B.M. Academia help you to make your work easy . So here we are with notes of Indian constitution at work book of political science ch 1 Constitution why and how?
Constitution why and how? Notes
Constitution : compact document that comprises a number of articles about the state specifying how the state is to be constituted and what norms to be followed
Why do we need constitution ?
- To provide a set of basic rules that allow for minimal coordination amongst member of society
- In a diverse country Like India every group will need some basic rules that are publically promoted and known to all the members to achieve minimal coordination . They should be enforced
- In monarchy ➡ monarch
- Soviet union ➡ single party
- Ancient greek ➡ all people directly vote
India ➡ parliament decides law and policies
3.
To set limits on what government can impose. The limits are fundamental
in nature such
that government can never trespass them
- This is to make sure that government doesn't pass unfair laws
- The directive principles of state policy also allow government to fulfill certain aspirations of society
Fundamental identity of citizens
- Political identity form by agreeing to certain norms
- Moral identity form as constitution sets fundamental values that cannot be trespassed
- National identity form as country provide with nationality
Making constitution effective depends on various factors
- Mode of propagation
- In many countries constitution don't work as it's either made by unpopular or military leaders
- Successful constitution is made aftermath of nationalist movement
- Like Indian constitution which was not subjected to referendum but has enormous public authority
- Constitution ensures that no institution acquire monopoly of power
- This is done by fragmented power
- Successful constitution strike right balance between preserving core values and adapting them to new circumstances
- Indian Constitution ➡ living document
- Constitution assembly held it's first sitting on 9 December 1946
- It again met on 14 August 1947 for divided India
- Members were indirectly chosen through proportional representation[ by single transferable vote] by members of provincial legislative assembly established under government of India act 1935
- This was made by the plan proposed by BRITISH CABINET or CABINET MISSION .
- Each state was allocated seats according to their population {1:1000000} where provinces were given 292 seats and princely states with 93 seats
- seats were distributed between three communities Muslim ,general, Sikhs.
- Consequence of the partition under the plan of 3 June 1947 . Members were reduced to 299
- Constitution assembly has 8 major committee on different subjects
- The constitution assembly met for 166 days over period of 2 years 11 months 18 days
- Constitution was adopted on 26 November 1949
- 284 members signed constitution on 24 January 1950
- It was implemented on 26 January 1950
Principle of deliberation
- Each member deliberated upon constitution with interest of whole nation
- There were many disagreements
- But universal suffrage was passed without any debate
The best summary of the principle that nationalist movement is the
objective resolution moved by nehru in 1946
Provision adopted from different constitution of different countries
British constitution
- First past the post
- Parliamentary form of government
- The idea of rule of law
- Institution of speaker and his / her power
- Law making procedure
Irish constitution
- Directive principles of state policy
French constitution
- Principle of Liberty, equality and fraternity
Canadian constitution
- A quasi federal form of government
- The idea of residual power
United States constitution
- Charter of fundamental rights
- Power of judicial review and independence of judiciary
