Ch – 1 The Indian Constitution

Important Notes:

  • The purposes of a Constitution:
    • It tells the fundamental nature of the society.
    • It serves 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 to be governed.
    • To ensure that a dominant group does not use its power against other, less powerful people or groups.
    • It guarantees rights to citizens and protect their freedom.
  • Timeline:
    • 1934 – Indian National Congress demanded for a Constituent Assembly
    • Nov 1946 – Constituent Assembly was constituted
    • December 9, 1946 – First meeting of Constituent Assembly was held.
    • Dec 13, 1946 – Objectives Resolution was passed by Jawaharlal Nehru.
    • Dec 1946-Nov 1949 – Constituent Assembly drafted a Constitution
    • Nov 4, 1948 – First reading of the final draft of the Constitution, followed by five days of discussion about it.
    • Nov 26, 1949 – Constitution was adopted
    • Jan 24, 1950 – Final session of Constituent Assembly was held
    • Jan 26, 1950 – Constitution came into force
  • Key Features of Indian Constitution:
  • Federalism:
    • Existence of more than one government.
    • Governments are formed at centre and state levels.
    • Panchayati Raj is the third tier of the government.
    • Each state enjoys autonomy in excercising powers on certain issues.
    • The Constitution lists the issues that each tier of government can make laws on.
  • Parliamentary Form Of Government:
    • Constitution guarantees universal adult suffrage.
    • People have a direct role in choosing their representatives.
  • Separation Of Powers:
    • The three organs of the state are legislative, executive and judiciary.
    • Legislature refers to the group of elected representatives.
    • Executive is a smaller group of people who implement laws and run the government.
    • Judiciary refers to the court system.
    • Through separation of powers, each organ exercises different powers and each organ acts as a check on the other organs of the State.
  • Fundamental Rights:
    • This section is considered as the ‘conscience’ of the Indian Constitution.
    • The Constitution guarantees rights against the state as well as against other individuals.
    • According to Dr. B.R.Ambedkar the Fundamental Rights have a two-fold objective: First, that every citizen must be in a position to claim those rights and Second, these rights must be binding upon every authority that hos got the power to make laws.
    • Constitution also has a section called ‘Directive Principles of State’ which serves as a guide to the State to institute laws and policies that ensure economic and social reforms.
  • Secularism:
    • A secular state is one in which the state does not officially promote any one religion as the state religion.

Fundamental Rights mentioned in Indian Constitution are:

  • Right To Equality:
    • All persons are equal before the law.
    • No citizen shall be discriminated on the basis of caste, gender or religion.
    • Public places can be accessed by all persons.
    • Untouchability has been abolished.
  • Right To Freedom:
    • It includes rights to freedom of speech and expression, the right to form associations, right to move freely and reside in any part of the country, and right to practise any profession or business.
  • Right Against Exploitation:
    • It prohibits trafficking, forced labour and children working under the age of 14.
  • Right To Freedom Of Religion:
    • It means that every person has the right to practice, profess and propagate the religion of their choice.
  • Cultural And Educational Rights:
    • It means that minorities (religious or linguistic) can set up their own educational institutions in order to preserve and develop their own culture.
  • Right To Constitutional Remedies:
  • If the citizens feel that their fundamental rights have been violated they can move to the court.

Published by Priya Prakash

In the midst of winter, i found there was within me an invincible summer ~ Albert Camus

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