Ch. 1 Constitution Why and How

Chapter 1. Constitution: How and Why?
Q1. What is the constitution? Why do we need a constitution?
Answer: constitution is a book of fundamental rules according to which a country is governed.

Constitution play a very important role in a democratic country. All the democratic countries
have constitution.
First Function: constitution allows coordination and assurance. Constitution provides a set
of basic rules so that different people can live together,
Second Function: specification of decision making powers. A constitution explains who has
the power to make decisions in a society. It decides how the government will be formed.
Third function: A constitution puts limitations on the power of the government. for the third
function of a constitution is to set some limits on what a government can impose on its citizens.
Fundamental rights puts limitations on the authority of the govt.
Fourth function of a constitution is about aspirations and goals of a society. Constitution
enables the government to create conditions for a just society.
Q2. How effective is a constitution? What are the factors which make a constitution
really effective?
What factors do ensure that it has a real impact on the lives of the people?
Making the constitution effective depends upon many factors.
The first is mode of promulgation. It basically means who drafted the constitution? And how
much authority did they have?
In India, South Africa and USA, the constitution were drafted in the aftermath of popular
National movements. Thus the final document was based on the broad National consensus at
that time.
All the political leaders were very popular among the people. They played a very important role
in the making of a constitution. The leaders carried a lot of public authority.
The next is substantive provisions of a constitution. Substantive provisions basically means
whether it gives everyone in society some reason to go along with its provisions. weather every
major and minor group of people gets some benefit from the constitution then they would make
the constitution successful. The more the constitution preserves the freedom and equality of all
its members’ the more likely it is to succeed.
Third factor is balanced institutional design. Balanced institutional design basically means
the division of the powers and functions between the legislative, executive and judiciary the
division of the powers and functions between the central government, the state government and
the local government. So if the division of power and functions is done thoughtfully then a small
group of people cannot monopolize or centralised all the powers in their hands. So it is quite
necessary.
Next is how the constitution of India was made. it was made through the deliberations,
discussions and open public debates. All the relevant provisions of the constitution of India
was debated and discussed. These provisions were made part of the constitution after debate
only. So the best provisions were included in the constitution.
The Indian Constitution has been made still more effective by the inheritance of the
Nationalist movement the Congress party in its leaders. Objective resolution was
introduced in the constituent assembly. Objectives resolution basically mentioned the main
purpose of the assembly.
The constitution gives institutional expression to these fundamental commitments like equality,
Liberty, democracy, sovereignty, secularism, social justice and the Cosmopolitan identity. The
constitution is not merely about rules and regulations, but it is also about commitment to
establish a government that will fulfill the many promises that the Nationalist movement held
before the people.
All the above mentioned factors make the constitution effective.
Q3. How was the Indian constitution made?
Ans. i. Constituent Assembly was formed in 1946. Dr. Rajendra Prasad was the chairman of the
Constituent Assembly. There were 299 members elected to the constituent Assembly. These
members were elected by the provincial Legislative assemblies. Members were also nominated
by the princely states.
ii. This constituent assembly also functioned as provisional parliament for independent India.
iii. The First meeting of the Constituent Assembly was held in December 1946. And the Last
meeting was conducted on 26 November 1949.
iv. There were several important committees which played a very important role in framing the
constitution. Drafting committee was the important committee. Dr. B. R. Ambedkar was the
chairman of the drafting committee.
v. The constitution of India was prepared by debates, discussions, consultations, public reason
and deliberations
vi. Constitution of India came into force on 26 January 1950.
Q4. Explain in detail the major provisions adopted from the constitutions of different
countries.
Answer; Indian leaders borrowed several ideas from other constitutions. These ideas and
principles were not merely copy paste job. But these ideas were debated and adopted to Indian
conditions.
It was not merely a copycat kind of thing but each and every provision was adopted keeping in
mind the Indian reality, Indian situations, Indian problems, inspirations.
Britain
First past the post system, Parliamentary form of Government, the idea of the rule of law,
Institution of the speaker and the role law making procedure.
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United States
The bill fundamental rights, power of judicial review and independence of the judiciary.
Iris constitution
Directive Principles of State Policy
French constitution
Principles of Liberty equality and fraternity
Canadian constitution
Quasi federal form of Government (system with a strong Central Government), the idea of
residual powers
Q5. Why is it necessary for a country to have clear demarcation of powers and
responsibilities in the constitution what would happen in the absence of such a
demarcation?
i. Balanced institutional design basically means the division of the powers and functions
between the legislative, executive and judiciary.
ii. the division of the powers and functions between the central government, the state
government and the local government.
iii. So if the division of power and functions is done thoughtfully then a small group of
people cannot monopolize or centralised all the powers in their hands.So it is quite
necessary.
iv. So all the powers and functions are very clearly mentioned in the constitution of India.
There would not be any confusion among different organs and different levels of the
govt.
Q6. Why is it necessary for a constitution to place limitations on the rulers? can there be
Constitution that gives no power at all to the citizens?
i. A constitution puts limitations on the power of the government. Constitution is
to set some limits on what a government can impose on its citizens.
ii. Fundamental rights puts limitations on the authority of the govt. We have six
fundamental rights mentioned in the constitution of India.
iii. These rights are guaranteed in the constitution. It means if these rights are violated
then a citizen can approach directly a high court or supreme court.
iv. No, there cannot be any constitution which gives no power at all to its citizens.
v. Democratic constitution are framed by the elected representatives of the people. So
it is made for the people.
Page 3 of 4
Q7. The Japanese Constitution was made when the US occupation Army was still in
control of Japan after its defeat in the Second World War. Japanese constitution could
not have had any provision that the US government did not like. Do you see any problem
in this way of making the constitution? In which way was the Indian experience different
from this?
Ans. i. Once a constitution is framed. Democratic elections are conducted and a govt. is
formed. So in case there is some provisions which are not appropriate then these provisions
can be amended by the parliament.
ii. Entire constitution can be reframed if the parliament of the country thinks so.
iii. In Japan regular elections have been conducted. These elections are periodic, free and fair.
So since the new democratic govt. has accepted the constitution, it is continued to function.
iv. This constitution has been accepted by the People of Japan
v. Constituent Assembly was formed in 1946. Dr. Rajendra Prasad was the chairman of the
Constituent Assembly.
vi. There were 299 members elected to the constituent Assembly. These members were elected
by the provincial Legislative assemblies. Members were also nominated by the princely states.
vii. This constituent assembly also functioned as provisional parliament for independent India.
viii. The First meeting of the Constituent Assembly was held in December 1946. And the Last
meeting was conducted on 26 November 1949.
ix. There were several important committees which played a very important role in framing the
constitution. Drafting committee was the important committee. Dr. B. R. Ambedkar was the
chairman of the drafting committee.
x. The constitution of India was prepared by debates, discussions, consultations, public reason
and deliberations
xi. Constitution of India came into force on 26 January 1950.
Q8. Rajat asked his teacher “the constitution is a 50 year old and therefore outdated
book. No one took my consent for implementing it. It is written in such a tough language
that I cannot understand it. Tell me why should I obey this document?” if you were the
teacher, how would you answer Rajat?
i. This constitution can be amended. This constitution can be changed time to time.
Moreover the interest of each and every individual has been taken into account.
ii. Rajat would be glad to know that there are six fundamental rights and 11
fundamental duties in our constitution. And this constitution has made our lives far
better.
iii. Without a constitution people would be fighting on the basis of religion, caste, class,
region etc. page 4 of 4

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Chapter 1. Constitution: How and Why?

Q1. What is the constitution? Why do we need a constitution?

Answer: constitution is a book of fundamental rules according to which a country is governed.

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