Notes on Chapter 1: Constitution - Why and How

Introduction

• Focus on Chapter 1 of Class 11 Political Science: "Constitution Why and How."
• Discussing the Indian Constitution and its provisions.
• Importance for government exams and basic understanding.

Why Do We Need a Constitution?

Key Questions

• What is the function of a constitution?
• How does it govern society?
• Why is it required?

Importance of a Constitution

1. Coordination and Assurance
   • Enables diverse groups to function together.
   • Provides a common platform for decision-making.
2. Specifies Decision-Making Powers
   • Determines who has the authority to make decisions.
   • In India, Parliament specified as the law-making body.

Functions of the Constitution

1. Basic Rules for Coordination

• Provides a set of rules for minimal coordination among members of society.
• Rules are legally enforceable; assurance of consequences for non-compliance.

2. Specifies Decision-Making Powers

• Determines who can make laws and how decisions are made.
• Allocates powers within the government framework.

3. Limits on Government Power

• Sets boundaries on what a government can impose on citizens.
• Fundamental rights protect citizens from government overreach.

4. Enables Government to Fulfill Aspirations

• Encourages government to take positive measures towards societal goals.
• Examples include ending caste discrimination and promoting equality.

5. Provides Fundamental Identity

• Establishes a collective identity for citizens.
• Incorporates moral values and norms that guide society.

Authority of the Constitution

Effectiveness of a Constitution

• Mode of promulgation: How the constitution comes into being influences its effectiveness.
• Substantive provisions: Fair and just provisions promote adherence to the constitution.
• Balanced institutional design: Divides power among different branches of government.

Case Study: Constitution Making in Nepal

• Nepal's struggle with multiple constitutions due to monarchy.
• Importance of public support for effective constitutional governance.

Making of the Indian Constitution

Constituent Assembly

• First sitting on December 9, 1946.
• Drafted amidst the backdrop of partition and violence.
• Included diverse representation, including members from scheduled castes.

Objectives Resolution

• Presented by Jawaharlal Nehru on December 13, 1946.
• Defined the aspirations and values of the constitution: equality, liberty, democracy, and sovereignty.

Summary of Key Points

• Functions of the Constitution: Coordination, decision-making powers, limits on government, aspirations fulfillment, and identity provision.
• Importance of Representation: The Constituent Assembly aimed for inclusiveness and public reason during discussions.
• International Influence: The Indian Constitution borrows principles from other countries while adapting them to local needs.

Conclusion

• The constitution is not merely a set of rules but a moral commitment to uphold democratic values and protect citizens' rights.
• Fundamental in shaping modern Indian identity and governance.