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Our Constitution: Meaning, Adoption and Salient Features — notes

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1. Meaning and need of a constitution

  • A constitution is the fundamental law of a country.
  • It sets up the organs of government, limits their powers, protects the rights of the people and gives common rules for settling disputes.
  • Without one, rulers could decide everything and rights would be unsafe.
  • India's Constitution was framed by the Constituent Assembly, whose President was Dr Rajendra Prasad; the Drafting Committee was chaired by Dr B. R. Ambedkar.
Table of four jobs of a constitution: it sets up the organs of government, limits their power, protects rights and settles disputes
A constitution…In simple words
sets upthe organs of government: who makes, carries out and judges the laws
limitsthe power of every office, so no ruler can do as he or she pleases
protectsthe rights of the people against misuse of power
settlesdisputes by giving all a common set of rules
Why a country needs a constitution.

Key terms

Constitution

The fundamental law that sets up and limits government and protects rights.

Drafting Committee

The committee of the Constituent Assembly that prepared the draft of the Constitution.

2. Adoption and enforcement

  • The Assembly first met on 9 December 1946.
  • The Constitution was adopted on 26 November 1949 (now observed as Constitution Day).
  • It came into force on 26 January 1950, observed as Republic Day, about two months after adoption.
  • Why 26 January? On 26 January 1930 Independence Day had been observed after the call for Purna Swaraj (complete independence); the framers chose the same date to honour that pledge.
The Assembly years (positions drawn to scale by month).
Why 26 January was chosen.

Key terms

Adoption

Acceptance of the final text by the Constituent Assembly (26 November 1949).

Enforcement

The date from which the Constitution began to apply (26 January 1950).

3. Single citizenship

  • Every citizen of India is a citizen of India only; there is no separate State citizenship.
  • In a federation like the United States, a person is a citizen of the nation and of the State of residence: dual citizenship.
  • Single citizenship promotes unity: one status for all, a common national identity and easy movement across States.
  • Optional note: Overseas Citizenship of India is a special status with privileges; it is not dual citizenship and does not carry the vote.
Single and dual citizenship (schematic, not to scale).
Table of four questions about single citizenship and the answers for India, including that Overseas Citizenship of India is not dual citizenship
QuestionAnswer for India
Is there a State citizenship?No: only one citizenship, of India
If I move to another State?My citizenship does not change
What does it promote?National unity and a common identity
Is OCI dual citizenship?No: privileges only, no vote

Key terms

Single citizenship

One citizenship, of the nation, for every citizen of a federation.

Dual citizenship

Citizenship of both the nation and a State, as in the United States.

4. Universal adult franchise

  • Universal adult franchise: every adult citizen can vote, without discrimination of caste, religion, sex, education or wealth.
  • The minimum voting age is 18. The 61st Amendment (1988) lowered it from 21, with effect from 1989.
  • A voter must also be on the electoral roll.
  • Why it strengthens democracy: political equality (one adult, one vote), a government answerable to all, participation and legitimacy.
Voting age, drawn to scale (6 pixels per year).
Table comparing a limited franchise in an imagined kingdom with universal adult franchise: who votes, the conditions and the value of a vote
Limited franchise (imagined kingdom)Universal adult franchise
Who votesOnly property-owning menEvery adult citizen
ConditionsLand, tax or literacyCitizenship and age only
Value of a voteUnequalEqual: one adult, one vote

Key terms

Franchise

The right to vote.

Electoral roll

The list of eligible voters of an area.

5. Fundamental Rights

  • Fundamental because guaranteed by the Constitution and essential for a person's development; justiciable, so courts enforce them.
  • Six categories (as of 2024): Equality; Freedom; against Exploitation; Freedom of Religion; Cultural and Educational Rights; Constitutional Remedies.
  • The right to property was removed from the list by the 44th Amendment (1978).
  • Rights are subject to reasonable restrictions, for example in the interest of public order.
  • Constitutional Remedies: a citizen can move the Supreme Court or a High Court to enforce the other rights.
The six categories of Fundamental Rights (as of 2024).
Table of the six categories of Fundamental Rights with an example of each
CategoryExample
EqualityNo discrimination on grounds of caste or sex; untouchability abolished
FreedomSpeech and expression, peaceful assembly, forming associations, movement
Against ExploitationBan on forced labour and on child labour in hazardous work
Freedom of ReligionFreedom to profess, practise and spread one's faith
Cultural and EducationalMinorities may conserve their script and run schools
Constitutional RemediesThe right to move the courts to enforce the other rights
Table: seven categories of Fundamental Rights in 1950 including the right to property, and six since the 44th Amendment of 1978, as of 2024
PeriodCategories of Fundamental RightsNote
In 1950Seven (including the right to property)Original list
Since 1978Six (property removed)44th Amendment; as of 2024

Key terms

Justiciable

Capable of being enforced by a court.

Constitutional Remedies

The right to approach the courts to enforce Fundamental Rights.

6. Fundamental Duties

  • Added in 1976 by the 42nd Amendment on the recommendation of the Swaran Singh Committee.
  • Eleven duties as of 2024; the eleventh (parents and guardians to provide education to a child aged six to fourteen) was added by the 86th Amendment (2002).
  • Examples (in paraphrase): respect the Constitution, flag and anthem; protect the environment; safeguard public property; develop scientific temper; promote harmony.
  • Duties have no direct court remedy like rights, but they complement rights: rights are safe only when everyone respects them.
Number of Fundamental Duties, drawn to scale.
Table of the eleven Fundamental Duties in paraphrase with a short example of each
Duty (in short)Example
Respect the Constitution, flag and anthemStanding for the anthem
Cherish the ideals of the freedom struggleLearning about it
Uphold sovereignty, unity and integrityRejecting divisive acts
Defend the country and render national service when calledJoining relief work when asked
Promote harmony; give up practices that demean womenTreating all with respect
Value the heritage of a composite cultureProtecting monuments
Protect the environment; have compassion for living creaturesPlanting trees
Develop scientific temper, humanism, inquiry and reformTesting claims
Safeguard public property; give up violenceNot damaging a library
Strive for excellence in individual and collective workDoing a task well
Parents and guardians to give schooling to a child of six to fourteenSending a child to school
Rights and duties go together.

Key terms

Fundamental Duties

Civic obligations listed in the Constitution for every citizen.

Swaran Singh Committee

The committee whose recommendation led to the addition of the duties.

Exam tips

Common mistakes

  • Writing that the Constitution was adopted and enforced on one day.
  • Saying that Indians hold State citizenship.
  • Adding education or property to the conditions for voting.
  • Giving seven Fundamental Rights, or ten duties, without a date.
  • Saying that duties are enforced by courts in the same way as rights.

How marks are usually awarded

  • 1-mark items: one correct option or term.
  • 2 and 3 marks: one clear point per mark.
  • 10-mark questions in 3 + 3 + 4 parts: one clear point per mark; the last part usually needs a reason or an evaluation.