NCERT Textbook: The Indian Constitution | Indian Polity for UPSC CSE PDF Download

 Page 1


Social and Political Life
4
In this chapter, we are going to begin with football, a
game many of you have probably heard of, or even
played. As the name suggests, this is a game that involves
the players’ feet. According to the rules of football, if
the ball touches the arm of any player (except the
goalkeeper), then this is considered a foul. So if players
start holding the football in their hands and passing it
around, then they are not playing football any more.
Similarly other games, such as hockey or cricket, also
have rules according to which they are played. Each of
these rules helps define the game, and helps us
distinguish one game from another. As these are
fundamental to the game, we can also call them the
constitutive rules of the game. Like these games, a
society also has constitutive rules that make it what it
is and differentiate it from other kinds of societies. In
large societies in which different communities of people
live together, these rules are formulated through
consensus, and in modern countries this consensus is
usually available in written form. A written document
in which we find such rules is called a Constitution.
We have looked at the Indian Constitution in Classes VI
and VII in our Social and Political Life textbooks. Have
you ever wondered why we need a Constitution or been
curious about how the Constitution got written, or who
wrote it? In this chapter, we will discuss both these
issues and also look at the key features of the Indian
Constitution. Each of these features is crucial to the
working of democracy in India and some of these will
be the focus of different chapters in this book.
Chapter 1
The
Indian Constitution
2018-19
Page 2


Social and Political Life
4
In this chapter, we are going to begin with football, a
game many of you have probably heard of, or even
played. As the name suggests, this is a game that involves
the players’ feet. According to the rules of football, if
the ball touches the arm of any player (except the
goalkeeper), then this is considered a foul. So if players
start holding the football in their hands and passing it
around, then they are not playing football any more.
Similarly other games, such as hockey or cricket, also
have rules according to which they are played. Each of
these rules helps define the game, and helps us
distinguish one game from another. As these are
fundamental to the game, we can also call them the
constitutive rules of the game. Like these games, a
society also has constitutive rules that make it what it
is and differentiate it from other kinds of societies. In
large societies in which different communities of people
live together, these rules are formulated through
consensus, and in modern countries this consensus is
usually available in written form. A written document
in which we find such rules is called a Constitution.
We have looked at the Indian Constitution in Classes VI
and VII in our Social and Political Life textbooks. Have
you ever wondered why we need a Constitution or been
curious about how the Constitution got written, or who
wrote it? In this chapter, we will discuss both these
issues and also look at the key features of the Indian
Constitution. Each of these features is crucial to the
working of democracy in India and some of these will
be the focus of different chapters in this book.
Chapter 1
The
Indian Constitution
2018-19
5
The Indian Constitution
Today most countries in the world have a Constitution.
While all democratic countries are likely to have a
Constitution, it is not necessary that all countries that have
a Constitution are democratic. The Constitution serves
several purposes. First, it lays out certain ideals that form
the basis of the kind of country that we as citizens aspire to
live in. Or, put another way, a Constitution tells us what
the fundamental nature of our society is. A country is
usually made up of different communities of people who
share certain beliefs but may not necessarily agree on all
issues. A Constitution helps serve as a set of rules and
principles that all persons in a country can agree upon as
the basis of the way in which they want the country to be
governed. This includes not only the type of government
but also an agreement on certain ideals that they all believe
the country should uphold.
Why Does a Country Need a Constitution?
In 1934, the Indian National Congress made
the demand for a Constituent Assembly.
During the Second World War, this assertion
for an independent Constituent Assembly
formed only of Indians gained momentum
and this was convened in December 1946.
The photo on page 2 shows some members
of the Constituent Assembly.
Between December 1946 and November
1949, the Constituent Assembly drafted a
constitution for independent India. Free to
shape their destiny at last, after 150 years
of British rule, the members of the
Constituent Assembly approached this task
with the great idealism that the freedom
struggle had helped produce. You will read
more about the work of the Constituent
Assembly later in the chapter.
The photo alongside shows Prime Minister
Jawaharlal Nehru addressing the
Constituent Assembly.
Chapter 1: The Indian Constitution
2018-19
Page 3


Social and Political Life
4
In this chapter, we are going to begin with football, a
game many of you have probably heard of, or even
played. As the name suggests, this is a game that involves
the players’ feet. According to the rules of football, if
the ball touches the arm of any player (except the
goalkeeper), then this is considered a foul. So if players
start holding the football in their hands and passing it
around, then they are not playing football any more.
Similarly other games, such as hockey or cricket, also
have rules according to which they are played. Each of
these rules helps define the game, and helps us
distinguish one game from another. As these are
fundamental to the game, we can also call them the
constitutive rules of the game. Like these games, a
society also has constitutive rules that make it what it
is and differentiate it from other kinds of societies. In
large societies in which different communities of people
live together, these rules are formulated through
consensus, and in modern countries this consensus is
usually available in written form. A written document
in which we find such rules is called a Constitution.
We have looked at the Indian Constitution in Classes VI
and VII in our Social and Political Life textbooks. Have
you ever wondered why we need a Constitution or been
curious about how the Constitution got written, or who
wrote it? In this chapter, we will discuss both these
issues and also look at the key features of the Indian
Constitution. Each of these features is crucial to the
working of democracy in India and some of these will
be the focus of different chapters in this book.
Chapter 1
The
Indian Constitution
2018-19
5
The Indian Constitution
Today most countries in the world have a Constitution.
While all democratic countries are likely to have a
Constitution, it is not necessary that all countries that have
a Constitution are democratic. The Constitution serves
several purposes. First, it lays out certain ideals that form
the basis of the kind of country that we as citizens aspire to
live in. Or, put another way, a Constitution tells us what
the fundamental nature of our society is. A country is
usually made up of different communities of people who
share certain beliefs but may not necessarily agree on all
issues. A Constitution helps serve as a set of rules and
principles that all persons in a country can agree upon as
the basis of the way in which they want the country to be
governed. This includes not only the type of government
but also an agreement on certain ideals that they all believe
the country should uphold.
Why Does a Country Need a Constitution?
In 1934, the Indian National Congress made
the demand for a Constituent Assembly.
During the Second World War, this assertion
for an independent Constituent Assembly
formed only of Indians gained momentum
and this was convened in December 1946.
The photo on page 2 shows some members
of the Constituent Assembly.
Between December 1946 and November
1949, the Constituent Assembly drafted a
constitution for independent India. Free to
shape their destiny at last, after 150 years
of British rule, the members of the
Constituent Assembly approached this task
with the great idealism that the freedom
struggle had helped produce. You will read
more about the work of the Constituent
Assembly later in the chapter.
The photo alongside shows Prime Minister
Jawaharlal Nehru addressing the
Constituent Assembly.
Chapter 1: The Indian Constitution
2018-19
Social and Political Life
6
Let us try and understand what we mean by this through two
contrasting situations in the recent history of Nepal, a country
that borders India on the north. Until recently, Nepal was a
monarchy . The previous Constitution of Nepal, which had been
adopted in 1990, reflected the fact that the final authority rested
with the King. A people’ s movement in Nepal fought for several
decades to establish democracy and in 2006 they finally
succeeded in putting an end to the powers of the King. The
people had to write a new Constitution to establish Nepal as a
democracy. The reason that they did not want to continue with
the previous Constitution is because it did not reflect the ideals
of the country that they want Nepal to be, and that they have
fought for.
As in the game of football, in which a change in the constitutive
rules will change the game altogether, Nepal, by moving from a
monarchy to a democratic government, needs to change all its
constitutive rules in order to usher in a new society . This is why ,
the people of Nepal adopted a new Constitution for the country
in 2015. The caption alongside elaborates Nepal’s struggle for
democracy.
The second important purpose of a Constitution is to define
the nature of a country’s political system. For example,
Nepal’s earlier Constitution stated that the country was
to be ruled by the King and his council of ministers. In
countries that have adopted a democratic form of
Discuss with your teacher what
you understand by the term
‘constitutive’. Provide one
example of ‘constitutive rules’
from your everyday life.
Why did the people of Nepal
want a new Constitution?
The country of Nepal has witnessed several
people’s struggles for democracy. There was a
people’s struggle in 1990 that established
democracy that lasted for 12 years until
2002. In October 2002, King Gyanendra,
citing the Maoist uprising in the countryside as
his reason, began taking over different aspects
of the government with the army’s assistance.
The King then finally took over as the head of
government in February 2005. In November
2005, the Maoists joined other political parties
to sign a 12-point agreement. This agreement
signalled to the larger public an imminent return
to democracy and peace. In 2006, this
people’s movement for democracy began
gaining immense force. It repeatedly refused
the small concessions that the King made and
finally in April 2006 the King restored the Third
Parliament and asked the political parties to
form a government. In 2008, Nepal became a
democracy after abolishing the monarchy. The
above photos show scenes from the people’s
movement for democracy in 2006.
2018-19
Page 4


Social and Political Life
4
In this chapter, we are going to begin with football, a
game many of you have probably heard of, or even
played. As the name suggests, this is a game that involves
the players’ feet. According to the rules of football, if
the ball touches the arm of any player (except the
goalkeeper), then this is considered a foul. So if players
start holding the football in their hands and passing it
around, then they are not playing football any more.
Similarly other games, such as hockey or cricket, also
have rules according to which they are played. Each of
these rules helps define the game, and helps us
distinguish one game from another. As these are
fundamental to the game, we can also call them the
constitutive rules of the game. Like these games, a
society also has constitutive rules that make it what it
is and differentiate it from other kinds of societies. In
large societies in which different communities of people
live together, these rules are formulated through
consensus, and in modern countries this consensus is
usually available in written form. A written document
in which we find such rules is called a Constitution.
We have looked at the Indian Constitution in Classes VI
and VII in our Social and Political Life textbooks. Have
you ever wondered why we need a Constitution or been
curious about how the Constitution got written, or who
wrote it? In this chapter, we will discuss both these
issues and also look at the key features of the Indian
Constitution. Each of these features is crucial to the
working of democracy in India and some of these will
be the focus of different chapters in this book.
Chapter 1
The
Indian Constitution
2018-19
5
The Indian Constitution
Today most countries in the world have a Constitution.
While all democratic countries are likely to have a
Constitution, it is not necessary that all countries that have
a Constitution are democratic. The Constitution serves
several purposes. First, it lays out certain ideals that form
the basis of the kind of country that we as citizens aspire to
live in. Or, put another way, a Constitution tells us what
the fundamental nature of our society is. A country is
usually made up of different communities of people who
share certain beliefs but may not necessarily agree on all
issues. A Constitution helps serve as a set of rules and
principles that all persons in a country can agree upon as
the basis of the way in which they want the country to be
governed. This includes not only the type of government
but also an agreement on certain ideals that they all believe
the country should uphold.
Why Does a Country Need a Constitution?
In 1934, the Indian National Congress made
the demand for a Constituent Assembly.
During the Second World War, this assertion
for an independent Constituent Assembly
formed only of Indians gained momentum
and this was convened in December 1946.
The photo on page 2 shows some members
of the Constituent Assembly.
Between December 1946 and November
1949, the Constituent Assembly drafted a
constitution for independent India. Free to
shape their destiny at last, after 150 years
of British rule, the members of the
Constituent Assembly approached this task
with the great idealism that the freedom
struggle had helped produce. You will read
more about the work of the Constituent
Assembly later in the chapter.
The photo alongside shows Prime Minister
Jawaharlal Nehru addressing the
Constituent Assembly.
Chapter 1: The Indian Constitution
2018-19
Social and Political Life
6
Let us try and understand what we mean by this through two
contrasting situations in the recent history of Nepal, a country
that borders India on the north. Until recently, Nepal was a
monarchy . The previous Constitution of Nepal, which had been
adopted in 1990, reflected the fact that the final authority rested
with the King. A people’ s movement in Nepal fought for several
decades to establish democracy and in 2006 they finally
succeeded in putting an end to the powers of the King. The
people had to write a new Constitution to establish Nepal as a
democracy. The reason that they did not want to continue with
the previous Constitution is because it did not reflect the ideals
of the country that they want Nepal to be, and that they have
fought for.
As in the game of football, in which a change in the constitutive
rules will change the game altogether, Nepal, by moving from a
monarchy to a democratic government, needs to change all its
constitutive rules in order to usher in a new society . This is why ,
the people of Nepal adopted a new Constitution for the country
in 2015. The caption alongside elaborates Nepal’s struggle for
democracy.
The second important purpose of a Constitution is to define
the nature of a country’s political system. For example,
Nepal’s earlier Constitution stated that the country was
to be ruled by the King and his council of ministers. In
countries that have adopted a democratic form of
Discuss with your teacher what
you understand by the term
‘constitutive’. Provide one
example of ‘constitutive rules’
from your everyday life.
Why did the people of Nepal
want a new Constitution?
The country of Nepal has witnessed several
people’s struggles for democracy. There was a
people’s struggle in 1990 that established
democracy that lasted for 12 years until
2002. In October 2002, King Gyanendra,
citing the Maoist uprising in the countryside as
his reason, began taking over different aspects
of the government with the army’s assistance.
The King then finally took over as the head of
government in February 2005. In November
2005, the Maoists joined other political parties
to sign a 12-point agreement. This agreement
signalled to the larger public an imminent return
to democracy and peace. In 2006, this
people’s movement for democracy began
gaining immense force. It repeatedly refused
the small concessions that the King made and
finally in April 2006 the King restored the Third
Parliament and asked the political parties to
form a government. In 2008, Nepal became a
democracy after abolishing the monarchy. The
above photos show scenes from the people’s
movement for democracy in 2006.
2018-19
7
In democratic societies, the Constitution often lays down
rules that guard against this misuse of authority by our political
leaders. In the case of the Indian Constitution, about which
you will read more later in this chapter, many of these laws are
contained in the section on Fundamental Rights. Do you recall
the chapter on the Dalit writer, Omprakash Valmiki’s
experiences in school from your Class VII book? In that chapter,
we talked about the discrimination Omprakash faced because
he was a Dalit. You read about how the Indian Constitution
guarantees the right to equality to all persons and says that no
citizen can be discriminated against on grounds of religion,
race, caste, gender, and place of birth. The Right to Equality is
one of the Fundamental Rights guaranteed by the Indian
Constitution.
government or polity, the Constitution plays a crucial role in
laying out certain important guidelines that govern decision-
making within these societies.
In a democracy, we choose our leaders so that they can exercise
power responsibly on our behalf. However, there is always the
possibility that these leaders might misuse their authority and
the Constitution usually provides safeguards against this. This
misuse of authority can result in gross injustice as demonstrated
in the classroom situation below:
1. In what way is the class
monitor misusing his power?
2. In which of the following
situations is a minister
misusing his power:
a) refuses to sanction a project
of his ministry for sound
technical reasons;
b) threatens to send his
security staff to rough up his
neighbour;
c) calls up the police station
asking them not to register a
complaint that is likely to be
filed against his relative.
Suresh is the class monitor. He is a
bully. His classmates are not too fond
of him. Mrs Rao, the class teacher, has
to leave the classroom on some urgent
work. She asks Suresh to mind the class.
Suresh starts picking on Anil.
When Mrs Rao returns to the class …
Ma’am, while you were away,
Anil kept talking loudly and
disturbing the class. He would
not listen to me.
Anil, you will have to
stay back after school
today and write ‘I will
not disobey the class
monitor’ a 100 times.
But … Ma’am … I
did not do anything!
Anil, today I am going to
report you to Mrs Rao.
But what have I done?
Chapter 1: The Indian Constitution
2018-19
Page 5


Social and Political Life
4
In this chapter, we are going to begin with football, a
game many of you have probably heard of, or even
played. As the name suggests, this is a game that involves
the players’ feet. According to the rules of football, if
the ball touches the arm of any player (except the
goalkeeper), then this is considered a foul. So if players
start holding the football in their hands and passing it
around, then they are not playing football any more.
Similarly other games, such as hockey or cricket, also
have rules according to which they are played. Each of
these rules helps define the game, and helps us
distinguish one game from another. As these are
fundamental to the game, we can also call them the
constitutive rules of the game. Like these games, a
society also has constitutive rules that make it what it
is and differentiate it from other kinds of societies. In
large societies in which different communities of people
live together, these rules are formulated through
consensus, and in modern countries this consensus is
usually available in written form. A written document
in which we find such rules is called a Constitution.
We have looked at the Indian Constitution in Classes VI
and VII in our Social and Political Life textbooks. Have
you ever wondered why we need a Constitution or been
curious about how the Constitution got written, or who
wrote it? In this chapter, we will discuss both these
issues and also look at the key features of the Indian
Constitution. Each of these features is crucial to the
working of democracy in India and some of these will
be the focus of different chapters in this book.
Chapter 1
The
Indian Constitution
2018-19
5
The Indian Constitution
Today most countries in the world have a Constitution.
While all democratic countries are likely to have a
Constitution, it is not necessary that all countries that have
a Constitution are democratic. The Constitution serves
several purposes. First, it lays out certain ideals that form
the basis of the kind of country that we as citizens aspire to
live in. Or, put another way, a Constitution tells us what
the fundamental nature of our society is. A country is
usually made up of different communities of people who
share certain beliefs but may not necessarily agree on all
issues. A Constitution helps serve as a set of rules and
principles that all persons in a country can agree upon as
the basis of the way in which they want the country to be
governed. This includes not only the type of government
but also an agreement on certain ideals that they all believe
the country should uphold.
Why Does a Country Need a Constitution?
In 1934, the Indian National Congress made
the demand for a Constituent Assembly.
During the Second World War, this assertion
for an independent Constituent Assembly
formed only of Indians gained momentum
and this was convened in December 1946.
The photo on page 2 shows some members
of the Constituent Assembly.
Between December 1946 and November
1949, the Constituent Assembly drafted a
constitution for independent India. Free to
shape their destiny at last, after 150 years
of British rule, the members of the
Constituent Assembly approached this task
with the great idealism that the freedom
struggle had helped produce. You will read
more about the work of the Constituent
Assembly later in the chapter.
The photo alongside shows Prime Minister
Jawaharlal Nehru addressing the
Constituent Assembly.
Chapter 1: The Indian Constitution
2018-19
Social and Political Life
6
Let us try and understand what we mean by this through two
contrasting situations in the recent history of Nepal, a country
that borders India on the north. Until recently, Nepal was a
monarchy . The previous Constitution of Nepal, which had been
adopted in 1990, reflected the fact that the final authority rested
with the King. A people’ s movement in Nepal fought for several
decades to establish democracy and in 2006 they finally
succeeded in putting an end to the powers of the King. The
people had to write a new Constitution to establish Nepal as a
democracy. The reason that they did not want to continue with
the previous Constitution is because it did not reflect the ideals
of the country that they want Nepal to be, and that they have
fought for.
As in the game of football, in which a change in the constitutive
rules will change the game altogether, Nepal, by moving from a
monarchy to a democratic government, needs to change all its
constitutive rules in order to usher in a new society . This is why ,
the people of Nepal adopted a new Constitution for the country
in 2015. The caption alongside elaborates Nepal’s struggle for
democracy.
The second important purpose of a Constitution is to define
the nature of a country’s political system. For example,
Nepal’s earlier Constitution stated that the country was
to be ruled by the King and his council of ministers. In
countries that have adopted a democratic form of
Discuss with your teacher what
you understand by the term
‘constitutive’. Provide one
example of ‘constitutive rules’
from your everyday life.
Why did the people of Nepal
want a new Constitution?
The country of Nepal has witnessed several
people’s struggles for democracy. There was a
people’s struggle in 1990 that established
democracy that lasted for 12 years until
2002. In October 2002, King Gyanendra,
citing the Maoist uprising in the countryside as
his reason, began taking over different aspects
of the government with the army’s assistance.
The King then finally took over as the head of
government in February 2005. In November
2005, the Maoists joined other political parties
to sign a 12-point agreement. This agreement
signalled to the larger public an imminent return
to democracy and peace. In 2006, this
people’s movement for democracy began
gaining immense force. It repeatedly refused
the small concessions that the King made and
finally in April 2006 the King restored the Third
Parliament and asked the political parties to
form a government. In 2008, Nepal became a
democracy after abolishing the monarchy. The
above photos show scenes from the people’s
movement for democracy in 2006.
2018-19
7
In democratic societies, the Constitution often lays down
rules that guard against this misuse of authority by our political
leaders. In the case of the Indian Constitution, about which
you will read more later in this chapter, many of these laws are
contained in the section on Fundamental Rights. Do you recall
the chapter on the Dalit writer, Omprakash Valmiki’s
experiences in school from your Class VII book? In that chapter,
we talked about the discrimination Omprakash faced because
he was a Dalit. You read about how the Indian Constitution
guarantees the right to equality to all persons and says that no
citizen can be discriminated against on grounds of religion,
race, caste, gender, and place of birth. The Right to Equality is
one of the Fundamental Rights guaranteed by the Indian
Constitution.
government or polity, the Constitution plays a crucial role in
laying out certain important guidelines that govern decision-
making within these societies.
In a democracy, we choose our leaders so that they can exercise
power responsibly on our behalf. However, there is always the
possibility that these leaders might misuse their authority and
the Constitution usually provides safeguards against this. This
misuse of authority can result in gross injustice as demonstrated
in the classroom situation below:
1. In what way is the class
monitor misusing his power?
2. In which of the following
situations is a minister
misusing his power:
a) refuses to sanction a project
of his ministry for sound
technical reasons;
b) threatens to send his
security staff to rough up his
neighbour;
c) calls up the police station
asking them not to register a
complaint that is likely to be
filed against his relative.
Suresh is the class monitor. He is a
bully. His classmates are not too fond
of him. Mrs Rao, the class teacher, has
to leave the classroom on some urgent
work. She asks Suresh to mind the class.
Suresh starts picking on Anil.
When Mrs Rao returns to the class …
Ma’am, while you were away,
Anil kept talking loudly and
disturbing the class. He would
not listen to me.
Anil, you will have to
stay back after school
today and write ‘I will
not disobey the class
monitor’ a 100 times.
But … Ma’am … I
did not do anything!
Anil, today I am going to
report you to Mrs Rao.
But what have I done?
Chapter 1: The Indian Constitution
2018-19
Social and Political Life
8
Such unhealthy situations can occur in democratic
societies too, where a majority can continuously
enforce decisions that exclude minorities and go
against their interests. As the above storyboard
illustrates, every society is prone to this tyranny of
the majority. The Constitution usually contains rules
that ensure that minorities are not excluded from
anything that is routinely available to the majority.
Another reason why we have a Constitution is
precisely to prevent this tyranny or domination by
the majority of a minority. This can refer to one
community dominating another, i.e. inter-community
domination, or members of one community
dominating others within the same community, i.e.
intra-community domination.
Another important function that a Constitution plays in a
democracy is to ensure that a dominant group does not use
its power against other, less powerful people or groups. The
storyboard below demonstrates one such situation in the
classroom.
Who is in a minority in the
above storyboard? In what way
is this minority being
dominated by the decision
taken by the majority?
The teacher decides to settle the
problem with a show of  hands.
The games period is about to begin.
No! We will
play cricket.
Let’s play basketball
today, for a change!
We always have to
do what the boys
want because they
are in a majority.
Ma’am should think of
another way to make
decisions, so that our
wishes are also heard.
Obviously! There are
more boys in the class.
Hee! Hee!
We’ve won!
We’ve won!
2018-19