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VIII.Civics.Chapter16.Our Constitution.

Chapter16.Civics.Learning.
Our Constitution.
Rules and Laws
Family is the basic unit of society.  It comprises of various institutions and organizations at Anintable in the Pather of civics 16 Our Constitution different levels.The smooth functioning of all such units depends upon certain rules and laws which are recognized by a country or a community to regulate the actions of its members.  Think of what would happen if we all do not follow traffic rules while driving or walking on the road.  Every individual would feel unsafe.  We all need to follow rules and regulations to regulate our day to day life.  
Rule of law 
Rule of law means that every citizen of the country is equal in the eyes of law.  There is no discrimination on the basis of caste, religion, sex, social or economic status.  Everybody is required to follow a set of laws, be it the people or government officials or the elected representatives of people, who form the government.  In fact, the rule of law is the basic foundation of a democratic system and the basis of all types of equalities.  Therefore, the rule of law demands that those who are occupying positions of power should not be allowed to act in an arbitrary or an unlawful manner.  On the other hand, the common man should be provided protection by law to enable her / him to enjoy equal rights.  But let us not forget that equal rights are not possible without discharging equal responsibilities, 
The Constitution.
A constitution is a body of fundamental rules according to which the government of a country functions.  It contains the powers and functions of the various organs of the government and their mutual relationship.  It also defines the rights of the citizens and the relation between the government and its citizens.  Therefore, in the Indian democratic set-up, the Constitution is a pivot and the primary source of our laws.  It gives a detailed description of fundamental principles on the basis of which the laws are made and the country works.  Need of Constitution India is a vast country with various physical, cultural and social diversities.  Different people belonging to different regions, who speak different languages, have very different lifestyles.  Though different in beliefs and actions, they have many things in common.  Yet, they may or may not agree on all the issues.  Therefore, the Constitution provides a set of rules, principles and laws acceptable to almost all, as these basis of life and governance of the country.  It is a multipurpose document which caters to our needs,requirements,future aspirations and the ideals set before us.To meet these requirements  the Constitution serves the following purposes:
Defines the nature of a country's political system.
Provides certain important guidelines that help in decision making within a democratic set-up.
Lays down rules and provides safeguards against misuse of power and abuse of authority which leads to gross injustice by those in power.
Guarantees certain rights based on equality to establish social, political and economic justice.
Ensures that minority groups are not deprived of the benefits available to the majority group.  
Ensures that the majority group does not dominate the minorities.  al Guards our national interests.Does not allow dictatorial or biased decisions which may change the very basic structure of the constitution.
Plays a critical role in democratic societies towards the achievement of desired goals.  70 Vision and Values ​​of Indian Constitution The constitution of a country involving its distinctive features, culture and ethos.  The Constitutions of France and the US (United States) are the products of political revolutions.  But the British Constitution is not written as it is the outcome of gradual evolution.  Unlike the US and the UK United Kingdom), the Constitution of India is the result of serious deliberations of a representative body called the Constituent Assembly, which was an indirectly elected body.
Most of the members of this constituent assembly represented Hindus, Muslims, Sikhs, Anglo - Indians, Christians, Harijans, Parsis, etc.  The Assembly included eminent personalities like Jawaharlal Nehru, Vallabhbhai Patel, Dr.  Rajendra Prasad, Maulana Azad, K.M.  Munshi, J.B.  Kriplani, C. Rajagopalachari, Pattabhi Sitarammyya, Dr.  B.R.  Ambedkar, Dr.  S. Radhakrishnan, M. Gopala Swamy Ayyangar, etc.  There were 15 female members also in the Constituent Assembly like Sacheta Kriplani, Sarojini Naidu, Rajkumari Amrit Kaur, etc.  ) 293 hotel momese of Prominent members of the Constituent Assembly Do you know their names?  Some ideals are included in the Constitution of free India like commitment to democracy and zuarantee of justice, equality and freedom to all the people.  The makers of the Constitution were also very much concerned about feeding the starved clothing the naked and ending the exploitation of the already deprived and depressed sections of society.  Page.185.
Therefore, the Preamble was included in the beginning of the Constitution.  The Preamble an introduction to the Constitution and is non - justiciable.  It contains the political philosophy, aim objectives and basic purposes of the Constitution.  It is called the Soul of the Indian Constitutio the courts regard it as a key to interpret the Constitution.  Let us look at the Preamble to the Constitution of India.  
BLUEILLE CONSTITUTION OF THE 
We,the people of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen: JUSTICE, social, economic and political;  LIBERTY of thought, expression, belief, faith and worship: EQUALITY of status and of opportunity;  and to promote among them all;  FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;  IN OUR CONSTITUENT ASSEMBLY this twenty - sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.Page.186
achieve our national goals given in the Preamble.  
Let us study some of the salient features of the Indian Constitution that have been included The founding fathers of the Indian Constitution tried to incorporate the principles cherished by une leaders of the freedom struggle.  They also tried to adopt the best features of the Constitutions England, USA (United States of America), Canada, Ireland, etc.  Therefore, our Constitution is a combination of good features of several constitutions.  The needs and aspirations of the people have 150 been written into ideals and rules in the Constitution.  
Do you know?Features of Foreign Constitutions Borrowed by Indian Constitution.
The British Constitution 
Constitutional Head of the State like the Queen of UK.  
The idea of ​​Preamble.  
The Cabinet System.  
The Parliamentary type of Government.  
Bicameral Legislature.  
Making Lok Sabha (the Lower House) more powerful than Rajya Sabha (the Upper House).  Collective responsibility of the Council of Ministers.
Lok Sabha Speaker 
The privileges of the Members of Parliament.
The American Constitution 
Written constitution 
The Federal System 
Head of the State is called President.
Provision for a Supreme Court.
Provinces are known as States.
Rajya Sabha in India represents the States like the US Senate.
The Constitution of Canada 
India is known as Union of States.  
Constitution of Ireland 
Concept of Directive Principles of State Policy.  Canada.  Ireland.  
Constitution of USSR 
Fundamental Duties,Page 187.
Basic Features of Our Constitution
Unique Constitution
The chief characteristic of the Constitution of India is its uniqueness.  The best features of many existing constitutions of the world were modified and adapted to our nee the Constitution of India is a combination of many good points of several constitutions.  At the same time, the needs and aspirations of the people were also not ignored.  
The Lengthiest Constitution The Constitution of India is the lengthiest and the most detailed Constitution of the world.  It is divided into 22 parts and has 395 Articles and 12 Schedules.  The Constituent Assembly spent 2 years 11 months and 18 days to complete its final draft on November 26, 1949 but it was adopted and enforced on January 26, 1950.  Written Constitution Indian Constitution is a written constitution.  It was drafted and enacted by the Constituent Assembly, specially elected for this purpose.  It was presided over by Dr.  Rajendra Prasad Dr.  B.R.  Ambedkar was the Chairman of its Drafting Committee.  
Rigid and Flexible A constitution is called rigid or flexible on the basis of the procedure of its amendments.  A rigid constitution is one which cannot be amended easily.  On the contrary, a flexible constitution can be amended easily.  The strength of a rigid constitution is that it is stable and is a guarantee against hasty changes.  A flexible constitution is considered progressive in nature and helpful in development of the nation, keeping this in mind, the Constitution of India is a combination of both rigid as well as flexible.  It is not only a sacred document, that is, a framework for democratic governance but also an instrument that may require modifications.  Accordingly, there are three methods of amendment.  05 PROCEDURES OF AMENDMENT OF INDIAN CONSTITUTION 
1. By Simple Majority: Certain provisions of the Constitution can easily be changed by passing the amendment bill by simple majority, which means the bill should be approved by a majority of the members present and voting in both the  Houses of the Parliament.  
2. By Special Majority: The Amendment Bill shall have to be approved by both the Houses of the Parliament by (1) absolute majority of total membership and (ii) two - third majority of members present and voting.  Most of the provisions of our Constitution are amended by this method.  
3. Special Majority and Ratification: After the bill is passed by Special Majority in both the Houses of the Parliament, it may be approved by the legislatures of at least half of the total number of states.  Page 188
Whenever the need was felt, the Indian Constitution was suitably amended according to the plevant demands to achieve national goals or to eradicate certain evil practices, Abolition of Privy purse, Nationalisation of banks, Reservation for OBC's, Right to Information, Right to Education, servation  of seats in the local self - bodies for women are some examples which prove that Indian constitution is dynamic.  It is an ample proof of our commitment to transform India into a truly secular, socialist, democratic republic.  
Do you know?  The Kings of the Princely States, who merged them with India after independence, were paid a fixed annual amount of money as a stipend.  It was called Privy Purse.  
India. 
India is a Sovereign, Socialist, Secular and Democratic Republic En India is a sovereign state because the country is free from all external controls.  Internally, we are free to take our own decisions, no other country can dictate its policies or terms to us and no body can interfere in our internal affairs.  
India is a socialist state because socialism is one of the national goals to be achieved.  Thus, India is against exploitation in all forms and will try to establish economic justice, without being attached to any particular ideology.  
India is a secular state.  All religions enjoy equal freedom.  No discrimination is made on grounds of religion.  Right to Freedom of Religion is granted by our Constitution under the Fundamental Rights.  
India is a democratic state.  Our government is elected by the people and the administration of all religions are equal the country is carried out by the elected representatives of the people.  The government is run according to some basic rules.  
India is a republic because the Head of the State, i.e.  Our President (Rashtrapati) is an elected head from amongst the people.  On the other hand, inspite of being a democracy, England is not a Republic because its head of the state is hereditary king /queen. 

adopted this system on British pattern.  In a parliamentary democracy, there is a close relationship 
Parliamentary form of government 
We have parliamentary form of government both at the center and in the states.  In fact, we have between the legislature and the executive The Council of Ministers is constituted from amongst the members of the legislature.  It holds the office as long as it continues to enjoy the confidence of the Parliamentary Form of Government legislature.  In a parliamentary form of government, the head of the state, the President in case of India, is a nominal head.  Although, she / he enjoys many powers, but in practice all these powers are exercised by the Council of Ministers headed by the Prime Minister.  
Federal and Unitary The constitution of a federation is written and rigid and it divides powers between the center and the states.  There is an independent judiciary which interprets the constitution and settles the disputes.  Accordingly, India has a federal system but with a difference.  The Central Government, which is also called the Union Government, is so powerful that at times it appears that India is not really a federation but a unitary state.  However, the Constitution of India has several features of a federation A woman casting vote combined with the elements of a unitary state.  Some people describe India as a federation with a very strong central government.  
Do you know?  Universal Adult Franchise, i.e.  The Right to Vote was granted in 1950 to every citizen of India above the age of 21 years.  But 61st Amendment in 1988 lowered the age to 18 years, 
Universal Adult Franchise Universal Adult Franchise means that every citizen of India, who is 18 years and above, is entitled to vote in the elections, without any discrimination of caste, color, class,  religion or gender.  It is based on equality which is a basic principle of democracy.  This right enables all citizens to be involved in the governance of the country through their elected representatives.  
Single Citizenship in United States of America, there is double citizenship.  Every American is a citizen of his / his state and also of the United States.  But in India, we have single citizenship.  Therefore, every Indian 190
irrespective of the place where she / he lives, is a citizen of India.  There is no citizenship in the name of the states.  All the citizens of India can secure employment anywhere in the country.  People, who call themselves Punjabis, Marathis or Gujaratis, are called so because they speak these languages, and not on the basis of their citizenship.  
Single Integrated Judicial System India has a single integrated judicial system.  Unlike the judicial system of the United States, we do not have separate federal and state courts.  In our country, the entire judiciary is one hierarchy of courts.  The Supreme Court of India and the High Courts form a single integrated judicial structure with jurisdiction over all laws.  The High Courts have the right of supervision over the Subordinate Courts.  
India has an independent judiciary, free from the influence of the executive and the legislature.  The judges are appointed on the basis of their qualifications but they cannot be easily removed by the executive.  Therefore, a set procedure is followed about which you will read in Chapter 20 on judiciary.  
The Fundamental Rights, Direct Principles of State Policy and Fundamental Duties are also the basic features of the Constitution of India that prescribe the fundamental obligations of the state to its citizens and the duties of the citizen to the state.  We shall be learning about these vital elements of the Constitution in the next chapter 
Keywords 
draft a design / a preliminary form of writing subject to revision / review.  
governance: a method or system of government / management.  
hereditary: passing from parent to their offsprings.  
jurisdiction: the extent of the power to make legal decisions and judgments.
non - justiciable: matters that cannot be decided by a court.  Page 191






















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