Indian constitution at work ch 1 Constitution: why and how? Notes class 11

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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 ?

1. 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

       2. To specify who has the power to make decision in a society. It decides how a                 government will be constituted 

• 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

       4. Enable government to fulfill the aspirations of a society and create conditions              for a just society

• The directive principles of state policy also allow government to fulfill certain aspirations of society

Fundamental identity of citizens

1. Political identity form by agreeing to certain norms
2. Moral identity form as constitution sets fundamental values that cannot be trespassed
3. National identity form as country provide with nationality 

Authority of constitution 

Making constitution effective depends on various factors

1. 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

       2.  Balance institutions design

• 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 

How was Indian constitution made?

• 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. 

Composition of constituent assembly

• 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

Inheritance of nationalalist movement

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 

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Class 11 notes political science chapter 2 Rights in Indian constitution

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Indian constitution at work ch 2 

Rights in Indian constitution notes

What are rights ? 

They are moral principles when accepted by society becomes legal rights

Importance of right

If rights granted by constitutional are not practiced properly then it would cause major inconvenience to that extent that one's life can be wasted

Bill of rights 

It is a list of rights given by constitution and protected by judiciary

Fundamental rights in the Indian constitution

• Specially protected rights
• Can only be changed by amending the constitution itself  unlike ordinary right which can be changed by ordinary process
• Judiciary is the protector of all rights

Fundamental rights include

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitution remedies
   
   
   

Right to equality 

• Prohibited discrimination ➡ state shall confer no title except military or academic one
• Article 16(4) ➡  Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
• Equality of opportunity is vital 

• Article 21➡  Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law

Right to freedom 

• No person would be arrested without telling the ground of arrest and would be presented before magistrate within 24 hours
• Preventive detention

1. A person shall be arrested if he/ she is likely to engage in a unlawful activity
2. He/ she can only be arrested for 3 months
3. Then it is sent to advisory board for review

• Rights of the accused

1. He/ she is not guilty until found
2. No one can be punished for same offence more than once 
3. Can't declare a action illegal from backdate
4. No one can be asked to give evidence against himself/ herself

• Other freedom include freedom of speech, expression 

Right against exploitation

• Can not be forced to do something against his / her will that harm his moral and physique
• This right forbids employment under age of 14 year old in dangerous jobs
• Human trafficking is strictly prohibited 

Right to freedom of religion

• Every one is free to follow any religion or not not to follow any 
• However, government can impose restrictions to protect public order, morality and health
• Constitution has gauranted right to propagate one's religion but forbids forcible conversation 
• Government did not favour any religion. There is no state religion

Cultural and educational rights

• Right of minorities to follow their culture. They can set up their own educational institutions
• But it can only be followed if it doesn't harm national and personal interest

Right to constitution remedies

• Dr B R ambedkar called this right heart and soul of Indian constitution 
• The court can issue special orders known as writs