CLASS -11th D

SUBJECT – POLITICAL SCIENCE (Indian Constitution at Work)

UNIT-1 Constitution : Why and How?

TEACHER – AMIT KUMAR

Constitution : why and how?

What is constitution- the basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee certain rights to the
people in it.

Types of constitution-

a) Written constitution
b) Unwritten constitution
c) Rigid constitution
d) Flexible constitution

A) Written constitution- If the constitution of a state are in a written form it is called

written constitution. Eg- India
B) Unwritten constitution- If the constitution of a state are in an unwritten form it is
called unwritten constitution . Eg-Britain
C) Rigid constitution – If the constitution of a state cannot be amended easily it is called
rigid constitution. Eg- America
D) Flexible constitution- If the constitution of a state can be amended easily it is called
flexible constitution . Eg- Britain.

Why do we need a Constitution

(i) It generates a degree of trust and coordination that is necessary for different kinds of
people to live together.

 (ii) It specifies how the government will be constituted and various powers to take various
decisions will be allotted to whom.

(iii) It lays down limits on the powers of the government and tell us what the rights of the
citizens are.

(iv) It also expresses the aspirations of the people about creating a good society.

(v) Constitution is the supreme law that determines the relationship among people living in
a territory and also the relationship between the people and the government.

Constitution allows coordination and assurance-The first function of a constitution is to

provide a set of basic rules that allow for minimal coordination amongst members of a
society.

Specification of decision making powers-The second function of a constitution is to specify

who has the power to make decisions in a society. It decides how the government will be
constituted.
Limitations on the powers of government- So the third function of a constitution is to set
some limits on what a government can impose on its citizens . These limits are fundamental
in the sense that government may never trespass them.

Aspirations and goals of a society-the fourth function of a constitution is to enable the

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

Fundamental identity of a people

 Constitution expresses the fundamental identity of a people.

 The people as a collective entity come into being only through the basic constitution.
 Constitutional norms are the overarching framework within which one pursues
individual aspirations, goals and freedoms.
 The constitution sets authoritative constraints upon what one may or may not do.
 It defines the fundamental values that we may not trespass. So the constitution also
gives one a moral identity.
 Many basic political and moral values are now shared across different constitutional
traditions.

Mode of promulgation

This refers to how a constitution comes into being .Who crafted the constitution and how
much authority did they have?

In many countries constitutions remain defunct why?

 Crafted by military leaders

 Leaders who are not popular
 Do not have the ability to carry the people with them

Why countries like India , South Africa and the United States are the most successful
constitutions?

- Created in the aftermath of popular national movements.

Indian constitution overview-

 The Constitution of India was framed by the Constituent Assembly in 1946 under the
Cabinet Mission Plan.
 The Constituent Assembly spent 2 years 11 months and 18 days to prepare the
constitution to be adopted on November 26, 1949 and came into force on 26 January,
1950.
 The Constitution of India is the Supreme Law to be accepted and respected by all the
citizens as well as institutions of the country.
 The Constitution of India is a blend of flexibility and rigidity as it is federal in form
but unitary in spirit.
 The main federal features of the Indian Constitution are written and flexible
constitution, distribution of powers between the center and the states, supremacy of
judiciary and existence of bi-cameral legislature.
 The framers of Indian Constitution have borrowed a number of provisions as per the
suitability of the nation from different countries, i.e. the British Constitution, the
American Constitution, the Constitution of Canada, the Constitution of Ireland, the
French Constitution, etc. along with the Government of India Act, 1935.
 Balanced Institutional Design :

 Designing of a constitution is to ensure that no single institution acquires monopoly

of power.
 For E.g. The Indian Constitution horizontally fragments power across different
institutions like the legislature, Executive and the Judiciary and even independent
statutory bodies like the Election commission.
 This ensures that even if one institution wants to subvert the constitution, others can
check its transgressions.
 An intelligent system of checks and balances has