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Iefly Discuss The Historical Background of Indian Constitution

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1.

Briefly discuss the historical background of Indian Constitution

Background of Indian Constitution


In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as
the Nehru Report.

Most of India was under direct British rule from 1857 to 1947. Upon independence it became clear an new constitution was need
to be created. But for that the all of India needed to be bough into the union. This meant the the Princely States needed to be
convinced to become a part of the Indian union. Either by force or diplomacy. Sardar Vallabhai Patel and V.P Menon did this
unenviable task. Until this happened India was still legally a dominion under the British, responsible for external security

Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became
effective on 26 January 1950. India ceased to be a dominion of the British Crown and became a sovereign democratic republic
with the constitution.

Historical Evolution of the Indian Constitution


There are various layers in the background of the Indian Constitution:

 Regulating Act 1773


 Pitt’s India Act 1784
 Charter Act of 1813
 Charter Act of 1833
 Charter Act of 1853
 Government of India Act 1858
 Indian Councils Act 1861
 India Councils Act 1892
 Morley-Minto Reforms 1909
 Montague-Chelmsford Reforms 1919
 Government of India Act 1935
 Indian Independence Act 1947

2.Explain the need of Constitution for a Nation.

India’s Constitution is the supreme law of India. It defines the Government’s fundamental political
values, policies, processes, powers, rights, and duties. It conveys constitutional supremacy & not
parliamentary supremacy because it is not established by the Parliament but by a constituent assembly
and adopted by its citizens, with a declaration in its preamble.
The Constitution of India is the longest Constitution in the world. It had three ninety-five articles in
twenty-two parts and eight schedules at its beginning. It comprises of around 145,000 words making it the
world’s second-largest functioning constitution. It currently has a preamble, twenty-five parts with twelve
schedules, five appendices, four forty-eight articles & hundred and one amendments.
 It is important to have a Constitution for the following reasons:
 It is a significant rule of the nation. The relationship of people with governments is decided by
this.
 It sets down standards and procedures that are necessary to live in peace for individuals belonging
to various religious groups.
 It sets out how the government will be chosen and who will have the authority and duty to decide
things.
 It defines the parameters of the government’s control and informs us about people’s rights.
 It reflects the desires of individuals to create a good society.

3.Explain the salient features of Indian Constitution.

Salient Features Of Indian Constitution:


The Constitution is the set of law which describes the association of different entities within a state, i.e. the
executive, the legislature, and the judiciary. Not all nation states have codified constitutions.The Indian
Constitution is one of the lengthiest constitutions in the world and it is also very detailed. There are 12
schedules and 448 articles in our Constitution.
Features of Indian Constitution:
1.Longest written constitution
2.Preamble of the constitution
3.Fundamental rights and duties
4.Directive Principles of the state policies
5.Secular State
6.Democratic state
7.Republic state
8.Mixture of Federalism and Unitarianism
9.Rigidity as well as Flexibility
10.Adult-Suffrage
11.Single Citizenship
12.Independent judiciary
Longest written constitution:
The Constitution of India is the longest written constitution. It contains 448 articles in 25 parts, 12 schedules, 5
appendices and 98 amendments out of 120 Constitution Amendment Bills.
Preamble of the constitution:
The Preamble to the Constitution of India is a well drafted document which states the philosophy of the
constitution. It declares India to be a “Sovereign”, “Socialist”,“Secular”, “Democratic Republic” and a
“welfare state”dedicated to secure justice, liberty and equality for the people and for promoting fraternity,
dignity the individual, and unity and integrity of the nation. The Preamble is the key to the constitution.
Fundamental rights and duties:
The Part III of the Indian Constitution deals with fundamental rights.Fundamental Rights protect citizens
against the arbitrary and absolute exercise of power by the State. The Constitution guarantees the rights to
individuals against the State as well as against other individuals. The Constitution also guarantees the rights of
minorities against the majority.
The Constitution (42nd Amendment Act, 1976) has introduced a Code of ten “Fundamental Duties” for
Citizens. In 2002, one more duty was added to it. The fundamental duties are intended to serve as a constant
reminder to every citizen that while the Constitution has specifically conferred on them certain fundamental
rights, it also requires the citizens to observe certain basic norms of democratic conduct and democratic
behaviors.
Directive Principles of the state policies:
The Directive Principles of State Policy contained in Part IV are in the form of positive directions to the State
which the State shall strive to promote welfare of the people. They are not justiciable but they are fundamental
in the governance of the country. They aim to secure the ideals of social and economic justice mentioned in the
Preamble.
Secular State:
The term “Secularism” means no religion is recognized as the religion of the State. It treats all religions
equally. In a secular State the State regulates the relation between man and man. It is not concerned with the
relation of man with God.
Democratic state:
The term “democratic” indicates that the Constitution has established a form of government which gets
authority from the will of the people. The rulers are elected by the people. Justice, Liberty Equality and
Fraternity are the essential features of a democracy. The term Republic signifies that there shall be an elected
head of the State who will be the Chief Executive Head.
Republic state:
The Preamble declares India to be a Republic. India is not ruled by a monarch or a nominated head of state.
India has an elected head of state i.e. the President of India who exercises power for a fixed term of 5 years.
After every 5 years, the people of India indirectly elect their President.
Mixture of Federalism and Unitarianism:
India as a Union of States, the Constitution provides for a federal structure with a unitary spirit. India is a
‘Quasi-Federation’ or a ‘federation’ with a unitary bias, or even as ‘a Unitarian federation. Which means, a
division of powers between the centre and states. India is a federation with some Unitarian features. This
mixture of federalism-Unitarianism has been done keeping in view both the pluralistic nature of society and
the presence of regional diversities, as well as due to the need for securing unity and integrity of the nation.
Rigidity as well as Flexibility:
In Indian Constitution some types of laws can be made or amended with simple procedure of amendment
involving simple majority in the Parliament, while others need special majority, and still some others need
assent of both the Union and state legislatures. Thus, Indian Constitution is partly rigid and partly flexible,
striking a good balance in its federal polity. Such a nature of Constitution presents the elements of continuity
and change in the Indian Constitution.
Adult-Suffrage:
The concept of Adult suffrage allows every citizen of our country who is above eighteen years has the right to
vote in the elections. The age was 21 earlier but later it was amended. Every citizen above the age of 18 can
vote irrespective of their age, gender, caste, race, creed and religion.
Single Citizenship:
There is single citizenship provided to our citizens. Part 2 of the Indian Constitution, i.e. Article 5 to Article
11 of the Indian Constitution deals with citizenship. Single citizenship allows the persons to enjoy equal rights
in various aspects across the country. According to Article 5, the persons will be considered as citizens of the
territory of India, which ensures that there would be only single citizenship.
Independent judiciary:
The Judiciary ensures the proper functioning of the constitution and the enforcement of various provisions of
the Constitution. The Constitution makers ensured that Judiciary has to be independent so that it will not be
biased. The Supreme Court is considered as the watchdog of democracy.

4.Describe the importance of preamble. Explain the words in it.

A preamble is an introductory statement in a document that explains the document’s philosophy and
objectives.

In a Constitution, it presents the intention of its framers,the history behind its creation, and the core
values and principles of the nation.

The preamble basically gives idea of the following things/objects:

Source of the Constitution


Nature of Indian State

Statement of its objectives

Date of its adoption

Key words in the Preamble

We, the people of India:It indicates the ultimate sovereignty of the people of India.

Sovereignty means the independent authority of the State, not being subject to the control of any other
State or external power.

Sovereign: The term means that India has its own independent authority and it is not a dominion of any
other external power. In the country, the legislature has the power to make laws which are subject to
certain limitations.

Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a
mixed economy where both private and public sectors co-exist side by side. It was added in the Preamble
by 42 Amendment, 1976.

Secular: The term means that all the religions in India get equal respect, protection and support from the
state. It was incorporated in the Preamble by 42 Constitutional Amendment, 1976.

Democratic: The term implies that the Constitution of India has an established form of Constitution
which gets its authority from the will of the people expressed in an election.

Republic: The term indicates that the head of the state is elected by the people. In India, the President of
India is the elected head of the state.

5.State and explain the Fundamental duties mentioned in the Constitution.

1. Respect for the Constitution, the national flag and the national anthem;

2. Cherish the noble ideals of the freedom struggle;

3. Uphold and protect the sovereignty, unity and integrity of India;

4. Defend the country and render national service when called;

5. Promote the common brotherhood of all the people of India and renounce any practice

derogatory to the dignity of women;

6. Preserve the rich heritage of the nation’s composite culture;

7. Protect the natural environment and have compassion for living creatures;

8. Develop scientific temper, humanism and spirit of inquiry and reform;

9. Safeguard public property and abjure violence; and


10. Strive for excellence in all individual and collective activity.

11. Duty of the parents to send their children to schools for getting education.

Explain about the Drafting Committee of Indian Constitution.

Discuss the major sources of Indian Constitution.

How Indian Constitution is different from other country constitutions.

6.List and explain the Fundamental rights and their importance.

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They
are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable
by the courts, subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them


2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned
below:

1. Right to Equality (Article 14-18)


2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

1. Right to Equality (Articles 14 – 18)

Right to equality is one of the important fundamental rights of Indian constitution that guarantees equal rights for everyone,
irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and
insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes
the abolition of titles as well as untouchability.

Aspirants can read more about Right to Equality in the linked article.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to
citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
 3. Right against Exploitation (Articles 23 – 24)

 This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the
prohibition of children in factories, etc. This Constitution prohibits the employment of children under 14 years in
hazardous conditions.

 4. Right to Freedom of Religion (Articles 25 – 28)

 This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of
conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the
right to freely practice his or her faith, establish and maintain religious and charitable institutions.

 5. Cultural and Educational Rights (Articles 29 – 30)

 These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their
heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

 6. Right to Constitutional Remedies (32 – 35)

 The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe
upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can
even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

Article 12- 35 of Indian Constitution deal with ______________.

A) Fundamental Duties B) Fundamental Rights C) DPSP D) Legal Laws

An interpretation of the Constitution of India is based on the spirit of ( )

(a) Fundamental Duties (b) Fundamental Rights (c) Preamble (d) Federal System

Which of the following is not a feature of the Constitution of India?

(a) It is democratic (b) it is republic (c) it is federal (d) it is Presidential

The Fundamental Duties were included in the Indian Constitution by the _____ Amendment Act

1976.

A) 42 B) 44 C) 46 D) 48

The procedure for amending the Constitution of India is ( )

(a) Rigid (b) flexible (c) partly rigid and partly flexible (d) None of these
From ____________ Country Constitutional inspiration Fundamental Rights are framed.

A) Japan B) Canada C) USSR D) Ireland

Who was the chairman of the Constitution Drafting Committee? ( )

(a) Jawahar Lal Nehru (b) Dr B.R. Ambedkar

(c) Dr Rajendra Prasad (d) Sardar Vallabhai Patel

In 1600, _____________ Company came to India as a trading company from Britain.

A) The West India B) The British India C) The Dutch D) The East India

Which of the following is not included in the Fundamental Rights in the Constitution of India?

(a) Right to Property (b) Right to Freedom ( )

(c) Right against Exploitation (d) Right to Equality

The Directive Principles of State Policy are borrowed from _________________.

A) USA Constitution B) Canadian Constitution C) UK Constitution D) Irish Constitution

All speeches made in the House of People are addressed to ( )

(a) The Prime Minister (b) The Speaker


(c) Minister for Parliamentary Affairs (d) Respective Ministers

Right to Freedom is guaranteed in which article? ( )

(a) 17 (b) 19 (c) 18 (d) 20

Respect for National Anthem and National Flag is ( )

(a) Fundamental Dutiy (b) Fundamental Right

(c) Directive Principles of state Policy (d) federal concept

According to _______, State will strive to organize Panchayats in villages and will endow them

with such powers which enable them to act as units of self government.

A) Article 40 B) Article 43 C) Article 47 D) Article 49

‘Equal pay for equal work’ has been ensured in the Indian Constitution as one of the ( )

(a) Fundamental Right (b) Fundamental Duty

(c) Directive Principles of State Policy (d) Economic Right


Which of the following article of the Constitution cannot be suspended in any order in case of

emergency?

A) Articles 15 &20 B) Article 17 C) Article 32 D) Article 20 &21

Which of the following is not a fundamental duty mentioned in Article 51-A?

A) Uphold and protect the sovereignty, unity, and integrity of India.

B) Defend the country when called upon

C) Protect the natural environment

D) Establish the cooperative societies

The Provincial Autonomy was introduced in India through _____________.

A) Indian Councils Act, 1892 B) Indian Councils Act, 1909

C) Government of India Act, 1919 D) Government of India Act, 1935

The Indian Constitution has borrowed the idea of Fundamental Duties from _____________

The Preamble was amended by the 42 nd Amendment, 1976. [True / False] __________________.

The Constitution of India was adopted on _____________________

The person fondly known as the Chief Architect of the Indian Constitution is __ B. R. Ambedkar

In the Parliament of India Upper House in known as __________________

The President of drafting committee of the Indian Constitution was _ Dr. Rajendra Prasad
The Constitution of India came into effect from the date ___ 26th January, 1950

Current President of our Country is ___ Droupadi Murmu

The present retirement age of Judge of the Supreme Court of India is___________________

Part XVII of the Indian Constitutions explains about __ official language

The three organs of Indian Government are ______ Legislature_________________________,

_______________ Executive_______________ and________ Judiciary_________________________.

The constitution _________________ is the supreme law of the land.

The _______________________and __________________________are recognized as the bedrock of

Indian democracy.
__________________was the first state in India created on linguistic basis.

In the present Indian constitution, there are 448 articles in 25 parts_________ articles.

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