CLASS - 11TH CBSE - CONSTITUTION: WHY AND HOW CHAPTER - 1

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                     CLASS 11

                         CBSE

                        CIVICS

                 CHAPTER -1

     CONSTITUTION: WHY AND HOW

              SAQ QUESTIONS

Q. 1. What do you means by a constitution ? What are Its functions?

Ans. A constitution is defined as the set of written rules, that are accepted by all the people living together in a country. It determines the relationship between the people and the government.

The different functions of the constitution are:

i. The constitution should provide a set of basic rules that allows the people to live together with trust and coordination.

ii. It should specify how the government will be constituted, and who will have the power to make the decision for a particular scenario, and so on.

iii. It expresses the aspirations of the people to create a good society.

Q. 2. Why is constitution important?

Ans. It plays an important role in creating a minimum coordination and cooperation among the members of the society

Q.3. What will happen, if there is no basic rules and regulations in the society?

Ans. In the absence of constitution, every member of the society feels insecure. Because it will be difficult for the people about how to treat others.

Q.4. Write two functions of the Constitution.

Ans. Constitution provides minimum coordination and trust among the members of the society. Constitution specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be.

Q5. How much time was taken by the Indian constitution to be framed?

Ans. 2 years, 11 months,18 days, 166 meetings

Q6.  Briefly explain the constitutional draft committee.

Ans. It drafted the constitution. Dr. B. R. Ambedkar was the Chairperson of the Draft Committee.

Q7. Write two ideals of objective resolution presented by Nehru in 1946.

Ans. India will be an independent, sovereign and socialist state. All the people of India will be guaranteed fundamental rights like equality before law, socio economic and political justice.

Discuss the circumstances which led to the formation of the Constituent Assembly.

Ans. Our Constitution was drafted by a Constituent Assembly composed of Indian people.

Mahatma Gandhi mooted the idea of Constituent Assembly in 1922 and the Indian National Congress put the demand in a concrete form in 1935. But this demand of Congress party remained unfulfilled for a number of years. It was incorporated in the Cripps Proposals of 1942 that after the end of the war, a Constitution-making body would be set up to frame a new Constitution. However, for various reasons the Cripps Proposals did not meet the approval of the Indian people. The Cabinet Mission Plan, 1946 proposed the Constitution of an Assembly to frame the Constitution. The elections to the Constituent Assembly were held in 1946 according to the Cabinet Mission Plan. Its first meeting was held on 9th December, 1946.

Q.8. Explain the composition of the Constituent Assembly.

Ans. The Constituent Assembly consisted of 389 members: 296 from the British-Indian provinces and 93 from the Indian states. Out of 296, 4 members were taken from the Chief Commissioners’ Provinces. The first meeting of Constituent Assembly was presided over by an experienced and old member Dr. Sachidanand Sinha in which 210 members participated.

Q.9. Write a short note on the Constituent Assembly of India.

Ans. The Cabinet Mission, 1946 recommended the setting up of Constituent Assembly. The Constituent Assembly was to consist of 389 members: 296 from the British provinces and 93 from the Indian states. The elections to the Constituent Assembly were held in July, 1946. The results of the elections created a sense of frustration in the league. The Constituent Assembly constituted of 299 members after the withdrawal of the Muslim League. The first session of the Constituent Assembly was held on December 9, 1946. The Constituent Assembly adopted the National Flag on 22nd July, 1947. On August 29, 1947 a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar was appointed.

After doing much labour, the Draft Constitution was published in January, 1948. The members of the Constituent Assembly were given full eight months to consider the draft of the Constitution. At last on November 26, 1949, the Constituent Assembly adopted the new Constitution of India. The new Constitution came into effect on January 26, 1950.

Why does any nation need a constitution?

OR

What are the functions of constitutions?

Ans. All the democratic countries of the world have Constitutions. We need a Constitution due to the following reasons:

(a) Constitution is needed to provide basic rules which assure coordination amongst members of a society.

(b) Constitution is needed to provide fundamental principles and rules on the basis of which government should be run.

(c) Constitution is needed to specify how the government will be constituted.

(d) Constitution puts limitations on the three organs of the government so that no organ should become absolute and arbitrary.

Indian constitution is neither too flexible and nor too rigid” Justify.

Ans. Indian constitution is world's largest written constitution. And in general, changing a written constitution is very difficult. But, Indian Constitution is both rigid and flexible, because the procedure of amendment is neither easy nor difficult. The Constitution has provided a federal structure for India. A special majority of the Union Parliament, i.e., a majority of not less than two-thirds vote is required to amend the Constitution

Bring Out The Significance Of The Terms “sovereign, Democratic Republic” As Mentioned In The Preamble.?

Ans. India is a sovereign state. It means the state in India is the supreme authority over all men and all associations within the country and is absolutely free from any outside control.

India is democratic. It means that in India all governments are formed on the basis of popular support. India is republic. It means all offices of the state from the highest to the lowest are held on the basis of merit and no office of the state is held on the basis of hereditary right.

What are the different forms of justice mentioned in the Preamble to the Constitution of India?

Ans. There are three forms of justice mentioned in the Preamble to the Constitution. 

These are:

(a) Social justice,

(b) Economic justice,

(c) Political justice.

What is the nature of state according to the Preamble?

Ans. The nature of the state according to the Preamble is Sovereign, Democratic, Secular, Socialist and Republic

KEY NOTES

What is a Constitution?

• A constitution is a body of fundamental principles according to which a state is constituted or governed. 

Why do we need a Constitution?

• We need a constitution to provide a set of basic rules that allow for minimal coordination amongst members of a society which are legally enforceable.

Who can decide which rules are the best to suite for a society?

• The constitution specifies the basic allocation of power in a society.

• It decides who gets to decide what the laws will be.

• In the Indian Constitution, it is specified that in most instances, Parliament gets to decide laws and policies, and that Parliament itself be organized in a particular manner.

Functions of 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 fulfil the aspirations of a society and create conditions for a just society.

Fundamental identity of a people:

• Constitution expresses the fundamental identity of a people.

• The people as a collective entity come into being only through the basic constitution. 

• Constitutional norms are the overarching framework within which one pursues individual aspirations, goals and freedoms.

• The constitution sets authoritative constraints upon what one may or may not do.

• It defines the fundamental values that we may not trespass. So the constitution also gives one a moral identity.

• Many basic political and moral values are now shared across different constitutional traditions.

Mode of promulgation

This refers to how a constitution comes into being. Who crafted the constitution and how much authority did they have?

In many countries constitutions remain defunct why?

• Crafted by military leaders

• Leaders who are not popular

• Do not have the ability to carry the people with them.

Why Countries like India, South Africa and the United States are the most successful constitutions?

• Created in the aftermath of popular national movements.

Indian Constitution overview:

• Formally created by a Constituent Assembly between December 1946 and November 1949.

• Drew upon a long history of the nationalist movement that had a remarkable ability to take along different sections of Indian society together.

• Drew enormous legitimacy from the fact that it was drawn up by people who enjoyed:

→ Immense public credibility

→ Who had the capacity to negotiate and command the respect of a wide cross-section of society,

→ Who were able to convince the people that the constitution was not an instrument for the aggrandizement of their personal power.

Provision of the Constitution:

• It gives everyone in society some reason to go along with its provisions.

• Allowed permanent majorities to oppress minority groups within society.

• Systematically privileged some members at the expense of others, or that systematically entrenched the power of small groups in society, would cease to command allegiance.

• The more a constitution preserves the freedom and equality of all its members, the more likely it is to succeed.

Balanced Institutional Design:

• Designing of a constitution is to ensure that no single institution acquires monopoly of power.

• For E.g. The Indian Constitution horizontally distributes power across different institutions like the Legislature, Executive and the Judiciary and even independent statutory bodies like the Election Commission.

• This ensures that even if one institution wants to entertain unlimited power beyond the Constitution, others can check its Dictarorshop.

• An intelligent system of checks and balances has facilitated the success of the Indian Constitution.

• A constitution must strike the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances.

• Too rigid a constitution is likely to break under the weight of change; a constitution that is, on the other hand, too flexible, will give no security, predictability or identity to a people.

How was the Indian Constitution made?

• Constitution was made by the Constituent Assembly which had been elected for undivided India.

• First sitting on 9 December 1946 and re-assembled as Constituent Assembly for divided India on 14 August 1947.

• Members were elected by indirect election by the members of the Provisional Legislative Assemblies that had been established in 1935.

• The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet, known as the Cabinet Mission.

According to Cabinet Mission Plan:

• 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.

• The seats in each Province were distributed among the three main communities, Muslims, Sikhs and General, in proportion to their respective populations.

• Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote.

• The method of selection in the case of representatives of Princely States was to be determined by consultation.

Procedures

• The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Azad or Ambedkar chaired these Committees.

• Each Committee usually drafted particular provisions of the Constitution which were then subjected to debate by the entire Assembly. 

✓ Some provisions were subject to the vote.

Institutional arrangements

• The Constituent Assembly spent a lot of time on evolving the right balance among the various institutions like the executive, the legislature and the judiciary.

• Adoption of the parliamentary form and the federal arrangement, which would distribute governmental powers between the legislature and the executive on the one hand and between the States and the central government on the other hand.

Borrowed Constitution

From British Constitution

• Nominal Head - President (like Queen)

• Cabinet System of Ministers

• Post of PM

• Parliamentary Type of Govt.

• Bicameral Parliament

• Lower House more powerful

• Council of Ministers responsible to Lower House

• Speaker in Lok Sabha

• First past the Post

• Law Making Procedure

• The idea of the rule of law

From US Constitution

• Nominal Head - President (like Queen)

• Cabinet System of Ministers

• Post of PM

• Parliamentary Type of Govt.

• Bicameral Parliament

• Lower House more powerful

• Council of Ministers responsible to Lowe House

• Speaker in Lok Sabha

From USSR

• Fundamental Duties

• Five year Plan

• From Australia

• Concurrent list

• Language of the preamble

• Provision regarding trade, commerce and intercourse

From Australia

• Concurrent list

• Language of the preamble

• Provision regarding trade, commerce and intercourse

From Japan

• Law on which the Supreme Court function.

From Weimar Constitution of Germany

• Suspension of Fundamental Rights during the emergency.

From Canada

• Scheme of federation with a strong centre

• Distribution of powers between centre and the states and placing.

• Residuary Powers with the centre

From Ireland

• 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

Q. Prepare a short note on the authority of a Constitution.

Answer:

Constitution is the basic document of a nation. The government of any country works according to certain rules. Constitution is the basic document which describes the structure of the Nation, the rights of the government, the rights of the citizens and their responsibilities. A Constitution lays the foundation for the working of a nation. In the absence of a Constitution, the smooth working of the government will be made uncertain and the rights of the citizens might be violated. The lack of a Constitution, which clearly defines the powers of the government and the rights of the citizens and their responsibilities, will lead to anarchy. A country then ceases to be a nation.

Q. State the main points of the Objective Resolution

Answer:

a) India is an independent sovereign republic.

b) India will be a Union of the earlier British Indian territories, Princely States, and other regions that want to be in the Indian Union.

c) The regions in the Indian Union will have self-rule. Except in the subjects vested in the Union, the regions will have full powers over the government and administration.

d) All the powers of independent sovereign India and the Constitution come from the people of India.

e) All people of India are guaranteed social, economic and political justice.

t) Due protection will be given to minorities, backward tribal territories, Scheduled Castes and Tribes, and Other Backward Classes.

g) In conformity with justice and laws of other nations, the unity of the Republic, and sovereignty over its land, sea, and air will be maintained.

h) The country will generously contribute to the maintenance of peace and security of the world and for the welfare of humanity.

Q. How many Committees were formed as part of the making of the Indian Constitution?

Answer:

There were 8 Committees:

1. Rules Committee

2. Steering Committee

3. Advisory Committee

4. Drafting Committee

5. Union Subjects Committee

6. States Committee

7. Provincial Constitution Committee

8. Union Constitution Committee

Question .

Identify the factors required for the successful working of a Constitution.

Answer:

A just and free law and order system.

A Written Constitution.

Clearly defined powers of the Parliament, Judiciary and Executive.

Rule of Law

What are the features of the Indian Constitution?

The features of the Indian Constitution as it stands today, are as follows:

Lengthiest Written Constitution

Blend of Rigidity and Flexibility

Parliamentary Government

Independent Judiciary

A federal system with Unitary Features

Secular State

Universal Adult Franchise

Emergency Provisions

REVISION NOTES :- 

1. A constitution is a written set of laws and fundamental principles to develop a relationship between the people and the government which comprises a number of articles about the state.

2. We need a constitution/Fuctions of Indian Constitution:

1.To provide a set of basic rules to allow for minimal coordination amongst the members of a society.

2. To specify how the government would be constituted and who has power to make decisions in the society.

3. To lay some limitations on government’s power by guaranteeing rights to the citizens.

4. To enable the government to fulfill aspirations of a society and create conditions for a just society.

 To express the fundamental identity of people.

3.  The Constitution of India was framed by the Constituent Assembly between December 1946 and November 1949.

4. Constitution are often subverted ,not by the people,but by small groups,who wish to enhance their own power.Well crafted constitutions fragment power in society intelligently so that no single group can subvert the constitution.The Indian consititution horizontally,Executive and the Judiciary and even independent statutory bodies like the Election Commission. An intelligent system of checks and balance has facilitated the success of the Indian Constitution.

5. The Constituent Assembly spent 2 years 11 months and 18 days to prepare the constitution to be adopted on November 26, 1949 and came into force on 26 January, 1950.

6. The Constitutional Assembly had eight major Committees on different subjects.Usually,Jawaharlal Nehru, Rajender Parsad ,Sardar Patel or B.R Ambedkar chaired these Committees.Each Committee usually drafted particular provisions of the Constitution which were then subjected to debate by the entire Assembly.

7. The Constitution of India is the Supreme Law to be accepted and respected by all the citizens as well as institutions of the country.

8.Only one provision of the constitution was passed without virtually any debate : the introduction of universal suffrage(meaning that all citizen reaching a certain age,would be entitled to be voters irrespective of religion,caste,education,gender or income).

9. The Constitution of India is a blend of flexibility and rigidity as it is federal in form but unitary in spirit.

10.The main federal features of the Indian Constitution are written and flexible constitution, distribution of powers between the centre and the states, supremacy of judiciary and existence of bi-cameral legislature.

11. The framers of Indian Constitution have borrowed a number of provisions as per the suitability of the nation from different countries, ilrb the British Constitution, the American Constitution, the Constitution of Canada, the Constitution of Ireland, the French Constitution, etc. along with the Government of India Act, 1935.

Q. What is an unwritten constitution?

Answer:

A written Constitution is in the form of a document while an unwritten constitution is based on understandings, traditions, usages, and convention. An unwritten constitution means observance of certain accepted modes of behavior.

Q. How the decisions were taken by Constituent Assembly?

Answer:

Taking decisions in the Constituent Assembly was not easy because of thorny issues. There were many people and groups of divergent opinions. But all the members were fired with a high sense of patriotism. Therefore all the decisions were taken by consensus which could be possible by the spirit of accommodation.

Q. What is the Preamble of the Constitution?

Answer:

A preamble is the introductory part of the Constitution which gives the idea of forms of government, values, philosophy, and commitment of the Constitution. Preamble helps in the interpretation of the Constitution.

Q. What was the significance of the Cabinet Mission Plan?

Answer:

Cabinet Mission Plan was appointed by the British Government in 1946 to discuss the framework of the Constituent Assembly with the Indian leaders. With the discussion by Indian leaders, the Cabinet Mission plan gave its recommendations on the basis of which the Constituent Assembly was constituted.

Q. From where the Constitution drew its authority?

Answer:

The Constitution drew its authority from the Constituent Assembly which was representative of the people. Therefore ultimately the people are /the source of the authority of the Constitution. In Preamble the stating words are We the people of India, which means to say that people support this Constitution.

Q. How India is Republic?

Answer:

India is Republic. It is very much given in the Preamble of the Constitution. India has an elected head in the form of a President. Therefore India is Republic.

Q. What do you mean by Constitution? How it performs its role for society?

Answer:

A Constitution is fundamental law of the land. It can be defined as the body of rules, regulations, and understandings on the basis of which state is’ constituted and governed. The Constitution is also the instrument of realizing the aspirations of the people. It plays a vital role for society as it specifies the basic allocations of power in society. The Constitution of a country indicates the framework of the government with the respective role of each organ of the government. The Constitution influences society and in turn is influenced by society. Indian Constitution represents the ethos, values, and preferences of Indian people and at the same time has successfully given the direction to Indian society to become a liberal, secular, democratic, and modern society. The constitution plays this role in all societies. We can take the example Of Chinese and Russian Constitutions also.

Q. Discuss the importance of a written constitution.

Answer:

The constitution explains the structure of government and the mode of governance. Generally, the constitution is to be taken as a written one but it does not mean that there cannot be an unwritten constitution. British Consti¬tution is the example of the unwritten constitution which is working on the basis of unwritten understandings, traditions, and conventions. But in most of the countries of the world, there are written constitutions which are in the form of a document written by a specially constructed Constituent Assembly. The written constitution has its own utility and importance. The written part of the constitution is a clear indicator of the jurisdiction or powers of a particular organ. There cannot be any ambiguity in a written constitution if it is, it can be explained. A written constitution is generally available in the form of a document that is prepared by continuous discussions and debate and with due process of decision making. It may be the majority method or it can be based on consensus. Therefore a written constitution is more popular.

Q. Write the composition of the Constituent Assembly of India.

Answer:

Indian Constitution is written by a specially constituted Constituent Assembly. This Constituted Assembly had a total strength of 389 members, whose composition was as follows:

i. 292 members from British ruled states

ii. 93 members from Princely states

4 members of minorities like Sikh and Anglo Indians.

The elected members were to be indirectly elected by the state Assemblies which were constituted by the election of 1946 to the states on the basis of the Government of India Act 1935. Therefore this Constituent Assembly was constituted by indirect elections and nomination. It was constituted as per recommendations of the Cabinet Mission Plan 1946 which came to India after the formation of a new government led by Mr. Atlee in Britain. The Constituent Assembly enacted this Constitution on 26 November 1949 by taking the time of two years, eleven months, and eighteen days. The idea of a Constituent Assembly had come to prevail largely as an article of faith in almost all the politically minded classes in the country.

Q. Write important features of the Indian Constitution.

Answer:

The main features of the Indian Constitution are as under:-

1. Written Constitution

2. Flexible and rigid Constitution

3. The preamble of the Constitution

4. Liberal Constitution.

5. Parliamentary form of government

6. Federal system of government

7. Republican system

8. Fundamental Rights

9. fundamental Duties

11. Directive Principles of State 12.Policy

13. Secularism

14.Bicameral Legislature of center

15. Adult Franchise

16.Multi-Party System

17.Power of Judicial Review to the Judiciary

18. Mixed economy

19. Single citizenship

20. Supremacy of Constitution

Q. How the powers are demarcated in Indian Constitution?

Answer:

The important base of the effectiveness of a constitution is a balanced arrangement of the distributions of power and allocation of areas of work (jurisdiction) among the institutions and organs of the government. The basic principle on which the constitution worked was that the government must be democratic and committed to the welfare of the people. The constitution-makers, for the purpose of evolving the right balance among the various institutions like the executive, the legislature, and the judiciary, adopted parliamentary form government and federal-arrangement between the center and states. This will lead to the distributions of power between the legislature and executive on the one hand and between the central government and the state governments. For this purpose the powers were distributed on the basis of three lists as under :

1. Union list 96 subjects

2. State list 66 subjects

Concurrent list 47 subjects. The residual powers rest with the center.

Q. How far you agree that the Indian Constituent Assembly was a representative body?

Answer:

Although members of the Constituent Assembly were not directly elected by the people but there was a serious effort and intention to make the Assembly a representative body. In fact, at that time adult franchise’ was not prevailing, and also the situation at that time was conducive to hold the elections directly. Therefore it was decided that members of the Constituent Assembly be elected by the members of legislative Assemblies of the states. Besides this through the process of nomination efforts were made to give representation to all shades and opinions. In the election also members of all religions were given due representation.

In terms of Political parties, the Congress party which dominated -the’- political scene at that time, also dominated the composition of the Constituent Assembly. The Congress itself was such a party that managed to accommodate almost all sections of the society. Therefore we can conclude that constituent Assembly was a representative body.

Q. On which philosophy our Constitutions is based?

Answer:

The preamble of the Indian Constitution explains the philosophic basis. It is based on socialist, secular, and democracy: Constitution seeks to build the society on the socialistic pattern which means the availability of minimum needs of everyone and the removal of disparity among people. Socialism means each according to his ability and to each according to, his needs. This philosophy of socialism seeks to build an egalitarian society. Another philosophic base is secularism which means freedom to citizens in matter or religion. It stands for no state religion because religion is a personal matter of man.

Another philosophy that seeks to achieve is democracy i.e. full participation of the people on the matter of administration and decision-making process.

Q.  How we can ensure the success of a Constitution?

Answer:

For the success and faithful obedience of the constitution, there should be some kind of internal mechanisms that no group of the society or no organ of the government become so powerful who could think of subverting the Constitution.

For example, American Constitution has such a mechanism as American Constitution is based on the theory of separation of power with a check and balance system which ensures that no organ will become arrogant and monopolistic in its jurisdiction because there is another organ to check it. Indian Constitution also has divided the powers across different institutions like the legislature, executive, judiciary, and even some other constitutional independent bodies like the Election commission. Secondly, to obtain the regular support of the people, the constitution must strike the right balance between certain values, norms, and procedures as authoritative and at the same time allow enough flexibility in its operation to adopt the changing needs and circumstances.

Q. Write some features of the Cabinet Mission Plan?

Answer:

The Constituent Assembly which framed the Indian Constitution was constituted on the basis of the cabinet mission plan’s recommendations. Its main recommendations are as under:

1. Each province and princely state Were allowed seats proportional to their respective population roughly in the ratio of 1: 10,00,000. Which divided 292 members from British states and 93 seats from the Princely states.

2. Seats in each province were distributed among the three main com¬munities i.e. Muslims, Sikhs, and general.

3. Members of each community in the Provincial Legislative Assembly

elected their own representatives.

4. The method of selection was to be determined by consultation.

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