Hi Humans and welcome back to Humanities I am Purva In today's video we will cover chapter 1 of class 11th political science Chapter 1 is Constitution Why and How In this book Indian Constitution at Work we will read about the provisions of Constitution in detail Music So if we understand the name of chapter 1, then why do we need the constitution? Why means why is it required? How does it help us?
What is its function in governing society? To be The basics of the constitution are explained in this book If you want to take any government exam, this is the basic material for your political science So from now on, I am saying that we will cover this book together notes banau aapko saath mein notes banani hai and bohot hi achche se hum apna poora class 11th ka syllabus cover kar lenge aapko poori playlist mein ye videos mil jayangi this is one short video jo ki enough hai aapke class 11th ke exams ke liye and even for clearing your basics for any other government exam chaliye line by line ncrt se iss chapter ko samajhte hai pehle dekh lete hai introduction iss mein ye bataya gaya hai ki humari book mein hum working of indian constitution ke baare mein sabkot jaa hai and this chapter, particularly chapter no.1 when we read it, what will we know? What is the meaning of Constitution?
What a constitution means? What is the meaning of Constitution? What a constitution does to the society? What is the function of the constitution? How constitution governs the allocation of power in society?
How does it function? What was the way in which Constitution of India was made? Making of the constitution?
When we cover the whole chapter, we can give the answer to these basic questions easily. Let's start. First question is Why do we need a constitution?
Why do we need a constitution? Why do we need to make a constitutional rule book? What is the need?
Why is it required? What is a constitution? What are its functions?
What role does it perform for a society? How does a constitution work? Constitution relate to our daily existence?
We will know all these in this chapter It is not that difficult as you are thinking Because you all already know We will just give more words to it Your ideas because we have lived in society We know what is written in the constitution Which we have to follow We will read that in more detail So why do we need a constitution? What is the first point? Why do we need a constitution?
Because constitution Coordination and assurance When you see when you dance on annual day, all the steps should be coordinated All the steps should be done at the same time Coordination should be done so that everyone performs together in the group Assurance means giving a kind of confidence, giving a kind of support to the citizens Imagine yourself to be a member of a reasonably large group You are a member of a very big group You are a member of a very big group Further imagine that these are the characteristics of that group What are the characteristics? The members of this group are diverse in various ways Suppose you have a friend circle In that, there is a friend who is Hindu, Muslim, Christian, Sikh And there is someone who does not believe in any religion See what else is there in your friend circle? There are different professions There is a doctor, an engineer, a lawyer, a youtuber, a tiktoker There are different abilities of everyone There is a big topper So someone sells golgappas, he is also a businessman Have different hobbies, everyone has different interests Someone plays badminton, someone plays cricket Everyone has different tastes From films to books, someone watches Japanese anime Someone watches Hindi Bollywood movies Someone is rich, someone is poor Someone is old, someone is young There are so many differences in your friend circle Now think that you have such a different friend circle Then obviously you fight there will be fights because everyone is different, everyone has different background, everyone has different thinking so if there is a fight on such questions like how much property should one be allowed to own? how much property should one have?
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 safety and security? should it build more So many questions arise, right?
Will there be equality or discrimination in this group? Will a specific religion person give more orders to everyone? Now if you ask such questions, then you will be asked In your friend circle, everyone will have different answers Right? So every question will elicit a variety of answers from different people Different people will have different answers for these questions But because everyone is different This group has to live together You all have to be together in a friend circle So you have to agree on a common point You have to take a common decision Right No matter what the question is For example, the question is that you have a party and who will be in whose house So everyone will have different answers But you have to decide that okay, this month you will be at your house and next month you will be at his house By doing this Right Because you have to be together They are dependent upon each other in various ways They require the cooperation of each other Until you cooperate, all will not come on a single decision Until all will not agree, your group will not be able to function together What will enable the group to live together peacefully? If you want to keep your friendship peaceful, then what is required?
Cooperation is required You have to cooperate in a way listen to each other and come to a decision so one may say that perhaps member of this group can live together if they can agree on some basic rules you have made basic rules then cooperation will be easy why will the group need certain basic rules why basic rules are needed because if there are no basic rules then there will be conflict, problem arise, fights every individual would be insecure simply because they would not know what members of this group are group could do to each other. May be you will have a fight, violence, slap in the face. Who could claim rights over what? To answer all these questions, you will set basic rules. Any group will need some basic rules that are publicly promulgated.
Publicly promulgated means publicly ordered, publicly announced. And known to all members of that group to achieve a minimum of respect. degree of cooperation which will help them to make minimal degree of coordination but these rules must not only be known they must also be enforceable not that we know this rule, if you know the rule then you have to follow it enforceable means to implement, follow if citizens have no assurance that others will follow these rules they will themselves have no reason to follow these rules rule book is made that everyone has to follow equally if one is not doing then the other will not do and will say that he also did not do saying that the rules are legally enforceable legally enforceable means if you do not follow it then you can get a consequence you can get a punishment legally enforceable you can get punishment under law if you do not follow it so what is this giving an assurance it is giving a belief to all members that if someone did not follow then he will get a punishment so all of us will follow these rules so this is one way to explain to you that this big group is society we are all citizens living in India and this rule book is Constitution the first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society so what is the first function?
function number one of the constitution is to provide a base rule book hai ye to provide a set of a group of basic rules jis se minimal coordination hogi among the members of society to humne kya padha Constitution has to provide a set of basic rules basic rules which all follow which will give minimal coordination minimal coordination which will be possible in society among the members of the society Logo ke beech mein. So this is number one function of the Constitution Provides us with a set of basic rules for minimal coordination amongst the member of society Now let's go to the second function. Why do we need a constitution?
Point number two Specifies the decision-making powers Who will take the decision? Who will take the decision? Who has the authority to take the decision?
Specifying this, particularly telling A constitution is a body of fundamental principles According to which a state is Constituted or governed state means country What is a constitution? It is a fundamental set of principles and rules according to which a country will run Will be governed But what should these fundamental rules be? What will be these rules?
What makes them fundamental? What makes them basic? The first important question for this is that who decides? Who gets to decide what the laws governing the society should be?
That who is making these laws? Who is making these laws? Who is making these rules?
What is the second thing? For example, I want that there should be no test for driving license But you want that there should be a test for driving license There will be safety from that So how will we decide whether it should be or not? You may think the rules you want everyone to live by are the best.
I think this is right. But you think what you are saying is right. So everyone has their own opinion. How do we resolve this dispute?
How do we decide who is right, who is wrong, which rule should be applied. So even before you decide what rules should govern this group, you have to decide who gets to decide. That's why first who should we believe?
Yours or mine or someone else's. Then only we can decide. we will be able to see that which rules are to be made before that we will have to see that who is making these rules so constitution tells us that who can make these rules the constitution has to provide an answer to this question It specifies the basic allocation of power in society So what does the constitution do?
Allocation of power Who has rule making power? Allocation of power This is a function of the constitution Allocation of power power 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 Constitution which has head of monarch and king then only he will decide. Now there are some such constitution like old Soviet Union USSR's constitution which was Russia's predecessor. Before Russia Union of Soviet Socialist Republic.
So in that there was a single party which had power. So that party had power to decide but in democratic institutions like India where constitution is based on democracy here The people have the power to decide But this is not simple because there are so many people, will everyone's decision matter? How will the people decide? Should everyone agree to? And if one decides, then should everyone's vote be in it?
Everyone should agree completely, this is impossible Should the people directly vote on each matter as the ancient Greeks did right before in Greece there was direct voting people directly participated in decision making if any law is coming then it will be included in the vote of each person this was known as direct democracy but because India is such a big country with so many people our population is so much now we have come to number one so direct voting is impossible right so that's why we are indirect under democracy which we will study further. So all these are just questions to explain to you. Now we will cover the main things, crux which is important in your answer writing.
These are just things to understand which you have understood. So in the Indian Constitution for example, it is specified that in most instances, in most cases parliament gets to decide laws and policies. Parliament is the law making body in India. So in the Indian Constitution, it is specified that in most instances, and that parliament itself be organized in a particular manner what is parliament?
everything is written in the constitution so before understanding what the law is we have to understand who has the authority to enact it it. So in India, Parliament has the power to enact laws. If Parliament has the authority to enact laws, there must be a law that bestows this authority to the Parliament in the first place.
power hai toh kiske paas power hai uske liye bhi pehle ek law likha hua hai right toh constitution mein mentioned hai that parliament is the law making body fine this is the function of the constitution it is an authority that constitutes the government in the first place toh constitution wo authority hai jo ye basic question resolve karta hai ki kiske paas power hai so the second function of a constitution is to specify who has the power to make decisions in a society who has the power it decides how the government will be constituted what will be the form of government? will be democratic, will be monarchical right? all this is written in our constitution okay so this is the second function what is the second function? second function says that constitution specifies clearly who has the power To make decisions in the society Who will make the decisions? And the biggest part comes in this How the government is to be constituted How the government will be made All this is written in the constitution So what was the first function?
Set of basic rules that will have minimal cooperation and coordination among the member of society Second is specify who will have the power Specify the power, who has the power has the power to make decisions plus how the government is to be constituted clear let's move ahead now let's move on to the next function limitations on the powers of government now the one who is given power has to tell that there is only this much power beyond this you cannot do this it is limiting power it is creating boundaries like parents tell that okay child go to party they gave you power they allowed you but come till this time limit them right so limit them limitations on the power of the government is also given by the constitution whoever gives power will also limit these powers suppose you have decided who has authority in decision making class monitor has but then the authority passed laws that you thought were patently unfair but he is giving full attendance to his best friend and absenting others so what happened? it became unfair for example, here what example is given that the government is prohibiting you from practicing your religion your religion is they were not promoting or saying you should change they were putting restrictions and it enjoined that clothes of a certain color were prohibited that you cannot wear black clothes and leave unfair treatment is happening or that you were not free to sing certain songs and that people who belong to a particular group or caste would always have to serve others and would not be allowed to retain any property like it used to be with untouchables and there are some instances which are still happening in North Korea right? So this is an exercise of unfair authority To stop such unfair decisions The constitution puts limitations on the power of the government So the third function of a constitution is to set some limits On what a government can impose on its citizens Set limits On government activity On what a government can impose impose on its citizens.
These limits are fundamental in the sense that government may never trespass them. These are the limits which are fundamental which government can never violate. In which form do we have these limits? We have these limits in the form of fundamental rights which we will study in detail in further. So the third function is to set limits on the power of the government.
Clear? So set some limits on what a government can impose on its citizens. Clear?
So the third function is to set some limits on what government can impose on its citizens. On its citizens. Okay?
And these limits are fundamental in nature. In any situation, the government can impose on its citizens. Government can't violate or trespass them Fundamental in nature Cannot be violated by the government Constitutions limit the power of government in many ways For example, the most common way of limiting the power of government Is to specify certain fundamental rights That all of us possess as citizens Which are our basic rights that no one can snatch from us And neither can any government violate them Under mental rights, what do we have today? like right to equality, right against exploitation these are our fundamental rights right to life and personal liberty the exact content and interpretation of these rights varies from constitution to constitution every constitution has different fundamental rights but most constitution will protect a basic cluster of rights but mostly every constitution has some basic set basic group of fundamental rights citizens will be protected from being arrested arbitrarily and for no reason.
You cannot be arrested without any reason. This is one of the basic limitation upon the power of the government. You will always have the right to know the reason of your arrest.
Citizens will normally have the right to some basic liberty such as freedom of speech, freedom of consign, freedom of association, freedom to conduct a trade or business etc. You have freedom, you have liberty. freedom of speech, freedom of religion, freedom of profession, any business trade you want to take part in, right?
In practice, these rights can be limited during times of national emergency. There is only one such situation. when these fundamental rights can be limited i.e. can be snatched from you during national emergency national emergency and the constitution specifies the circumstances under which these rights may be withdrawn constitution mehi likha gaya hai. Chalye, ap chalte hai fourth function pe. Fourth function hai ki jo society ke log hai, jo people hai, unki aspirations, unki ichhain puri karna, aspirations and goals of a society.
Most of the older constitutions limited themselves largely to allocating decision making power and setting some limits to government power. To ye jo most old constitutions hai, jo pehle constitutions banay gaya, unho ne second or third function to kiya ki. gave power to the government and also limited that power but this fourth function did not do this but many 20th century constitutions which are constitutions of 20th century 20th century means 1901 to 2000 this is 20th century and now which century is going on 21st century right perfect so but many 20th century constitution of which Indian constitution is the finest example best example Indian constitution they give an enabling framework for the government to do certain positive things to express aspirations and goals of society so in constitution aspirations and goals of society are also mentioned that what we want our society to be the example of a perfect society the Indian constitution was particularly innovative in this respect it is very innovative what has been told? many DPSPs have been mentioned Directive Principles of State Policy So, they are empowering the government that you should take positive measures so that the problems of inequality and poverty get over So, the constitution lays down the aspirations and goals of a society to encourage to empower the government to take some positive steps, positive measures in this aspect For example, India aspires to be a society that is free of caste discrimination.
Cast discrimination se free ho. India ki ye aspiration hai, ichcha hai, right? Goal hai.
If this is our society's aspiration, the government will have to be enabled and power to take all necessary steps to achieve this goal so government should make such laws which can change this aspiration into reality for example in South Africa there was deep racial discrimination racial discrimination means discrimination on the basis of race, color, ethnic origin South Africa, the country below Africa, was very much racial discrimination so in the new constitution, they wrote such provisions that were ending this racial discrimination who was the famous person who against the regime, Nelson Mandela. Very good. So that is why a constitution may enshrine the aspirations of a society.
The framers of the Indian Constitution, for example, thought that each individual in society should have all that is necessary for them to lead a life of minimal dignity and social self-respect. So we will frame the Constitution in such a way that every individual has the right to live with minimal dignity and self-respect. Minimum material well being, minimum standard of living, education So all these provisions are included in Indian constitution Indian constitution enables the government to take positive welfare measures Some of which are legally enforceable Some provisions are made in Indian constitution Which will lead to positive steps to end or to achieve the aspirations of the people Which are legally enforceable you can legally enforce them legally you can ask for your right in court if it is violated as we go on studying the Indian constitution we will know which are the rights and provisions which are legally enforceable and the positive welfare measures that the government takes to fulfill the aspirations of the society now this is very basic thing the highlighted part will be asked in your exam in detail so these enabling provisions are mentioned in preamble preamble is given in the beginning of the book democratic socialist sovereign republic these provisions are found in the section of our fundamental rights and directive principle of state policy also enjoin government to fulfill certain aspirations of the people DPSP Are the goals mentioned for the government to achieve?
The fourth function of a constitution is to enable the government to fulfill the aspirations of a society and create conditions. of a just society just means fair and equal so what is the fourth function of constitution giving power to government enabling aspirations of the society of the society by making the necessary provisions and society can be made a fair society so this is the fourth function so the fourth function of the Constitution is to enable the government Government ko power dena to fulfill the aspirations of society fulfill the goals of the society jo chahate hi hai society, ichcha hai aspirations of society and make a just society, a fair society clear this is the fourth function now let's move on to the final last function of the constitution which is most important constitution It gives fundamental identity to citizens, people. Fundamental identity, basic identity of a people is Constitution. Let's see how.
Finally and perhaps the most important function is to express the fundamental identity of people this means that people as a collective entity come into being only through the basic constitution basic constitution hai toh hi log collectively saath ek entity bante hain collective entity banti hai it is by agreeing to a basic set of norms jo bhi log agree kar rahi hai constitution ko accept kar rahi hai jo bhi usme likha hai about how one should be governed about how one should be governed and who should be governed? this makes a collective identity one has many sets of identities that exist prior to a constitution so now we understand it is very interesting but very important that we get the answer so before having a collective identity, individuals have many identities but by agreeing, accepting the set of rules laid down by the constitution we make a political identity so this results into a political identity political identity is What is this collective identity? It is a political identity By agreeing to certain basic norms, rules and principles, one constitutes one's basic political identity This makes our political identity That politically we are accepting that our government will be a democratic government Second, constitutional norms, the rules written in the constitution are an overarching framework That is a very important framework work hai jismein hum apni individual aspirations, goals or freedoms dekhte hai.
The constitution sets kya deta hai authoritative constraints deta hai upon what one may or may not do. Ki hume kya karna chahiye or kya nahi karna chahiye hume iste pata chulta hai. It defines the fundamental values that we may not trespass. Ki hume kya violate nahi karna hai.
So the constitution also gives a moral identity. Toh dosri identity kaunsi hai? Moral identity.
identity, this tells what to do and what not to do, what is good, what is bad. Clear? So political identity and moral identity. What is moral? The values.
Third and finally, it may be the case that many basic political and moral values are now shared across different constitutional traditions. For example, if one looks at constitutions around the world, if we look at many different constitutions, then different things are written they differ in many respects they differ in different aspects they are different in the form of government they enjoin in many procedural details but they also share a good deal there are many common things and many different things For example, most modern constitutions create a form of government that is democratic in some respects. Democratic government forms a form of government. Most modern constitutions which are recently formed, most claim to protect certain basic rights, fundamental rights which will be protected. But constitutions are different.
in the way they embody conceptions of national identity so now the meaning of national identity is different for every country most nations are an amalgamation amalgamation means collection of a complex set of of historical traditions their history was different, their background was different so they weave together the diverse groups that reside within the nation in different ways for example, German identity was constituted by the ethnically German, the constitution gave expression to this identity, so in Germany German identity is mentioned in Indian constitution there is no such difference it does not make ethnic identity or criteria for citizenship be a citizen of India. You don't need any ethnic identity or religion. Right?
So this is the difference in the national identity. So every country has different relationship with the region and with the government. So the relationship between different regions of a nation, region means areas, locations and the central government and the relationship with the government, that is where national identity is formulated.
and as such there is no differentiation anyone can be a citizen of India right? perfect so here is a fun exercise we are given provisions and we have to tell which functions they fall under like the government cannot order any citizen to follow or not follow any religion so there is a limitation cannot is said the government must try to reduce inequalities in income and wealth this is what has been said Positive measures are being taken Enable the government Enabling to take positive measures To fulfill the aspirations of the people This is our example The president has the power to appoint prime minister So what is given here? Who should have the power? The constitution tells who has the power So who has the power? This is told The constitution is the supreme law that everyone has to obey So again Again here power is mentioned, authority is mentioned, who has it?
Indian citizenship is not limited to people of any race, caste or religion So what is there in this? It has given a fundamental identity So let's quickly sum up what are the functions of the Indian Constitution Number one function is that the constitution allows coordination and assurance The first function of the constitution is to provide a set of basic rules that allow for minimal coordination among its members Number two among its members of a society. These rules are legally enforceable and give an assurance to everybody that others will follow these rules for because if they do not do so they will be punished.
What is the number two function? To specify who has the power to make decisions in a society. So constitution decides how the government will be constituted.
It decides who gets to decide what the law is. laws will be clear for example Indian Constitution may parliament ke paas hai law making power third function kya hai to set some limits on what a government can impose on its citizens teenoh hi humne flow chart ke through pada hai pehle kya hai yaar set of basic rules hai phir kya kar raha hai power de raha hai thik hai power ke baad kya kar raha hai uss power ko limit kar raha hai badiya these limits are fundamental in the sense that government cannot cannot violate them tras tres pas de The government has to specify certain fundamental rights that is given to all of the citizens and that cannot be violated. Fourth function is to enable the government to fulfill the aspirations of the society and to create conditions of a just society. Enabling the government to take positive measures to fulfill the aspirations of the society and to make a fair society.
Like in India, the aspiration is to end caste discrimination. And number 5 It is giving a fundamental identity to people Fundamental identity Constitution provides fundamental identity of a people It means that people as a collective entity Come into being only through the basic constitution It is giving a collective entity Fine these are the five functions of the constitution Which are very very very essential Your answer is definitely that why we need a constitution or what are the functions of the Constitution so very important yeh wala poora part humne cover kar liya hai ap chalte hain apne next topic pe sabse pehle iss se pehla humare jo first topic tha that was why do we need a constitution the functions. Now we are going to the authority of a constitution.
So there are some questions about the constitution which we should know the answer to. What is a constitution? What is a constitution? What is the meaning? How effective is a Constitution is effective and is Constitution just?
In most countries, Constitution is a compact document that comprises a number of articles about the state specifying how the state is to be State means Government Specifying how the state is to be constituted and what norms it should follow How the government will be formed and how it will be followed follow karne hai. When we ask for the constitution of a country we are usually referring to this document toh jaise book hoti hai waise hi constitution ek document hai but some countries like the United Kingdom do not have one single document that can be called Constitution rather they have a series of documents and decisions which can be called as Constitution but in India we have a compact book compact document which is called Constitution so we can say that Constitution is a document or set of documents if we talk about overall all over the world that seeks to perform the functions that we mentioned above which performs 5 functions But many constitutions around the world exist only on paper There are many constitutions which are written in the constitution but are not being followed or implemented They are mere words, they are just words written on a piece of paper but they have no value The crucial question, the most important thing is that whatever is written in the constitution is correct But is it being implemented, is it effective, is it in reality? practically used or is it just a written word?
So what makes it effective? Is it the thing that makes a powerful source of constitution that can be applied? What ensures that it has real impact on the lives of people? Making a constitution effective depends upon many factors. Let's read about them.
How can a constitution Be made effective Right Let's go First of all, what is the mode of promulgation? Promulgation means declaration Officially announcing So what was the mode? What was the method? This refers to how a constitution comes into being Who crafted the constitution?
This is also important to understand that can it be practically valid or is it unfair? And how much authority did they have? In many countries, constitutions remain defunct like defunctions which are not applicable because they are made by military leaders or leaders who do not have the support of people, who do not have popular support which are made by non-democratic leaders and that is why the people are unhappy with these constitutions that is why they are not effective the most successful constitutions for example that of India, South Africa and United States are constitutions which were made by which were created in the aftermath as the result of the popular national movement i.e. when we were trying to get rid of the Britishers, when we got freedom, we made our constitution so as a result of freedom struggle result of freedom struggle or national movement clear? although India's constitution was formally created by the constituent assembly a group of people called Constituent Assembly they drafted and framed the Constitution of India between December 1946 and November 1949 very important it drew upon a long history of the nationalist movement that had a remarkable ability to take along different sections of Indian society together because we had seen the rule of Britishers and we knew how much we wanted our freedom It is so beautiful.
And because we did not have the freedom, we did not have Liberty to me Our members of the Constituent Assembly knew that we need a democratic government and people's freedom and rights Because we didn't have that for years Why is our constitution so remarkable and successful? Because it was made by people who were patriotic People supported them, people loved those leaders who framed our constitution So because it was drawn up by people who enjoyed immense public credibility, public credibility means public support. who had the capacity to negotiate and command the respect of a wide cross section of society and who were able to convince the people that the constitution was not an instrument for the aggrandizement of their personal power aggrandizement means increase exaggerate personal power so what has been said our constitution is legitimate where does its legitimacy come from the fact that the people who have made it the constituent assembly members they They were loved and supported by the people.
They had popular support. And they could negotiate and get their say. And all over the society, people respected them. They earned respect and respect from people.
And they were able to convince the people that the constitution is not for personal power, but for the welfare of all. Very important, the final document, the final draft of the Indian constitution reflected what? The broad national National consensus at that time National consensus means national agreement All the people, all the citizens of India, entire society is agreeing with the Constitution National consensus So this was our popular document Some countries have subjected their Constitution to a full-fledged referendum After the Constitution was ready, countries conducted a referendum What is a referendum?
A public vote where everyone will come and vote whether they want this constitution to be implemented or not So after making the constitution, people were given a direct public vote for the constitution Where all the people vote on the desirability of the constitution whether they are happy with the constitution or not The Indian constitution was never subjected to such a public vote because itni but nevertheless enormous public authority is carried by Indian constitution because it is widely supported by the people and because they have put very fair and just provisions because it had the consensus agreement and backing of the leaders who were themselves popular and people have supported the leaders who are making the constitution so the provisions are also supported Although the constitution itself was not subjected to a referendum, the people adopted it as their own by abiding by its provisions. Everyone started following the constitution. Therefore, very important conclusion, the authority of the people who enact the constitution, that is how effective the constitution will be. So the authority of the people who enact the constitution helps determine in part, in part means a little bit. its prospects for the success we will know how to make the constitution effective the authority of the people who enact the constitution determines the success of the constitution how effective it will be and how much people will like it now some people are making the constitution which people don't like like military commanders, kings so automatically people will not be happy with the provision Let's cover this box.
Debate over constitution making in Nepal. Making a constitution is not always an easy and smooth affair. Problems are there.
The most complicated example of this is Nepal. Where since 1948, Nepal has had 5 constitutions. 5 constitutions have been made in 1948, 1951, 1952, 1962 and 1990. But all these constitutions were granted by the king of Nepal.
democratic basis pe nahi tha. The 1990 constitution introduced a multi-party competition. Finally multi-party system was introduced though the king continued to hold final powers in many respects.
Lekin tab bhi jo kaafi authority king ke paas thi, monarch ke paas thi, king of Nepal ke paas thi. For many years Nepal was faced with militant political agitations for rigs. for restructuring the government means because there was tight control of the king but people wanted democracy so militant political agitations means violent movements were happening that were done by the Maoists of Nepal, Maoists means those who believe in extreme methods, in violence to make their words heard, to make their aspirations heard by the government. The main issue was the role of monarchy in constitution of Nepal because it was very undemocratic. Some groups in Nepal wanted to abolish the institution of monarchy and establish republican form of government where people elect the leader.
Others believe that it may be useful to shift to limited monarchy with a reduced role of the king. Some wanted to remove monarchy completely and some wanted to keep monarchy to some extent because it has always been there and there should be a little openness where people also get power. The king himself was not ready to give up powers he took over all powers in October 2002 back to monarchical rule many political parties and organizations demanded the formation of a new constituent assembly the Communist Party of Nepal Maoist means those who believe in extreme forms they were the first in that struggle to make an elected constituent assembly on a popular basis that would make the constitution of Nepal finally under the political pressure the king had to install a government acceptable to the agitating parties agitating parties which are protesting this government has stripped the king of almost all powers now king has no power and in 2008 Nepal emerged as a democratic republic after abolishing monarchy finally Nepal adopted a new constitution in 2015 so this was a journey of Nepal's constitution making Now the second thing which is very important to make a constitution effective is the substantive provisions of a constitution Substantive provisions means the provisions which are written in it What are the basic rights?
What are the basic objectives? The provisions written in it For example, Indian Constitution is democratic Democracy is its basis And what is mentioned in our preamble Democratic, Socialist, Sovereign, Secular Republic public. Yeh kya hai?
These are the substantive provisions jo aage jaake hum har ek provision mein paate hain. It is the hallmark of a successful constitution that it gives everyone in society some reason to go along with its provisions. Hallmark yaani ki pehchaan. Kya pehchaan hai ek successful constitution ki?
Ki har ek individual ko wo kuch sahara de raha hai, wo ek reason de raha hai constitution ke sath chalne ka, constitution ko follow karne ka. Yaani ki har ek individual ke... beliefs are included in it For example, a constitution is made in which the majority community suppresses the minority community and will run more than them Will the minority people follow the constitution?
No, because there is nothing beneficial in it So it is told like this For example, the constitution has given some members privileged power and others no So what will happen? The other groups would not follow the constitution because they are not beneficial If any group feels that their identity is being stifled, they will have no reason to abide by the constitution to follow the constitution That's why the constitution should follow the group's identity so that each and every group follows the constitution No constitution by itself achieves perfect justice but it has to convince people that it provides the framework for pursuing basic justice. At least there are basic rules under the constitution which can establish basic justice and a free and fair society. The more the constitution protects, preserves, and gives people freedom and equality, the more successful it will be.
because we all want freedom and equality no restrictions, we do whatever we want and equality, everyone should be treated equally no discrimination perfect so how will an effective constitution be made? when its substantial provisions are fair will enhance justice and will take everyone along gives reason to each individual person to abide by the Constitution second point is this let's move ahead let's see how much we covered till now how can a constitution succeed right and be made effective right Number one, what did we see? Number one The mode of promulgation Mode of promulgation means who is making it Who is enacting the constitution The authority people who enact the Constitution determines its success. How?
If there is a popular leader, then he will be more successful. If there is a military commander or monarch who is undemocratic, So less likely is that the constitution will be successful and effective. Second thing what we read? The substantive provisions of the constitution should be fair.
And the constitution gives everyone a reason. To go along with it To go along with it Or abide by it Perfect Let's see the third thing Now the third thing is balanced institutional design What is the meaning of institutional design? Our government has three pillars First is Legislature, the law making body which we have covered then there is executive which implements this law then there is judiciary which in case of conflict plays a role here So constitutions are often subverted not by the people but by small groups who wish to enhance their own power So who corrupts the constitution? Who damages it? According to their needs, not a single person Not each and every one or an individual but a small group who want to enhance their power Well crafted constitutions divide power divide the powers so that there is no concentration of powers in any one place because if one person has power then he will use it for his personal means that is why well crafted constitutions are part of the power in society intelligently so that no single group can subvert the constitution so that no one can corrupt it.
One way of such intelligent designing of constitution is to ensure that no single institution, no one institution has power, no concentration of powers, no place is concentrated of power, no concentration of powers, divide this power. So that is why one way is to ensure there is no single institution, no one institution. not a single institution which has monopoly of power which has all the power which has concentration of powers which has all the power in its hand this is often done by fragmenting dividing power across different institutions so in India, in Indian constitution horizontally how it is divided legislature, executive and judiciary horizontally means like this so legislature, executive and judiciary even independent statutory bodies even independent bodies which have been established through law like election commission so fragmentation, division of powers has been done so that if power is in the hands of one person at any one place then it gets corrupted this ensures that even if one institution wants to subvert the constitution if someone is using the constitution for their benefit then the other can keep a check on it can stop it others can check its transgra... that where he is violating the constitution so this makes a system of checks and balances system of checks and balances an intelligent system of checks and balances has facilitated the success of Indian constitution so this is a very important part balanced institutional design another important aspect of intelligent institutional design is that a constitution must strike the right balance a right balance There is a balance between authoritative provisions and flexible provisions There is a balance between rigidity and flexibility There is a balance between this and Indian Constitution Clear?
So the right balance between certain values Use norms and procedures as authoritative and at the same time allow enough flexibility Flexibility means change, the possibility of change in its operations to adapt to changing needs and circumstances We can change with time How can we do this? Through amendments Right? So there is rigidity and flexibility to some extent Both have perfect blend There is mixture If the constitution is too strict then it will break and a constitution that is too flexible if it can be easily changed then anyone can change it according to their own will there will be no security so successful constitution strike the right balance between preserving the core values what are the things of constitution which can't be changed easily and what are the things which can be changed through your amendments so that it can be done easily You will notice the wisdom of makers of Indian Constitution in the chapter 9 which is Constitution as a Living Document It is a very interesting book, trust me The Indian Constitution is described as a living document This is the most important, this is your complete answer Very important for your exams The Indian Constitution is described as a living document, explain How?
Because it is a balance of right amount By striking a balance between the possibility to change the provisions and the limits on such changes rigid or flexibility can be to have the Constitution has to ensure that it will survive as a document respected by people some make a sudden but like a little Zia Dhabi nahi right the possibility to change to her making limits we have got easy change in a he was a this arrangement also ensures that no section or group can on its own subvert the Constitution change the Constitution according to its needs the case a living document to kiss some make it time ke sath ready to change hai possibility of change hai clear perfect so constitution as a living document introduction mein daal sakte hai bhai it is the reflection of the aspirations of the society it is a written document prepared by the representatives of the society by the constituent assembly hai na the constitution was adopted on 26 November 1940 Now we will study the next topic of 1949 How was the constitution made? So 26th November 1949 was adopted and when was the implementation of the constitution? 26th January 1950 Why is the constitution called a living document? Because it is flexible It is dynamic It changes with time It can be changed according to the circumstances That is why it is a living document More than 73 years Constitution is now in a state of tension and conflict but still in harmony with time with changing circumstances Constitution is a living document this is a proof of its liveliness because whenever challenges come it faces them amendments come as and when it is required this is a living proof of the Indian Constitution Now let's move on to the most important part Now specifically we will talk about Indian Constitution How was the Indian Constitution made?
Let us find out how the constitution was made Formally the constitution was made by the Constituent Assembly Constituent Assembly made it Which had been elected for undivided India This Constituent Assembly was elected before partition That is, it is undivided India Pakistan and Bangladesh were also there Constituent assembly was elected from Undivided India When was the first sitting? On 9th December 1946 was the first sitting The first time Constituent assembly was held together And reassembled as Constituent assembly for Divided India Now after partition when for the first time Divided India Only India's representatives were there That was 14th August 1947 The first meeting of Divided India It was held on 14th August and 12th August Its members were chosen by indirect election by the members of Provincial Legislative Assemblies that had been established under the Government of India Act 1935 So how were the members of the Constituent Assembly chosen? We know that people had chosen them through indirect election How?
People Legislative Assembly MLA's were elected and MLA's elected the members of the Constituent Assembly Understood? People elected the MLA's, people chose the representatives who were sitting in the Legislative Assembly that was a temporary Provincial Legislative Assembly which was established through Government of India Act so people chose the members of Provincial Legislative Assembly and those members Constituent Assembly members were elected. The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet known as the Cabinet Mission. So the Cabinet Mission was a plan which was given by the Britishers.
through which constituent assembly was composed what was there in this plan? according to this plan each province and each princely state or group of states were allotted seats proportional to their respective population So see, in undivided India, before independence, there were British Indian provinces which were under British control And there were princely states The princely states were the regions under which the prince used to report to the Britishers So it used to come directly under the Britishers The prince had authority and autonomy here As long as he is loyal to the Britishers As long as he is accepting British supremacy or British suzerainty So this is what was said whether it is a British Indian province or not or princely state. What was done? In proportion to their population, they were elected from there. Clear?
So from where there are 10 lakh people, they will have one representative. This proportion was kept. As a result, the provinces that were under direct British rule, as I told you British Indian provinces, were to elect 292 members. There 292 members were to be elected from there.
While princely states were given a minimum of 93 seats. Clear? The seats in each province were distributed among the three main communities Now on religious basis also the division of seats took place So that everyone is represented Muslims, Sikhs and General Means Hindus In proportion to their respective population According to population further division took place of these seats Members of each community in the provincial legislative assembly Elected their own representatives by the method of proportional representation with single transferable vote. So each community means Muslims will vote for Muslim, Sikhs will vote for Sikhs, General will vote for General. Vote will be done in community only.
On what basis? PR proportional representation with single transferable vote. This is the same by which President's elections are held.
We will understand this further in detail in your book. Then we will know. There was no such method for princely states.
Now, the representative from the consultation of Meljool. So this was the cabinet mission which decided how to elect the members of the Constituent Assembly So what we read was that the Indian Constitution was framed by the members of the Constituent Assembly Which was in Undivided India before partition was elected When was the first sitting? On 9th December 1946 Remember this 9th December 1946 And again when after the partition of India meeting that was on before the day of independence 14th August 1947 okay so how the members were elected?
Indirect election was done which was done by the members of provincial legislative assemblies like MLA's so the members of the provinces legislative assembly elected them and these provisional legislative assemblies were established through Government of India Act 1935 the constituent assembly was composed roughly along the lines of the planned known as the cabinet mission plan which was given by the Britishers. Clear? Perfect.
Now let's go to the composition of the Constituent Assembly. As a consequence of partition, result of partition According to the plan of 3rd June 1947, the members who were elected from the constituencies that come under Pakistan will now be removed from the Constituent Assembly of India. They are no longer a part of India.
of the constituent assembly because now they went to the Pakistan territories so the number of members in the assembly was reduced to 299 so now only 299 members were left after the partition in the constituent assembly Assembly. The Constitution was adopted on 26 November 1949. Adopted on 26 November 26 November 1949. Remember this. You will remember from 26 November.
And when was Lagu? On 24 January 1950. Implement Lagu. So 26 November 1949 was adopted and came into force on 26 January. January 1950. Clear? Chalye 284 members were actually present on 24 January 1950 and unho ne signature diya jiski wajah se constitution finally pass ho gaya.
Clear? So 284 members were present who appended their signature, jino ne apna sign kia to finally pass the constituent to the constitution. So 284 members out of 299 Clear?
Perfect The constitution was thus framed against the backdrop of horrendous violence that the partition unleashed on the subcontinent You will read this properly in class 12th What happened during the partition, what was the result, how much violence was there Because the religious minorities i.e. Hindus and Sikhs in Pakistan and Muslims in India There was a lot of violence with them so they migrated that is Hindus and Sikhs started coming to India and Muslims started going to Pakistan so during this migration there was a lot of violence you must have seen in the movie Bhaag Milka Bhaag so when all this was happening, partition was happening in the backdrop which was a very traumatic experience but it is a tribute to the fortitude of the framers that they were not only able to draft a constitution under immense pressure but they also learnt the right lessons from the unimaginable violence that accompanied the partition. So salam to the constitution framers who under this pressure, under this situation drafted the constitution, framed it and also learned how we can avoid this situation from coming further in the future.
The constitution was committed to a new conception of citizenship where not only would minorities be secure but religion would also be secure. religious identity would have no bearing on citizenship rights means in our Indian constitution equality of religion was given there was secularism all religions are considered equal that is called secularism means any religion whether it is Muslim, Hindu, Sikh, Christian you are eligible to become a citizen of India so no religious identity could impact India's citizenship rights clear? even the minor even the Muslims were to be the Indian citizens but this account of composition of constituent assembly that drafted the Constitution touches upon only the surface of how our Constitution was made yeh jo abhi hum padh rahi keval jaise maine aapko bataya upar upar se bohot zyada hi basic aapko bataya gaya hai in detail me to abhi puri book me hum padhenge although the members of the assembly were not elected by universal suffrage yaane ki direct voting jo humari universal adult franchise it was not done according to the vote that we put but the whole effort was made to make this body a representative body so that all these sections of the society all groups of people can be represented in the constituent assembly members of all religions were given representation under the scheme of cabinet plan you saw that first the members were given based on the population in the region then whatever came out of it was divided according to religion so that all religious groups are included in addition the assembly had 28 members from the scheduled castes right so SCCB there were 28 members scheduled cast members in terms of political parties the Congress dominated the assembly so if we talk about political party then most of the members were of Congress party in constituent assembly Congress after the partition of India so Constituent Assembly 82% leaders were from the Congress Indian National Congress party the Congress itself was such a diverse party that it managed to accommodate all shades of opinion within it This time you will see that Congress system was started Where Congress was a very representative and diverse people Who had different opinions and ideologies Right?
Perfect Now let's go to the principle of deliberation Deliberation means discussion Constituent Assembly discussed every issue so that we can understand everyone's opinion So the authority of Constituent Assembly does not only come from its representativeness that it was representative but also comes from from the procedures which were adopted to frame the constitution right to make provisions and what were those methods? deliberation everyone should discuss and debate right while in any assembly that claims to be representative it is desirable that diverse section of society participate different types of people will participate and it is equally important that they participate not only as representatives of their own identity or community but also for the nation as a whole right so if they are only their own identity if any Sikh representative then they will not only think about themselves but also about their community and about whole nation and make provisions so there were often disagreements obviously different types of people so there will be conflict and disagreement like in our home there is disagreement with our parents sometimes thinking does not match thoughts do not match so what do we do? we discuss and reach a common conclusion similarly this was done in the constituent assembly so there were many actual differences there were differences in many opinions so there were differences in many opinions Should India adopt a centralized or decentralized system of government? Centralized means only the central government has all the power There is no division of powers Decentralized government means the federalism we adopted There is distribution of power between the center and the state What should be the relations between the states and the center?
What relations will be there between the center and the state government? What should be the powers of judiciary? Should the constitution protect property rights? Should property rights be safeguarded in the constitution? Almost every issue that lies at the foundation of a modern state was discussed with great sophistication.
So even though there was a discussion, debate, but it was done in a respectful manner. Only one provision of the constitution was passed without any debate. There was no opposition and everyone unanimously agreed.
that was the introduction of universal suffrage which we also call as UAF means all citizens are entitled to vote meaning that all citizens reaching a certain age like now 18 plus would be entitled to be voters irrespective of their religion, caste, education, gender or income this is the universal suffrage universal adult franchisee on which everyone agreed together without any debate in the Constitution in the Constituent Assembly so this is very important clear perfect so while the members felt no need at all to discuss the issue of who should have the right to vote every other matter was serious seriously discussed and debate. Apart from this, all the issues were discussed and discussed and got the answer. Nothing can be a better testament or better proof better truth to the democratic commitment of this assembly.
So the constitution drew its authority from the fact that members of the constituent assembly engaged in what one might call public reason. So the members of the constituent assembly were engaged in public reason. That means the members of the assembly placed great emphasis, great importance on discussion and reasoned argument according to the public mindset, according to the popular opinion.
They did not simply advance their own interest. They were not thinking about themselves. or thinking about their community but thinking about the whole society They gave principled reasons i.e. logical reasons whenever they were raising any issue The very act of giving reasons to others makes you move away from simply a narrow consideration of your own interest because you have to give reasons to others to make them go along with your viewpoint If you give reasons, people will be able to understand in a better way The voluminous debates there were long debates on Constituent Assembly what should be done, what provision should be enacted where every clause you see there are articles there are clause A, B, C, D every clause was analyzed in detail it was scrutinized opinions were taken in which it is in favor in which it is opposite there was debate on it and this is a tribute to the public reason at the best that everyone's Indian society as a whole These debates deserved to be memorialized as one of the most significant chapters in the history of constitution making, equally in importance to the French and American revolutions.
American revolutions ke doraan Constitution making me dhyan diya gaya tha similar was in India perfect ap chalte hai procedures pe this is the most important part committees and who were the leaders of the committees So the importance of public reason was emphasized in the mundane procedures of the assembly as well The Constituent Assembly had 8 major committees Constituent Assembly had 8 major committees on different subjects Usually Jawaharlal Nehru, Rajendra Prasad, Sardar Vallabhbhai Patel and B.R.Ambedkar chaired these committees So chairman of these committees was were not men who agreed with each other on many things. They were very very very opposite. So Ambedkar had been a bitter critic of the Congress and Gandhi accusing them of not doing enough for the upliftment of the lower classes, the scheduled caste.
So it shows how different they were. Ambedkar had been a critic who opposed Congress and Gandhi's ideology that they had taken up the dual caste. and did not do much for upliftment whereas patel and nehru disagreed on many issues that's why the chairmen of different committees were made separately nevertheless they all worked together there was cooperation and coordination each committee usually drafted particular provisions of the constitution which were then subjected to debate by entire assembly so each committee had its own subject on that they will make provisions first then the entire assembly will debate on it discussion karegi usually an attempt was made to reach a consensus consensus common agreement common decision with the belief that provisions agreed to by all would not be detrimental to any particular interests ki sabke welfare of society entirely sabke hit mein hongi ye provisions some provisions were subject to the vote kuch mein voting bhi hoti thi bhai but in each instance every single argument query or concern was responded with great Whenever there was an argument or issue or debate, there was a detailed discussion on it And in writing as well, all the opinions were written Very very very important, the assembly met for 166 days 166 days met, meeting took, spread over 2 years and 11 months Total 2 years and 11 months took Constitution and its sessions were open to the press as well as the public so the sessions of the constituent assembly could be attended by the media and the public perfect let's cover some basics who was the chairman of the constituent assembly there were two one was the temporary chairman Dr. Sachidananda Sinha and the permanent one was Dr. Rajendra Prasad the first president of India independent India right?
Very good. Then Pandit Jawaharlal Nehru presented an objective resolution in constitution on 13 December 1946. We will read further in the chapter. What was this resolution showing?
What was it showing? The aspirations and values behind the constitution. Dr. B.R. Ambedkar was the chairman of the drafting committee. Very important.
Who was the chairman of the committee? Dr. B.R. Ambedkar. Clear? perfect and on 26 November 1949 the Constitution of India had 395 articles and 8 schedules.
How many years took? 2 years 11 months and 18 days. 2 years 11 months and 18 days took to make the Constitution and today there are 12 schedules.
Fine 8 to 12 schedules have been increased. Inheritance of the national movement, our constitution which is provisions made by the members of the Constituent Assembly that was inspired by the Indian National Struggle which we fought for years by the Nationalist Movement to get what? to get freedom, democracy, power that was shown in our Constitution but no constitution is simply a product of assembly that produces it our constitution is not just a product of the Constituent Assembly an assembly as diverse as the Constituent Assembly of India could not have function If there was no background agreement on the main principles, the constitution should enshrine.
If it was not agreed before, then everyone would not have this feeling that yes, we want democracy, we want freedom, we want secularism so it is not that easy and these main principles which we had already thought why were they there? because were fighting the Britishers for our sovereignty for our freedom these principles were forged were shaped during the long struggle of freedom when we didn't have freedom then only we realized its value and then we thought when we will be free then we want such India in a way the Constituent Assembly was giving concrete shape and form to the principles it had inherited from the nationalist movement which at that time we decided on the face India was being implemented in the same way So these principles were inherited from the nationalist movement What is nationalist movement? The one which was our freedom struggle against the Britishers For decades, for 10 years before the promulgation of the constitution Before making the constitution The nationalist movement had debated many questions That were relevant to the making of the constitution The leaders of our freedom struggle had said this that what shape and form of government we want in India the values it should uphold, what principles we want and what are the inequalities, what are the differences, what are the evils that we have to remove in future answers shaped in those debates were given their final form in the constitution right?
perfect. Perhaps the best summary of the principles that we have learned in the last few years that the nationalist movement brought to the Constituent Assembly is the objectives resolution summary of principles summary summarized ekhatta jaisa conclude short mein bata diya hai ki kya wo principles hai jo hum apne constitution mein dalna chaate hai aur yeh kis mein likha tha objectives resolution mein the resolution that defined the aims of the Constituent Assembly goals and yeh kisne present kya tha Jawaharlal Nehru ne kab in 1940 46 very important very important okay most important this resolution encapsulated means included represented the aspirations and values behind the constitution that what is our goal what are the values which we will enshrine in the constitution the spirit of the constitution what the previous section terms as substantive provisions of the constitution is inspired by and summed up by the values incorporated in objectives resolution the substantive provisions that we have read the actual provisions, the articles written in the constitution are inspired by the objectives resolution based on this objectives resolution our constitution gave institutional expression to these fundamental commitments which are equality, liberty, democracy, sovereignty and cosmopolitan identity sovereignty means free from external control no one can rule us after coming third we have self-governance control and a cosmopolitan identity means a collective identity thus our constitution is not merely a maze of rules and procedures but a moral commitment to establish a government that will fulfill the many promises that the nationalist movement had held before the people so what is this? it is not just that any rules and provisions are made by combining them into a constitution whereas But there is a moral commitment which we said during the freedom struggle that when we get freedom we will make India like this We were implementing it during the framing of the constitution by the constituent assembly So these were our main points of objective resolution Summary of how we will make our constitution, on which principles India will be independent, sovereign, free from external control, republic, no king's rule, it will be elected government, elected leader.
India shall be a union of erstwhile British Indian territories, erstwhile means the territories that used to come under British India, Indian states and other parts outside British India and Indian states as are willing to be part of the union. Those who want to be part of India, that will be our entire Indian union. Territories forming the union shall be ought to be Autonomous units autonomous means they will have their own independence to make some decisions and exercise all powers and functions of the government and administration except those assigned to or vested in the union some union will have power which will be with those state governments right clear all powers and authority of sovereign and independent India and its constitution shall flow from the people who is the main? people democracy democracy all the people of India shall be guaranteed and secured social, economic and political justice you see the positive measures which we had read in the function that enable, constitution shall enable the government to take up positive measures so this is the same that we will make such provisions by which people will get social, economic and political justice equality of status will be given opportunity will be given equal and equality before law, there will be no discrimination Fundamental freedoms will be given of speech, expression, belief, faith, worship, vocation, association and action subject to law and public morality Fundamental rights will be given to the extent possible The minorities, backward and tribal areas, depressed and other backward classes shall be given adequate safeguards to the minorities and the backward classes and castes safeguards i.e. protection like we get reservation in future the territorial integrity of the republic and its sovereign rights on the land, sea and air shall be maintained according to justice and law of civilized nations i.e. India's territory will get protection and sovereignty i.e. no other third party or country can come and rule over us the land would make full and willing contribution to the promotion of world peace and welfare of mankind um world peace, international cooperation or welfare of mankind, welfare of the society as the whole as an international community.
And finally, if we study institutional arrangements in more depth, the third factor ensuring effectiveness of a constitution is a balanced arrangement of institutions of the government. In which we studied legislature, executive and judiciary. Right, so the basic principle is that government must be democratic and committed.
to the welfare of the people. There is a democratic government where the government is of the people, for the people, by the people. Of the people means it is made by the people, for the people means it is made for the people, for welfare and by the people means people have chosen it. Right? So the constituent assembly spent a lot of time on evolving the right balance among various institutions.
Who should have how much power? Executive, legislature and judiciary. This led to the adoption of the parliament.
parliamentary form and the federal agreement Parliamentary form of government PM, Prime Minister and President both have powers Prime Minister is the head of the government Like any political party that gets majority votes or wins elections, its head is Prime Minister So in Lok Sabha elections the head of the state right so this means parliamentary form of government and federal arrangement center or state ke beech me cooperation hoge center or state government ke beech me cooperation hoge which would distribute governmental powers government ke powers bat gayi hai kisi ek ke haath mein nahi hai prime minister ke paas nahi hai yaar fir keval president ke paas nahi hai dono ke paas hai and similarly center or state dono ke paas hai powers right so So powers have been divided between legislature and executive legislature and executive under the institution and in federalism, powers have been divided between state and central government and who will keep a check on them? judiciary will keep while evolving the most balanced governmental arrangements the makers of our constitution did not hesitate to learn from the experiments and experiences of other countries we have learned from other countries many things from the constitution and incorporated them in the constitution thus the framers of the constitution were not against borrowing from other constitutional traditions so yes there are many provisions which we have taken from foreign constitutions indeed it is a testament to their wide learning that they could lay their hands upon any intellectual argument or historical example that was necessary for fulfilling the task So they borrowed a number of provisions from different countries So we have adopted different provisions from different countries in our constitution But it doesn't mean that we have copied it But borrowing these ideas was not a slavish imitation That we have just copied and pasted them We have transformed it according to our own Far from it Every provision should be met with Indian problems and aspirations That's why we have adopted it India was extremely lucky to have have an assembly that instead of being parochial in its outlook could take the best available everywhere in world and make it their own that instead on focusing on our own small problems on our own interests we have taken learnings from constitution all over the international arena and applied them according to our own I think page number 22 is the most important page. If this chapter answers the questions in your class 11 exam, then it is certain that that mention the provisions India adopted from different constitutions of different countries. So we have to remember this whole thing.
British Constitution means what we took from UK Constitution We took FPTP system, first past the post system We will read further, this is voting system which is followed in India in elections Parliamentary form of government is now there, head of state and head of government Government is different Idea of rule of law We took from here Institution of the speaker and his role Speaker is in Lok Sabha And the law making procedure Procedural law We took that from UK United United States Constitution is taken from US Power of Judicial Review and Independence of Judiciary Independence of Judiciary means Judiciary is a third institution and it has the power of judicial review that if the constitution is violated then the judiciary can check and take the review Irish Constitution means DPSP from Ireland DPSP means goals which are government lay down. Directive principles of state policy. French Constitution principles of liberty equality and fraternity left.
Liberty equality and fraternity. Canadian Constitution quasi federal form of government where there is a federal system which has more powers than the state government and the idea of residual powers We are going to read all these in detail in the next chapters Now as I said the most important topic for question and answer is your page number 22 And next comes objective resolution And before that your functions of constitution are most important These are the three questions which are directly asked in your exam I hope you have a good time I hope you all understood this chapter and if this video helped you then please like, share and subscribe to the channel because it will help you a lot in class 12 all the content is already uploaded Thank you so much for watching You are at Humanities Happy Learning I will see you in the next video