NCERT Textbook: The Indian Constitution - Indian Polity for UPSC CSE

 Page 1


Social and Political Life
2
Unit One
Rationalised 2023-24
Page 2


Social and Political Life
2
Unit One
Rationalised 2023-24
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
Rationalised 2023-24
Page 3


Social and Political Life
2
Unit One
Rationalised 2023-24
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
Rationalised 2023-24
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
Rationalised 2023-24
Page 4


Social and Political Life
2
Unit One
Rationalised 2023-24
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
Rationalised 2023-24
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
Rationalised 2023-24
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
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.
Rationalised 2023-24
Page 5


Social and Political Life
2
Unit One
Rationalised 2023-24
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
Rationalised 2023-24
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
Rationalised 2023-24
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
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.
Rationalised 2023-24
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. 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.
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 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
Rationalised 2023-24