Constitution: Why and How
CBSE Class 11 Political Science Notes (No Copyright)
1. Why Do We Need a Constitution?
A Constitution is the supreme law that defines the structure, powers, and duties of the government.
- It guides how a country is governed and ensures rule of law.
- Defines nature of political system – democracy, monarchy, etc.
- Limits powers of government and prevents misuse of authority.
- Protects citizens’ rights and ensures justice, equality, and liberty.
- Provides procedures for decision-making and dispute resolution.
- Acts as the foundation for democracy and political stability.
2. Specification of Decision-Making Powers
- The Constitution divides powers among the Legislature, Executive, and Judiciary.
- Legislature: Makes laws – Parliament and State Legislatures.
- Executive: Implements laws – President, Prime Minister, Governors, etc.
- Judiciary: Interprets laws and ensures justice – Supreme Court, High Courts.
- Defines who can amend the Constitution and how conflicts are resolved.
- Ensures checks and balances between organs of government.
3. The Authority of a Constitution
- Authority of the Constitution lies in its acceptance by the people as the supreme law.
- Sovereignty of the People: “We, the People of India” – ultimate power rests with citizens.
- Rule of Law: No one is above the law.
- Judicial Review: Courts ensure laws follow the Constitution.
- Supremacy: All institutions derive power from it.
- Democratic Consent: Made by elected representatives of the people.
4. How Was the Indian Constitution Made?
- Idea emerged during India’s freedom struggle.
- The Cabinet Mission Plan (1946) proposed a Constituent Assembly.
- First meeting: 9 December 1946.
- Dr. Rajendra Prasad – President; Dr. B.R. Ambedkar – Drafting Committee Chairman.
- Assembly took 2 years, 11 months, and 18 days to complete the Constitution.
- Adopted on 26 November 1949, effective from 26 January 1950.
5. Mode of Promulgation
- Promulgation means formal declaration as the law of the land.
- Indian Constitution was made by Indians, not imposed by any external authority.
- Derived authority from “We, the People of India”.
- Adopted by people’s representatives through the Constituent Assembly.
- Enforced on 26 January 1950 – India became a Republic.
6. The Substantive Provisions of the Constitution
- Preamble: Declares India as Sovereign, Socialist, Secular, Democratic, Republic.
- Fundamental Rights: Ensure equality, liberty, freedom of religion, and justice.
- Directive Principles: Guide government in policy and welfare.
- Fundamental Duties: Responsibilities of citizens.
- Structure of Government: Legislature, Executive, Judiciary defined.
- Federal System with Unitary Bias: Powers divided between Centre & States.
- Independent Judiciary: Protects rights and ensures justice.
- Emergency Provisions: Allow central control during crises.
- Amendment Procedure: Article 368 – allows flexibility and change.
- Universal Adult Franchise: Every citizen 18+ can vote.
7. Balanced Institutional Design
- Ensures balance of power among institutions.
- Legislature: Makes laws, controls finances, checks the executive.
- Executive: Implements laws, accountable to legislature.
- Judiciary: Interprets laws, ensures constitutional supremacy.
- Centre-State Balance: Division of subjects into Union, State, Concurrent Lists.
- Flexible & Rigid Balance: Easy and special amendment procedures.
- Judicial Safeguards: Judicial Review and PILs ensure accountability.
8. Composition of the Constituent Assembly
- Formed under Cabinet Mission Plan (1946).
- Initially 389 members – 292 provinces, 93 princely states, 4 commissioner provinces.
- After Partition, reduced to 299 members.
- Members indirectly elected by Provincial Assemblies.
- Inclusive representation: minorities, women, SC/ST, all communities.
- President: Dr. Rajendra Prasad; Vice President: H.C. Mukherjee.
- Women members: Hansa Mehta, Durgabai Deshmukh, Sarojini Naidu.
- Important Committees: Fundamental Rights, Union Powers, Drafting Committee.
- Functioned for 11 sessions over nearly 3 years.
- Approved final draft on 26 November 1949.
9. The Principle of Deliberation
- Deliberation: Careful and open discussion before decision-making.
- Members debated each clause publicly and freely.
- Diverse representation ensured all opinions were heard.
- Most decisions reached through consensus, not voting.
- Global constitutions studied – U.S., U.K., Ireland, Canada, etc.
- Reflected democratic spirit and tolerance of differing opinions.
- Media covered debates, ensuring transparency.
- Final Constitution reflected India’s unity in diversity.
10. Key Features of the Indian Constitution
- World’s longest written Constitution.
- Blend of rigidity and flexibility.
- Federal structure with strong Centre.
- Parliamentary system of government.
- Secular and democratic republic.
- Universal adult suffrage (18+).
- Independent judiciary.
- Fundamental Rights and Duties.
- Directive Principles of State Policy.
- Single citizenship.
- Emergency provisions for unity and security.
- Amendment procedure allows adaptation and evolution.
Conclusion
The Constitution of India is a living document — the result of the collective wisdom and struggle of the Indian people. It defines the relationship between citizens and the state, guarantees justice and liberty, and ensures that democracy thrives. By balancing flexibility with stability, it continues to guide India toward equality, unity, and progress.
