Political Science 1. Our Constitution

The Constitution

Explanation: The Constitution is the set of rules and guidelines that governs and administers a state. The constitution proves to be vital in the formation of a state, without it there would be no discipline in the state and would further lead to anarchy in the state.

9^th December 1946

Explanation: After Independence of India there was a need for a constitution and for that a constituent assembly was formed. The first meeting of the assembly was held on 9^th December 1946.

Dr. B R Ambedkar

Explanation: The Constituent Assembly formed 22 committees, and one such committee was the Drafting Committee whose sole responsibility was to frame the constitution, and it was headed by Dr. Ambedkar. He is also called as the chief architect of the Indian Constitution.

Parliamentary

Explanation: Our constitution provides for a parliamentary form of government. The power to govern is vested to the elected representatives or Parliament.

republic

Explanation: a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch. Example India.

Single

Explanation: Indian Constitution makes provision for single citizenship i.e. A person has to be a citizen of India and not of any other nation. This was done to curb the narrow-minded provincialism and promote nationalism. Every citizen of India has equal rights irrespective of their creed, caste, birth place etc.

Irish

Explanation: Directive Principles of State Policy (DPSP) were borrowed from the Irish Constitution in order to establish a welfare state, in the constitution under part 4 from article 36 to 51.These act as guidelines to the state. Though they are not justiciable yet these needs to incorporated by the government while formulating the policies.

32

This is the most important Article of the constitution. According to Dr. Ambedkar Article 32 is the heart and soul of the constitution. According to the article, a citizen of India can move to the Supreme Court if any of the Fundamental Rights are violated or not guaranteed by the state or central government. Hence it is also called the protector of the Fundamental Rights.

Dr.Rajendra Prasad was the president of the constituent assembly.

The recommendation for one such committee was made by Motilal Nehru and the decision to have one was taken in the meeting of National Congress at Karachi in 1939. As per the decision a committee was formulated consisting of Indian members in 1946. The first meeting of the assembly was held on 9^th December 1946 under the chairmanship of Sachichidananda Sinha. on that day Sachichidananda Sinha was elected as temporary president but in next meeting (11 Dec 1946) of Constituent Assembly, Rajendra Prasad was elected as president of Constituent Assembly. The Constituent Assembly formed 22 committees and 05 subcommittees to examine in detail all the issues related to the country. Dr.B.R.Ambedkar was the Chairman of one of the most important committees, i.e., the Drafting Committee.

The constitution came into force on 26^th January 1950.

The Assembly took 11 months and 18 days to frame the constitution. It got approved on 26^th November 1949 and came into force on 26 January, 1950. This day (January 26) is celebrated as Republic Day.

Within this period several acts made by the British were studied, various other constitutions across the world were researched upon. The laws enacted by the British Government in 1909, 1919 and 1935, the British Parliamentary system, the American Bill of Rights, the Social Directive Policies of Ireland etc some elements of those were incorporated in Indian Constitution.

Preamble is the unique feature of our constitution. The Indian Constitution has its own preamble. It contains the fundamental policies and ideals of the constitution. It is based on the aspirations and ideals of the people of India.

The preamble is also the part of Objective Resolution put forward by Pt.Jawaharlal Nehru on 13^th December 1946. This resolution upholds the natures of India’s sovereign, democratic, republic nature. Social, economic and political justice for all people is upheld.

It contains words like:

Sovereign: India is asovereign nation, meaning it is not under the control of any other country . It takes its own decision, has its own foreign policies.

Socialist: Our country aspires to be a socially equal nation and promote the welfare of the people.

Secular: Our country does not promote any specific religion rather it’s a union of several religion. No religion has been given the status of a national religion.

Secularism means union of several religions and not inclined towards any specific religion.

India is a secular country, no religion has been given the status of a national religion. Citizens can accept any religion that their conscience dictates, practise it and propagate.

The word secular was incorporated in the preamble through the 42^nd amendment 1976. Right to freedom of religion is Fundamental right as per article 25^th to 28^th of the constitution.

The salient features of the constitution are:

1. The lengthiest constitution of the world: It is the written and lengthiest constitution. Originally, our constitution consisted of 22 chapters, 8 schedules and 395 Articles. Later, after many amendments, it has become a lengthy constitution with 25 chapters, 12 schedules and more than 400 articles.

2. Partly Flexible and Partly Rigid: some parts of Our constitution could be amended by the legislature with simple majority it is the feature of the flexible constitution, But there is a process of an amendment that requires a motion to be passed by both the houses of parliament with special majority hence rigid.

3. Parliamentary form of the government: There is a parliament that consists of the two houses upper(Rajyasabha) and lower house(Loksabha). The lower house consists of the elected members by the people of India and the members of Rajyasabha are indirectly elected. The sovereign power of the nation is vested in the elected Parliament.

4. Republican System: The president is indirectly elected and not directly elected by the people. In India, the President is the Constitutional Head of State.

5. Federal system: The administration is shared between Centre and state. There is a central list which has some subjects and centre has sole authority over those subjects to make laws, similarly state list has subjects under the state’s jurisdiction, and a concurrent list with subjects under both centre and state’s jurisdiction. This division of shared power is called Federalism.

6. Fundamental rights: There are 6 fundamental Rights in our constitution which are fundamental in nature meaning no law under Central and state government can deny any citizen these rights. A citizen can move to the Supreme Court if these rights are not granted or violated.

7. Fundamental Duties: These are duties that are the responsibilities of the citizens. Example: to respect the national flags, symbol etc. to protect the integrity of the country. To protect the environment. To safeguard the public property.

8. Directive Principle and state policy: They are the basis for the establishment of social and economic equality. They are the basic principles required for the administration of the country, under the 4^th schedule of our constitution taken from the Irish Constitution.

9. Independent and centralized judiciary: The courts have the authority to give bold judgments in order to protect the rights of people, hence independent. The Supreme Court, High Court and civil courts function in an integrated manner and are headed by the Supreme Court hence Centralized.

10. Single Citizenship: Th constitution promotes for single citizenship i.e. a person can have a citizenship of only India and of any other country.

11. Adult Franchise: The citizens above the 18 years of age can cast a vote.

12. Bicameral legislature: The central Legislature is called Parliament. The Parliament consists of two Houses – the Lower House (Lok Sabha) and the Upper House (Rajya Sabha).

13. Party System: There is a multi-party system in India. Different parties contest elections, which party wins maximum seat forms government in the state.

The Fundamental Rights are:

1. Right to equality: this right is very important for democracy, these rights under article 14 to 18 ensure all citizens are treated equally before the law. Nobody should be discriminated on the basis of caste, religion, gender or place of birth. Nobody should be restricted to access any public place. Under this Untouchability is an offence.

2. Right to freedom: This right gives a person the right to have an opinion and to express oneself. Under this right one can organize meetings, association, live anywhere in the country, practice any profession.

3. Right against exploitation: it is given under article 23 and 24 of Indian Constitution. This right protects the vulnerable sections including women, children, the poor and the weak from exploitation. Employment of children under 14 years of age in mining, industries and other dangerous occupations is punishable under law.

4. Right to freedom of religion: India is a secular country where no specific religion is treated as the national religion. Citizens can accept any religion that their conscience dictates, practise it and propagate .

5. Cultural and Educational Rights: under this right every citizen has the right to protect and his cultural heritage in the form of scripts, language etc. It is the duty of the state to protect them.

6. Right to constitutional remedy: This is the most important Article of the constitution. According to Dr. Ambedkar Article 32 is the heart and soul of the constitution. According to the article, a citizen of India can move to the Supreme Court if any of the Fundamental Rights are violated or not guaranteed by the state or central government. Hence it is also called the protector of the Fundamental Rights.

The Fundamental Duties enshrined in our constitution are :

1. To respect the Constitution, National Flag and National Anthem.

2. To follow the noble ideals that inspired our National Struggle for Freedom.

3. To protect the integrity of India.

4. To defend the motherland when called upon to do so.

5. To promote the spirit of common brotherhood amongst all the people of India and disown those rituals that go against the dignity of women.

6. TO PRESERVE OUR RICH HERITAGE.

7. To protect and develop environment including forests, lakes, rivers and wildlife. And show compassion to animals.

8. To develop the scientific temper and the spirit of enquiry.

9. To safeguard public property and to abstain from violence.

10. To strive towards excellence in all spheres of individual and collective activities.

11. Parents or the guardians should provide an opportunity for education to their children from the age of 6 to 14 years.

These duties are the responsibilities of the citizens but are non-justiciable meaning there is no protection from a court of law.

Directive Principle of State Policy was adopted in order to establish a welfare state. Though these policies are not justiciable or fundamental in nature yet these needs to be included in the policies of the government. Through these, the government intends to provide economic, social and political justice to its citizens. Any individual or party that comes to power has to rule keeping these principles as guides.

These principles are:

1. To provide adequate means of livelihood to all citizens.

2. To prevent the community wealth and resources from becoming the private property of a few people.

3. To provide equal pay for equal work to both men and women and to protect labour welfare.

4. To provide public assistance to those who are old, sick and weak or helpless.

5. To implement a Uniform Civil Code throughout the country.

6. To provide opportunities for the development of health and preschool education to all children below 6 years.

7. To protect historical monuments and maintain places of historical interest.

8. To separate the Executive from the Judiciary.

9. To protect international peace and to respect international law.

10. To establish Gram Panchayats.

11. To encourage rural and cottage industries.

12. To organise and develop agriculture and animal husbandry on modern lines.

13. To ensure the prohibition of liquor.

14. To ensure the development of farming based on scientific methods.

1. Some other members of the assembly were: Fundamental Rights Sub-Committee – J.B. Kripalani

2. Minorities Sub-Committee – Harendra Coomar Mookerjee,

3. North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bardoloi

4. Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A V Thakkar

The Fundamental Rights that we enjoy are:

1. Right to equality: this right is very important for democracy, these rights under article 14 to 18 ensure all citizens are treated equally before the law. Nobody should be discriminated on the basis of caste, religion, gender or place of birth. Nobody should be restricted to access any public place . Under this Untouchability is an offence.

2. Right to freedom: This right gives a person the right to have an opinion and to express oneself. Under this right one can organize meetings, association, live anywhere in the country, practice any profession.

3. Right against exploitation: This right protects the vulnerable sections including women, children , the poor and the weak from exploitation. The practices like begging, sati, forced labour etc have been prohibited and are a punishable offence. Employment of children under 14 years of age in mining, industries and other dangerous occupations is punishable under law.

4. Right to freedom of religion: India is a secular country where no specific religion is treated as the national religion. Citizens can accept any religion that their conscience dictates, practise it and propagate .

5. Cultural and Educational Rights: under this right every citizen has the right to protect and his cultural heritage in the form of scripts, language etc. It is the duty of the state to protect them.

6. Right to constitutional remedy: This is the most important Article of the constitution. According to Dr. Ambedkar Article 32 is the heart and soul of the constitution. According to the article, a citizen of India can move to the Supreme Court if any of the Fundamental Rights are violated or not guaranteed by the state or central government. Hence it is also called the protector of the Fundamental Rights.

The Fundamental duties enshrined in our constitution are:

12. To respect the Constitution, National Flag and National Anthem.

13. To follow the noble ideals that inspired our National Struggle for Freedom.

14. To protect the integrity of India.

15. To defend the motherland when called upon to do so.

16. To promote the spirit of common brotherhood amongst all the people of India and disown those rituals that go against the dignity of women.

17. TO PRESERVE OUR RICH HERITAGE.

18. To protect and develop environment including forests, lakes, rivers and wildlife. And show compassion to animals.

19. To develop the scientific temper and the spirit of enquiry.

20. To safeguard public property and to abstain from violence.

21. To strive towards excellence in all spheres of individual and collective activities.

22. Parents or the guardians should provide an opportunity for education to their children from the age of 6 to 14 years.

A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This supersedes the right of citizens to be governed under different personal laws based on their religion or caste or tribe.

The factors that act as a hurdle are:

1.Diversity: India being the land of diversity, so people composition has to be considered before formulating any policy.

2. Ideological differences: The ideology differs from each section. The laws or rules that would define lets say Hindu might not go along Muslim Ideology

3.The Existing religious laws: There are already some sections or religion who have there own religious laws, and having a uniform law is as such not acceptable to them.

The Indian constitution is considered to be the most sought after constitution in the world. It is the lengthiest hand written constitution. The makers of the constitution have gone through the constitution of other countries and adopted the best of their feature, and hence devised the Indian constitution.

The features of our constitution like the Fundamental Rights is the Magna Carta of our constitution and is more elaborative than the US and Germany, from where this concept of Fundamental rights is taken.

The fundamental rights are the basic rights which can be enforced in a court of law like Freedom of Speech and Expression, Right to live with human dignity, Right to Equality, Right to Freedom of Religion etc are enshrined in Part three of the constitution. The six Fundamental Rights are called the six lamps of light; they are the beacon which constitution provides against any abuse of power by the government or government agency. None of the citizens could be deprived of these rights, they can move to the Supreme Court against any state or organisation if these rights are not granted to them. The six fundamental rights are:

1. Right to equality.

2. Right to freedom

3. Right against exploitation

4. Right to freedom of religion

5. Cultural and Educational rights

6. Right to constitutional remedies

In India people are quite aware of their Fundamental Rights. Along with Fundamental Rights it is important that the people also perform their Fundamental Duties. The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976.

Gandhiji uses to say that the Rights and Duties are interlinked and both are equally important. It is something we do for the nation and something the nation does for us.

The concept of Fundamental duties has been taken from the Soviet constitution. There are 10 fundamental duties including abide by the constitution, uphold and protect the sovereignty and dignity of the nation, defend the country, value and preserve rich heritage, develop the scientific temper, to provide opportunities to children for education etc.