CONSTITUTION:

WHY AND HOW?

C
 Why do we need Constitution
• Diversity in Indian society: religion, culture, profession, demographics, economic inequality, geography,
etc.…
• Diverse opinion, viewpoints on various matters often arising disputes.
• The first function of a constitution is to provide a set of basic rules that allow for minimal coordination
amongst members of a society.
• 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.
• Monarchy, One Party rule, Autocracy, Democracy
• What laws governing the society and how to decide.
• Indian Constitution bestows this authority to Parliament chosen by the people in general elections.
• Arbitrary use of power by the authority and undermining of demands and needs of the members of
society.
• 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.
• Fundamental Rights puts limit on the power of government and also lays down provisions about in which
scenarios these can be taken away.
• Indian society marked by inequality, deprivation, caste discrimination and inequality.
• Individual and society must have necessary conditions to lead a dignified life and provide opportunities
by the state for upliftment of everyone.
• The fourth function of a constitution is to enable the government to fulfil the aspirations of a society and
create conditions for a just society.
• This function is performed in Indian Constitution by Directive Principles of State Policy.
 Fundamental Identity of a People
• Constitution provides collectivity identity to the people as a citizen of the nation. They are.
• Political identity: governed by the norms and laws of the constitution.
• Moral Identity: norms dealing with individual aspirations, goals and freedom enshrined in fundamental
values of the constitution.
• Constitution around the world are different in terms of form of government and procedural details.
• Most of the constitution states democracy with enshrined fundamental rights.
• Most countries are marked by diverse groups co-existing with their historical traditions.
• Indian Constitution respect the diversity but do not uphold any identity over the other as a criterion for
citizenship. It promotes the singular identity as Indian.
 The Authority of a Constitution
• What is a constitution?
• Constitution is a compact document that comprises a number of articles about the state, specifying how the state is
to be constituted and what norms it should follow.
• Written Constitution like India and Unwritten Constitution like England.
• How effective is a constitution?
• What makes it effective?
• What ensures that it has a real impact on the lives of people?
Mode of Promulgation
• How constitution comes into being?
• How constitution was drafted and who had the authority?
• Defunct constitution prepared by military leaders or autocrats.
• Bringing different sections of Indian Society together.
• Constitution draws legitimacy from public credibility, commanding respect from cross-sections of
society reflecting the consensus of time.
• Referendum is where people vote on desirability of the constitution.
• A successful constitution lays down provisions keeping considerations for everyone.
• Constitution which preserves the freedom and equality of all its members are more likely to succeed.
 Balanced Institutional Design
• Power sharing in constitution to remove it’s concentration and leading subversion.
• Fragmenting power across different institutions to avoid monopoly of power.
• Horizontal Fragment of power in Legislature, Executive and Judiciary, independent statuary bodies like Election
Commission.
• Constitution must strike a balance so that it is neither too flexible nor rigid in framework.
• Preserving core values of constitution and adapting to new circumstances, this ideal of constitution has made Indian
Constitution as a living document.
• Raising question stating about the authority of Constitution:
• Were the people who enacted the constitution credible?
• Did the constitution ensure that power was intelligently organised so that it was not easy for any group to subvert
the constitution?
• Is the constitution the locus of people’s hopes and aspiration?
Process of Constitution making
• Constitution was made by the Constituent Assembly which had been elected for undivided India. It held
its first sitting on 9 December 1946, and re-assembled for undivided India on 14 August 1947.
• Constituent Assembly was composed according to plan proposed by the committee of the British cabinet,
known as the Cabinet Mission.
• Its members were chosen by indirect election by the members of the Provincial Legislative Assemblies
that had been established under the Government of India Act, 1935.
• Representatives of 292 Provinces and 93 Princely states, were allotted seats proportional to their
respective population roughly in the ratio of 1:10,00,000.
• Seats distributed in provinces based on the populace of Muslim, Sikh and general.
Composition of Constituent Assembly
• Owing to Partition plan of 3 June 1947, members from the erstwhile Pakistan left the constituent
Assembly. Members of Constituent Assembly reduced from 299 to 284 present on 26 November 1949
who appended their signature to finally passed Constitution.
• Constitution was prepared in the backdrop of partition violence.
• Citizenship secured minority rights and didn’t keep religion or such criteria for citizenship.
• Members of all religion given representation along with oppressed classes (31 Members), backward
tribes (6 Members), and other communities.
• In terms of Political Parties, Congress dominated with over 82% seats in constituent assembly.
 Principle of Deliberation
• Participation from diverse section of society looking at the concern of nation at large rather than their
own identity and community.
• In constituent assembly, differences of principles on various provisions to be included in the constitution.
• Universal Suffrage is the only provision in Indian Constitution which passed without much debate.
• Constituent Assembly members engaged in public reason, giving consideration to diverse views. Each
clause of the constitution underwent careful scrutiny and discussion.
 Procedures
• The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru,
Rajendra Prasad, Sardar Patel or B.R. Ambedkar chaired these Committees.
• Despite the political and ideological differences amongst the leaders they worked closely on
Constitution.
• These committees drafted the provisions of the Constitution which were then subjected to debate by the
entire Assembly. These then were taken up for consideration and where required voted upon.
• The Assembly met for one hundred and sixty six days, spread over two years and eleven months. Its
sessions were open to the press and the public alike.
 Inheritance of Nationalist Movement

• Principles of constitution inherited from nationalist movement.

• Summary of these is reflected in the Objectives Resolution (the resolution that defined the aims of the
Assembly) moved by Nehru in 1946.
• Based on this resolution, our Constitution gave institutional expression to these fundamental
commitments: equality, liberty, democracy, sovereignty and a cosmopolitan identity.
• Indian Constitution is not merely comprising rules and procedure but also a moral commitment to
establish a government that will fulfil the many promises that the nationalist movement held before the
people.