CONSTITUTIONAL DESIGNS

CONSTITUTION is the fundamental legal document according to which the country

functions
NEED/IMPORTANCE/SIGNIFICANCE OF THE CONSTITUTION
-It lays down the structure of the government
-It generates a degree of trust for people to live together
-It specifies the powers of the different organs and levels of government
-It lays down limits on the powers of the government
-It expresses the aspirations of the people
-It tells us the rights of the citizens
-It safeguards the rights of the minorities

FEATURES OF THE INDIAN CONSTITUTION

-It is a Written Constitution
-It is one of the Lengthiest constitution
-It is a living document
-It is both rigid and flexible
-It is unique Constitution (as it has adopted the best features of the constitution of different
countries of the world)
-It establishes a parliamentary form of Govt
-It declares India to be a Sovereign Socialist Secular Democratic Republic

THE CONSTITUTION OF INDIA WAS DRAWN UP UNDER DIFFICULT

CIRCUMSTANCES.JUSTIFY
OR
THE MAKING OF INDIAN CONSTITUTION WAS A DIFFICULT TASK.GIVE 5
ARGUMENTS TO SUPPORT THE STATEMENT
OR
INDIA EMERGED AS AN INDEPENDENT COUNTRY AGAINST HEAVY TURMOIL.
JUSTIFY THE STATEMENT

-Making a constitution for a huge and diverse country like India was not easy
-The partition of the country on the basis of religious
-Merger of princely states was a difficult task
-People were emerging from the status of subject to that of citizens
-People were facing problems of unemployment and violence
-Rehabilitation of the refugees

FACTORS RESPONSIBLE FOR THE MAKING OF INDIAN CONSTITUTION

OR
EFFORTS AT MAKING OF THE CONSTITUTION BEFORE INDEPENDENCE
-In 1928 Motilal Nehru and 8 other Congress leaders drafted Constitution for India
- In 1931 the resolution at Karachi session of the INC dwelt on how independent India's
constitution should be like.
-Our leaders were inspired by the ideals of the French revolution,the Parliamentary
Democracy in Britain,Bill of Rights in the US and socio economic equality in Russia
-Participation in Provincial Legislatures helped Indians in framing their constitution.
-They adopted many details from colonial laws like the Government of India Act in 1935

BASIC VALUES/ PRINCIPLES ACCEPTED IN THE CONSTITUTION DRAFTED BY

MOTILAL NEHRU AND THE CONGRESS LEADERS IN 1928 AND IN 1931 KARACHI
RESOLUTION OF THE CONGRESS
In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India and
In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how
independent India’s constitution should look like.
Both these documents included features such as -
- Universal Adult Franchise
-Right to Freedom and Equality and
- Protecting the Right of Minorities in an independent India

HOW DID THE FAMILIARITY WITH POLITICAL INSTITUTIONS OF THE COLONIAL

RULE HELP DEVELOP AN AGREEMENT OVER THE INSTITUTIONAL DESIGN
-Elections were held to provincial legislatures in 1937 and the ministries were formed in all
provinces
-Experience gained by the Indians proved to be very useful for the country
-There was an agreement over parliamentary form of government as it was in operation
under the Government of India Act,1935

CONSTITUENT ASSEMBLY -Was an assembly of elected representatives that drafted the

the constitution
-Elections to the Constitution Assembly was held in July 1946 and had 389 members
-It's first meeting was held in December 1946 After the division of the country the constituent
assembly was also divided.
-The Constituent Assembly that wrote Indian Constitution had 299 members.
-The Assembly adopted the Constitution on 26th November 1949.
-But it came into effect on 26th January 1950.This day is observed as Republic Day every
year

REASONS FOR ACCEPTING THE CONSTITUTION FRAMED BY THE CONSTITUENT

ASSEMBLY MORE THAN 70 YEARS AGO
-The Constitution expresses a broad consensus of its time.
-The Constituent Assembly represented the people of all regions,language,classes,castes
and religion
-The Constituent Assembly worked in a systematic, open and consensual manner
-There were detailed discussions and debates before the final draft was prepared
-Our Constitution is a living document which can be amended according to the changing
needs
WORKING OF THE CONSTITUENT ASSEMBLY
-Some basic principles were decided and agreed upon
-Then drafting committee under Dr B.R Ambedkar prepared a Draft Constitution for
discussion
-Discussions on Draft Constitution were held clause by clause
-More than 2000 amendment were considered
-The members deliberated for 114 days
-Every document presented and every word spoken in the Constituent Assembly has been
recorded. It is known as Constituent Assembly Debates

CONSTITUENT ASSEMBLY DEBATES -Every document presented and every word

spoken in the Constituent Assembly has been recorded. It is known as Constituent
Assembly Debates
IT'S SIGNIFICANCE
-These debates provide the rationale behind every provision of the Constitution.
-These are used to interpret the meaning of the constitution
-These debates constitute 12 bulky volumes

PREAMBLE

PREAMBLE is an introduction to the Constitution

It is called the soul of the Constitution/or it's Significance -
-It's contains the philosophy of the Constitution
-It provides standards to examine any law and action of the government

WHY THE CONSTITUTION BEGINS WITH WE THE PEOPLE OF INDIA

-The constitution has been drawn up by the people today elected representatives
-It has not been handed down to us by a king or any outside power

GUIDING PRINCIPLES AND VALUES MENTIONED IN THE PREAMBLE.

SOVEREIGNTY, SOCIALISM, SECULARISM, DEMOCRATIC AND REPUBLIC
JUSTICE, LIBERTY, EQUALITY AND FRATERNITY

SOVEREIGN
-People have been right to make decisions on internal as well as external matters
-No external power can dictate the Govt of India
SOCIALIST
-Wealth is generated socially and should be shared equally by society
-Govt should regulate the ownership of land and industry to reduce social economic
inequalities
SECULAR
-Citizens have complete freedom to follow any religion
-There is no official religion
-Government treats- all religious beliefs with equal respect
DEMOCRATIC
-The people elect their rulers
-People enjoy equal political rights
-The government is run according to the basic rules
REPUBLIC
-The head of the state is elected
-It is not a hereditary position
JUSTICE
-Citizens cannot be discriminated on the ground of caste religion and gender
-Social inequalities have to be reduced
-Govt should work for the welfare of all especially of the disadvantaged group
LIBERTY
-There are no unreasonable restrictions on the citizens in what they think, how they wish to
express their thoughts and the way they wish to follow up their thoughts in action
EQUALITY
-All are equal before the law
The traditional social inequalities have to be ended
-The Govt should ensure equal opportunity for all
FRATERNITY
-All of us should behave if we are members of the same family
-No one should treat fellow citizens as inferior.

CONSTITUTIONAL AMENDMENTS
-Our Constitution can be changed according to the changing needs of the society/country
-Provisions are made to make changes These are known as constitutional amendments
-That is why our Constitution is also known as a LIVING DOCUMENT