VIII-OUR CONSTITUTION

OUR CONSTITUTION

NOTES

RULE OF LAW

It means that every citizen of the country is equal in the eyes of law. There is no discrimination on the basis of caste, religion, sex.

NEEDS OF A CONSTITUTION

1.Define the nature of a country's political system.

2.Ensures that the majority group does not dominate the minorities.

3.Guards our national interest.

4.Highlight the commonly agreed upon ideals which a country should uphold.

5.Play a crucial role in democratic societies towards the achievement of desired goals.

THE PREAMBLE

The preamble is introduction to the Constitution and non justiciable. It contains the political philosophy, aim, objectives and basic purposes of the Constitution. It is called the Soul of the Indian Constitution. The courts regard it as a key to understand the Constitution.

FEATURES BORROWED FROM FOREIGN CONSTITUTIONS

THE BRITISH CONSTITUTION

1.CONSTITUTIONAL HEAD OF THE STATE LIKE THE QUEEN OF UK.

2.THE IDEA OF PREAMBLE

3.THE CABINET SYSTEM.

4.THE PARLIAMENTARY TYPE OF GOVERNMENT.

5.BICAMERAL LEGISLATURE.

6.MAKE LOK SABHA MORE POWERFUL THAN THE RAJYA SABHA.

7.COLLECTIVE RESPONSIBILITY OF THE COUNCIL OF MINISTERS

8.LOK SABHA SPEAKER.

9.THE PRIVILEGES OF THE MEMBERS OF PARLIAMENT.

AMERICAN CONSTITUTION

1.WRITTEN CONSTITUTION

2.THE FEDERAL SYSTEM.

3.THE FUNDAMENTAL RIGHTS.

4.HEAD OF THE STATE IS CALLED PRESIDENT.

5.PROVISION FOR A SUPREME COURT'S.

6.OUR PROVINCES ARE KNOWN AS STATES.

7.RAJYA SABHA IN INDIA REPRESENTS THE STATE LIKE THE US SENATE.

THE CONSTITUTION OF CANADA

1.INDIA IS KNOWN AS UNION OF STATES.

THE CONSTITUTION OF IRELAND

1.CONCEPT OF DIRECTIVE PRINCIPLES OF STATE POLICY.

THE CONSTITUTION OF USSR

1.FUNDAMENTAL DUTIES.

COMPOSITION AND CONTRIBUTION OF THE CONSTITUENT ASSEMBLY

1.The constituent assembly which was an indirectly elected body. Most of the members of constituent assembly represented Hindu, Muslim, Sikh, Anglo Indian, Christians, Harijan, Parsis etc.

2.Dr.Rajendra Prasad was the president of constituent assembly.

3.Dr.B.R.Ambedkar was the chairman of Drafting committee.

4.There were 15 female members also in the constituent assembly.

5.Some ideals are included in the Constitution of free India like democracy, guarantee of justice equality and freedom to all people of India.

6.Preamble is an introduction to the Constitution.

7.Preamble is the soul of our Indian Constitution.

BASIC FEATURES OF OUR INDIAN CONSTITUTION

1.Written Constitution-

Our Constitution is a written Constitution. It was drafted and enacted by the Constituent Assembly. Dr. B. R. Ambedkar was the chairman of Drafting committee.

2.Lengthiest Constitution:-

Our Constitution is the lengthiest and most detailed Constitution of the world. It is divided into 22 parts, 395Articales, and 12 schedules.

3.Unique Constitution:-

Our Constitution is unique Constitution because many existing Constitutions of the world were modified and adapted to our needs and conditions.

4.Rigid Constitution:-

A rigid Constitution is one of the which cannot be amended easily.

5.Flexible Constitution:-

A flexible Constitution can be amended easily.

PROCEDURE OF AMENDMENT

1.BY SIMPLE MAJORITY

Simple majority which means the bill should be approved by a majority of the members present and voting in both the Houses of the parliament.

2.BY SPECIAL MAJORITY

a) Absolute majority of total membership.

b) Two third majority of members present and voting.

3.SPECIAL MAJORITY AND RECTIFICATION

Special majority in both the House of the parliament, it may be approved by the legislature of at least half of the total number of States.

INDIA IS A SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC AND REPUBLIC STATE

SOVEREIGN STATE

India is sovereign state because the country is free from all external controls.

SOCIALIST STATE

India is a socialist state because socialism is one of the national goal to be achieved.

SECULAR STATE

India is a secular state because all religions enjoy equal freedom. No discrimination is made on grounds of religion.

DEMOCRATIC STATE

India is a democratic state because our government is elected by the people and the administration of the country is carried on by the representatives of the people.

REPUBLIC STATE

India is a republic state because the Head of the state. ie. Our president is an elected head from amongst the people.

PARLIAMENTARY FORM OF GOVERNMENT

1.Close relationship between legislature and the executive.

2.The council of Ministers is constituted from amongst the members of the legislature which holds office so long as it enjoys the confidence of the legislature.

3.The head of state the president in case he/she is a nominal head.. He/She enjoys many power but in practice all these power are exercised by the council of ministers headed by the Prime Minister.

INDIAN CONSTITUTION IS QUITE DYNAMIC

1.The constitution of india has been amended for approximately 100 times.

2.It has accepted the changes of the indian society. further the judiciary of india has interpreted the document relevant to the changing times.

3.A commission was appointed by Indian government to review the document and report for the same was submitted in february 2002.

UNIVERSAL ADULT SUFFRAGE

It means that every citizen of India who is 18 years and above is entitled to vote in the elections without any discrimination.

SINGLE CITIZENSHIP

Every citizen,irrespective of the place where he/she lives, in a citizen of India. There is no citizenship in the name of the state.

SINGLE INTEGRATED JUDICIAL SYSTEM

India has a single integrated judicial system. The Supreme Court of India and the High Courts from a single integrated judicial structure with jurisdiction over all laws. The High courts have right of supervision on the Subordinates Courts.

SHORT QUESTION WITH ANSWER

QUESTION 1

Cite three examples of prove that Indian Constitution is quite dynamic.

ANSWER:-

1.The constitution of india has been amended for approximately 100 times.

2.It has accepted the changes of the indian society. further the judiciary of india has interpreted the document relevant to the changing times.

3.A commission was appointed by nda. government to review the document and report for the same was submitted in february 2002.

QUESTION 2

Identify any three provisions which make the Constitution of India rigid as well as flexible.

ANSWER:-

1.A Constitution is called rigid or flexible on the basis of the procedure for its amendments.

2.The strength of a rigid Constitution is that it is stable and is a guarantee against hasty changes. A flexible Constitution is considered progressive in nature and helpful in develpment of the nation.

3.Indian Constitution is a combination of both rigid and flexible. It is not only a document but also an instrument that may require modification.

QUESTION 3

"India has a parliamentary form of government" Give any three examples to support this statements.

ANSWER

1.Close relationship between legislature and the executive.

2.The council of Ministers is constituted from amongst the members of the legislature which holds office so long as it enjoys the confidence of the legislature.

3.The head of state the president in case he/she is a nominal head.. He/She enjoys many power but in practice all these power are exercised by the council of ministers headed by the Prime Minister.

QUESTION 4.

Why is Indian federation called quite unique? Explain.

ANSWER:-

1.India has a federal system but with a difference. The central government which is called a unique government is so powerful than at time it appears that India is not really a federation but a unitary state.

2.India can also be described as a federation but a very strong central government.

3.The Indian Constitution is written and flexible and it divides powers between the centre and the state.

QUESTION 5.

Explain the procedure of amending the Indian Constitution.

ANSWER:-

PROCEDURE OF AMENDMENT

1.BY SIMPLE MAJORITY

Simple majority which means the bill should be approved by a majority of the members present and voting in both the Houses of the parliament.

2.BY SPECIAL MAJORITY

a) Absolute majority of total membership.

b) Two third majority of members present and voting.

3.SPECIAL MAJORITY AND RECTIFICATION

Special majority in both the House of the parliament, it may be approved by the legislature of at least half of the total number of States.

LONG QUESTION WITH ANSWER

QUESTION:-

Describe the composition and the Constituent Assembly.

ANSWER:-

COMPOSITION AND CONTRIBUTION OF THE CONSTITUENT ASSEMBLY

1.The constituent assembly which was an indirectly elected body. Most of the members of constituent assembly represented Hindu, Muslim, Sikh, Anglo Indian, Christians, Harijan, Parsis etc.

2.Dr.Rajendra Prasad was the president of constituent assembly.

3.Dr.B.R.Ambedkar was the chairman of Drafting committee.

4.There were 15 female members also in the constituent assembly.

5.Some ideals are included in the Constitution of free India like democracy, guarantee of justice equality and freedom to all people of India.

6.Preamble is an introduction to the Constitution.

7.Preamble is the soul of our Indian Constitution.

QUESTION 2.

Describe the five salient features of the Indian Constitution.

ANSWER

SALIENT FEATURES OF OUR INDIAN CONSTITUTION

1.Written Constitution-

Our Constitution is a written Constitution. It was drafted and enacted by the Constituent assembly. Dr. B. R. Ambedkar was the chairman of Drafting committee.

2.Lengthiest Constitution:-

Our Constitution is the lengthiest and most detailed Constitution of the world. It is divided into 22 parts, 395Articales, and 12 schedules.

3.Unique Constitution:-

Our Constitution is unique Constitution because many existing Constitutions of the world were modified and adapted to our needs and conditions.

4.Rigid Constitution:-

A rigid Constitution is one of the which cannot be amended easily.

5.Flexible Constitution:-

A flexible Constitution can be amended easily.

QUESTION 3.

Mention any five purposes which the Constitution of India serve towards strengthening democracy.

ANSWER:-

1.Provides certain significant guidelines that help in decision making within a democratic set-up.

2.Defines a nature of a country's political system.

3.Play a crucial role in democratic societies towards the achievement of desired goals.

4.Guarantees certain rights based on equality to establish social political and economic justice.

5.Donot allow authoritarian or biased judgement which may change the very fundamental structure of the Constitution.

QUESTION 4.

India is a sovereign, socialist, secular, democratic, republic. Explain.

SOVEREIGN STATE

India is sovereign state because the country is free from all external controls.

SOCIALIST STATE

India is a socialist state because socialism is one of the national goal to be achieved.

SECULAR STATE

India is a secular state because all religions enjoy equal freedom. No discrimination is made on grounds of religion.

DEMOCRATIC STATE

India is a democratic state because our government is elected by the people and the administration of the country is carried on by the representatives of the people.

REPUBLIC STATE

India is a republic state because the Head of the state. ie. Our president is an elected head from amongst the people.

QUESTION 5.

Why do some people say that India is a federation with unitary features? Explain with the help of any five Constitutional provisions.

ANSWER:-

1.India is a federation because it divides power between the Central and State government.

2.There is always an independent judiciary which interprets the Constitution and settles the disputes.

3.Central government is more powerful than State government.

4.The Constitution permits emergency by the central government.

5.Union government can change name and boundaries of the state.

So, India is a federation with unitary features.

Sources:-