CHAPTER – 1
Constitution: Why and How?
1. Chapter Overview
This chapter explains why societies need a constitution, what functions it performs, what gives a constitution its authority, and how the Indian Constitution was made. It is the foundation chapter for understanding the working of all government institutions discussed later in the book.
1
Understand what a constitution means2
Learn what a constitution does to society3
See how constitutions govern the allocation of power4
Know how the Constitution of India was made2. Why Do We Need a Constitution?
🤝 Coordination and Assurance
- Imagine a large, diverse group — different religions, professions, abilities, incomes, ages — that still has to live together and depend on each other.
- Such a group will have disputes over property, education, spending priorities, and discrimination.
- For peaceful living, the group needs basic rules that are publicly known and legally enforceable, so everyone is assured that others will follow them.
📌 Function 1
A constitution provides a set of basic rules that allow for minimal coordination among members of a society.⚖️ Specification of Decision-Making Powers
- Before deciding what the rules should be, society must decide who gets to decide — this is the prior question every constitution answers.
- This can be answered in different ways: a monarch decides (monarchy), a single party decides (old Soviet Union), or the people decide (democracies).
- Even “people decide” raises further questions: direct vote (like ancient Greece) or through elected representatives? How should representatives be chosen?
- In India, the Constitution specifies that Parliament has the authority to make laws — and also specifies how Parliament itself is organised.
📌 Function 2
A constitution specifies who has the power to make decisions in a society — it decides how the government will be constituted.🚫 Limitations on the Powers of Government
- Even after deciding who governs, that authority could pass unjust laws — banning a religion, arresting people arbitrarily, or discriminating by caste or skin colour.
- Constitutions place limits on government through Fundamental Rights — freedom of speech, conscience, association, trade, and protection from arbitrary arrest.
- These rights can be restricted during a national emergency, but the constitution itself specifies when and how.
📌 Function 3
A constitution sets fundamental limits on what a government can impose on its citizens — limits the government may never trespass.🖼️ Read a Cartoon — European Constitution
“The Feuding Fathers”
Countries of the European Union tried to create a common constitution, but the attempt failed — shown as leaders quarrelling over a single document. It raises the question whether conflict is a natural part of every constitution-making process.
3. Aspirations, Goals & Identity
🌱 Aspirations and Goals of a Society
- Older constitutions mainly allocated power and limited government. Many 20th-century constitutions, especially India’s, go further — they enable the government to act positively for society’s goals.
- India aspires to be free of caste discrimination; South Africa’s constitution had to enable ending racial discrimination.
- The Indian Constitution enables the government to take welfare measures — some legally enforceable — found in the Preamble, Fundamental Rights, and Directive Principles of State Policy.
📌 Function 4
A constitution enables the government to fulfil the aspirations of society and create conditions for a just society.🌍 Enabling Provisions — Other Countries
🇿🇦 South Africa
Promotes conservation of nature, protects groups facing unfair discrimination, and ensures progressive access to housing and health care.
🇮🇩 Indonesia
Government must establish a national education system and ensure poor and destitute children are looked after.
🖼️ Read a Cartoon — Nehru, 4 December 1949
Balancing Different Visions
Nehru is shown trying to balance very different ideological groups while drafting the Constitution — representing the difficult task of accommodating diverse aspirations within one document.
🪪 Fundamental Identity of a People
- A constitution gives a people their political identity — a collective entity formed by agreeing to common norms of governance.
- It also gives a moral identity — by setting out values and constraints that members agree not to cross.
- German identity was historically linked to ethnicity; the Indian Constitution, by contrast, does not make ethnicity a basis for citizenship.
- Different constitutions also embody different views on the relationship between regions and the central government — this too shapes national identity.
🖼️ Read a Cartoon — Iraqi Constitution, 2005
Conflict Among Ethnic Groups
After the fall of Saddam Hussain’s regime, drafting Iraq’s new constitution saw sharp conflict between Sunnis, Shiites and Kurds — each wanting control over how it was written, unlike the broader consensus seen in India’s case.
✅ Check Your Progress — Functions Mapped
| Provision | Function It Performs |
|---|---|
| Government cannot order any citizen to follow/not follow any religion | Limitation on power of government |
| Government must try to reduce inequalities in income and wealth | Enabling provision — fulfils aspirations of society |
| President has the power to appoint the Prime Minister | Specifies who decides — allocation of power |
| The Constitution is the supreme law everyone must obey | Provides basic rules for coordination & assurance |
| Indian citizenship not limited by race, caste or religion | Expresses fundamental identity of the people |
4. The Authority of a Constitution
❓ Three Key Questions
- What is a constitution? — In most countries, a single compact document of articles; some countries (e.g., the United Kingdom) instead have a series of documents and conventions collectively called the constitution.
- How effective is a constitution? — Many constitutions exist only “on paper.” Effectiveness depends on several factors.
- Is a constitution just? — Does it give everyone a reason to accept it?
📜 Mode of Promulgation
- This refers to how a constitution comes into being and who crafted it.
- Constitutions made by military leaders or unpopular rulers often remain ineffective.
- The most successful constitutions — India, South Africa, USA — emerged from popular national movements.
- India’s Constitution was made by a Constituent Assembly (Dec 1946 – Nov 1949), but drew its legitimacy from the long nationalist movement that united diverse sections of society.
- It was never put to a referendum, yet carries enormous authority because people adopted it as their own by abiding by its provisions.
🇳🇵 Box — Constitution Making in Nepal
Since 1948, Nepal has had five constitutions (1948, 1951, 1959, 1962, 1990), all “granted” by the King, who retained final power. Long agitation — led notably by the Communist Party of Nepal (Maoist) — demanded a popularly elected constituent assembly. In 2008, Nepal became a democratic republic after abolishing the monarchy, and adopted a new constitution in 2015.📑 Substantive Provisions of a Constitution
- A successful constitution gives everyone a reason to go along with it.
- A constitution that lets permanent majorities oppress minorities, or systematically privileges some groups over others, will lose allegiance.
- The more a constitution preserves freedom and equality of all members, the more likely it is to succeed.
🏗️ Balanced Institutional Design
- Constitutions are often subverted by small groups seeking to enhance their own power — not by ordinary people.
- Well-designed constitutions fragment power so no single institution gets a monopoly — India does this horizontally across the Legislature, Executive, Judiciary, and bodies like the Election Commission.
- A good constitution also balances rigidity and flexibility — too rigid breaks under pressure of change; too flexible gives no security or identity.
- The Indian Constitution is called a “living document” (see Chapter 9) because it can be amended within limits.
🔑 Three Questions to Test a Constitution’s Authority
1. Were the people who enacted it credible?2. Was power organised so that no group could easily subvert it, and does it give everyone a reason to accept it?
3. Is the constitution the locus of people’s hopes and aspirations — is it just?
🖼️ Read a Cartoon — “Castle of Cards,” Sep 2005
The Fragility of a Constitution
The Iraqi Constitution is depicted as a fragile “castle of cards” — raising the question of whether such a description would also apply to the more stable, broadly-accepted Indian Constitution.
5. How Was the Indian Constitution Made?
🗳️ The Constituent Assembly
- First sitting: 9 December 1946 (for undivided India); reassembled for divided India on 14 August 1947.
- Members chosen by indirect election from Provincial Legislative Assemblies (under the Government of India Act, 1935), based on the Cabinet Mission Plan.
- Seats allotted roughly in the ratio 1:10,00,000 of population — Provinces got 292 seats, Princely States a minimum of 93 seats.
- Seats in each province were split among Muslims, Sikhs, and General communities proportionally; representatives elected by proportional representation with single transferable vote.
📜 Dr. B.R. Ambedkar — On Social Democracy
Liberty, Equality, Fraternity (CAD, Vol. XI, 25 Nov 1949)
Ambedkar argued that political democracy means little without social democracy, and that liberty, equality and fraternity must be treated together — none can be separated from the others without defeating the purpose of democracy.
📊 Composition of the Constituent Assembly
- After Partition (Plan of 3 June 1947), members from territories that went to Pakistan ceased to be members — Assembly strength reduced to 299.
- Constitution adopted on 26 November 1949; 284 members signed it on 24 January 1950; came into force on 26 January 1950.
- Drafted against the backdrop of the violence of Partition, yet committed to a conception of citizenship where religious identity has no bearing on citizenship rights.
- The Assembly had 28 members from Scheduled Castes; the Congress party held ~82% of seats after Partition, but was itself ideologically diverse, accommodating many shades of opinion.
🗣️ The Principle of Deliberation
- The Assembly’s authority came not just from representation, but from its procedures and the values members brought to debate.
- Members deliberated with the interests of the whole nation in mind, engaging in “public reason” — giving principled reasons rather than only pursuing self-interest.
- Major debates: centralised vs decentralised government, Centre–State relations, powers of the judiciary, property rights.
- Only one provision passed without debate — universal suffrage — showing the Assembly’s deep democratic commitment.
🖼️ Read a Cartoon — Rajendra Prasad & Ambedkar
President and Drafting Committee Chairman
Dr. Rajendra Prasad praised Dr. Ambedkar and the Drafting Committee for their dedication despite ill health, saying the choice of Ambedkar as Chairman could not have been more right, and that the whole Committee deserved the nation’s thanks.
🛠️ Procedures of the Assembly
- The Assembly had eight major Committees, usually chaired by leaders like Nehru, Rajendra Prasad, Sardar Patel, or B.R. Ambedkar — leaders who often disagreed strongly but worked together.
- Each Committee drafted provisions, which were then debated by the whole Assembly; the aim was usually consensus, though some provisions went to a vote.
- The Assembly met for 166 days, spread over 2 years and 11 months; sessions were open to press and public.
🕊️ Inheritance of the Nationalist Movement
- The Constitution was not just a product of the Assembly — it embodied decades of debate from the freedom struggle on the shape of government, values, and inequalities to overcome.
- The Objectives Resolution, moved by Nehru in 1946, best summarises these inherited principles: equality, liberty, democracy, sovereignty, and a cosmopolitan identity.
📜 Main Points of the Objectives Resolution
• India to be an independent, sovereign republic• A Union of former British Indian territories, Indian States, and willing other parts
• Constituent units to be autonomous, exercising all powers except those vested in the Union
• All power and authority to flow from the people
• Guarantee of social, economic and political justice, equality of status and opportunity, and fundamental freedoms (speech, expression, belief, faith, worship, vocation, association, action)
• Adequate safeguards for minorities, backward and tribal areas, depressed classes
• Protection of territorial integrity per justice and international law
• India to contribute to world peace and welfare of mankind
🏗️ Institutional Arrangements
- The Assembly evolved a balanced arrangement among the executive, legislature and judiciary — leading to a parliamentary form of government and a federal arrangement distributing power between Centre and States.
- The framers borrowed widely from other constitutions but adapted every provision to Indian needs and problems — not “slavish imitation.”
📜 Dr. B.R. Ambedkar — On Borrowing (CAD, Vol. VII, 4 Nov 1948)
Nothing New Under the Sun
Ambedkar observed that a constitution framed so late in world history could not claim anything entirely new — its originality, if any, lies in the variations made to remove faults and adapt borrowed ideas to the needs of the country.
6. Provisions Adapted From Other Constitutions
🇬🇧 British Constitution
- First Past the Post electoral system
- Parliamentary form of government
- Idea of the rule of law
- Institution of the Speaker and her/his role
- Law-making procedure
🇺🇸 United States Constitution
- Charter of Fundamental Rights
- Power of Judicial Review
- Independence of the judiciary
🇮🇪 Irish Constitution
- Directive Principles of State Policy
🇫🇷 French Constitution
- Principles of Liberty, Equality and Fraternity
🇨🇦 Canadian Constitution
- Quasi-federal form (federal system with strong Centre)
- Idea of Residual Powers
💡 Key Point
Borrowing ideas was not imitation — each provision had to be defended as suited to Indian problems and aspirations. The Assembly was praised for being open to learning from the world without being parochial.7. Mind Map — Chapter 1 at a Glance
🗺️ Mind Map — Constitution: Why and How?
Chapter 1 — Constitution: Why and How?🤝 Coordination & AssuranceBasic rules
Legally enforceable
Legally enforceable
⚖️ Allocation of PowerWho decides?
Parliament’s authority
Parliament’s authority
🚫 Limits on GovernmentFundamental Rights
Emergency exceptions
Emergency exceptions
🌅 Aspirations & GoalsPreamble
Directive Principles
Directive Principles
🪪 National IdentityNo ethnic criterion
Centre–State relations
Centre–State relations
🏗️ Authority of ConstitutionPromulgation
Institutional design
Institutional design
🇮🇳 Constituent Assembly1946–1949
166 days · Objectives Resolution
166 days · Objectives Resolution
8. Summary — Quick Revision
1
A constitution provides basic, enforceable rules so a diverse society can coordinate and live together peacefully.
2
It specifies who has the power to make decisions and how the government is constituted — e.g., Parliament’s law-making authority.
3
It places fundamental limits on government power through Fundamental Rights, protecting citizens from arbitrary action.
4
Many modern constitutions, especially India’s, enable the government to pursue social justice and reduce inequality.
5
A constitution expresses the political and moral identity of a people — India’s is not based on ethnicity.
6
A constitution’s authority depends on its mode of promulgation, its substantive fairness, and balanced institutional design.
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India’s Constitution, made by the Constituent Assembly (1946–1949), drew legitimacy from the nationalist movement and the Objectives Resolution.
8
The framers borrowed and adapted ideas from Britain, the USA, Ireland, France and Canada to suit Indian needs.
9. Important Terms to Remember
- Constitution: A body of fundamental principles according to which a state is constituted or governed; specifies rules, power allocation, limits, and aspirations of a society.
- Fundamental Rights: Rights guaranteed to citizens that no government may violate — e.g., freedom of speech, conscience, association, and protection from arbitrary arrest.
- Directive Principles of State Policy: Guidelines directing the government to fulfil certain social and economic aspirations of the people.
- Constituent Assembly: The body that formally framed the Indian Constitution (Dec 1946 – Nov 1949), elected indirectly via Provincial Legislative Assemblies.
- Cabinet Mission Plan: The British plan that determined the composition and election method of the Constituent Assembly.
- Objectives Resolution: Moved by Nehru in 1946; summarised the core values — equality, liberty, democracy, sovereignty, cosmopolitan identity — later embodied in the Constitution.
- Public Reason: The practice of giving principled reasons to others (rather than pursuing narrow self-interest) during deliberation — central to the Constituent Assembly’s debates.
- Universal Suffrage: The principle that all citizens above a certain age can vote, regardless of religion, caste, education, gender or income — passed without debate in the Assembly.
- Quasi-Federal: A federal system with a strong central government — a feature adapted from the Canadian Constitution.
- Residual Powers: Powers not specifically assigned to any list, left with one level of government (in India, with the Union) — an idea borrowed from Canada.
- Living Document: A description of the Indian Constitution highlighting its ability to be amended within limits, balancing stability with adaptability (Chapter 9).