Chapter: Constitution – Why and How

🌟 1. Why Do We Need a Constitution?

🔹 Meaning of Constitution

1. A Constitution is a set of fundamental principles or rules that guides how a country is governed.
2. It defines the structure, powers, and functions of the government.
3. It also lays down the rights and duties of citizens.
4. The Constitution acts as the supreme law of the land — no law or government action can go against it.
5. It provides the framework for political institutions and ensures that the country functions in an organized, democratic way.

🔹 Importance of a Constitution

1. Defines nature of political system:
   It tells us whether a country is democratic, monarchy, federal, etc.
2. Limits government powers:
   Prevents misuse of authority by clearly specifying limits and procedures.
3. Protects citizens’ rights:
   Ensures equality, freedom, and justice for all citizens.
4. Provides rule of law:
   Everyone is subject to the law, no one is above it.
5. Establishes legitimacy:
   All laws and actions are legitimate only if they are consistent with the Constitution.
6. Ensures stability:
   Creates a sense of unity and common purpose in a diverse society like India.
7. Sets procedures:
   It provides clear methods for decision-making, law-making, and resolving disputes.
8. Foundation for democracy:
   It ensures free elections, accountable government, and protection of minority rights.

⚖️ 2. Specification of Decision-Making Powers

1. The Constitution clearly specifies who has the power to make which kind of decisions.
2. It divides authority among various organs — Legislature, Executive, and Judiciary.
3. Legislature: Makes laws.
   • Parliament (Union level)
   • State Legislatures (State level)
4. Executive: Implements and enforces laws.
   • President, Prime Minister, Council of Ministers (Union)
   • Governors and Chief Ministers (States)
5. Judiciary: Interprets laws and ensures justice.
   • Supreme Court, High Courts, and Subordinate Courts.
6. The Constitution also defines:
   • Who can amend the Constitution.
   • How conflicts between Centre and States are resolved.
7. This division of powers prevents concentration of power in one authority and promotes checks and balances.
8. It guarantees that no organ can override another, maintaining harmony in governance.

🧭 3. The Authority of a Constitution

🔹 Meaning

1. The authority of the Constitution lies in its acceptance by the people as the supreme law.
2. It is binding on all citizens and institutions — including government bodies.

🔹 Sources of Constitutional Authority

1. Sovereignty of the People:
   • The Constitution of India begins with “We, the People of India”, indicating ultimate authority lies with the citizens.
2. Rule of Law:
   • Every action of government must conform to the law; even the highest officials are accountable.
3. Judicial Review:
   • The courts ensure that all laws and actions conform to the Constitution.
4. Supremacy of the Constitution:
   • No law, custom, or order can violate it; if it does, it is declared void.
5. Democratic Consent:
   • The Constitution derives legitimacy from being framed by elected representatives (Constituent Assembly).

🔹 Why is It Supreme?

1. It defines the relationship between citizens and the state.
2. It is the source of power for all institutions.
3. It ensures continuity and stability, even when governments change.
4. It provides the mechanism for self-correction through amendments.
5. It guarantees fundamental values — justice, equality, liberty, and fraternity.

🏗️ 4. How Was the Indian Constitution Made?

🔹 Historical Background

1. The idea of a written constitution for India evolved during the freedom struggle.
2. The Indian National Congress and leaders like Nehru, Gandhi, Ambedkar often discussed the need for a constitution after independence.
3. The Cabinet Mission Plan (1946) proposed a Constituent Assembly to frame the Constitution of India.
4. The Constituent Assembly first met on 9 December 1946.
5. Dr. Rajendra Prasad was elected as its President.
6. Dr. B.R. Ambedkar became the Chairman of the Drafting Committee.
7. The Assembly took 2 years, 11 months, and 18 days to complete the Constitution.
8. The Constitution was adopted on 26 November 1949, and came into effect on 26 January 1950 — celebrated as Republic Day.

📜 5. Mode of Promulgation

1. “Promulgation” means the formal declaration of the Constitution as the law of the land.
2. The Indian Constitution was not imposed by an external power — it was made by Indians for Indians.
3. It was adopted by the people’s representatives through the Constituent Assembly.
4. The Preamble begins with “We, the People of India”, emphasizing that sovereignty belongs to the people.
5. The Constitution thus derives its authority from the people, not from any monarch or colonial ruler.
6. On 26 January 1950, the Constitution was brought into force, making India a Republic — a country governed by its own laws and elected representatives.

⚙️ 6. The Substantive Provisions of the Constitution

🔹 Definition

1. Substantive provisions refer to the main contents and principles included in the Constitution.
2. They define how the country is organized and governed.

🔹 Key Provisions

1. Preamble:
   • Declares India as Sovereign, Socialist, Secular, Democratic, Republic.
   • Upholds Justice, Liberty, Equality, and Fraternity.
2. Fundamental Rights (Part III):
   • Guarantee basic human rights to all citizens — equality, freedom, right to life, religion, etc.
3. Directive Principles of State Policy (Part IV):
   • Guide the government in policymaking for social and economic welfare.
4. Fundamental Duties (Part IVA):
   • Responsibilities of citizens toward the nation.
5. Structure of Government:
   • Division of powers among Legislature, Executive, and Judiciary.
   • Describes Union and State governments.
6. Federal System with Unitary Bias:
   • Division of powers between Centre and States, but Centre holds more powers for unity.
7. Independent Judiciary:
   • Ensures protection of rights and constitutional supremacy.
8. Emergency Provisions:
   • Enable central control during crises (National, State, or Financial Emergency).
9. Amendment Procedure (Article 368):
   • Allows flexibility and change according to time and needs.
10. Universal Adult Franchise:
    • Every citizen above 18 years has the right to vote.
11. Secularism:
    • No official religion; all religions are treated equally by the State.

🧩 7. Balanced Institutional Design

🔹 Meaning

1. The Constitution ensures a balance of power between different institutions of governance.
2. It provides checks and balances so that no organ misuses its power.

🔹 Balance Between Organs of Government

1. Legislature: Makes laws, controls finances, and keeps the executive accountable.
2. Executive: Implements laws but remains answerable to the legislature.
3. Judiciary: Interprets laws and ensures that all actions conform to the Constitution.

🔹 Balance Between Centre and States

1. The Constitution provides a federal structure with clear division of powers:
   • Union List – subjects for Centre (defence, foreign affairs, etc.)
   • State List – subjects for States (police, health, etc.)
   • Concurrent List – shared subjects (education, forests, etc.)
2. The Centre has overriding power in case of conflict on Concurrent List matters.
3. Inter-State Councils and Finance Commission help maintain cooperation and balance.

🔹 Balance Between Flexibility and Rigidity

1. The Constitution is neither too rigid nor too flexible.
2. Some provisions can be amended easily; others require special majority and State consent.
3. This balance ensures both stability and adaptability.

🔹 Judicial Safeguards

1. Judicial review prevents unconstitutional laws.
2. Public Interest Litigation (PIL) allows citizens to approach courts for justice.
3. This ensures accountability and constitutional integrity.

🧠 8. Composition of the Constituent Assembly

1. The Constituent Assembly was formed under the Cabinet Mission Plan (1946).
2. It had 389 members initially:
   • 292 from British Indian provinces,
   • 93 from princely states,
   • 4 from chief commissioner provinces.
3. After Partition (1947), the number reduced to 299 members.
4. Members were indirectly elected by the provincial assemblies.
5. Representation was given to all communities, minorities, and political opinions.
6. Dr. Rajendra Prasad – President of the Assembly.
   H.C. Mukherjee – Vice President.
   B.R. Ambedkar – Chairman, Drafting Committee.
7. Women members included Hansa Mehta, Durgabai Deshmukh, Sarojini Naidu, etc.
8. The Assembly functioned through various committees:
   • Union Powers Committee – Jawaharlal Nehru
   • Fundamental Rights Committee – J.B. Kripalani
   • Drafting Committee – Dr. B.R. Ambedkar
9. The Assembly met for 11 sessions between 1946 and 1949.
10. All debates were open and recorded, ensuring transparency.
11. Decisions were usually made by consensus, not majority vote.
12. The final draft was approved on 26 November 1949.

💬 9. The Principle of Deliberation

🔹 Meaning

1. Deliberation means careful and open discussion before making a decision.
2. The Constituent Assembly followed this principle thoroughly.

🔹 Features of Deliberation in the Assembly

1. Free Discussion:
   • Every clause was debated publicly.
   • Members expressed differing opinions freely.
2. Diverse Representation:
   • Included Hindus, Muslims, Sikhs, Scheduled Castes, Tribes, Women, etc.
3. Consensus Building:
   • Most decisions were reached through persuasion, not voting.
4. Influence of Global Ideas:
   • The Assembly studied other constitutions (U.S., U.K., Ireland, Canada, etc.) before finalizing provisions.
5. Democratic Spirit:
   • Even opposition views were respected.
   • Amendments were considered seriously.
6. Public Accountability:
   • Debates were open; media and public could follow the proceedings.
7. Outcome:
   • The final Constitution reflected India’s diversity and unity, built on reasoned discussion and mutual respect.

🇮🇳 10. Key Features of the Indian Constitution (Summary)

1. World’s longest written Constitution – 395 Articles, 12 Schedules (now 25 parts, 470+ Articles after amendments).
2. Blend of rigidity and flexibility.
3. Federal system with a strong Centre.
4. Parliamentary form of government.
5. Secular and democratic republic.
6. Universal adult suffrage.
7. Independent judiciary.
8. Fundamental Rights and Duties.
9. Directive Principles of State Policy.
10. Single citizenship.
11. Emergency provisions for national security and unity.
12. Amendment procedure to allow evolution.

📚 Conclusion

1. The Constitution of India is not merely a legal document — it is a living guide that reflects the hopes, dreams, and struggles of the Indian people.
2. It defines the relationship between citizens and the state and ensures the functioning of democracy.
3. It represents the collective wisdom of the Constituent Assembly and embodies the principles of justice, liberty, equality, and fraternity.
4. Its success lies in its ability to adapt to change while preserving core values.
5. Therefore, understanding the “Why and How” of the Constitution is key to understanding India’s democracy itself.