Constitution: Why and How? Class 11 Polity Notes

Constitution: Why and How? Class 11 Notes: Constitution: Why and How? Class 11 Notes will help students understand what a constitution is, how it was made, its importance and why we should know what is written in the constitution. A constitution is a body of fundamental principles according to which a state is constituted or governed. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It was drafted by the Drafting Committee which was headed by Dr. B.R. Ambedkar.

In this article, we have talked about the Constitution, its functions, its authority, how the Indian Constitution was made and its borrowed features from other countries’ constitutions.

Constitution: Why and How? Class 11 Polity Notes

Constitution: Why and How? Class 11 Notes

A constitution is a body of fundamental principles according to which a state is constituted or governed. It provides a set of basic rules that allow for minimal coordination amongst members of a society that are legally enforceable. A constitution must strike the right balance between certain values, norms and procedures and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It was drafted by the Drafting Committee which was headed by Dr. B.R. Ambedkar.

Indian Constitution

Given below in the table is an overview of the Indian Constitution:

Jurisdiction	India
Ratified	26 November 1949
Date Effective on	26 January 1950
System	Federal Parliamentary Constitutional Republic
Branches	Executive, Legislature, Judiciary
Head of state	President
Chambers	Rajya Sabha and Lok Sabha
Executive	Prime Minister of India– led cabinet responsible to the Lower house of the Parliament
Judiciary	Supreme Court, High Court and District Courts
Federalism	Federal
Electoral College	Yes, for Presidential and Vice-Presidential elections
Signatories	284 members of the Constituent Assembly
Supersedes	Government of India Act 1935 Indian Independence Act 1947

Why Do We Need Constitution?

Constitution is needed for the following purposes:

Constitution Allows Coordination and Assurance

Imagine yourself as a member of a diverse group comprising people with various religious beliefs, professions, abilities, and socioeconomic backgrounds. In such a group, disputes over different aspects of life are inevitable, ranging from property ownership to education policies to resource allocation. Despite this diversity, the members of the group need to coexist peacefully and depend on each other in many ways.

To enable peaceful coexistence within the group, it becomes essential to establish basic rules that are publicly known and enforceable. Without such rules, individuals would feel insecure and uncertain about their rights and obligations within the group. Therefore, a constitution plays a crucial role in providing a framework of basic rules that facilitate coordination and cooperation among group members. These rules must not only be known but also enforceable, ensuring that members have confidence that others will abide by them. The enforceability of rules through legal means reassures individuals that there are consequences for violating them, thereby promoting adherence to the established norms.

In summary, the primary function of a constitution is to establish a set of basic rules that allow for minimal coordination and peaceful coexistence among the diverse members of a society or group.

Specification of Decision Making Powers

A constitution serves as a framework of fundamental principles that govern how a state is structured and operated. However, determining what these fundamental rules should be and who has the authority to decide them raises important questions. Essentially, the first question revolves around who gets to decide what laws should govern society. Different individuals or groups may have conflicting preferences regarding the rules that should be in place.

In addressing this question, the constitution specifies the basic allocation of power within society, determining who has the authority to make decisions regarding laws and policies. In democratic constitutions, this authority typically rests with the people. However, the process of decision-making is not always straightforward. It raises additional questions such as whether decisions should be made through direct voting, by elected representatives, or through other means.

For example, in the Indian Constitution, Parliament is designated as the authority responsible for enacting laws and policies, with specific provisions outlining its organization and functioning. Therefore, before determining what the law is in any given society, it is essential to identify the entity or entities that have the authority to enact laws. This underscores the role of the constitution in establishing the authority that forms the basis of government.

In summary, the constitution serves the crucial functions of determining who has the power to make decisions within society and specifying how the government will be structured and constituted.

Limitations on Powers of Government

Beyond determining who has the authority to make decisions, a constitution must also establish limits on the actions that government can take against its citizens. This is crucial because even if a government is duly authorized to enact laws, there could still be instances where these laws are perceived as unjust or unfair by certain individuals or groups within society. Therefore, the third function of a constitution is to define boundaries that government cannot cross.

Constitutions achieve this by setting forth certain fundamental rights that are inherent to all citizens and which no government can violate. These rights serve as essential limitations on governmental power. Typically, these rights include protections against arbitrary arrest and detention, as well as guarantees of basic liberties such as freedom of speech, conscience, association, and trade.

However, it’s important to note that these rights may be subject to limitations, especially during times of national emergency. The constitution typically outlines the circumstances under which these rights may be temporarily suspended or restricted. Overall, the establishment of such fundamental rights ensures that government actions are constrained within specified boundaries, safeguarding the rights and freedoms of citizens.

Aspirations and Goals of Society

While traditional constitutions primarily focused on allocating decision-making power and limiting government authority, many twentieth-century constitutions, including the Indian Constitution, adopted a more proactive approach. These newer constitutions aim to provide a framework for the government to actively pursue positive goals and aspirations of society. This shift is particularly evident in societies with deep-rooted inequalities, where governments must not only be restrained but also empowered to address these inequalities effectively.

For instance, in India, where eliminating caste discrimination is a societal aspiration, the constitution empowers the government to take necessary steps towards achieving this goal. Similarly, in countries like South Africa, where racial discrimination was prevalent, the constitution enables the government to combat such discrimination. Moreover, constitutions may also reflect society’s aspirations by ensuring certain fundamental rights and enabling the government to implement positive welfare measures, such as ensuring minimum material well-being and education for all citizens.

These enabling provisions are supported by the Preamble and are often found in the sections on Fundamental Rights and Directive Principles of State Policy in the Indian Constitution. Therefore, the fourth function of a constitution is to empower the government to fulfill the aspirations of society and create conditions for a just and equitable society.

Fundamental Identity of People

Ultimately, a constitution serves to express the fundamental identity of a people. By agreeing to a set of norms and principles outlined in the constitution, individuals collectively form their basic political identity. These constitutional norms provide the overarching framework within which individual aspirations, goals, and freedoms are pursued, while also setting authoritative constraints on permissible actions, thereby contributing to one’s moral identity.

While constitutions worldwide vary in their forms of government and procedural details, they often share common features such as democratic governance and the protection of basic rights. However, they diverge in their embodiments of national identity. Each nation amalgamates a complex set of historical traditions and diverse groups, weaving them together in unique ways. For example, some nations, like Germany, base their identity on ethnic criteria, as reflected in their constitution. In contrast, the Indian Constitution does not prioritize ethnic identity for citizenship, illustrating a different conception of national identity.

Overall, the relationship between different regions of a nation and its central government, as delineated in the constitution, plays a pivotal role in shaping the national identity of a country.

The Authority of the Constitution

A constitution typically consists of a set of articles specifying how a state is constituted and the norms it should follow. While most countries have a single document referred to as the Constitution, some, like the United Kingdom, have a series of documents and decisions collectively constituting their constitution. However, the effectiveness of a constitution depends on various factors.

1. Mode of promulgation: A constitution’s effectiveness is influenced by how it is created. Constitutions crafted by popular and credible leaders after periods of national movements, like India’s, tend to be more successful. Popular support and legitimacy are crucial for the success of a constitution.
2. Substantive provisions: A successful constitution provides reasons for all members of society to abide by its provisions. It must ensure freedom and equality for all, as a constitution that privileges certain groups over others risks losing legitimacy.
3. Balanced institutional design: Constitutions must intelligently distribute power among various institutions to prevent any single group from subverting it. For example, the Indian Constitution horizontally fragments power among the Legislature, Executive, Judiciary, and independent statutory bodies, ensuring checks and balances.
4. Procedures: The manner in which a constitution is framed also impacts its effectiveness. The Constituent Assembly of India engaged in extensive deliberation, emphasizing public reason and reasoned argumentation. Procedural fairness and inclusivity are crucial for the legitimacy of a constitution.
5. Inheritance of nationalist movement: The principles enshrined in a constitution are often inherited from the nationalist movements preceding its drafting. The Objectives Resolution, moved by Nehru in 1946, encapsulated the aspirations and values behind the Indian Constitution, emphasizing equality, liberty, democracy, sovereignty, and a cosmopolitan identity.
6. Institutional arrangements: Effective constitutions have balanced arrangements of governmental institutions, often borrowing ideas from other constitutional traditions while adapting them to local contexts. The Indian Constitution adopted a parliamentary form and federal arrangement, distributing powers between different levels of government.

In summary, the effectiveness of a constitution depends on its mode of promulgation, substantive provisions, balanced institutional design, fair procedures, inheritance of nationalist movements’ principles, and appropriate institutional arrangements.

Borrowed Features of the Constitution

The Indian Constitution draws inspiration from constitutions of several other countries such as:

Constitution	Feature Borrowed
1. British Constitution	Nominal Head – President (like Queen) Cabinet System of Ministers Post of PM Parliamentary Type of Govt. Bicameral Parliament wherein the Lower House is more powerful and the Council of Ministers are responsible to the Lower House.
2. U.S. Constitution	Nominal Head – President (like Queen) Cabinet System of Ministers Post of PMParliamentary Type of Govt. Bicameral Parliament where in the Lower House is more powerful. The Council of Ministers are responsible to the Lower House Speaker in Lok Sabha.
3. USSR Constitution	Fundamental Duties Five Year Plan
4. Australian Constitution	Concurrent List Language of the Preamble Provision regarding trade, commerce and intercourse
5. Japan Constitution	Law on which the Supreme Court functions
6. Weimar Constitution of Germany	Suspension of Fundamental Rights during the emergency.
7. Canada Constitution	Scheme of federation with a strong centre Distribution of powers between the centre and the states and placing. Residuary Powers with the centre
8. Ireland Constitution	Concept of Directive Principles of States Policy (Ireland borrowed it from SPAIN) Method of election of President Nomination of members in the Rajya Sabha by the President
9. South Africa Constitution	The procedure of Constitutional Amendement

Conclusion

The Constitution is a moral commitment to establish a government that fulfils the many promises that the nationalist movement held before the people. The makers of the constitution presented to the nation a document that enshrined fundamental values and highest aspirations shared by the people. This is one of the main reasons why the Indian Constitution has survived till date.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It was drafted by the Drafting Committee which was headed by Dr. B.R. Ambedkar. Thus we see how the constitution is a body of fundamental principles according to which a state is constituted or governed. It provides a set of basic rules that allow for minimal coordination amongst members of a society that are legally enforceable.

People Also Read

• Constitution of India

• Salient Features of Indian Constitution

• Parts of the Indian Constitution

• Basic Structure Doctrine of Indian Constitution

• Separation of Powers in the Indian Constitution: Executive, Legislature and Judiciary

• Importance of Preamble of Indian Constitution

• Amendment in Indian Constitution: Procedure, Types, Importance

FAQs on Constitution: Why and How? Class 11 Notes

What is a Constitution?

A constitution is a body of fundamental principles according to which a state is constituted or governed. It provides a set of basic rules that allow for minimal coordination amongst members of a society that are legally enforceable.

When was the Indian Constitution made?

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950.

Who drafted the Indian Constitution?

The Drafting Committee drafted the Constitution of India. The constituent assembly had set it up under the chairmanship of Dr Bhimrao Ambedkar.

What are the functions of a Constitution?

The functions of a Constitution are:

• Constitution allows coordination and assurance- The Constitution provides a set of basic rules that allow for minimal coordination amongst members of a society.

• Specification of decision making powers- A constitution specifies who has the powers to make decisions in a society. It decides how the government will be constituted.

• Limitations on the powers of government- A constitution sets some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.

• Aspirations and goals of a society- Enables the government to fulfil the aspirations of a society and create conditions for a just society.

• Fundamental identity of people- By providing a set of norms and principles, it gives people a political identity. It also provides people with a moral identity by setting authoritative constraints within which one individual pursues their aspirations, goals and freedoms.

What is India called in the Constitution?

As per Article 1 of the Constitution “India, that is Bharat, shall be a Union of States.” India’s Constitution recognises both ‘India’ and ‘Bharat’ as the official name of the country.