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Class 11 Polity Chapter 1: Constitution – Why and How? Notes

A constitution is the foundation of a country’s political and legal system. This chapter explores why a constitution is necessary, how it is framed, and its role in shaping governance. It discusses the Indian Constitution’s drafting process, the role of the Constituent Assembly, and how constitutions evolve over time to meet changing needs.



Introduction

  • A Constitution is a set of fundamental rules that determine how a country is governed.
  • It defines the structure, powers, and functions of government.
  • This chapter explores why countries need a Constitution and how India’s Constitution was created.


Why Do We Need a Constitution?


Meaning of a Constitution

A Constitution is a legal framework that outlines:

  • Structure of government (e.g., democracy, monarchy).
  • Rights and duties of citizens.
  • Powers of different institutions (Legislature, Executive, Judiciary).
  • Laws and principles guiding governance.

Importance of a Constitution
Reason Explanation
Establishes Government Structure Defines powers of the Legislature, Executive, and Judiciary.
Protects Fundamental Rights Ensures equality, liberty, and justice for citizens.
Ensures Rule of Law Prevents arbitrary rule; laws apply equally to all.
Provides Stability Creates a framework for governance and peaceful transition of power.
Represents People’s Aspirations Reflects national goals, values, and identity.

Example: The Role of a Constitution in Crisis
  • South Africa (1994): After apartheid, a new Constitution ensured equality for all races.
  • Iraq (2003): After the fall of Saddam Hussein, Iraq needed a new Constitution to rebuild governance.


The Making of the Indian Constitution


Historical Background
  • Before 1947, India was under British rule.
  • Various acts (e.g., Government of India Act 1935) provided partial self-rule.
  • After Independence (15 August 1947), India needed its own Constitution.

Formation of the Constituent Assembly
  • The Constituent Assembly was formed in December 1946.
  • It had 299 members representing different regions, religions, and communities.
  • Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.

Date Event
9 December 1946 First meeting of the Constituent Assembly
26 November 1949 Constitution was adopted
26 January 1950 Constitution came into force (Republic Day)

How the Constitution Was Drafted?
  • The drafting process took almost 3 years (1946-1949).
  • Debates and discussions were held on key issues (e.g., Fundamental Rights, Federalism).
  • Sources of inspiration:
    • British Parliamentary System (Parliamentary Democracy).
    • USA Constitution (Fundamental Rights & Judicial Review).
    • Government of India Act 1935 (Federal Structure).


Key Features of the Indian Constitution


Length and Detail
  • The Indian Constitution is the longest written Constitution in the world.
  • It has 470 Articles, 25 Parts, and 12 Schedules.

Blend of Rigidity and Flexibility
  • Some parts can be easily amended, while others require special procedures.

Federalism with a Strong Centre
  • Power is divided between Central and State Governments.
  • Union List (Central), State List, and Concurrent List (both) define legislative powers.

Fundamental Rights and Duties
  • Right to Equality
  • Right to Freedom
  • Right Against Exploitation
  • Right to Freedom of Religion
  • Cultural and Educational Rights
  • Right to Constitutional Remedies



Constitutional Amendments and Changes


Why Are Amendments Necessary?
  • A Constitution must evolve to meet changing social, economic, and political needs.
  • Example:
    • 73rd and 74th Amendments (1992) – Strengthened local governments (Panchayati Raj & Municipalities).
    • Right to Education (2002) – Made education a Fundamental Right.

The Amendment Process
Type of Amendment Process Example
Simple Majority Passed by a simple majority in Parliament. Creation of new states.
Special Majority Requires two-thirds majority in both Houses of Parliament. Fundamental Rights changes.
Special Majority + State Approval Requires approval of half the states along with Parliament. Federal structure changes.


Constitutionalism: Respect for the Constitution


What is Constitutionalism?
  • Constitutionalism means government power must be limited and accountable.
  • Even elected leaders must follow constitutional rules.

The Importance of Constitutionalism
  • Prevents dictatorship and abuse of power.
  • Ensures protection of minorities and weaker sections.


Conclusion


Why Do We Need a Constitution?
  • Defines government structure and powers.
  • Protects citizens’ rights and freedoms.
  • Ensures the rule of law and democracy.

Making of the Indian Constitution
  • Constituent Assembly (1946-1949) drafted the Constitution.
  • B.R. Ambedkar was the chief architect.
  • Borrowed good features from various countries

Key Features of the Indian Constitution
  • Longest written Constitution in the world.
  • Blend of rigidity and flexibility.
  • Federalism with a strong central government.
  • Guarantees Fundamental Rights and Duties.

Constitution as a Living Document
  • Amendments allow changes as per needs.
  • Ensures stability and adaptability.

Constitutionalism
  • Government power must be accountable and limited.
  • Prevents dictatorship and protects democracy.


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