Key Points
Constitution: WHY AND HOW?
Definition of a Constitution
A constitution is a body of fundamental principles and rules according to which a state is governed. It can be a single document or a set of documents that performs these functions.
First Function: Coordination and Assurance
A constitution provides a set of basic, publicly known, and enforceable rules that allow for minimal coordination among diverse members of a society, giving them assurance that others will also follow these rules.
Second Function: Specifying Decision-Making Powers
The constitution specifies who has the power to make decisions and laws in a society. It decides how the government will be constituted, for example, by giving Parliament the authority to enact laws.
Third Function: Limitations on Government Power
A constitution sets fundamental limits on what a government can impose on its citizens. This is often done by specifying fundamental rights that the government cannot violate.
Fourth Function: Fulfilling Societal Aspirations
Modern constitutions, like India's, enable the government to take positive measures to overcome inequality and deprivation, thereby fulfilling the aspirations of society and creating conditions for a just society.
Fifth Function: Fundamental Identity of a People
A constitution expresses the fundamental political and moral identity of a people. It sets the overarching framework of values and principles that constitute a collective identity.
The Constituent Assembly
The Indian Constitution was drafted by the Constituent Assembly, whose members were chosen by indirect election by the members of the Provincial Legislative Assemblies in 1946.
Key Dates and Timeline
The Constituent Assembly held its first sitting on December 9, 1946. The Constitution was adopted on November 26, 1949, and came into force on January 26, 1950.
Important Figures
Dr. Rajendra Prasad was the President of the Constituent Assembly, and Dr. B.R. Ambedkar was the Chairman of the crucial Drafting Committee. Jawaharlal Nehru moved the Objectives Resolution.
Authority from Mode of Promulgation
The Constitution derived enormous authority from being drafted by credible leaders of the popular national movement. This gave it immense public legitimacy even without a direct referendum.
Authority from Substantive Provisions
The Constitution's success lies in its substantive provisions that give every group in society a reason to abide by it. It provides a framework for pursuing basic justice and protects freedom and equality.
Authority from Balanced Institutional Design
The Constitution intelligently fragments power horizontally among the Legislature, Executive, and Judiciary, and vertically between the central and state governments. This system of checks and balances makes it difficult for any single group to subvert it.
The Principle of Deliberation
The authority of the Constitution also comes from the process of public reason and deliberation in the Constituent Assembly. Every clause was subjected to scrutiny and debate, reflecting a consensus-based approach.
The Objectives Resolution
Moved by Jawaharlal Nehru in 1946, this resolution defined the aims of the Assembly and encapsulated the aspirations and values behind the Constitution. It guided the framing of the Constitution's fundamental commitments.
Borrowed Provisions from Other Constitutions
The framers borrowed various provisions from other countries' constitutions, but they were not simply copied. Each provision was debated and adapted to suit India's unique problems and aspirations.
Quick Revision Tips
- • Review these points before exams
- • Make flashcards for better retention
- • Connect points to real-world examples
- • Practice explaining each point in your own words