Detailed Notes
Of
Chapter I – Constitution – Why and How?
(Including key points of NCERT)
What is Constitution?
Constitution is a set of rules and regulations according to which a
state is governed.
‘Constitution’ is a compact document that comprises a number of
articles about the state, specifying how the state.
But some countries, the United Kingdom for instance, do not
have one single document that can be called the Constitution.
Rather they have a series of documents and decisions that, taken
collectively, are referred to as the constitution.
In other words, constitution is a body of fundamental principles or
established precedents (events or actions regarded as examples)
according to which a state (country) or other organization is
acknowledged to be governed.
Constitutions also provide peaceful, democratic means to bring
about social transformation. Moreover, constitutions announce
and embody the first real exercise of political self-determination
after India got independence.
Why do we need a 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.
The second function of a constitution is to specify who has the
power to make decisions in a society. It decides how the
government will be constituted.
The third function of a constitution is to set some limits on what a
government can impose on its citizens. These limits are
fundamental in the sense that government may never trespass
them.
, The fourth function of a constitution is to enable the government
to fulfill the aspirations of a society and create conditions for a
just society.
Making of the Constitution:
Constitution of India was made by the Constituent Assembly
which had been elected for independent India.
Its first sitting was held on 9th of December, 1946 and
reassembled as Constituent Assembly for undivided India on 14 th
August, 1947.
Its members were elected indirectly by the members of the
Provincial Legislative Assemblies that had been established in
1935 under the Government of India Act.
Constituent Assembly was based on the suggestions proposed by
the committee of the British cabinet (also known as Cabinet
Mission Plan).
Features of Cabinet Mission Plan are –
a.) Each Province and each Princely State or group of States
were allotted seats proportional to their respective population
roughly in the ratio of 1:10,00,000. As a result the Provinces
(that were under direct British rule) were to elect 292 members
while the Princely States were allotted a minimum of 93
seats (Total number was 385).
b.) The seats in each Province were distributed among the three
main communities, Muslims, Sikhs and General, in proportion to
their respective populations.
c.)Members of each community in the Provisional Legislative
Assembly elected their own representatives by the method of
proportional representation with single transferable vote.
d.) The method of selection in the case of representatives of
Princely States was to be determined by consultation.
On 3 June 1947, plan of partition was ready and accordingly those
members who were elected from territories which fell under
Pakistan ceased to be members of the Constituent Assembly.
The numbers in the Assembly were reduced to 299 of which 284
were actually present on 26 November 1949 and appended their
signature to the Constitution as finally passed.
Of
Chapter I – Constitution – Why and How?
(Including key points of NCERT)
What is Constitution?
Constitution is a set of rules and regulations according to which a
state is governed.
‘Constitution’ is a compact document that comprises a number of
articles about the state, specifying how the state.
But some countries, the United Kingdom for instance, do not
have one single document that can be called the Constitution.
Rather they have a series of documents and decisions that, taken
collectively, are referred to as the constitution.
In other words, constitution is a body of fundamental principles or
established precedents (events or actions regarded as examples)
according to which a state (country) or other organization is
acknowledged to be governed.
Constitutions also provide peaceful, democratic means to bring
about social transformation. Moreover, constitutions announce
and embody the first real exercise of political self-determination
after India got independence.
Why do we need a 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.
The second function of a constitution is to specify who has the
power to make decisions in a society. It decides how the
government will be constituted.
The third function of a constitution is to set some limits on what a
government can impose on its citizens. These limits are
fundamental in the sense that government may never trespass
them.
, The fourth function of a constitution is to enable the government
to fulfill the aspirations of a society and create conditions for a
just society.
Making of the Constitution:
Constitution of India was made by the Constituent Assembly
which had been elected for independent India.
Its first sitting was held on 9th of December, 1946 and
reassembled as Constituent Assembly for undivided India on 14 th
August, 1947.
Its members were elected indirectly by the members of the
Provincial Legislative Assemblies that had been established in
1935 under the Government of India Act.
Constituent Assembly was based on the suggestions proposed by
the committee of the British cabinet (also known as Cabinet
Mission Plan).
Features of Cabinet Mission Plan are –
a.) Each Province and each Princely State or group of States
were allotted seats proportional to their respective population
roughly in the ratio of 1:10,00,000. As a result the Provinces
(that were under direct British rule) were to elect 292 members
while the Princely States were allotted a minimum of 93
seats (Total number was 385).
b.) The seats in each Province were distributed among the three
main communities, Muslims, Sikhs and General, in proportion to
their respective populations.
c.)Members of each community in the Provisional Legislative
Assembly elected their own representatives by the method of
proportional representation with single transferable vote.
d.) The method of selection in the case of representatives of
Princely States was to be determined by consultation.
On 3 June 1947, plan of partition was ready and accordingly those
members who were elected from territories which fell under
Pakistan ceased to be members of the Constituent Assembly.
The numbers in the Assembly were reduced to 299 of which 284
were actually present on 26 November 1949 and appended their
signature to the Constitution as finally passed.
