereign people occupying a territory (like the Indian State) and '**government**', which refers to the specific group responsible for administering and enforcing laws at a given time. Governments can change through elections, but the State as a political institution is permanent. The government is part of the State, but the State encompasses more than just the government.

---

Separation Of Powers

The Indian Constitution mandates a **Separation of Powers** among the three main **organs of government**:

• The **Legislature**: This body consists of the elected representatives of the people (like Members of Parliament and Members of Legislative Assemblies). Their primary role is to make laws.
• The **Executive**: This is a smaller group, including the government in power (the cabinet and bureaucracy), responsible for implementing the laws made by the legislature and running the day-to-day administration of the government.
• The **Judiciary**: This refers to the system of courts at various levels (Supreme Court, High Courts, District Courts). Its role is to interpret the laws, administer justice, and protect the Constitution.

---

The Constitution ensures that each of these organs exercises different powers. This division of powers is designed to prevent any one branch from becoming too powerful or misusing its authority. Through this system, each organ acts as a **check and balance** on the others, ensuring that power is distributed and preventing any single entity from becoming dominant. The Constituent Assembly was particularly concerned about the executive potentially becoming too strong and included provisions to limit its power and ensure accountability to the legislature.

---

Fundamental Rights

The section detailing **Fundamental Rights** is often considered the "**conscience**" of the Indian Constitution. The experience of living under arbitrary colonial rule fostered a deep suspicion of state power among Indian nationalists. They were determined to include a set of explicitly written rights in the Constitution to safeguard citizens against the potential misuse of state authority in independent India.

---

Fundamental Rights are designed to protect the **rights of individuals** not only against the actions of the State but also, in some cases, against discrimination by other individuals. Furthermore, recognizing India's diversity, various **minority communities** also advocated for the inclusion of rights specifically protecting their group identities and interests. The Constitution, therefore, guarantees the rights of minorities against potential domination by the majority.

---

According to Dr. B.R. Ambedkar, the Fundamental Rights serve a dual purpose: first, they empower every citizen to **claim these rights**, making them enforceable; and second, they are **binding upon every authority** that has the power to make laws, ensuring that no law can violate these fundamental protections.

---

In addition to Fundamental Rights, the Constitution also includes **Directive Principles of State Policy**. This section contains guidelines and principles intended to guide the independent Indian State in formulating laws and policies aimed at achieving greater **social and economic reforms** and reducing poverty among the masses. While not directly enforceable in courts like Fundamental Rights, they are considered fundamental in the governance of the country.

---

The Indian Constitution includes the following fundamental rights:

• **Right to Equality:** Guarantees that all persons are equal before the law and are equally protected by the country's laws. It prohibits discrimination by the State against any citizen based on their religion, caste, or sex. Ensures equal access to public places and prohibits discrimination in matters of employment by the State, with some exceptions to be discussed later. Abolishes the practice of untouchability.
• **Right to Freedom:** Includes various freedoms essential for individual liberty, such as freedom of speech and expression, the right to form associations or unions, the right to move freely and reside in any part of the country, and the right to practise any profession or carry out any occupation or business.
• **Right against Exploitation:** Prohibits harmful practices like human trafficking (illegal trade in human beings, especially women and children), forced labour, and the employment of children below the age of 14 in hazardous work.
• **Right to Freedom of Religion:** Guarantees religious freedom to all citizens. Every person has the right to profess, practice, and propagate the religion of their choice freely.
• **Cultural and Educational Rights:** Protects the rights of minorities (both religious and linguistic) to establish and administer their own educational institutions to preserve and promote their distinct culture and language.
• **Right to Constitutional Remedies:** This is a crucial right that allows citizens to approach the courts (specifically the High Courts and the Supreme Court) if they believe that any of their Fundamental Rights have been violated by the State. It provides a legal means to enforce these rights.

---

Secularism

**Secularism** is a key principle enshrined in the Indian Constitution. A secular state is one that does **not officially endorse or promote any one particular religion** as the state religion. Instead, it maintains equal distance from all religions and guarantees religious freedom to all its citizens. This feature reflects India's diverse religious landscape and the commitment to treating all religions equally.

---

The making of a country's Constitution is often shaped by its historical experiences and the ideals its people aspire to achieve. The Constitution plays a pivotal role in outlining the shared ideals that all citizens and their elected representatives are expected to adhere to. Like the constitutive rules of a game, fundamental changes to the Constitution can significantly alter the nature of a country, as seen in Nepal's adoption of a new Constitution after transitioning to democracy.

---

While the concepts underlying the key features of the Indian Constitution may seem complex initially, they are fundamental to understanding India's political system and democratic values. Further study in this book and in higher classes will help in gaining a more substantive understanding of these principles and their implications.

---

The Constitution also includes **Fundamental Duties** for citizens. These duties complement the Fundamental Rights and are important for citizens in a democracy as they outline civic responsibilities towards the nation and society.

Answer:

Answer: