Cheat Sheet: The Constitution Of India An Introduction

1. Introduction

1.1 Overview

• The Constitution of India is the supreme document that lays down basic rules for running the country.
• It came into force on 26 January 1950 (Republic Day).
• The Constitution grew out of the Indian freedom struggle and India's civilisational traditions.
• The Constitution protects democracy and promotes fairness, equality and justice for all citizens.
• The original copy of the Indian Constitution is kept in a protected glass case in Parliament.
• Important office-holders (President, Prime Minister, judges) take an oath to preserve and protect the Constitution.

1.2 What the Constitution explains

• Organisation and responsibilities of the legislature, executive and judiciary.
• Checks and balances that keep government organs accountable and prevent misuse of power.
• Rights of citizens and duties expected from them.
• Country's long-term goals and values such as justice, liberty, equality and fraternity.

2. What Is a Constitution?

2.1 Purpose and contents

• Written document containing the basic rules and principles by which a country is governed.
• Explains how power will be organised and how rulers are chosen.
• Specifies rights granted to citizens and duties required of the government.

2.2 Why we need a constitution

• Acts as a rulebook to maintain order in society.
• Prevents disputes over power and rights that can cause confusion and conflict.
• Ensures protection of rights and fairness in public life when accepted by all.

3. Writing the Constitution of India

3.1 Constituent Assembly and drafting

• A Constituent Assembly was formed in 1946 to draft the Constitution.
• Dr. Sachidananda Sinha served as the first President (temporary presiding officer) of the Constituent Assembly.
• The Constituent Assembly first met on 9 December 1946.
• The Assembly originally had 389 members and became 299 after the Partition of India.
• The Assembly included about 15 women and representatives from different provinces, religions and communities.
• Dr. Rajendra Prasad was chosen as the Chairman (President) of the Constituent Assembly and later became India's first President.
• A Drafting Committee chaired by Dr. B.R. Ambedkar prepared the initial text; Ambedkar later became the first Law Minister of independent India.
• The Constituent Assembly adopted the Constitution on 26 November 1949.
• Members of the Constituent Assembly were chosen by provincial assemblies, ensuring a democratic origin for the Constitution.

4. What Shaped and Influenced the Indian Constitution?

4.1 Main influences

• Indian freedom movement.
• India's civilisational heritage.
• Constitutions and ideas from other countries.

4.2 Indian Freedom Movement

• Ideas of equality, justice, freedom and fraternity were incorporated into the Constitution.
• Assembly settled universal adult franchise, separation of powers and protection of fundamental rights.
• Constitution set out procedures for amendment and the relationship between Central and State governments.

4.3 India's Civilisational Heritage

• Values such as respect for diversity and tolerance influenced the spirit of unity in diversity.
• Concepts like vasudhaiva kutumbakam and sarve bhavantu sukhinah informed concern for welfare of all.
• Historical systems and ethical ideas (janapadas, sanghas, Kauṭilya's saptanga, rajadharma) influenced citizens' responsibilities and Fundamental Duties.

4.4 Learnings from Other Countries

• France: ideas of liberty, equality and fraternity.
• Ireland: ideas for the Directive Principles of State Policy.
• United States of America: idea of an independent judiciary and certain constitutional structures.
• United Kingdom and Australia: parliamentary practice and federal arrangements.
• The original Constitution document was decorated with images from India's cultural history (Mahabharata, Ramayana, Mohenjo-daro, Mughal architecture).

5. Key Features of the Constitution of India

5.1 Organs of government

• Legislature
• Executive (national level led by the Prime Minister)
• Judiciary
• Separation of powers to enable checks and balances
• Three levels of government: Central, State and local (including Panchayati Raj institutions)
• Electoral system ensures universal adult franchise

5.2 Main features

5.3 Observation

• Begum Aizaz Rasul observed in 1949 that the Constitution's guarantee of equality for women (Article 14) reflects India's ancient ideals.

6. The Constitution Is a Living Document

6.1 Definition

• Can be changed through amendments to meet new needs and solve new problems.

6.2 Examples of important changes

• Fundamental Duties were added by the 42nd Amendment (Part IV-A) in 1976.
• In 2004 the Supreme Court recognised that citizens are allowed to fly the national flag at home as part of the Right to Freedom of Expression.
• The Panchayati Raj system was given constitutional status in 1992 through the 73rd Amendment.

6.3 How amendments are made

• Amendments are proposed and debated in Parliament; some types require approval by a majority of state assemblies.
• Public debate and popular movements have played a role in bringing constitutional change.
• The original text of the Constitution was handwritten by Prem Behari Narain Raizada and illustrated by Nandalal Bose.

7. Understanding the Preamble: The Guiding Values of the Constitution of India

7.1 The Preamble's core values

8. Difficult Words

8.1 Terms and definitions