What is the need for the Constitution of India?

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949. The
Constitution declares India to be a sovereign, socialist, secular democratic republic. The
importance of the Constitution of India is that it is the basic document that governs the country.
The Constitution of India is important because it ensures that decision-makers on behalf of the
people have a fair representation of public opinion. It laid down the ways in which officials
exercising power could be held accountable to the people they serve.

Importance of the Constitution of India

 It is a set of rules and principles on which all the people of a country can agree are set
forth by the constitution.
 It provides the ways in which they want the country to be governed.
 It also includes an agreement on the type of government or system of government and
certain ideals they believe should be upheld in the country.
 To provide a set of basic rules that allow for minimal coordination and peace amongst
members of society.
 To specify who has the power to make decisions in a society. It decides how the
government will be constituted.
 To set some limits on what a government can impose on its citizens. These limits are
fundamental in the sense that the government may never use its power in a wrong way.
 To enable the government to fulfil the wishes of a society and create conditions for a just
and equal society.

What are the basic features of the Constitution?

The Constitution of India is considered a unique constitution across the world. It is the largest
written liberal democratic constitution in the world. The salient features of the Indian
Constitution are a mixture of federalism and unity and its flexibility and rigidity. The outline of
the Constitution of India was prepared by a Constituent Assembly. This assembly was an
indirectly elected body. It laid down certain ideals for being part in the Constitution. These ideals
included a commitment to democracy and guaranteed to all the people of India, justice, equality,
and liberty. It also declared that India would be a democratic republic.

 The Constitution of India begins with a Preamble.

 The Constitution is the foundational law for a country that defines the fundamental
rights and directive principles on which the governance of the country is based.
 The Constitution lays down the framework for the functioning of various systems in
the government and the interaction between the Government and the citizens.
 It required 2 years 11 months and 18 days to complete the Indian Constitution.
  The Constitution of India is a mixture of different constitutions and sources. It has
taken its many features from different constitutions such as the USA, Russia, Japan,
France, etc

What is the Preamble?

 A preamble is an introductory statement in our constitution that explains the

document’s philosophy and objectives.
 In a constitution, it presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
 Although not enforceable in court, the Preamble states the objectives of the Constitution
and acts as an help during the interpretation of Articles when language is found
confusing.
 It is indicated by the Preamble that the source of authority of the Constitution lies with
the people of India.
 The Preamble declares India to be a sovereign, socialist, secular and democratic republic.
 The objectives stated by the Preamble are to secure justice, liberty, and equality to all
citizens and promote fraternity to maintain the unity and integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
 It is also called ‘Identity card of the constitution’- NA Palkhivala and ‘The
horoscope of our constitution’- Dr KM Munshi

Key words in the Preamble

 We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being subject
to the control of any other State or external power.
 Sovereign: The term means that India has its own independent authority and it is not
a dominion of any other external power..
 Socialist: The term means the achievement of socialist ends through
democratic means. Basically welfare state. It was added in the Preamble by
42nd Amendment, 1976.
 Secular: The term means that all the religions in India get equal respect, protection
and support from the state. It was incorporated in the Preamble by
42nd Constitutional Amendment, 1976.
 Democratic: The term implies that the Constitution of India has an established form
of Constitution which gets its authority from the will of the people expressed in an
election.
 Republic: The term indicates that the head of the state is elected by the people. In
India, the President of India is the elected head of the state.
objectives of the Indian Constitution/ preamble-

o The Constitution is the supreme law and it helps to maintain integrity in the society and
to promote unity among the citizens to build a great nation.

 The main objective of the Indian Constitution is to promote harmony throughout the
nation.
 Justice: It is necessary to maintain order in society that is promised through various
provisions of Fundamental Rights and Directive Principles of State Policy provided by the
Constitution of India. It comprises three elements, which is social, economic, and political.

 Social Justice – Social justice means that the Constitution wants to create a society
without discrimination on any grounds like caste, creed, gender, religion, etc.
 Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. Every person must be
paid equally for an equal position and all people must get opportunities to earn for their
living.
 Political Justice – Political Justice means all people have an equal, free and fair right
without any discrimination to participate in political opportunities.
 Equality: The term ‘Equality’ means no section of society has any special privileges
and all the people are given equal opportunities for everything without any discrimination.
Everyone is equal before the law.
 Liberty: The term ‘Liberty’ means freedom for the people to choose their
way of life, and have political views and behaviour in society. Liberty does not mean
freedom to do anything, a person can do anything but in the limit set by the law.
 Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an
emotional attachment with the country and all the people. Fraternity helps to promote dignity
and unity in the nation.

What are fundamental rights?

Articles 12-35 of the Indian Constitution deal with Fundamental Rights. Fundamental
rights are the basic human rights enshrined in the Constitution of India which are
guaranteed to all citizens. They are applied without discrimination on the basis of race,
religion, gender, etc. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them.

 2. They are justiciable (enforceable by courts). In case of a violation, a person can approach
a court of law.

How many Fundamental Rights are there in the Indian Constitution?

There are six fundamental rights in the Indian Constitution. They are mentioned below along
with the constitutional articles related to them:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Indian Constitution, i.e., the right to
property. However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment. This was because this right proved to be a hindrance towards
attaining the goal of socialism and redistributing wealth (property) equitably among the people.

Is right to property a constitutional right or legal right?

Now the right to property is now a legal right and not a fundamental right.

Fundamental duties:

The Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of
which was felt during the internal emergency of 1975-77. The 42nd Amendment Act of 1976
added 10 Fundamental Duties to the Indian Constitution.
what are the Listed Fundamental Duties?

 To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem,
 To cherish and follow the noble ideals that inspired the national struggle for
freedom,
 To uphold and protect the sovereignty, unity and integrity of India,
 To defend the country and render national service when called upon to do so,
  To promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women,
 To value and preserve the rich heritage of the country’s composite culture,
 To protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures,
 To develop scientific temper, humanism and the spirit of inquiry and reform,
 To safeguard public property and to abjure violence,
 To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement, and
 To provide opportunities for education to his child or ward between the age of six
and fourteen years

What is the Significance of Fundamental Duties?

 Constant Reminder of Democratic Conduct: Fundamental Duties are intended to

serve as a constant reminder to every citizen that while the Constitution
specifically given on them certain fundamental rights, it also requires citizens to
do basic duties of democratic conduct and democratic behavior.
 Admonishes Against Anti-Social Activities: They serve as a warning to the
people against the anti-social activities that disrespect the nation like burning the
flag, destroying public property or disturbing public peace.
 Sense of Discipline and Commitment: These help in the promotion of a sense of
discipline and commitment towards the nation.
 They help in realizing national goals through the active participation of
citizens rather than mere spectators/viewers.
 Help Determine Constitutionality of Law: It helps the Court in determining the
constitutionality of the law. For instance, any law passed by the legislatures,
when taken to Court for constitutional validity of the law, if it is giving force to
any Fundamental Duty, then such law would be taken as reasonable