Constitution: Why and How?

2 marks
1. Why Preamble is referred as a preface of the constitution?
The term preamble refers to the introduction or preface of the constitution, as it declares the
aims and objectives of the Constitution and expresses its "soul and spirit". It reflects the
aspirations of the framers of the Constitution and embodies the hopes of the people for building
a new India which would guarantee justice, liberty and equality among its citiens.
2. Briefly eplain the role of a constitution.
The Constitution plays an important role in the governance of a nation.
It generates trust and coordination
!pecifies and limits powers of government
"xpresses aspirations of the people
#etermines relationship between people and government
!. What is a Constitution?
Constitution is a supreme law, which establishes the relationship between the people and the
government. It consists of set of rules that establishes the duties, power and functions of the
various institutions of the government.
". How the power is di#ided amon$ different institutions of the $o#ernment?
The division of power among the different institutions of the government is based on the
principle of separation of powers. It is the doctrine that each branch of government is separate
and has unique powers that the other branches of government may not interfere with. $n
attempt was being made by the framers of Indian Constitution to ensure independence of
executive, legislature and judiciary. !ubsequently, each institution was assigned a specific tas%,
e.g., legislature formulates laws, executive implements and judiciary interprets.
% marks
&. Write a note on an eminent personality' who was not a member of the Constituent
(ssembly yet his ideas were incorporated in the Constituent (ssembly.
&ahatma 'andhi was not a member of the Constituent $ssembly, yet his ideas were
incorporated in the Constitution.
In the words of &ahatma 'andhi, () I shall wor% for an India in which the poorest shall feel that it
is their country in whose ma%ing they have an effective voice* an India in which there shall be
no high class and low class of people* an India in which all communities shall live in perfect
harmony+++++))
The idea of a constituent assembly was first conceived by &ahatma 'andhi in ,-... In his
words, () !waraj will not be a free gift of the /ritish parliament, it will be a declaration of India)s
full self+expression+++++))).
$ Constitution was drafted in ,-.0 by &otilal 1ehru, along with other Congress members.
2esolution of the ,-3, 4arachi session of Indian 1ational Congress was a landmar%.
The outline was provided by the Cabinet &ission 5lan, ,-67.
$long with the framing of the Constitution, the Constituent $ssembly had to decide the
nature of the state)s structure.
There was no disagreement regarding the goals to be achieved, I.e. social justice, unity,
integrity and democracy. The conflict arose on the question of priority to be given to each goal.
Constituent $ssembly was set up in ,-67, with a purpose to frame the Constitution of India.
The first session was held on #ec -, ,-67. #r. 2ajendra 5rasad was elected as president. 5t.
8awaharlal 1ehru introduced 9bjective resolution which was passed on 8an .., ,-6: and forms
part of the preamble to the constitution of India .The draft of the constitution was passed by
assembly on 1ov .7, ,-6-. It became effective from 8an .7, ,-;<.
%. )Constituent (ssembly was not lar$ely a representati#e body*. Comment
In 8uly ,-67, the elections of the Constituent $ssembly did not ta%e place on the basis of the
universal adult franchise. &ost of these members =-3> were nominated by the rulers in the
princely states besides men of eminence from different fields especially those who had
contributed significantly to the Indian 1ational &ovement. The members were indirectly elected
by a system of proportional representation from the provincial legislatures which themselves
had been constituted on the basis of a restricted franchise+ about .; per cent of the adult
population. ?ence the method of election was not perfectly democratic and it is not to deny that
the Constituent $ssembly was not largely a representative body. 2egarding the composition of
the Constituent $ssembly, 'ranville $ustin pointed out that the Constituent $ssembly was the
Congress and the Indian 1ational Congress was India.
+. Write a note on ob,ecti#e resolution.
5t. 8awaharlal 1ehru introduced 9bjective 2esolution in the Constituent $ssembly on #ec ,3,
,-67 which was subsequently passed on 8an .., ,-6: and forms a part of the 5reamble to the
Constitution of India.
-ain points of the .b,ecti#es /esolution:
India is an independent, sovereign, republic
India shall be a @nion of erstwhile /ritish Indian territories, Indian !tates, and other parts
outside /ritish India and Indian !tates as are willing to be a part of the @nion
Territories forming the @nion shall be autonomous units and exercise all powers and
functions of the 'overnment and administration, except those assigned to or vested in
the @nion
$ll powers and authorities of sovereign and independent India and its constitution shall flow
from the people
$ll people of India shall be guaranteed and secured social, economic and political justice*
equality of status, opportunities and equality before law* and Aundamental right to freedom + of
speech, expression, belief, faith, worship, vocation, association and action + subject to law and
public morality
The minorities, bac%ward and tribal areas, depressed and other bac%ward classes shall be
provided adequate safeguards
The territorial integrity of the 2epublic and its sovereign rights on land, sea and air shall be
maintained according to justice and law of civilied nations
The land would ma%e full and willing contribution to the promotion of world peace and
welfare of man%ind.
0. What are the #arious sources of 1ndian constitution?
The framers of the Indian Constitution, after lots of deliberations had framed the Constitution.
The features of the Indian Constitution were adopted from different nations, but it is important to
ta%e account of the fact that all the features mended and molded as per the Indian requirement.
The rule of law, single citienship and the model of parliamentary democracy has been
adopted from the /ritain.
Independence and supremacy of judiciary, fundamental rights are based on the @.!.$
Constitution.
The Irish Constitution showed the way for #irective 5rinciples, method of 5residential
elections, and nomination of members of 2ajya !abha by the 5resident.
The idea of a federation with strong centre, and placing residuary powers with the centre
were ta%en from the Canadian Constitution.
The idea of Concurrent list was ta%en from the $ustralian Constitution and the Arench
Constitution inspired the principles of liberty, equality and fraternity.
The 'overnment of India $ct of ,-3; had a great influence on the Indian Constitution. The
federal scheme, power of federal judiciary, office of governor was drawn from this act. This act
is said to be the basis of the Indian Constitution.
2uestions
Bhat were the main objectives of Indian 1ational &ovementC ?ow do they influence the
Indian ConstitutionC
?ow does a constitution merge diversitiesC
?ow does a constitution divide powersC
?ow does Indian Constitution fulfils the aspirations and needs of peopleC
Bhat happens if people find that a constitution is unjustC
Bhat would have happened if the Constituent $ssembly was elected by all the people of
IndiaC Could it be different from what it is todayC
Bere the people who enacted the Constitution of India credibleC
Bas the group ma%ing the Constitution so intelligently organised so as not to subvert itC
Bas the constitution based on the locus of people)s aspirations and needsC
#escribe the nature of the Constituent $ssemblyC
Bhat are the features of the 5reamble of the Indian ConstitutionC
3lossary
Constitution 4 It is a collection of basic rules providing the framewor% for the governance of
the country.
Constituent (ssembly 4 It is a body of elected representatives who frame the constitution
of a country.
5he constitution is re6uired because of the followin$ reasons 4
It develops a mutual trust and coordination which is necessary for different %inds of people to
live harmoniously.
It highlights the structure of govts., their composition and division of powers specifically.
It clearly specifies the limits on the powers of the govt.
It clearly specifies the rights of people guaranteed.
It expresses the aspirations of people in creation of a just society.
Constitution allows coordination and assurance
Countries li%e India have diverse groups D ways of living.
There is diversity of faith, profession, ability, equality, property.
5eople adopt different professions.
!ome are rich and poor.
Inspite of these diversities, the group has to live together.
It is dependent upon each other and the needs the cooperation of each other.
7olution + The problem of diversity can be solved only if these people live on the basis of some
rationally agreed basic rules. The basic rules would clarify the rights and claims of individuals so
that there are no conflicts. These basic rules are publicly promulgated to achieve a minimal
degree of coordination. These rules are enforceable. It gives an assurance to everyone to follow
those rules. Thus, the constitution provides a basic set of rules to provide minimum coordination
and assurance amongst members of a society.