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1
Chapter 1: Constitution: Why and How?
Chapter One
CONSTITUTION:
WHY AND HOW?
INTRODUCTION
This book is about the working of the Indian Constitution. In the chapters that
follow, you will read information about various aspects of the working of our
Constitution. You will learn about the various institutions of the government in
our country and their relationship with each other.
But before you begin to read about elections, governments, and presidents
and prime ministers, it is necessary to understand that the entire structure of the
government and the various principles that bind the institutions of government
have their origin in the Constitution of India.
After studying this chapter, you  will learn:
± what a constitution means;
± what a constitution does to the society;
± how constitutions govern the allocation of power in society; and
± what was the way in which the Constitution of India was made.
2024-25
Page 2


1
Chapter 1: Constitution: Why and How?
Chapter One
CONSTITUTION:
WHY AND HOW?
INTRODUCTION
This book is about the working of the Indian Constitution. In the chapters that
follow, you will read information about various aspects of the working of our
Constitution. You will learn about the various institutions of the government in
our country and their relationship with each other.
But before you begin to read about elections, governments, and presidents
and prime ministers, it is necessary to understand that the entire structure of the
government and the various principles that bind the institutions of government
have their origin in the Constitution of India.
After studying this chapter, you  will learn:
± what a constitution means;
± what a constitution does to the society;
± how constitutions govern the allocation of power in society; and
± what was the way in which the Constitution of India was made.
2024-25
2
Indian Constitution at Work
WHY DO WE NEED A CONSTITUTION?
What is a constitution? What are its functions? What role does it
perform for a society? How does a constitution relate to our daily
existence? Answering these questions is not as difficult as you might
think.
Constitution allows coordination and
assurance
Imagine yourself to be a member of a
reasonably large group. Further imagine that
this group has the following characteristics.
The members of this group are diverse in
various ways. They have different religious
allegiances: some are Hindus, some are
Muslims, some Christians and some perhaps
profess no religion at all. They are also varied
in many different respects: they
pursue different professions, have
different abilities, have different
hobbies, different tastes in
everything from films to books.
Some are rich and some are poor.
Some are old, some young.
Imagine further that members of this group are likely to
have disputes over various aspects of life: How much
property should one be allowed to own?  Should it be
compulsory that every child be sent to school or should
the parents be allowed to decide? How much should this
group spend on its safety and security? Or should it build
more parks instead? Should the group be allowed to
discriminate against some of its members?  Every question
will elicit a variety of answers from different people. But,
for all their diversity, this group has to live together. They are
dependent upon each other in various ways. They require the
cooperation of each other. What will enable the group to live together
peacefully?
Yes, this could be my colony as
well! Does this apply to your
village or town or colony too?
This group is very much like the
people of my village.
2024-25
Page 3


1
Chapter 1: Constitution: Why and How?
Chapter One
CONSTITUTION:
WHY AND HOW?
INTRODUCTION
This book is about the working of the Indian Constitution. In the chapters that
follow, you will read information about various aspects of the working of our
Constitution. You will learn about the various institutions of the government in
our country and their relationship with each other.
But before you begin to read about elections, governments, and presidents
and prime ministers, it is necessary to understand that the entire structure of the
government and the various principles that bind the institutions of government
have their origin in the Constitution of India.
After studying this chapter, you  will learn:
± what a constitution means;
± what a constitution does to the society;
± how constitutions govern the allocation of power in society; and
± what was the way in which the Constitution of India was made.
2024-25
2
Indian Constitution at Work
WHY DO WE NEED A CONSTITUTION?
What is a constitution? What are its functions? What role does it
perform for a society? How does a constitution relate to our daily
existence? Answering these questions is not as difficult as you might
think.
Constitution allows coordination and
assurance
Imagine yourself to be a member of a
reasonably large group. Further imagine that
this group has the following characteristics.
The members of this group are diverse in
various ways. They have different religious
allegiances: some are Hindus, some are
Muslims, some Christians and some perhaps
profess no religion at all. They are also varied
in many different respects: they
pursue different professions, have
different abilities, have different
hobbies, different tastes in
everything from films to books.
Some are rich and some are poor.
Some are old, some young.
Imagine further that members of this group are likely to
have disputes over various aspects of life: How much
property should one be allowed to own?  Should it be
compulsory that every child be sent to school or should
the parents be allowed to decide? How much should this
group spend on its safety and security? Or should it build
more parks instead? Should the group be allowed to
discriminate against some of its members?  Every question
will elicit a variety of answers from different people. But,
for all their diversity, this group has to live together. They are
dependent upon each other in various ways. They require the
cooperation of each other. What will enable the group to live together
peacefully?
Yes, this could be my colony as
well! Does this apply to your
village or town or colony too?
This group is very much like the
people of my village.
2024-25
3
Chapter 1: Constitution: Why and How?
One may say that perhaps members of this group can live together
if they can agree on some basic rules. Why will the group need certain
basic rules? Think of what would happen in the absence of some
basic rules. Every individual would be insecure simply because they
would not know what members of this group could do to each other,
who could claim rights over what. Any group will need some basic
rules that are publicly promulgated and known to all members of
that group to achieve a minimal degree of coordination. But these
rules must not only be known, they must also be enforceable.  If
citizens have no assurance that others will follow these rules, they
will themselves have no reason to follow these rules. Saying that the
rules are legally enforceable gives an assurance to everybody that
others will follow these, for if they do not do so, they will be punished.
The first function of a constitution is to provide a set of
basic rules that allow for minimal coordination amongst
members of a society.
Activity
Enact the thought experiment of this section in the
classroom. The entire class should discuss and arrive
at some decisions that would apply to everyone for
this entire session. The decision could be about:
± How would the class representatives be chosen?
± Which decisions will the representative be able to
take on behalf of the entire class?
± Are there some decisions that the class
representative cannot take without consulting the
entire class?
± You can add any other items to this list (collection
of common kitty for the class, organisation of picnic
and trips, sharing of common resources, …) as long
as everyone agrees to it. Make sure that you
include those subjects that have led to any
differences in the past.
± How to revise these decisions in case you
need to?
2024-25
Page 4


1
Chapter 1: Constitution: Why and How?
Chapter One
CONSTITUTION:
WHY AND HOW?
INTRODUCTION
This book is about the working of the Indian Constitution. In the chapters that
follow, you will read information about various aspects of the working of our
Constitution. You will learn about the various institutions of the government in
our country and their relationship with each other.
But before you begin to read about elections, governments, and presidents
and prime ministers, it is necessary to understand that the entire structure of the
government and the various principles that bind the institutions of government
have their origin in the Constitution of India.
After studying this chapter, you  will learn:
± what a constitution means;
± what a constitution does to the society;
± how constitutions govern the allocation of power in society; and
± what was the way in which the Constitution of India was made.
2024-25
2
Indian Constitution at Work
WHY DO WE NEED A CONSTITUTION?
What is a constitution? What are its functions? What role does it
perform for a society? How does a constitution relate to our daily
existence? Answering these questions is not as difficult as you might
think.
Constitution allows coordination and
assurance
Imagine yourself to be a member of a
reasonably large group. Further imagine that
this group has the following characteristics.
The members of this group are diverse in
various ways. They have different religious
allegiances: some are Hindus, some are
Muslims, some Christians and some perhaps
profess no religion at all. They are also varied
in many different respects: they
pursue different professions, have
different abilities, have different
hobbies, different tastes in
everything from films to books.
Some are rich and some are poor.
Some are old, some young.
Imagine further that members of this group are likely to
have disputes over various aspects of life: How much
property should one be allowed to own?  Should it be
compulsory that every child be sent to school or should
the parents be allowed to decide? How much should this
group spend on its safety and security? Or should it build
more parks instead? Should the group be allowed to
discriminate against some of its members?  Every question
will elicit a variety of answers from different people. But,
for all their diversity, this group has to live together. They are
dependent upon each other in various ways. They require the
cooperation of each other. What will enable the group to live together
peacefully?
Yes, this could be my colony as
well! Does this apply to your
village or town or colony too?
This group is very much like the
people of my village.
2024-25
3
Chapter 1: Constitution: Why and How?
One may say that perhaps members of this group can live together
if they can agree on some basic rules. Why will the group need certain
basic rules? Think of what would happen in the absence of some
basic rules. Every individual would be insecure simply because they
would not know what members of this group could do to each other,
who could claim rights over what. Any group will need some basic
rules that are publicly promulgated and known to all members of
that group to achieve a minimal degree of coordination. But these
rules must not only be known, they must also be enforceable.  If
citizens have no assurance that others will follow these rules, they
will themselves have no reason to follow these rules. Saying that the
rules are legally enforceable gives an assurance to everybody that
others will follow these, for if they do not do so, they will be punished.
The first function of a constitution is to provide a set of
basic rules that allow for minimal coordination amongst
members of a society.
Activity
Enact the thought experiment of this section in the
classroom. The entire class should discuss and arrive
at some decisions that would apply to everyone for
this entire session. The decision could be about:
± How would the class representatives be chosen?
± Which decisions will the representative be able to
take on behalf of the entire class?
± Are there some decisions that the class
representative cannot take without consulting the
entire class?
± You can add any other items to this list (collection
of common kitty for the class, organisation of picnic
and trips, sharing of common resources, …) as long
as everyone agrees to it. Make sure that you
include those subjects that have led to any
differences in the past.
± How to revise these decisions in case you
need to?
2024-25
4
Indian Constitution at Work
± Write down all these decisions on a paper and put
it up on the notice board. Which problems did you
encounter in this decision? Were there differences
among different students? How did you resolve
these differences? Did the entire class gain
something from this exercise?
Specification of decision making powers
A constitution is a body of fundamental principles according to which
a state is constituted or governed. But what should these
fundamental rules be? And what makes them fundamental? Well,
the first question you will have to decide is who gets to decide what
the laws governing the society should be? You may want rule X, but
others may want rule Y. How do we decide whose rules or preferences
should govern us? You may think the rules you want everyone to
live by are the best; but others think that their rules are the best.
How do we resolve this dispute? So even before you decide what
rules should govern this group you have to decide: Who gets to
decide?
The constitution has to provide an answer to this question. It
specifies the basic allocation of power in a society. It decides who
gets to decide what the laws will be. In principle, this question, who
gets to decide, can be answered in many ways: in a monarchical
constitution, a monarch decides; in some constitutions like the old
Soviet Union, one single party was given the power to decide. But in
democratic constitutions, broadly speaking, the people get to decide.
But this matter is not so simple. Because even if you answer that the
people should decide, it will not answer the question: how should
the people decide? For something to be law, should everyone agree
to it? Should  the people directly vote on each matter as the ancient
Greeks did? Or should the people express their preferences by electing
representatives? But if the people act through their representatives,
how should these representatives be elected? How many should there
be?
In the Indian Constitution for example, it is specified that in most
instances, Parliament gets to decide laws and policies, and that
Parliament itself be organised in a particular manner. Before
identifying what the law in any given society is, you have to identify
2024-25
Page 5


1
Chapter 1: Constitution: Why and How?
Chapter One
CONSTITUTION:
WHY AND HOW?
INTRODUCTION
This book is about the working of the Indian Constitution. In the chapters that
follow, you will read information about various aspects of the working of our
Constitution. You will learn about the various institutions of the government in
our country and their relationship with each other.
But before you begin to read about elections, governments, and presidents
and prime ministers, it is necessary to understand that the entire structure of the
government and the various principles that bind the institutions of government
have their origin in the Constitution of India.
After studying this chapter, you  will learn:
± what a constitution means;
± what a constitution does to the society;
± how constitutions govern the allocation of power in society; and
± what was the way in which the Constitution of India was made.
2024-25
2
Indian Constitution at Work
WHY DO WE NEED A CONSTITUTION?
What is a constitution? What are its functions? What role does it
perform for a society? How does a constitution relate to our daily
existence? Answering these questions is not as difficult as you might
think.
Constitution allows coordination and
assurance
Imagine yourself to be a member of a
reasonably large group. Further imagine that
this group has the following characteristics.
The members of this group are diverse in
various ways. They have different religious
allegiances: some are Hindus, some are
Muslims, some Christians and some perhaps
profess no religion at all. They are also varied
in many different respects: they
pursue different professions, have
different abilities, have different
hobbies, different tastes in
everything from films to books.
Some are rich and some are poor.
Some are old, some young.
Imagine further that members of this group are likely to
have disputes over various aspects of life: How much
property should one be allowed to own?  Should it be
compulsory that every child be sent to school or should
the parents be allowed to decide? How much should this
group spend on its safety and security? Or should it build
more parks instead? Should the group be allowed to
discriminate against some of its members?  Every question
will elicit a variety of answers from different people. But,
for all their diversity, this group has to live together. They are
dependent upon each other in various ways. They require the
cooperation of each other. What will enable the group to live together
peacefully?
Yes, this could be my colony as
well! Does this apply to your
village or town or colony too?
This group is very much like the
people of my village.
2024-25
3
Chapter 1: Constitution: Why and How?
One may say that perhaps members of this group can live together
if they can agree on some basic rules. Why will the group need certain
basic rules? Think of what would happen in the absence of some
basic rules. Every individual would be insecure simply because they
would not know what members of this group could do to each other,
who could claim rights over what. Any group will need some basic
rules that are publicly promulgated and known to all members of
that group to achieve a minimal degree of coordination. But these
rules must not only be known, they must also be enforceable.  If
citizens have no assurance that others will follow these rules, they
will themselves have no reason to follow these rules. Saying that the
rules are legally enforceable gives an assurance to everybody that
others will follow these, for if they do not do so, they will be punished.
The first function of a constitution is to provide a set of
basic rules that allow for minimal coordination amongst
members of a society.
Activity
Enact the thought experiment of this section in the
classroom. The entire class should discuss and arrive
at some decisions that would apply to everyone for
this entire session. The decision could be about:
± How would the class representatives be chosen?
± Which decisions will the representative be able to
take on behalf of the entire class?
± Are there some decisions that the class
representative cannot take without consulting the
entire class?
± You can add any other items to this list (collection
of common kitty for the class, organisation of picnic
and trips, sharing of common resources, …) as long
as everyone agrees to it. Make sure that you
include those subjects that have led to any
differences in the past.
± How to revise these decisions in case you
need to?
2024-25
4
Indian Constitution at Work
± Write down all these decisions on a paper and put
it up on the notice board. Which problems did you
encounter in this decision? Were there differences
among different students? How did you resolve
these differences? Did the entire class gain
something from this exercise?
Specification of decision making powers
A constitution is a body of fundamental principles according to which
a state is constituted or governed. But what should these
fundamental rules be? And what makes them fundamental? Well,
the first question you will have to decide is who gets to decide what
the laws governing the society should be? You may want rule X, but
others may want rule Y. How do we decide whose rules or preferences
should govern us? You may think the rules you want everyone to
live by are the best; but others think that their rules are the best.
How do we resolve this dispute? So even before you decide what
rules should govern this group you have to decide: Who gets to
decide?
The constitution has to provide an answer to this question. It
specifies the basic allocation of power in a society. It decides who
gets to decide what the laws will be. In principle, this question, who
gets to decide, can be answered in many ways: in a monarchical
constitution, a monarch decides; in some constitutions like the old
Soviet Union, one single party was given the power to decide. But in
democratic constitutions, broadly speaking, the people get to decide.
But this matter is not so simple. Because even if you answer that the
people should decide, it will not answer the question: how should
the people decide? For something to be law, should everyone agree
to it? Should  the people directly vote on each matter as the ancient
Greeks did? Or should the people express their preferences by electing
representatives? But if the people act through their representatives,
how should these representatives be elected? How many should there
be?
In the Indian Constitution for example, it is specified that in most
instances, Parliament gets to decide laws and policies, and that
Parliament itself be organised in a particular manner. Before
identifying what the law in any given society is, you have to identify
2024-25
5
Chapter 1: Constitution: Why and How?
who has the authority to enact it. If Parliament has the authority to
enact laws,  there must be a law that bestows this authority on
Parliament  in the first
place. This is the function
of the constitution. It is an
authority that constitutes
government in the first
place.
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.
Limitations on the
powers of government
But this is clearly not
enough. Suppose you
decided who had the
authority to make
decisions. But then this
authority passed laws that
you thought were patently
unfair. It prohibited you
from practising your
religion for instance. Or it
enjoined that clothes of a
certain colour were
prohibited, or that you
were not free to sing certain songs or that people who belonged to a
particular group (caste or religion) would always have to serve others
and would not be allowed to retain any property. Or that government
could arbitrarily arrest someone, or that only people of a certain skin
colour would be allowed to draw water from wells. You would obviously
think these laws were unjust and unfair. And even though they were
passed by a government that had come into existence based
“European Constitution” by Patrick Chappate, International Herald Tribune, 21SEP04 Copyright Cagle Cartoons.
READ A CARTOON
Countries of the European Union tried to create a
European constitution. The attempt failed. Here is a
cartoonist’s impression of this attempt. Does this
always happen in any constitution making?
2024-25
Read More
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FAQs on NCERT Textbook - Constitution : Why and How? - Indian Polity for UPSC CSE

1. What is the aim of the Constitution?
Ans. The aim of the Constitution is to establish and maintain a democratic government in India. It provides a framework for the governance of the country and defines the powers and responsibilities of the various organs of the government. The Constitution ensures that all citizens of the country are treated equally and have equal access to opportunities, resources, and services.
2. How is the Constitution organized?
Ans. The Constitution is organized into several parts. The Preamble provides an overview of the Constitution and its objectives. The Constitution has a total of 22 parts, which are further divided into articles. The articles specify the various provisions of the Constitution, such as the rights and duties of citizens, the powers of the government, and the structure of the judiciary.
3. What is the procedure for amending the Constitution?
Ans. The Constitution can be amended by a special process outlined in Article 368. Amendments can be proposed by either house of Parliament, and they must be passed by a two-thirds majority of the members present and voting. Once passed by both houses, the amendment must be ratified by a majority of the state legislatures. Some amendments require a special majority of the states to be ratified.
4. What is the significance of fundamental rights in the Constitution?
Ans. Fundamental rights are essential for the protection of individual liberties and freedoms. They are enshrined in Part III of the Constitution and include the right to equality, freedom of speech and expression, the right to freedom of religion, and the right to life and liberty. These rights ensure that every citizen is treated equally and has the freedom to express their opinions and beliefs.
5. What is the role of the judiciary in upholding the Constitution?
Ans. The judiciary plays a critical role in upholding the Constitution. It is responsible for interpreting the Constitution and resolving disputes between individuals and the government. The judiciary ensures that the government acts within the limits of the law and that citizens' rights are protected. The Supreme Court is the final authority on constitutional matters, and its decisions have far-reaching implications for the country.
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