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Class 11 Constitution Part 2

This document summarizes key aspects of the Indian Constitution. It outlines provisions of the Constitution, including that it aims to give all members of society reason to follow its rules. It discusses balanced institutional design with checks and balances between branches of government. The document also describes how the Constitution was created by the Constituent Assembly and the process for electing members. Finally, it lists several other countries that influenced different parts of the Indian Constitution, such as borrowing the parliamentary system from Britain, directive principles from Ireland, and fundamental rights from the United States.

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656 views2 pages

Class 11 Constitution Part 2

This document summarizes key aspects of the Indian Constitution. It outlines provisions of the Constitution, including that it aims to give all members of society reason to follow its rules. It discusses balanced institutional design with checks and balances between branches of government. The document also describes how the Constitution was created by the Constituent Assembly and the process for electing members. Finally, it lists several other countries that influenced different parts of the Indian Constitution, such as borrowing the parliamentary system from Britain, directive principles from Ireland, and fundamental rights from the United States.

Uploaded by

Atique
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Class – 11 D

Subject – Political Science

Unit – 1. ( constitution : why and how?) part II

Teacher – Amit Kumar

Provision of the Constitution

 It gives everyone in society some reason to go along with its provisions.


 Allowed permanent majorities to oppress minority groups within society.
 Systematically privileged some members at the expense of others, or that systematically
entrenched the power of small groups in society, would cease to command allegiance.
 The more a constitution preserves the freedom and equality of all its members , the more
likely it is to succeed.

Balanced Institutional Design:

 This ensures that even if one institution wants to subvert the Constitution, others can check
its transgressions.
 Designing of a constitution is to ensure that no single institution acquires monopoly of
power.
 A system of checks and balances has facilitated the success of the Indian Constitution.
 Constitution must strike the right balance between certain values , norms and procedures
as authoritative , and at the same time allow enough flexibility in its operations to adapt to
changing needs and circumstances.
 Too rigid a constitution is likely to break under the weight of change- a constitution that is ,
on the other hand , too flexible , will give no security , predictability or identity to a people.

How was the Indian Constitution made?

 Constitution was made by the Constituent Assembly which had been elected for undivided
India.
 First sitting on 9 December 1946 and re- assembled as constituent assembly for divided
India on 14 aug. 1947.
 Members were elected by indirect election by the members of the Provisional Legislative
assemblies that had been established in 1935.

Cabinet Mission Plan;

 Each province and each princely state or group of states were allotted seats proportional to
their respective population roughly in the ration 1:10,00,000.
 The seats in each province were distributed among the three main communities , Muslims ,
Sikhs and General in proportion to their respective populations.
 Members of each community in the provisional legislative assembly elected their own
representatives by the method of proportional representation with single transferable
volte.
 The method of selection in the case of representatives of princely states was to be
determined by consultation.
Institutional arrangements
 The constituent assembly spent a lot of time on evolving the right balance among the
various institutions like the executive , the legislature and the judiciary .
 Adoption of the parliamentary form and the federal arrangement, which would distribute
governmental powers between the legislature and the executive on the one hand and
between the states and the central government on the other hand.

Provisions adapted from constitutions of different countries

Name of Countries Borrowed Features of the Constitution


         Britain  1. Parliamentary form of government
 2. The idea of the Rule of Law
 3. Law making procedure
 4. Single citizenship
5. First Past the Post
 6. Institution of the Speaker and her/ his role
 7. Parliamentary privileges
 8. Bicameralism
         Ireland  1. Directive Principles of State Policy
   2. Method of Election of the president
 3. Members nomination to the Rajya Sabha by the President
   Unites States of  1. Impeachment of the president
America  2. Functions of president and vice-president
 3. Removal of Supreme Court and High court judges
 4. Fundamental Rights
 5. Judicial review and Independence of judiciary
 7. The preamble of the constitution
  Canada  1. A quasi – federal form of government (federalism where the centre is
  stronger than the states)
 2. Residuary powers .
 3. Centre appoints the Governors at the states
 4. Advisory jurisdiction of the supreme court
  Australia  1. Concept of Concurrent list
   2. Article 108 i.e. Joint sitting of the two houses
 3. Freedom of trade and commerce
  USSR (Now Russia)  1. Fundamental duties
   2. The ideals of justice (social, economic and political),  expressed in the
Preamble.
  France  1. Concept of  “Republic”
   2. Ideals of Liberty, Equality and Fraternity(contained in the Preamble)

  Germany  1. Fundamental Rights are suspended during Emergency


 
  South Africa  1. Election of members of the Rajya Sabha
   2. Amendment of the Constitution
  Japan  1. Concept of “procedure established by Law”

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