13. the indian constitutionthe indian constitution 13.2. | the indian constitution: key features the...

13. The Indian Constitution 13

13.1. | Need of Constitution

Most countries in the world have a Constitution. The Constitution serves several purposes. First, it lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in. A Constitution tells us what the fundamental nature of our society is. A country is usually made up of different communities of people who share certain beliefs but may not necessarily agree on all issues. A Constitution helps serve as a set of rules and principles that all persons in a country can agree upon as the basis of the way in which they want the country to be governed. This includes not only the type of government but also an agreement on certain ideals that they all believe the country should uphold.

The second important purpose of a Constitution is to define the nature of a country’s political system. For example, Nepal’s earlier Constitution stated that the country was to be ruled by the King and his council of ministers. In countries that have adopted a democratic form of government or polity, the Constitution plays a crucial role in laying out certain important guidelines that govern decision-making within these societies.

HISTORY | Chapter 13. The Indian Constitution

13.2. | The Indian Constitution: Key Features The long experience of authoritarian rule under the colonial state convinced Indians that free India should be a democracy in which everyone should be treated equally and be allowed to participate in government. Below are the key features of the Indian Constitution.

13.2.1. | Federalism: This refers to the existence of more than one level of government in the country. In India, we have governments at the state level and at the centre. Panchayati Raj is the third tier of government. While each state in India enjoys autonomy in exercising powers on certain issues, subjects of national concern require that all of these states follow the laws of the central government. Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well. All persons in India are governed by laws and policies made by each of these levels of government.

13.2.2. | Parliamentary Form of Government: The different tiers of government consist of representatives who are elected by the people. Constitution of India guarantees universal adult suffrage for all citizens. The people of India have a direct role in electing their representatives. Also, every citizen of the country, irrespective of his/her social background, can also contest in elections.

13.2.3. | Separation of Powers: According to the Constitution, there are three organs of the State. These are the legislature, the executive and the judiciary. The legislature refers to our elected representatives. The executive is a smaller group of people who are responsible for implementing laws and running the government. The judiciary, refers to the system of courts in this country. In order to prevent the misuse of power by any one branch of the State, the Constitution says that each of these organs should exercise different powers. Through this, each organ acts as a check on the other organs of the State and this ensures the balance of power between all three.

13.2.4. | Fundamental Rights: The section on Fundamental Rights has often been referred to as the ‘conscience’ of the Indian Constitution. Fundamental Rights, protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution, thus, guarantees the rights of individuals against the State as well as against other individuals. The Constitution, also guarantees the rights of minorities against the majority. In addition to Fundamental Rights, the Constitution also has a section called Directive Principles of State Policy. This section was designed by the members of the Constituent Assembly to ensure greater social and economic reform, and to serve as a guide to the independent Indian State to institute laws and policies that help reduce the poverty of the masses.


13.3. | The Fundamental Rights in the Indian Constitution include:

13.3.1. | Right to Equality: All persons are equal before the law. This means that all persons shall be equally protected by the laws of the country. It also states that no citizen can be discriminated against on the basis of their religion, caste or sex. Every person has access to all public places including playgrounds, hotels, shops etc. The State cannot discriminate against anyone in matters of employment. But there are exceptions to this that you will read about later in this book. The practice of untouchability has also been abolished.

13.3.2. | Right to Freedom: This includes the right to freedom of speech and expression, the right to form associations, the right to move freely and reside in any part of the country, and the right to practise any profession, occupation or business.

13.3.3. | Right against Exploitation: The Constitution prohibits trafficking, forced labour, and children working under 14 years of age.

13.3.4. | Right to Freedom of Religion: Religious freedom is provided to all citizens. Every person has the right to practise, profess and propagate the religion of their choice.

13.3.5. | Cultural and Educational Rights: The Constitution states that all minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture.

13.3.6. | Right to Constitutional Remedies: This allows citizens to move the court if they believe that any of their Fundamental Rights have been violated by the State.

13.3.7. | Secularism: A secular state is one in which the state does not officially promote any one religion as the state religion. The Constitution plays a crucial role in laying out the ideals that we would like all citizens of the country to adhere to, including the representatives that we elect to rule us.


NCERT ANNEXTURE

1. Why does a democratic country need a Constitution? Ans.: Constitution is a set of rules according by which a country is governed.

a) It lays out certain ideals that form the basis of the kind of country that we, as citizens want to live in. b) A Constitution helps serve as a set of rules & the principles that all persons in a country can agree upon

as the basis of the way in which they want the country to be governed. c) A Constitution defines the nature of a country’s political system. d) The Constitution plays a crucial role in laying out certain important guidelines that govern decision

making within these societies. e) Another important function that a Constitution plays in a democracy is to ensure that a dominant group

does not use its power against other, less powerful people or groups. f) Constitution is to save us from ourselves. This means that we might at times, feel strongly about an

issue that might go against our larger interests & the Constitution helps us guard against this.

2. What is the difference in who exercises ‘Executive Power’ in the two constitutions of Nepal? Keeping this in mind, why do you think Nepal needs a new Constitution today?

Ans.: Executive Powers mean the powers to run or administer the country. Executive Powers rest with the head of the government in a democratic country. The head of the government is an elected person. 1) Under 1990 Constitution of Nepal:

The Chief Executive Powers of the country were rested with monarch who had the right to run the country or even dismiss an elected government.

2) Under 2007 Interim Constitution of Nepal: It was written that the Chief executive powers would be vested in Council of Ministers, headed by the Prime Minister. Since, Nepal had voted for a change from Monarchy to Parliamentary Democracy, therefore, it needs a new Constitution & the People of Nepal also need political rights.

3. What would happen if there were no restrictions on the power of elected representatives? Ans.: In a democracy, we choose our leaders, so that they can exercise powers responsibly on our behalf.

However, there is always the possibility that these leaders might misuse their authority & the Constitution usually provides safeguards against this. a. This misuse of authority can result in gross injustice. b. These elected representatives may assume dictatorial powers & may encroach the rights of the people.

Therefore, to ensure the protection of the rights of the citizens, some restrictions should be there on the powers of the elected representatives.

4. Identify the minority community in your school and give your reasons on why it is important to protect their rights. 1. Females are in a minority. It is important to respect the views of females so that their wishes are also

heard & the school does not become male dominated.


2. Buddhists are in a minority. It is important to respect the views of Buddhists so that they have the right to practice the religion of their choice.

3. Non-vegetarians are is a minority. It is important to respect the views of non-vegetarians so that they have the right & the freedom to choose what they want to eat.

4. Students from poor background are in a minority. It is important to respect the views of the students from poor background so that they do not get dominated by the students from well-off families & are not discriminated against due to their financial background.

5. Give significance of key features mentioned below Key Feature Significance

Federalism Federalism is important so that decisions can be taken for a particular area by the state govts. It happens only because states are not merely agents of the federal govt, but enjoy autonomy & draw their authority from the Constitution as well.

Separation of Powers This signifies that all the organs of the state – legislative, executive & judiciary, should exercise different powers. Each organ acts as a check on the other organs of the states & this ensures the balance of power between all through.

Fundamental Rights Fundamental Rights are significant as these protect citizens against the arbitrary & absolute exercise of power by the State.

Parliamentary form of Government This is significant because people of India have a direct role in electing their representatives & irrespective of their social background & gender, they can also contest in elections.

6. Match the following: (a) INC (i) 15th August 1947 (b) Constitution of India (ii) 26th January, 1950 (c) A group of 300 people (Hi) Mahatma Gandhi (d) Independence Day of India (iv) Doctors (e) School (v) Constitution Assembly in 1946 (f) Father of Nation (vi) Teachers (g) Republic Day (vii) Indian National Congress (viii) Dr. Bhimrao Ambedkar

Ans.: (a) (vii) (b) (viii) (c) (v) (d) (i) (e) (vi) (f) (iii) (g) (ii).

7. State whether true or false: (a) The Indian Constitution was written by Mohandas Karamchand Gandhi. (b) Nepal adopted an Interim Constitution in 2007. (c) The Constitution of India consists of the Fundamental Rights. (d) Nepal was in Monarchy in 1990.


(e) The Constitution of India came in force on 15th August 1947. (f) That the 3rd significant purpose of the Constitution is to same us from ourselves. (g) A group of 300 people formed the Constituent Assembly in 1946. (h) A 13 years old child is working in a factory manufacturing carpets is called child labour. (i) Discrimination is the part of our Constitution.

Ans.: (a) False (b) True (c) True (d) True (e) False (f) True (g) True (h) True (i) False.

8. Fill in the blanks: (i) Dr. B.R. Ambedkar is known as the father of..................... (ii) A group of....................people formed the Constitutent Assembly in 1946. (iii) .................... refers to the cruel and unjust use of power or authority. (iv) .................... refers to a goal or a principle in its more excellent or perfect form. (v) Buddhists are in India counted in..................... (vi) Constitution of India consists of..................... (vii) Pt. Jawaharlal Nehru becomes .................... after freedom of British Rule.

Ans.: (i) Indian Constitution (ii) 300 (iii) Tyranny (iv) Idea (v) minority (vi) Fundamental rights (vii) First Prime Minister

Multiple Choice Questions Choose the correct answer: 1. Who is known as the father of the Indian Constitution?

(a) Pt. Jawaharlal Nehru (b) Dr. Babasaheb Bhimrao Ambedkar (c) Dr. Rajendra Prasad (d) Babu Jagjivan Ram

2. Who was the first Prime Minister of Free India? (a) Pt. Jawaharlal Nehru (b) Lai Bahadur Shastri (c) Mrs. Indira Gandhi (d) Guljari Lai Nanda

3. What does refers to a goal or a principle in its most excellent or perfect form? (a) Arbitrary (b) Ideal (c) Polity (d) None of these

4. Which was the country going to be democratic? (a) India (b) Pakistan (c) Nepal (d) Japan

5. What does refer to an independent people in a democratic form of government? (a) Sovereign (b) Ideal (c) Polity (d) Trafficking

6. When did Indian National Congress convened? (a) December, 1946 (b) December, 1934 (c) August, 1947 (d) June, 1950


7. By which time had the nationalist movement gained momentum? (a) Beginning of 20th century (b) Middle of 20th century (c) End of 20th century (d) None of these

8. How many persons formed the Constituent Assembly? (a) A group of 150 people (b) A group of 200 people (c) A group of 250 people (d) A group of 300 people

9. When did the King of Nepal finally take over as the head of government? (a) February, 2002 (b) February, 2005 (c) February, 2007 (d) April, 2003

10. If a 13-year old child is working in a factory, what is it called? (a) Freedom to education (b) Child labour (c) Both (a) and (b) (d) None of these

11. Which of the following are Fundamental Rights? (a) Right to equality (b) Right to freedom (c) Right against exploitation (d) All of these

12. When did India become free from British rule? (a) 26 January, 1950 (b) 15 August, 1947 (c) 2 October, 1948 (d) None of these

13. What does refer to the cruel and unjust use of power or authority? (a) Tyranny (b) Ideal (c) Polity (d) Arbitrary

Answer Key | Multiple Choice Questions

Q 1 2 3 4 5 6 7 8 9 10 11 12 13 A (B) (A) (B) (C) (A) (A) (A) (D) (B) (B) (D) (B) (A)

Very Short Answer Type Questions 1. When did the Indian National Congress make the demand for a Constituent Assembly? Ans.: In 1934, the Indian National Congress made the demand for a Constituent Assembly. 2. When did this demand gain momentum? Ans.: During the World War II this assertion for an independent Constituent Assembly formed only of Indians

gained momentum.

3. When was it convened? Ans.: This was convened in December 1946.


4. When did the Constituent Assembly draft the Constitution for Independent India? Ans.: • Between December 1946 and 1949 the Constituent Assembly drafted a constitutions for independent

India after 150 years of British rule. • The members of the Constituent Assembly approached this task with great idealism which freedom

struggle produced.

5. Discuss with your teacher what do you understand by the term 'Constitutive'. Provide one example of 'Constitutive Rules' from your everyday life.

Ans.: Constitutive means related to Constitution Freedom of speech and expression as an example of 'Constitutive Rules'.

6. Why do the people of Nepal want a new Constitution? Ans.: Because the new Constitution would guarantee them democracy for the time to come. 7. Discuss the important function the Constitution plays in a democracy. Ans.: The important function that a Constitution plays in a democracy is to ensure not to use dominant's group

power against less powerful people or groups.

8. By which time had the Nationalist Movement gained momentum? Ans.: By the beginning of the twentieth century the Indian Nationalist Movement had gained momentum for

independence from British rule.

9. What do the nationalists do for getting India free? Ans.: During the freedom struggle the nationalists had devoted a great deal of time to imagining and planning

free India of their dreams. Under the British they had been forced to obey rules that they had very little role in making.

10. What did the authoritarian rule convince the Indians? Ans.: The long experience of authoritarian rule under the colonial state convinced Indians that free should be a

democracy in which everyone in government.

11. What was remained to be done then? Ans.: It was to work out the ways in which a democratic government would set up in India and the ruler that

would determine the functioning.

12. How many person formed the Constituent Assembly? How much time they take to complete their work?

Ans.: • A group of 300 people formed the Constituent Assembly in 1946. • They met periodically for three years to write India's Constitution.


Short Answer Type Questions 13. What is the first purpose that Constitution serves? Ans.: The Constitution serves the first purpose as given under:

• It lays out certain ideals forming the basis of the kind of country that citizens aspire to live in. - It tells us about the fundamental nature of the society. - The Constitution is a set of rules and principles that all persons in a country agree.

14. What is another purpose, the Constitution serves? Ans.: • The Constitution lays down rules that guards against the misuse of power by political leaders.

- In the case of the Indian Constitution, many of the laws are contained in the section on Fundamental Rights.

- The Indian Constitution guarantees the Right to Equality to all persons and says that no citizen can be discriminated against on grounds of religion, race, caste, gender and place of birth.

• The Right of Equality is one of the Fundamental Rights guaranteed by the Indian Constitution.

15. What does the Constitution say about the fact that minorities are not discriminated against? Ans.: • The Constitution contains rules that ensure minorities not to be excluded from anything that is

routinely available to the majority. • Constitution precisely prevent the tyranny or domination by the majority of a minority.

16. What is the third significant purpose our Constitution serves? Ans.: • The third significant purpose of the Constitution is to save us from ourselves.

• This seems strange but what is meant by this is that what we might at times feel particularly strongly about an issue that might go against our large interests.

• The Constitution helps us to guard against this.

17. What were the characteristics of the Constituent Assembly? Ans.: • There was an extraordinary unity amongst the members of the Constituent Assembly.

• Each of the provisions of the future Constitution was discussed in great detail. • There was a sincere effort to compromise and reach an agreement through consensus.

18. Why is Dr. Babasaheb Ambedkar known as the father of the Indian Constitution? Ans.: • Dr. Babasaheb Ambedkar is known as the father of the Indian Constitution due to the following:

- Dr. Ambedkar's participation in the Constituent Assembly helped the scheduled castes get some safeguards in the draft constitution.

- Although the laws might exist, scheduled castes still had reason to fear because the administration of these laws were in the hands of 'Caste Hindu Officers'.

- He urged scheduled castes to join the government as well as the civil services.


19. What did A.K. Ayyar remarks when the Constituent Assembly adopted the principle of adult franchise?

Ans.: When the Constituent Assembly adopted the principle of universal adult franchise, A.K. Ayyar, a member, remarked that this was done, "with an abundant faith in the common man and the ultimate success of democratic rule, and in the full belief that the introduction of democratic government on the basis of adult suffrage will bring enlightenment and promote the well-being, the standard of life, the comfort, and the decent living of the common man". Austin, G, 1966 (The Indian Constitution: Cornerstone of a Nation) Clarendon Press, Oxford.

20. What did the Constituent Assembly fear? Ans.: • The Constituent Assembly feared that the executive might become too strong and ignore its

responsibility to the legislature. • The Assembly therefore included a number of provisions in the Constitution to limit and control the

action taken by the executive branch of government as a whole.

21. Discuss the difference between State and Government with your teacher. Ans.: The word 'State' is often used in this chapter. This does not refer to state governments. Rather when we use

state we are trying to distinguish it from 'Government1. 'Government' is responsible for administering and enforcing laws. The government can change with elections. The state on the other hand refers to a political institution that represents a sovereign people who occupy a definite territory. We can thus speak of the Indian State, the Nepali State etc. The Indian state has a democratic form of government. The government (or the executive) is one part of the State. The State refers to more than just the government and cannot be used interchangeably with it.

22. Why is Dr. Babasaheb Bhimrao Ambedkar known as the father of the Indian Constitution? Ans.: Dr. Babasaheb Bhimrao Ambedkar is known as the Father of the Indian Constitution due to the following:

• Dr. Ambedkar's participation in the Constituent Assembly heiped the scheduled castes get some safeguards in the draft Constitution. Although the laws might exist, scheduled castes still had reason to fear because the administration of these laws were in the hands of 'caste Hindu officers'.

• He urged scheduled castes to join the government as well as the civil services.

23. What did the Constituent Assembly fear? Ans.: The Constituent Assembly feared that the executive might become too strong and ignore its responsibility

to the legislature. The Assembly therefore included a number of provisions in the Constitution to limit and control the action taken by the executive branch of government as a whole.

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