RBSE Class 11 Political Science Notes Chapter 1 Constitution: Why and How?

These comprehensive RBSE Class 11 Political Science Notes Chapter 1 Constitution: Why and How? will give a brief overview of all the concepts.

RBSE Class 11 Political Science Chapter 1 Notes Constitution: Why and How? Notes

→ Meaning of Constitution:
Each state has a Constitution of its own. The Constitution is a collection of those rules and regulations according to which the administration of the state is run. The administration of each state is run in accordance with certain rules and regulations. It is the fundamental law reflecting the will of the people. It determines powers and responsibilities of the state. It is in accordance with the Constitution that the state makes laws, executes them and punishes their breachers.

• According to Dicey, “the Constitution of the state consists of all rules which directly or indirectly affect the distribution or exercise of sovereign power in the state.”
• According to Dr. Finer, “Constitution is a system of fundamental political institutions.”

→ Constituent Assembly of India:
The Cabinet Mission 1946 recommended the setting up of the 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 9 December 1946. The Constituent Assembly adopted the National Flag on 22 July 1947. On 29 August 1947, a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar was appointed. After doing much labour, the draft of the Constitution was published in January, 1948. The members of the Constituent Assembly were given eight months to consider the draft of the Constitution. 

At last on 26 November 1949, the Constituent Assembly adopted the new Constitution of India. The new Constitution came into effect on 26 January 1950.

→ Adoption and Promulgation of the Indian Constitution:

• A draft of the Constitution was prepared in February 1948 and was presented before the Constituent Assembly on 21 February 1948. The draft was published in all the leading newspapers of the country to elicit public opinion. A national debate was held on the draft of the Constitution.
• On 4 November 1948, general discussion began on the draft. It continued till 17 October 1949. During this time, 7,635 amendments were presented out of which, 2,473 amendments were discussed. At last on 26 November 1949, the Constituent Assembly adopted the new Constitution of India. The Constituent Assembly took 2 years, 11 months and 18 days to frame the Constitution. The new Constitution came into effect on 26 January 1950.

→ Preamble
It is considered essential that every written Constitution should possess a Preamble. The Preamble contains the basic ideals and philosophical postulates of a Constitution. The Preamble to Constitution mirrors the spirit of the Constitution. The Indian Constitution also begins with a Preamble. The Preamble is essential because it serves the purpose of a window through which we peep into the intentions of the makers of the Constitution. It enables the people to assess and evaluate the performance of the government in the light of the objectives laid down in the Preamble.

→ Procedure of Amendment in the Indian Constitution
The process of amending the Constitution of India is given in the Art. 368. The method of amending the Constitution of India is neither very difficult nor easy. The framers of the Indian Constitution adopted the middle path and made the Indian Constitution neither too rigid nor too flexible.

There are three types of procedures of amending the Indian Constitution:

• Amendment by the Parliament by a simple majority
• Amendment by the Parliament by a 2/3rd majority
• Amendment by a special majority of the Parliament and ratification by more than 50% states of India

→ Meaning of Fundamental Rights
The legal rights stated in the Constitution are called Fundamental Rights. These rights are considered 
essential for the development of an individual. Citizens in India, Japan, America, Russia and Switzerland enjoy Fundamental Rights.

Part III of our Constitution mentions the following Fundamental Rights:

• Right to Equality
• Right to Liberty
• Right against Exploitation
• Right to Religious Freedom
• Right to Culture and Education
• Right to Constitutional Remedies

→ Fundamental Duties
By 42nd Amendment after part IV of the Constitution, part IV-A is inserted in the Constitution which lays down fundamental duties of the citizens. The fundamental duties are intended to serve as a constant reminder to every citizen that while the Constitution specially confers upon him/her certain fundamental rights, the citizens are also required to observe certain basic norms of democratic conduct and democratic behaviour. In 2002 by Amending the Constitution (86th Amendment), one more duty has been added in the Fundamental Duties. Therefore, now 11 fundamental duties of the citizens have been enumerated in article 51-A of the Constitution.

→ Directive Principles of State Policy
The Directive Principles of State Policy are included in Part IV (Articles 36-51) of the Constitution. The Directive Principles of State Policy are general directives to the Government of India which they should keep in mind while formulating policies and making laws. Directive Principles are in the nature of affirmative instructions to the government to direct its activities to certain things. Directive Principles are non- justiciable. There is no legal force behind Directive Principles.

→ Differences between Fundamental Rights and Directive Principles

• Fundamental Rights are justiciable, Directive Principles are not.
• Fundamental Rights are mandatory, while Directive Principles are optional.
• Fundamental Rights concern the individual, while Directive Principles concern the society.
• The aim of Fundamental Rights is political democracy but that of Directive Principles is economic democracy.