Meaning and need of a Constitution
Without rules a game would end in daily quarrels, so every game has rules. To run a country too we need a book of rules.
A Constitution is the book in which all rules about running a country are written together in order. So it is a written document of the provisions about administration.
Key idea 1 : Rules exist everywhere — The family has norms of behaviour, a school has rules of admission, uniform and studies, competitions have rules, and a village or city is run by rules. The rules for running a country are much wider. The government of a country is elected by the people and must work as per the provisions of the Constitution.
Key idea 2 : The Constitution is the supreme law — The rules in the Constitution are the fundamental law of the land. While making laws the government must follow the Constitution; if it does not, the judiciary can declare the law null and void or unconstitutional. The Constitution has provisions on citizenship, citizens’ rights, relation between citizens and the State, elections and restrictions on government.
Key idea 3 : Need of a Constitution — The government must work within a set of rules, which reduces misuse of power. Citizens’ rights and freedoms are in the Constitution, so the government cannot take them away. The rule of law is established and there is no scope for high-handed administration. People’s trust in government increases and democracy is strengthened. The Constitution places some political ideals before the nation and also lists citizens’ duties.
- Easy : What is common between game rules and the Constitution? — Everyone must follow the rules in both.
- Medium : What if a law goes against the Constitution? — The court can declare it void.
- Exam-type : Benefit of rights being in the Constitution? — Government cannot take them away.
In the figure: Rules from family to country.
In the textbook Sameer and Vandana ask: where are all the rules of the country, who makes them and is it binding to follow them? The answer is the Constitution.
Constitution = rule book of the country; binds the government too.
The Constitution is not only for citizens; it also binds the government.
Memory clue: Constitution = rules + rights + limits.
Spot the difference
| Rules | For whom | Scope |
|---|---|---|
| Family/School | Members/Students | Limited |
| Constitution | Country, government, citizens | Very wide |
Practice questions
- 1What is a Constitution?
- 2Why is the Constitution called the supreme law?
- 3Which matters have provisions in the Constitution?
- 4How does a Constitution reduce misuse of power?
- 5What is the rule of law?
- 6How does governing by the Constitution increase trust?
- 7Write five rules for your class.
- 8What problems would arise without a Constitution? Write four sentences.
Show answers (try them yourself first)
- 1A book in which all rules for running the country are written together.
- 2Because it is the fundamental law and other laws cannot go against it.
- 3Citizenship, rights, elections, restrictions on government etc.
- 4Government must act within fixed rules.
- 5Same rules for all; no arbitrary action.
- 6Rights stay safe and administration follows rules.
- 7E.g. come on time, keep clean, respect each other.
- 8Government may act arbitrarily, rights unsafe, quarrels increase.
Constitutions of other countries and administration
Every school has different rules because needs differ. The same is true of country constitutions.
Administration means the government making laws and decisions on many subjects of a country. Almost all countries accept governance according to a Constitution.
Key idea 1 : Why do constitutions differ? — Every country has a different history, social structure, culture and traditions; needs and objectives also differ. So each country tries to make a Constitution suited to its needs and nature.
Key idea 2 : America and England — The American Constitution came into force in 1789; it is written and has only 7 articles. Even after 225 years the American government follows the same Constitution. England has a history of several centuries; there the rules of running the country exist as conventions, norms and traditions, and are followed meticulously. The Magna Carta of 1215 marks the beginning of the English Constitution. Though some rules are written, the English Constitution is considered primarily unwritten.
Key idea 3 : What does administration include? — The government has to make laws on subjects like defending boundaries, protecting from external aggression, eradicating poverty, creating employment, education and health services, encouraging trade and industry, protecting weaker sections and policies for women, children and tribal people. Taking decisions from space research to public cleanliness is administration.
- Easy : Which country’s Constitution is mainly unwritten? — England.
- Medium : How many articles in the American Constitution? — 7.
- Exam-type : Magna Carta in which year? — 1215.
In the figure: Milestones of England, America and India.
As per the textbook the American Constitution came into force in 1789 with only 7 articles; the English Constitution is mainly unwritten.
America = written, 7 articles; England = unwritten; India = written.
Constitutions are not all the same; they differ by history and needs.
Memory clue: Written = USA/India; unwritten = England.
Spot the difference
| Country | Type | Feature |
|---|---|---|
| USA | Written | 1789, 7 articles |
| England | Mainly unwritten | Conventions and traditions |
Practice questions
- 1Why do constitutions differ by country?
- 2State the features of the American Constitution.
- 3How is the English Constitution?
- 4What is the importance of Magna Carta?
- 5What is administration?
- 6On which subjects must the government make laws? Name five.
- 7Find a country’s Constitution and write two features.
- 8Compare written and unwritten constitutions.
Show answers (try them yourself first)
- 1History, social structure, culture and needs differ.
- 2Written, in force since 1789, only 7 articles, same after 225 years.
- 3Rules as conventions, norms and traditions; mainly unwritten.
- 4Beginning of the development of the English Constitution.
- 5Government making laws and taking decisions.
- 6Defence, education, health, jobs, poverty eradication.
- 7E.g. country name, year, two features.
- 8Written is in book form; unwritten rests on customs and traditions.
The Constituent Assembly
For school rules a committee of teachers and students sits; likewise for the country’s rules an assembly of Indian representatives sat.
The Constituent Assembly was the body set up to prepare the Constitution of independent India.
Key idea 1 : Background of making the Constitution — The process of making the Constitution began in 1946. The leaders of the freedom movement insisted that independent India would be governed not by laws made by the British but by laws made by Indians themselves.
Key idea 2 : Structure of the Assembly — India became independent on 15 August 1947. Before that the British had divided India into provinces like Bombay, Bengal and Madras for administration. Some areas were run by local princes; they were known as princely states and their chiefs as princes. Representatives of provinces and princely states were in the Constituent Assembly. As per the textbook the Assembly had 299 members in all, and Dr Rajendra Prasad was the President.
Key idea 3 : Well-known members — Well-known members included Dr Rajendra Prasad, Pandit Jawaharlal Nehru, Dr Babasaheb Ambedkar, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Sarojini Naidu, J. B. Kripalani, Rajkumari Amrit Kaur, Durgabai Deshmukh and Hansaben Mehta. The noted legal expert B. N. Rau was appointed Constitutional Adviser on legal matters. Decisions in the Assembly were made through debate and discussion; respect for opposing views and acceptance of suitable suggestions was its feature.
- Easy : Who was President of the Constituent Assembly? — Dr Rajendra Prasad.
- Medium : Who was the Constitutional Adviser? — B. N. Rau.
- Exam-type : When did India become independent? — 15 August 1947.
In the figure: Representatives and main posts of the Assembly.
What happened before Start of the Constituent Assembly? Leaders of the freedom movement insisted that laws of independent India be made by Indians, not the British. So the Constituent Assembly was set up in 1946.
What happened after Start of the Constituent Assembly? The Assembly’s first meeting was held in New Delhi on 9 December 1946. The eldest member Dr Sachchidananda Sinha became temporary chairman, and on 11 December 1946 Dr Rajendra Prasad was elected President.
299 members; president = R. Prasad; adviser = B. N. Rau.
The Assembly did not start on 15 August 1947; its first meeting was on 9 December 1946.
Memory clue: 46 = start; 49 = adoption; 50 = in force.
Spot the difference
| Person | Post | Role |
|---|---|---|
| Dr Rajendra Prasad | President | Ran the Assembly |
| B. N. Rau | Constitutional Adviser | Legal advice |
Practice questions
- 1Why was the Constituent Assembly set up?
- 2Whose representatives were in the Assembly?
- 3Who was the President of the Assembly?
- 4Write names of five well-known members of the Assembly.
- 5What was a feature of the Assembly?
- 6Who is a prince (sansthanik)?
- 7When was the first meeting of the Assembly?
- 8How would you form a committee to decide rules in your class?
Show answers (try them yourself first)
- 1So that Indians themselves make the Constitution of independent India.
- 2Of provinces and princely states.
- 3Dr Rajendra Prasad.
- 4Nehru, Ambedkar, Patel, Azad, Sarojini Naidu.
- 5Decisions through debate and respect for opposing views.
- 6Chief of a princely state.
- 7On 9 December 1946.
- 8By taking representatives of all groups and deciding rules by discussion.
Dr Babasaheb Ambedkar and the adoption of the Constitution
In a group essay one person puts all the text together and finalises it. Dr Ambedkar did this for the draft of the Constitution.
The Chairman of the Drafting Committee headed the committee that prepared the draft Constitution. Dr Babasaheb Ambedkar was Chairman of the Drafting Committee.
Key idea 1 : Contribution of Ambedkar — Dr Babasaheb Ambedkar had studied the constitutions of various countries in depth. He studied and thought day and night to draft our Constitution. He handled presenting the draft in the Assembly, answering questions, making changes as per members’ suggestions and making each provision flawless. So he is called the ‘Architect of the Indian Constitution’. His contribution covered fields like water conservation, foreign policy, national security, journalism, economics and social justice.
Key idea 2 : Adoption and Republic Day — The draft was discussed article by article and many members suggested amendments. Writing the Constitution took 2 years, 11 months and 17 days. The original Constitution had 22 parts, 395 articles and 8 schedules. The Constituent Assembly adopted the Constitution on 26 November 1949, so 26 November is observed as ‘Constitution Day’. From 26 January 1950 the country began to be governed as per the Constitution and the Indian Republic came into existence, so 26 January is celebrated as ‘Republic Day’.
Key idea 3 : The handwritten Constitution — The original copy of our Constitution is not printed; it is handwritten. The English text was written in beautiful flowing letters by Prem Behari Narain Raizada; sources say it took about six months (November 1949 to April 1950). For each chapter Nandalal Bose and artists of Santiniketan made pictures and borders. So it is both a book and an artistic heritage.
- Easy : Chairman of the Drafting Committee? — Dr Babasaheb Ambedkar.
- Medium : Constitution Day? — 26 November.
- Exam-type : Republic Day? — 26 January.
In the figure: From the Assembly to Republic Day.
What happened before The adoption of the Constitution? On 26 January 1930 people were called to celebrate Independence Day: the Lahore Congress session (December 1929) demanded Purna Swaraj. That day carried the memory of freedom.
What happened after The adoption of the Constitution? About two months after adoption the Constitution came into force on 26 January 1950 and India became a Republic. The Assembly itself elected Dr Rajendra Prasad the first President on 24 January 1950.
The textbook says decisions in the Constituent Assembly were made through debate and discussion and respect for opposing views was its feature. (as per the textbook)
26/11 = Constitution Day; 26/1 = Republic Day; 2 years 11 months 17 days.
It was not adopted on 26 January; it was adopted on 26 November 1949 and came into force on 26 January 1950.
Memory clue: Adopted = November; in force = January.
Spot the difference
| Day | Date | Importance |
|---|---|---|
| Constitution Day | 26 Nov 1949 | Adoption |
| Republic Day | 26 Jan 1950 | In force, Republic begins |
Practice questions
- 1Why is Dr Ambedkar called the Architect of the Indian Constitution?
- 2When and why is Constitution Day observed?
- 3Why is Republic Day celebrated on 26 January?
- 4How many parts, articles and schedules did the original Constitution have?
- 5How long did it take to make the Constitution?
- 6State the difference between adoption and coming into force.
- 7Who wrote and illustrated the handwritten Constitution?
- 8How would you celebrate Constitution Day in your school? Write a report.
Show answers (try them yourself first)
- 1He prepared, presented and amended the draft.
- 226 November; the Constitution was adopted that day.
- 3From 26 January 1950 the Constitution came into force and the Republic began.
- 422 parts, 395 articles, 8 schedules.
- 52 years, 11 months and 17 days.
- 6Adoption = Assembly’s approval; in force = actual use begins.
- 7Raizada wrote it; Nandalal Bose and Santiniketan artists decorated it.
- 8E.g. reading the Preamble, quiz, speeches.