Chapter – 1

Constitution: Why and How?

In this post we have given the detailed notes of class 11 Political Science Book 2 Chapter 1 (Constitution: Why and How?) in English. These notes are useful for the students who are going to appear in class 11 board exams.

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Chapter 1: Constitution: Why and How?

Introduction

• The Indian Constitution is the supreme law of India.  
• It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.  

Why Do We Need a Constitution?

• Need for Coordination and Assurance:

  • A constitution provides a set of basic rules for a society, enabling coordination and assurance among its members.  
  • It helps diverse groups with different religions, professions, and interests to live together peacefully.  
  • It ensures that rules are publicly known and enforceable, providing security and stability.  

• Specification of Decision-Making Powers:

  • A constitution specifies who has the power to make decisions in a society.  
  • It establishes the structure of the government and defines the roles of different institutions.  
  • It answers the question of who gets to decide what the laws will be.  

• Limitations on the Powers of Government:

  • A constitution sets limits on what a government can impose on its citizens.  
  • It protects fundamental rights, such as freedom of speech, religion, and association.  
  • It ensures that the government cannot violate these rights, even during times of national emergency.  

• Aspirations and Goals of a Society:

  • A constitution expresses the shared values and aspirations of a society.  
  • It enables the government to take positive measures to achieve these goals, such as ending discrimination or providing welfare.  

• Fundamental Identity of a People:

  • A constitution creates a sense of collective identity and belonging.  
  • It defines the fundamental values that shape a society and its moral identity.  

The Authority of a Constitution

• What is a Constitution?

  • A constitution is a document or set of documents that perform the functions mentioned above.  
  • It can be a single, written document or a collection of documents and traditions.  

• How Effective is a Constitution?

  • The effectiveness of a constitution depends on several factors:
    • Mode of Promulgation: How the constitution was created and who created it.  
    • Substantive Provisions: Whether the constitution is just and provides a framework for pursuing justice.  
    • Balanced Institutional Design: Whether the constitution distributes power in a way that prevents any one group from subverting it.  

• Is a Constitution Just?

  • A constitution must be just and provide a framework for pursuing justice to be effective.  
  • It must preserve the freedom and equality of all its members.  

How Was the Indian Constitution Made?

• Composition of the Constituent Assembly:

  • The Indian Constitution was framed by the Constituent Assembly, which was elected by the members of the Provincial Legislative Assemblies.  
  • The Assembly was broadly representative of India’s diverse population, with members from all religions and communities.  

• The Principle of Deliberation:

  • The members of the Constituent Assembly engaged in public reason and deliberated on the Constitution with the interests of the whole nation in mind.  
  • They debated and discussed every issue thoroughly, reaching consensus on most provisions.  

• Procedures:

  • The Constituent Assembly had eight major committees that drafted different provisions of the Constitution.  
  • The Assembly met for 166 days, spread over two years and eleven months.  
  • Its sessions were open to the press and the public.  

• Inheritance of the Nationalist Movement:

  • The Constituent Assembly inherited the principles and values of the nationalist movement, such as equality, liberty, democracy, sovereignty, and a cosmopolitan identity.  
  • These principles were given concrete shape and form in the Constitution.  

• Institutional Arrangements:

  • The Constituent Assembly spent a lot of time evolving the right balance among the various institutions of government.  
  • It adopted the parliamentary form of government and the federal arrangement.  

Conclusion

• The Indian Constitution is a unique and intricately crafted document that has survived and become a living reality.  
• It is a testament to the wisdom and foresight of its makers that it has not only endured but also become an exemplar for many other constitutions.  

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