Chapter 1: Constitution: Why and How?
1. What is a Constitution?
A constitution is a written document that serves as the supreme law of a land. It defines the
framework of the government, the distribution of power, and the relationship between the
state and its citizens.
2. Why do we need a Constitution?
The constitution performs four fundamental functions that allow a society to exist and
flourish:
● Function 1: Coordination and Assurance
Societies are diverse (different religions, professions, and tastes). A constitution
provides a set of basic rules that allow for minimal coordination amongst members. It
gives people the assurance that others will follow these rules.
● Function 2: Specification of Decision-Making Powers
It decides who gets to make the laws. In a democracy, the constitution specifies that
Parliament generally has the power to enact laws, and it decides how the
government will be constituted.
● Function 3: Limitations on the Powers of Government
To prevent a government from becoming tyrannical, the constitution sets "limits that
the government can never trespass." The most common way to do this is through
Fundamental Rights.
● Function 4: Aspirations and Goals of a Society
Modern constitutions (like India’s) don't just limit power; they empower the
government to take positive steps to overcome social inequalities (e.g., the abolition
of untouchability).
3. The Authority of a Constitution
What makes a constitution effective? It isn’t just a piece of paper; its authority comes from
three factors:
1. Mode of Proclamation: Who drafted it and how much authority did they have? In
India, the Constitution was drafted by people who enjoyed immense public credibility
and had the "moral capital" of the national movement behind them.
2. Substantive Provisions: A constitution must give everyone in society a reason to go
along with its provisions. If a minority feels oppressed by the document, they have no
reason to abide by it.
3. Balanced Institutional Design: Powers must be fragmented so that no single
institution (Legislature, Executive, or Judiciary) can subvert the constitution. This is
often called a system of "Checks and Balances."
4. How was the Indian Constitution Made?
The Indian Constitution was framed by the Constituent Assembly between December 1946
and November 1949.
, ● Composition: Members were chosen by indirect election by the members of the
Provincial Legislative Assemblies.
● The Cabinet Mission Plan: This plan defined the initial structure of the Assembly.
○ Provinces and Princely States were allotted seats in proportion to their
population (roughly 1:1,000,000).
○ Seats in British provinces were divided between Muslims, Sikhs, and General.
● Post-Partition Changes: After the Partition of India (1947), the members from
territories that went to Pakistan ceased to be members. The numbers were reduced
to 299.
5. The Principle of Deliberation
The Assembly didn't just "vote"; they debated. Almost every provision was discussed with
extreme scrutiny. The only provision passed without virtually any debate was the introduction
of Universal Suffrage (the right to vote for all adult citizens).
6. Inheritance of the Nationalist Movement
The Constitution was a summary of the principles the nationalist movement had fought for.
These principles were encapsulated in the Objectives Resolution moved by Jawaharlal
Nehru in 1946. It defined India as an Independent, Sovereign, Republic.
7. Provisions Borrowed from Other Constitutions
The makers of the Indian Constitution were not afraid to borrow great ideas from around the
world, adapting them to Indian needs:
Country Provisions Borrowed
British Constitution First Past the Post (FPTP), Parliamentary form of government,
Rule of Law, Speaker of Lok Sabha.
United States Charter of Fundamental Rights, Power of Judicial Review,
Independence of Judiciary.
Irish Constitution Directive Principles of State Policy (DPSP).
French Principles of Liberty, Equality, and Fraternity.
Constitution
1. What is a Constitution?
A constitution is a written document that serves as the supreme law of a land. It defines the
framework of the government, the distribution of power, and the relationship between the
state and its citizens.
2. Why do we need a Constitution?
The constitution performs four fundamental functions that allow a society to exist and
flourish:
● Function 1: Coordination and Assurance
Societies are diverse (different religions, professions, and tastes). A constitution
provides a set of basic rules that allow for minimal coordination amongst members. It
gives people the assurance that others will follow these rules.
● Function 2: Specification of Decision-Making Powers
It decides who gets to make the laws. In a democracy, the constitution specifies that
Parliament generally has the power to enact laws, and it decides how the
government will be constituted.
● Function 3: Limitations on the Powers of Government
To prevent a government from becoming tyrannical, the constitution sets "limits that
the government can never trespass." The most common way to do this is through
Fundamental Rights.
● Function 4: Aspirations and Goals of a Society
Modern constitutions (like India’s) don't just limit power; they empower the
government to take positive steps to overcome social inequalities (e.g., the abolition
of untouchability).
3. The Authority of a Constitution
What makes a constitution effective? It isn’t just a piece of paper; its authority comes from
three factors:
1. Mode of Proclamation: Who drafted it and how much authority did they have? In
India, the Constitution was drafted by people who enjoyed immense public credibility
and had the "moral capital" of the national movement behind them.
2. Substantive Provisions: A constitution must give everyone in society a reason to go
along with its provisions. If a minority feels oppressed by the document, they have no
reason to abide by it.
3. Balanced Institutional Design: Powers must be fragmented so that no single
institution (Legislature, Executive, or Judiciary) can subvert the constitution. This is
often called a system of "Checks and Balances."
4. How was the Indian Constitution Made?
The Indian Constitution was framed by the Constituent Assembly between December 1946
and November 1949.
, ● Composition: Members were chosen by indirect election by the members of the
Provincial Legislative Assemblies.
● The Cabinet Mission Plan: This plan defined the initial structure of the Assembly.
○ Provinces and Princely States were allotted seats in proportion to their
population (roughly 1:1,000,000).
○ Seats in British provinces were divided between Muslims, Sikhs, and General.
● Post-Partition Changes: After the Partition of India (1947), the members from
territories that went to Pakistan ceased to be members. The numbers were reduced
to 299.
5. The Principle of Deliberation
The Assembly didn't just "vote"; they debated. Almost every provision was discussed with
extreme scrutiny. The only provision passed without virtually any debate was the introduction
of Universal Suffrage (the right to vote for all adult citizens).
6. Inheritance of the Nationalist Movement
The Constitution was a summary of the principles the nationalist movement had fought for.
These principles were encapsulated in the Objectives Resolution moved by Jawaharlal
Nehru in 1946. It defined India as an Independent, Sovereign, Republic.
7. Provisions Borrowed from Other Constitutions
The makers of the Indian Constitution were not afraid to borrow great ideas from around the
world, adapting them to Indian needs:
Country Provisions Borrowed
British Constitution First Past the Post (FPTP), Parliamentary form of government,
Rule of Law, Speaker of Lok Sabha.
United States Charter of Fundamental Rights, Power of Judicial Review,
Independence of Judiciary.
Irish Constitution Directive Principles of State Policy (DPSP).
French Principles of Liberty, Equality, and Fraternity.
Constitution
