UNIT-1

INTRODUCTION TO CONSTITUTION

Q.1. What is the meaning of the term ‘Constitution’?

Ans: A constitution is a set of laws, rules, conventions, principles or guidelines to be followed
by the government and people. It ensures the protection of fundamental rights of the people
of India. The Indian Constitution came into force from 26th January 1950.
Dr. B. R. Ambedkar, a legal luminary and a constitutional expert was appointed as the
Chairman of the Constitution Drafting Committee, who put all his energy and efforts to
prepare the constitution. The draft was completed on 26th January 1949. This draft was kept
for discussion and suggestions for eight months before the public and the Constituent
Assembly. It took 2 years, 11 months and 18 days to complete the Constitution. From 26 th
January 1950 the Constitution came into force.

Q.2. Mention the Significance of Constitution.

Ans: The Constitution is crucial for establishing the legal framework of a state, defining the
structure and powers of government institutions, and protecting citizens' rights. It ensures
the separation of powers, promotes accountability, and prevents abuses of power by the
government. The Constitution safeguards individual freedoms, provides stability in
governance, and serves as the supreme law, invalidating any laws that contradict it.
Additionally, it provides mechanisms for amendments, allowing it to adapt to societal
changes while maintaining the rule of law. Ultimately, the Constitution is vital for
maintaining democracy, ensuring justice, and upholding the principles of fairness and
equality.

Q.3. Write a brief note on ‘Preamble’.

Ans: The Preamble to a constitution is a brief introductory statement that outlines the
fundamental principles, values, and purposes underlying the legal framework of a state. It
serves as a guide to interpreting the constitution and reflects the aspirations of the people it
governs.
In the Indian Constitution, the Preamble holds a special place. It was adopted by the
Constituent Assembly on November 26, 1949, and is a succinct summary of the core values
on which India’s democratic system is built. The Preamble to the Indian Constitution begins
with the words, "We, the people of India," signifying the democratic nature of the country.
This phrase emphasizes that the Constitution derives its authority from the people,
reinforcing the idea of popular sovereignty.
 Key Objectives in the Preamble:
1. Sovereign:
India is a sovereign nation, meaning it has full control over its own territory and is free
from external interference. The sovereignty of India was particularly significant after
gaining independence from British rule.
2. Socialist:
The term socialist reflects India’s commitment to social and economic equality. It aims
to reduce disparities in wealth and ensure that all citizens have access to resources and
opportunities for their well-being.
3. Secular:
India is a secular state, meaning there is no official religion. The government does not
favor any religion and guarantees freedom of religion to all citizens, ensuring equal
treatment of individuals regardless of their faith.
4. Democratic:
India is a democratic republic where the people elect their representatives through
regular, free, and fair elections. It guarantees political equality, ensuring that every
citizen has the right to vote and participate in the political process.
5. Republic:
The term republic signifies that India has an elected head of state, the President, rather
than a hereditary monarch. This reinforces the democratic principles upon which the
nation is founded.

 Core Values and Goals:

The Preamble further outlines the goals of the Indian Constitution, which include:
1. Justice:
The Constitution aims to ensure justice-social, economic, and political for all citizens. This
principle seeks to remove inequalities and ensure that all people, regardless of their
caste, creed, or background, are treated fairly.
2. Liberty:
It guarantees liberty of thought, expression, belief, faith, and worship, allowing citizens
the freedom to live according to their own ideals, provided they do not infringe on the
rights of others.
3. Equality:
The Preamble emphasizes equality, ensuring that no individual or group is discriminated
against. It advocates for equality before the law and equal opportunities for all citizens.
4. Fraternity:
The Preamble calls for promoting fraternity among citizens, fostering a sense of
brotherhood and unity, which is essential for social cohesion in a diverse country like
India.

Conclusion:
In conclusion, the Preamble to the Indian Constitution is a powerful expression of the
nation’s values, goals, and aspirations. It embodies the collective will of the people and sets
the direction for the governance of India. It not only reflects the vision of the framers but also
serves as a reminder of the promises made to the citizens of India.

Q.4. Explain the Features of Indian Constitution.

Ans: The features of the Indian Constitution are as follows:
1) The Longest Constitution in the World:
The Constitution of India has the distinction of being the most lengthy and detailed
Constitution document of the world. The constitution makers did not want to leave
out certain matters like doubts or controversies for the future legislation which made
the Indian constitution longest in the world.

2) Lawyers Paradise:
The Constitution of India is very detailed and complex. It may be difficult for a
common man to understand. Therefore it is alleged that Indian Constitution is
Lawyer’s Paradise, as lawyers gain importance.

3) Parliamentary Government with Elected Head of State:

The Parliament of India is the supreme legislative body of the country. The
Constitution provides for the parliamentary system of the government. The Indian
constitution places an elected President at the head of parliamentary system of
government and cannot be removed except for serious changes like violation of the
constitution.

4) Secular State:
The Constitution of India provides for a secular state. India does not have a State
(official) religion. It is neutral in religious matters. The citizens have got right to
practice any religion and worship any god.
 5) Universal Adult Franchise:
The Indian Constitution provides for universal adult franchise. All citizens of 18 years
and above can vote without any qualification. All communities are equal for the
purpose of franchise (voting).

6) Uniformity in Basic Administrative Matters:

There is uniformity in most important matters of administration. For example,
there is single integrated judicial system, uniformity in civil and criminal laws,
and common all-India services.

7) Fundamental Rights:
The Constitution of India guarantees these Fundamental Rights to every individual
irrespective of birth, caste, creed, gender, religion, race, language, region, age,
education, rich, poor etc.

8) Judicial Review:
The Supreme Court and the High Courts are the guardians of the Constitution. They
have also got right to interpret the provision of the constitution. The Constitution
gives powers to the Supreme Court and High Court to declare any Law passed by the
Legislature, and any Act of Executive, as null and void, if such laws or acts violate any
provision of the constitution. In other words, the Constitution emphasizes supremacy
of the judiciary.

9) Revolutionary in Nature:
The Indian constitution is revolutionary in nature. It has abolished several unjust
practices such as untouchability, Sati, bonded labour, etc. Also special facilities and
opportunities are provided for the upliftment of weaker sections of the society.

10) Single Citizenship:

The Constitution of India confers single citizenship. This enables the citizens to reside
and settle in any part of the Territory of India. Therefore, any person can inhabit in
any part of the country, take education, and join any profession or occupation.
Q.5. Enumerate the Basic Structure of Indian Constitution.
Ans: The structure of the Indian Constitution is a comprehensive framework that defines the
governance and legal system of the country.The constitution of India consists of a Preamble,
25 Parts containing 448 Articles with 12 Schedules, 5 Appendices and 106
Amendments.
The structure of Constitution is organized as follows:
1. Preamble:
The Preamble is the introductory statement of the Indian Constitution, which outlines
the objectives and values upon which the Constitution is based. The Preamble sets the
tone for the Constitution, emphasizing justice, liberty, equality, and fraternity as the
guiding principles of the Indian state.

2. Parts of the Constitution:

The Articles of the constitution make up the body of the constitution. Parts are
individual chapters in the constitution and each part focuses on specific issues of law. The
Constitution is divided into 25 parts, each dealing with different aspects of governance.
Some key parts include:
3. Schedules of the Constitution:
The Schedules in the constitution lists and categorizes the activity and policy of the
government. The Constitution contains 12 schedules, which provide detailed provisions
on specific matters. Some important schedules include:

4. Amendments:
An Amendment is a minor change or addition designed to improve a piece of legislation.
The Constitution of India can be amended by the Parliament, and the process is provided
under Article 368. Amendments can be made to various provisions of the Constitution,
provided they are passed by a majority of the members of both houses of Parliament, and
in some cases, the consent of the States is also required.

5. Appendices:
An Appendix (plural: Appendices) is a section at the end of a book or essay containing
additional information. The appendices of the Indian Constitution are:
 Appendix I: The Constitution (Application to Jammu and Kashmir) Order, 1954
 Appendix II: A restatement of the exceptions and modifications applicable to Jammu
and Kashmir
 Appendix III: Extracts from the Constitution (Forty-fourth Amendment) Act, 1978
 Appendix IV: The Constitution (Eighty-sixth Amendment) Act, 2002
 Appendix V: The Constitution (Eighty-eighth Amendment) Act, 2003