The Constitution of India - An Introduction

Class 07 Social Science

The Constitution of India is a guiding book or ‘rulebook’ which protects the rights of all citizens. Citizens are also expected to follow the fundamental duties of the Constitution. It is a living document that can be improved as per the country’s needs.

What Is a Constitution?

It is a document that spells out a nation’s basic principles and laws. It lays out:

• ƒthe framework of the three organs of the government (legislature, executive, and judiciary) and their roles and responsibilities
• ƒchecks and balances amongst the three organs of government to ensure fairness, responsibility and accountability
• ƒthe rights and duties of the citizens
• ƒan outline of the long-term goals and aspirations of the nation

Why do we need a constitution?

The basic rules and principles in a constitution determine what kind of government will be there, how it will be formed, and how it will function. This includes many principles such as how the legislature, executive and judiciary are formed and how they work. A constitution describes, for example, how laws are to be made and implemented, who elects the executive, how the judiciary is made, and what rights and duties individual citizens have.

Many constitutions, including the Indian Constitution, also state the values and ideals the country is committed to - for instance,equality and justice for all, fraternity, pluralism and freedom. In fact, it is these values and ideals that usually form the basis for the laws and principles in a constitution.

Writing the Constitution of India

While India was struggling for independence from British rule, it was necessary to start planning for how we would govern ourselves. There were many important questions to be answered in a large, culturally diverse and complex country like India: What type of government should we have? What rules and principles should guide us? Who should have the right to vote? How should we decide on disputes?

To answer these and many other questions, a Constituent Assembly was formed in 1946, initially with 389 members (later reduced to 299 after the Partition of India), of which 15 were women. These members represented India’s diverse regions, professions, and social groups.

The Indian Constitution was developed and written by the Constituent Assembly over a period of almost three years. It was formed on 9 December 1946, with its members elected by the legislative assemblies of the provinces (whose members had been, in turn, elected by the people). Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. The work was completed on 26 November 1949, and the resulting document was adopted as the Constitution of India on 26 January 1950, which celebrated as Republic Day.

The initial text of the Constitution was prepared by a Drafting Committee chaired by Dr. B.R. Ambedkar, an eminent social reformer and the first Law and Justice minister of independent India.

While the Constitution was developed by the Constituent Assembly, it had many influences. The experience, ideas and ideals of the Indian freedom movement were a significant influence. India’s civilisational heritage and culture also played a key role. Useful learnings from constitutions of other countries were also considered.

Influence of the Indian Freedom Movement

Many key ideals and values of the Indian freedom struggle were enshrined in the Constitution. The Constitution was the cornerstone for an independent India. A number of leaders of India’s freedom movement were members of the Constituent Assembly and, therefore, carried their experience and ideas from the freedom struggle to the Constitution.

Some of these values and ideals are: equality of all, justice for all, freedom, fraternity, preservation of India’s cultural heritage, and the idea of using the Constitution as a tool for and means of achieving these values and ideals.

Learning from across the world

The Constitution makers studied the constitutions of France, USA, UK, Ireland, Australia, and other countries that have a democratic system, to explore their usefulness for our context. For example, the ideals of ‘liberty, equality, fraternity’ were adopted from France’s constitution. The idea of the Directive Principles of State Policy was inspired by the Irish Constitution. The American Constitution helped shape the concept of an independent judiciary.

Key Features of the Constitution of India

The Constitution clearly defines the roles, functions, responsibilities, and accountability measures for each organ of government. The electoral system has been laid down to ensure that every eligible citizen of the country is enabled to vote.

Other core aspects of the Constitution are the Fundamental Duties, Fundamental Rights and the Directive Principles of State Policy. The Directive Principles of State Policy (DPSP) represent the essence of the social and economic vision that the framers of the Constitution had for India.

The Constitution is a Living Document

Our Constitution makers realised that a need for new laws and rules would emerge over time. For example, ‘Part IV-A: Fundamental Duties’ was added in 1976. However, any changes (‘amendments’) to the Constitution are rigorously debated in the Parliament before they are accepted. Some require a debate in legislative assemblies as well. Many times, opinions are sought from the general public. Some changes can also be initiated by popular movements.

Preamble

The Constitution’s core values are the guiding principles for policies and decision-making, which the government is expected to follow. Citizens are also expected to practise them to the best of their ability. These guiding values are present across the Constitution, but their essence is written in the Preamble.