Chapter Notes: The Indian Constitution

Table of Contents
1. Introduction
2. Need for Laws
3. Constitution
4. Need for a Constitution
5. Amendments
6. Law and the Constitution
7. The Human Rights
8. Law and Dissent
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Introduction

Our Constitution

• Dr. B.R. Ambedkar, a key figure, drafted the Indian Constitution.
• He was the first Law Minister of India and belonged to the Mahar caste, considered 'untouchable'.
• As Chairman of the Drafting Committee, he created a Constitution that protects all sections of society.
• Dr. Ambedkar was a thinker, philosopher, anthropologist, and political leader.
• He devoted his life to serving the nation and was honored as a Bharat Ratna recipient.

Need for Laws

• Laws are rules enforced by courts to maintain peace and order in society.
• They prevent conflicts and chaos by ensuring fair treatment for everyone.
• Laws stop the rich and powerful from dominating others.
• They resolve disputes over limited resources in a community.
• Laws ensure equal opportunities regardless of caste, religion, or gender.
• They prevent the concentration of power in the hands of the government.
• Laws protect against unfair practices like the caste system and dowry.
• They safeguard individual rights and promote justice.

The Dowry Prohibition Act

• The Dowry Prohibition Act was passed in 1961 to stop the dowry system in India.
• Dowry was originally a voluntary gift to the bride and groom for financial security.
• It has become a forced custom, with the groom's family demanding expensive gifts, money, or property.
• Women are often ill-treated, harassed, tortured, or even killed due to dowry demands.
• The Act makes giving or taking dowry a criminal offense.
• Despite the law, dowry practices continue, requiring collective efforts to eliminate this issue.

Constitution

• A Constitution is a set of fundamental principles and laws that govern a country or organization.
• The Indian Constitution is the longest written Constitution in the world, with 448 articles, 12 schedules, and 115 amendments.
• It has 117,369 words in its English version, compared to the U.S. Constitution, which has 7 articles and 27 amendments.
• It outlines the structure, procedures, and powers of government institutions.
• It includes Fundamental Rights, Directive Principles, and Fundamental Duties for citizens.
• Directive Principles guide central and state governments in framing laws and policies.

Need for a Constitution

• The need for a Constitution was first recognized by the Indian National Congress in 1934.
• Dr. Rajendra Prasad was elected chairman of the Constituent Assembly on 11th December 1946.
• A Drafting Committee, led by Dr. B.R. Ambedkar, prepared the first draft of the Constitution.
• The drafting process took place between 9th December 1946 and 26th November 1949, lasting nearly three years.
• The draft was published in February 1948 to gather public opinion.
• The Constitution resolves conflicts in India's diverse society with varied beliefs, cultures, and religions.
• It prevents misuse of power by political leaders in a democratic country.
• It provides rules and principles for governance.
• It defines the fundamental nature of society and guides decision-making processes.
• It protects minority rights and prevents majority domination.
• It grants and safeguards citizens' rights and freedoms.

Amendments

• The Constitution was adopted on 26th November 1949 and enforced on 26th January 1950.
• Amendments are changes or modifications to existing laws to suit current needs.
• About 100 amendments have been made since 1950 to address political, social, and economic changes.
• Amendments become part of the Constitution.
• Example: A new amendment in the Marriage Law makes divorce easier for women, protecting them from bad marriages.

Law and the Constitution

• The Constitution ensures efficient governance by dividing government into three organs:
• The Legislature: Makes laws.
• The Executive: Implements laws.
• The Judiciary: Enforces laws.
• All government organs and citizens derive their power from the Constitution.
• Acting against the Constitution is unconstitutional and unlawful.
• The Constitution allocates and restricts power to maintain balance.

The Human Rights

• Human rights are fundamental rights for every person's unrestricted development.
• Rights are legal, social, or moral freedoms granted by the Constitution for a dignified life.

Some rights are absolute, while others are non-absolute:

Absolute Rights 

• These are the rights that can never be limited or restricted, whatever the circumstances are-even in a state of war or emergency.
• For example, the right not to be tortured or treated in an inhuman or degrading way, regardless of the circumstances, is an absolute right.

Non-absolute Rights 

• Majority of human rights are non-absolute.
• The Constitution provides for a suspension of fundamental rights during certain circumstances.
• However, such a suspension automatically ends when the situation ceases or when the President orders it.
• For example, the right to liberty, freedom of expression and the right to peaceful enjoyment of possessions can be suspended during the time of an emergency.
• Emergency is a situation in which the Head of the State assumes extraordinary powers to defend the State from external threats and to maintain law and order within the country.
• Emergency was declared in India only once in 1975 by the then Prime Minister, Mrs Indira Gandhi.

Law and Dissent

• Dissent means disagreeing with or opposing a law.
• Citizens may protest against laws that limit their freedom.
• Two major protest movements highlight dissent in India:

Pre-1947 Agitation (The Salt Satyagraha)

• In 1929, Indians protested the British Salt Acts, which banned collecting or selling salt and imposed a heavy salt tax.
• Mahatma Gandhi led the Salt Satyagraha, also called the Dandi March.
• Gandhi and his followers marched from Sabarmati to Dandi, Gujarat, to illegally collect salt.
• The march ended on 6th April 1930, symbolizing peaceful dissent.
• Though the salt tax was not repealed, the movement showed the power of peaceful protest.
• The Constitution grants citizens the right to peacefully protest unjust laws.

Post-1947 Agitation (The Chipko Movement)

• The Chipko Movement started in the 1970s to protect trees and forests.
• Villagers hugged trees to stop woodcutters from lumber companies.
• It aimed to save forests, which were the livelihood of locals and vital for ecological balance.
• The movement protested commercial tree felling that harmed the environment.
• After the 1970 Alaknanda flood, the Uttar Pradesh (now Uttarakhand) government banned commercial forest felling.
• Forests were recognized as a defense against natural calamities like floods.