Notes: Constitution | Social Studies & Pedagogy Paper 2 for CTET & TET Exams - CTET & State TET PDF Download

Introduction

In the last few chapters, we have studied democracy, government, and other concepts. It is important to know that there is a need to have some rules and laws which govern a system efficiently. These rules will be meant for the government and the citizens. Such rules and laws are known as the Constitution. The Constitution decides and provides the rights, power, and responsibility to people and the government. 

The rule of the nation is governed on the basis of its Constitution. In this chapter, we will largely discuss the Indian constitution and its concerns and procedures. There are some important questions which we will be exploring and we will try to understand the following in this chapter: what is the need for a Constitution? Who made the Constitution and how was it made? What are the processes to make the necessary changes in a Constitution? What are the basic values that a Constitution carries? What is the broad framework of the Constitution?

• The Constitution is the guiding force for any nation. It guides the legislature, executive, judiciary, and the people. There are nations that have unwritten Constitution such as Britain. However, nations like India need a written and well-spelt out Constitution. As there were differences and diversities at the time of freedom, to protect the rights of all, a written Constitution was required.
• It is interesting to discuss how the Indian Constitution was made. It will provide rationale to the Constitution, because we will also be able to know the contemporary situation and context. Before we move to discuss the making of the Indian Constitution, it is important to know why we need a Constitution at all. 

Need for a Constitution

We are aware that after freedom from the colonial period, there were the oppressed and the oppressor in the society. To provide them with equal rights and to protect people from fear, a written Constitution was needed. 

• A Constitution was needed so that everybody’s rights and interests can be safeguarded. The maker of the Constitution was sure that everyone should get all the rights equally. They wanted to provide substantial social and economic rights to all citizens of India. A Constitution develops a feeling of trust towards each other, because it ensures security for all. The Constitution also explains how the government will be elected, the kinds of powers that will be used by it, and the manner in which it will be used. Along with this, the Constitution also limits the powers given to the government. It was kept in mind that the government cannot exploit the rights of the citizens. 
• The Constitution carries values which motivate citizens to make a better and good society.
• An important point to keep in mind is that all countries having the Constitution may not be necessarily democratic but all democratic countries must be having a Constitution, either written or unwritten.

Making of the Constitution of India

What is the supreme law in India? The answer is very clear—the Constitution of India. The Constitution of India provides a framework of the rights, responsibilities, basic political principles, procedures and processes, power and duties, directive principles, and so on. Dr Bhimrao Ramji Ambedkar is the architect of our Constitution.

• The Constitution is not a creation of the Parliament; rather, it is made by a constituent assembly, which had many members and was adopted by the people of India. The constitution assembly adopted the Constitution on 26 November 1949. This accepted constitution became effective from 26 January 1950. We celebrate this day as Republic Day every year. This document became the governing power or document other than the Government of India Act, 1935. Sovereignty, secular, socialist, and democratic republic are some important features of the Indian Constitution, which ensured justice, liberty, equality, and fraternity of the people of India.
• It is important to know that the Indian Constitution is a pool of many other Constitutions. Things appropriate to our context have been taken from various Constitutions of the world. Along with these Constitutions, various legislations available in India were also used. Some of such documents were the Government of India Act 1858, Indian Council Act 1981 and 1982, Government of India Act 1919 and 1935, and so on. The constituent assembly was an elected body of provincial assemblies. It took two years, 11 months, and 18 days to complete the draft of the Constitution. There were a total of 389 members in the constituent assembly. On 29 August 1947 a sub-committee was constituted to draft the Constitution. Dr B. R. Ambedkar was the chairperson of this committee. Some 2,473 amendments were disposed and discussed. 
• Dr Ambedkar, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Ganesh Vashudev, and Maulana Abul Kalam Azad are some of the important personalities who contributed their wisdom in drafting the Indian Constitution. Anglo Indians were represented by Frank and Mookerjee represents Paris. Space was given to the marginalized and minorities to contribute in the framing of the Constitution. It is also important to know that initially, Sachidananda Sinha was appointed the president of the constituent assembly; later, Rajendra Prasad become the elected member of the constituent assembly. Various subcommittees were constituted to speed up the work, such as the committee which was looking after for fundamental rights were constituted in chairmanship of Ambedkar along with other members.
• On 4 November 1947, the committee prepared a draft and submitted it to the assembly. Around 2,000 amendments were placed over a period of two years. After deliberation, the Constitution was adopted by the assembly on 4 November 1949. Totally, 284 members signed the Constitution. This day is known as National Law Day.
• It is interesting to know that the Indian Constitution is the largest written Constitution in the world. When it was accepted, it had 395 articles, 22 parts, and eight schedules. There were 80,000 words written in the complete document. According to available data, in 2015, there are total 448 articles, 25 parts, 12 schedules, five appendices, and 98 amendments to the Indian Constitution.

The Preamble of Indian Constitution

After becoming aware of the process of making of the Indian Constitution, we must understand the important features of the preamble of the Indian Constitution. There are various features one can talk about but it is important to know that no change can be done in the preamble of the Indian Constitution. Before explaining the features of the preamble, let us have a look at the preamble of the Indian Constitution as follows:

We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens;
Justice, Social, Economic, Political;
Liberty of thought, Expression, Belief, Faith and Worship;
Equality of status and opportunity; and to promote among them all;
Fraternity, assuring the dignity of the individual and the unity and integrity
of the nation;
In our Constituent Assembly this, twenty sixth day of November 1949 do  hereby Adopt, Enact and Give to ourselves this constitution.

It is important to know that the terms—socialist, secular, and integrity—were added to the Constitution later in 1976 by the 42^nd Amendment.

We, the People

• The Constitution of India starts with the words, ‘We the people.’ These words have a deep meaning, which establish power in the people of India. It also makes a person feel that the Constitution is our creation and is not imposed on us by any government. It also shows a sense of unity. It means that the Indian Constitution believes in popular sovereignty. Popular sovereignty means that the ultimate source of power is people.

Sovereign State

• As per the preamble of the Indian Constitution, India is a sovereign state. It declares that India is no longer a dependent country; rather it is an independent nation, free to take its internal and external decisions without any external pressure. India is a free nation to make its internal and external policies without intervention from outside.

Socialist State

• Initially, the term ‘socialist’ was not incorporated in the preamble. Later, in 1976, it was added by an amendment. The term ‘socialist’ was incorporated to provide social, economic, and political rights and justice to the people of India. When we say socialism, it also means that the state will take responsibility for many things in the nation such as education, food, and so on. It is also important to highlight India a socialist democracy, but in the past few years, especially from 1991, India has adopted the idea of liberalism, moving more towards privatization. This is mentioned as the term ‘liberalization’ is not incorporated in the preamble but we are moving toward liberalization.

Secular State

• The preamble of the Indian Constitution declares India as a secular nation, where three things need to be understood. First, the state does not have any religion; second, the state will not discriminate on the basis of religion, and third, every individual has the right to follow any religion he/she wants to. Secularism was also included in the preamble by 42nd amendment in 1976. It does not mean that India was not secular before 1976, but it means that the secular nature became evident by the preamble after adding the term ‘secularism’. 

Democratic State

• As per the preamble, India is a democratic country, where election decides the government, and establishes a fair system. The citizens of India were allowed to participate in all political processes. 
• The elected government is responsible to the people and if people feel that the government is not working properly, in the next elections, they can reject that party and choose another one. The democratic nature also includes equal opportunities for all without any kind of discrimination.

Republic State

• India is declared a Republic state by the Constitution of India. It means the head of the nation will be elected rather nominated or being a Monarch. It also means that the head of the state can be in his/her office for a fixed number of years and there will be an election for the new head of the department after a fixed time. The President is the head of India, and is elected for a period of five years. There are no educational qualifications to become the President. Any citizen of India can become the President.

Justice

• Preamble ensures justice for all. The people of India have a right to justice against any kind of discrimination, social, economic, or political. Social justice ensures that there will be no socially privileged person in the society; rather, everyone will share equal social status. There will be no discrimination on the basis of caste, colour, religion, region, etc. Everyone enjoys equal social rights and justice. Similarly, economic justice talks about not discrimination on the basis of economic situation or condition. It also means that economic resources need to be shared among people. 
• It should not be in the hands of a few. Opportunities must be given to all citizens to earn their livelihood. Right to political justice is also provided by the Indian Constitution. It means that everyone has a right to participate freely in political processes. It favours equal political rights to all without any discrimination and provides the right to freedom. 

Liberty 

• The Indian Constitution also provides liberty to all its citizens, which includes liberty of thinking, expression, faith, belief, and so on. Right to freedom also represents the right of liberty. The rights with reference to liberty also ensure and work towards secularism. 

Equality 

• Various types and kinds of equalities are given by the Constitution. It is considered the third objective of the Indian Constitution. The other two objectives are justice and liberty. It entails the idea of natural equality, where no discrimination is favoured and equal status of individuals is accepted. Equality provided by the Indian Constitution also talks about equality before the law and equality about all aspects of lives. 

Fraternity 

• The success of any nation depends upon the fraternity among people. As a fourth objective, the Constitution promotes the feeling of fraternity. Collaboration, collectivism, and associations are the provided by ideas of fraternity. By doing so, a kind of faith is developed in national unity, which further enhances and strengthens the dignity of a nation.
• It is important to know that the Constitution was adopted on 26 November 1949 after the signature of the current president of the constituent assembly. The philosophical foundation of the Constitution is discussed in the preamble.

Procedure of Constitutional Amendments

We understand that the Indian constitution is supreme in India, but there is a procedure to make needful changes as per time and requirements. There are three ways of making amendments to the Constitution. These are as follows: 

•  Some regulations can be changed with a simple majority of the Parliament, such as establishing new states, reconstruction or reorganization of states, and establishing and dismissing the ‘Vidhan Parishad’ in states. 
• Some provisions can be changed with two-thirds majority of both the houses of the Parliament, along with the approval by a majority of state assemblies, which necessarily should not be less than half. This is applicable to election of president, power of central and state executives, central judiciary, and so on.
• Most amendments to the Indian constitution can be done on the basis of two-thirds majority in the Parliament, but the majority must be the majority of the total number of member in the respective houses.

It is also important to know that only the centre can initiate the amendment bill. States do not have this right. Any change in the federal nature of the state must be passed through the states.

 Some Important Constitutional Amendments

Amendment in constitution