Constitution – Why and How? Notes

Constitution: Why and How? introduces students to the concept of a constitution and explains its role in maintaining order, coordination and justice in society. The chapter highlights how constitutions define the structure of government, distribute powers and protect the rights and freedoms of citizens.

The chapter also explains the making of the Indian Constitution through the Constituent Assembly, the authority of the Constitution, the role of national movements and the importance of democratic deliberations. It further discusses how the Constitution reflects the aspirations and identity of the Indian people.

Meaning and Need of Constitution (Pages 2–3)

These NCERT Notes explain why every society requires a constitution.

Meaning of Constitution

A constitution is a body of fundamental principles according to which a state is governed. It provides rules, powers and limitations for governance.

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Why Do We Need a Constitution?

Main Reasons

1. To maintain coordination in society
2. To provide legal assurance
3. To prevent conflicts
4. To establish government structure
5. To protect citizens’ rights

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Constitution Allows Coordination and Assurance

Importance

• Society contains diverse people with different beliefs and interests.
• Basic rules are necessary for peaceful coexistence.
• Citizens require assurance that laws will be followed by everyone.

Specification of Decision-Making Powers (Pages 4–5)

These NCERT notes explain how constitutions allocate powers.

Main Purpose

The constitution specifies:

• Who will make laws
• How government will function
• How representatives will be elected

Democratic Constitution

• People elect representatives
• Parliament makes laws
• Government derives authority from constitution

Limitations on the Powers of Government (Pages 5–6)

These notes explain how constitutions prevent misuse of power.

Why Limit Government Power?

• Government may become authoritarian
• Citizens’ freedoms may be violated
• Discrimination may increase

Fundamental Rights

Purpose: Protect citizens from arbitrary government action.

Important Rights

• Freedom of speech
• Freedom of religion
• Freedom of association
• Protection against arbitrary arrest

Aspirations and Goals of Society (Pages 6–8)

These NCERT notes explain how constitutions express social ideals.

Main Aspirations

• Equality
• Justice
• Welfare
• Social dignity
• Elimination of discrimination

Indian Constitution and Welfare

The Indian Constitution empowers government to:

• Reduce inequalities
• Promote education
• Ensure welfare measures
• Eliminate caste discrimination

Directive Principles of State Policy

Purpose: Guide government in achieving social and economic justice.

Fundamental Identity of People (Pages 8–10)

These notes explain how constitutions shape national identity.

Meaning

The constitution creates:

• Political identity
• National unity
• Shared values
• Collective moral framework

Indian Constitution and Identity

Important Features

• Citizenship not based on religion or caste
• Equality for all citizens
• Democratic values

Meaning of Constitutional Authority

A constitution becomes authoritative when:

• People accept it
• Institutions follow it
• Citizens trust its principles

Factors Determining Authority

1. Mode of Promulgation

Meaning: How constitution was created.

Indian Example: Indian Constitution was framed by Constituent Assembly representing various groups.

2. Substantive Provisions

Meaning: Constitution should provide justice, equality and freedom.

Important Elements:

• Protection of minorities
• Equality before law
• Rights and freedoms

3. Balanced Institutional Design

Meaning: Power should be distributed among institutions.

Indian Example:

• Legislature
• Executive
• Judiciary

Checks and Balances

Purpose: Prevent concentration of power in one institution.

Flexibility and Rigidity

A successful constitution balances stability, adaptability, core values and need for change.

Constituent Assembly

• First Meeting: 9 December 1946
• Constitution Adopted On: 26 November 1949
• Constitution Came Into Force: 26 January 1950

Composition of Constituent Assembly

Important Features

• Representatives from provinces
• Representation for minorities
• Representation for Scheduled Castes
• Dominance of Indian National Congress

Principle of Deliberation

Meaning: Constitution was framed through discussion and debate.

Features

• Open debates
• Public reasoning
• Consensus building

Universal Adult Franchise

Every adult citizen has voting rights irrespective of religion, caste, gender, education or income.

Important Leaders of Constitution Making

Inheritance of National Movement (Pages 19–20)

Main Values Adopted

1. Liberty
2. Equality
3. Democracy
4. Sovereignty
5. Justice
6. Fraternity

Objectives Resolution

Main Points

• India as sovereign republic
• Equality before law
• Fundamental freedoms
• Safeguards for minorities
• Promotion of world peace

Institutional Arrangements (Pages 20–22)

Parliamentary System

India adopted:

• Parliamentary democracy
• Federal system
• Independent judiciary

Provisions Borrowed from Other Countries

Important Topic	Page Reference
Meaning of Constitution	Pages 2–3
Functions of Constitution	Pages 3–8
Decision-Making Powers	Pages 4–5
Fundamental Rights	Pages 5–6
Authority of Constitution	Pages 10–14
Constituent Assembly	Pages 14–16
Objectives Resolution	Page 20

Very Short Answer Questions

1. Define constitution.
2. What is the first function of a constitution?
3. Who was chairman of Drafting Committee?
4. What is universal adult franchise?
5. When was Indian Constitution adopted?

Short Answer Questions

1. Explain the need for a constitution.
2. Explain limitations on government powers.
3. Discuss the authority of constitution.
4. Explain balanced institutional design.
5. Discuss the role of Constituent Assembly.

Long Answer Questions

1. Explain the functions of constitution in detail.
2. Discuss the making of the Indian Constitution.
3. Explain factors that make a constitution effective.
4. Discuss the contribution of Constituent Assembly.
5. Explain the Objectives Resolution and its importance.

1. What is a constitution?

A constitution is a set of fundamental rules and principles that governs a country.

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2. Why is constitution important?

It provides structure to government, protects rights and maintains order in society.

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3. Who framed the Indian Constitution?

The Constituent Assembly framed the Indian Constitution.

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4. Who is known as father of Indian Constitution?

Dr. B.R. Ambedkar is known as the chief architect of the Indian Constitution.

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5. What are Fundamental Rights?

These are rights guaranteed by the Constitution to protect citizens’ freedoms and equality.

• Constitution is the supreme law of the country.
• Main functions of constitution:
  • Coordination
  • Allocation of powers
  • Limiting government
  • Achieving social goals
• Constitution protects:
  • Freedom
  • Equality
  • Justice
• Indian Constitution:
  • Adopted on 26 November 1949
  • Enforced on 26 January 1950
• Important leaders:
  • Dr. B.R. Ambedkar
  • Jawaharlal Nehru
  • Rajendra Prasad
  • Sardar Patel
• Main features:
  • Parliamentary democracy
  • Federal system
  • Fundamental Rights
  • Directive Principles
• Borrowed features:
  • Britain → Parliamentary system
  • USA → Fundamental Rights
  • Ireland → Directive Principles
  • France → Liberty, Equality, Fraternity
• Constitution reflects aspirations of Indian people and ensures democratic governance.