Topics in the Chapter
• Need of Constitution in a country
• Key Features of Indian Constitution
→ Introduction
→ Various Key Features of Indian Constitution
• Fundamental Rights
Why Does a Country Need a Constitution?
• A Constitution helps serve as a set of rules and principles that
all persons in a country can agree upon as the basis of the way in
which they want the country to be governed.
• The constitution also defines the nature of a country’s political
system. For example, Nepal’s earlier Constitution stated that the
country was to be ruled by the King and his council of ministers.
• The Constitution often lays down rules that guard against this
misuse of power by our political leaders. For examples: In the
Indian Constitution, many laws contained in the section on
Fundamental Rights.
• In a democracy, the Constitution also ensures that a dominant
group does not use its power against other, less powerful people
or groups.
• The Constitution helps to protect us against certain decisions
that we might take that could have an
adverse effect on the larger principles that the country believes
in. For example, it is possible that many people who live in a
democracy might come to strongly feel that party politics has
become so harsh that we need a strong dictator to set this right
however, in the long run, dictatorial rule will be not fit.
Key Features of Indian Constitution
Introduction
• The long experience of oppressive rule under the colonial state
convinced Indians that free India should be a democracy in which
everyone should be treated equally and be allowed to participate
in government.
• The Constituent Assembly was formed in 1946 which comprised
of 300 members who met periodically for the next three years to
write India’s Constitution.
→ Various things are kept in mind while drawing up Constitution
as the country was made up of several different communities who
spoke different languages, belonged to different religions, and
had distinct cultures.
Various Key features of India Constitution
1. Federalism: It means existence of more than one level of
government in the country. In India, there are three level of
government - centre, state and Panchayati Raj. The Constitution
defines the power of each government.
2. Parliamentary Form of Government: Constitution of India
guarantees universal adult suffrage
for all citizens means that the people of India have a direct role in
electing their representatives. Also,
every citizen of the country, irrespective of his/her social
background, can also contest in elections.
3. Separation of Powers: According to the Constitution, there are
three organs of the State - the legislature, the executive and the
judiciary.
→ The legislature refers to our elected representatives.
→ The executive are group of people who are responsible for
implementing laws and running the government.
→ The judiciary refers to the system of courts in this country.
• Each organ check other acts as a check on the other organs of
the State which ensures the balance of
power between all three.
4. Fundamental Rights: These rights protect citizens against the
arbitrary and absolute exercise of power by the State. These
rights are given to individuals against the State as well as against
other individuals.
→ The Constitution also guarantees the rights of minorities
against the majority.
5. Secularism: A secular state is one in which the state does not
officially promote any one religion as the state religion. India,
officially do not have any religion.Directive Principles of State
Policy
Directive Principles of State Policy: This section ensure greater
social and economic reform. It serve as a guide to the
independent Indian State to institute laws and policies that help
reduce the poverty of the masses.
The Fundamental Rights in the Indian Constitution
include:
• Right to Equality: All persons are equal before the law. This
means that all persons shall be equally protected by the laws of
the country.
→ It also states that no citizen can be discriminated against on the
basis of their religion, caste or sex.
• Right to Freedom: This includes the right to freedom of speech
and expression, the right to form
associations, the right to move freely and reside in any part of the
country, and the right to practise any profession, occupation or
business.
• Right against Exploitation: The Constitution prohibits trafficking,
forced labour, and children working under 14 years of age.
• Right to Freedom of Religion: Every person has the right to
practise, profess and propagate the religion of their choice.
• Cultural and Educational Rights: The Constitution states that all
minorities, religious or linguistic, can set up their own educational
institutions in order to preserve and develop their own culture.
• Right to Constitutional Remedies: This allows citizens to move
the court if they believe that any of their Fundamental Rights
have been violated by the State.
NCERT Solutions of Chapter 1 The Indian Constitution
1. Why does a democratic country need a Constitution?
Answer
A democratic country need a Constitution because:
→ It lays out the important guidelines that govern decision
making within the various societies of the country.
→ It lays down the ideals that form the basis of the kind of
country that its citizens aspire to live in.
→ It serves as asset of rules and principles as the basis by
which the country has to be governed.
→ It provides rules to safeguard the interests of minorities
and prevent any kind of domination by the majority on
minorities.
→ It lays down rules that guard against the misuse of power
by any politician leader.
→ It also provides rights to its citizens and protects their
freedom.
Look at the wordings of the two documents given below. The first
column is from the 1990 Nepal Constitution. The second column is
from the more recent interim Constitution of Nepal.
1990 Constitution of Nepal 2007 Interim Constitution
Part 7: Executive Part 5: Executive
Article 35: Executive Power: The Article 37: Executive
executive power of the Kingdom Power: the executive
of Nepal shall be vested in His power of Nepal shall be
Majesty and the Council of vested in the council of
Ministers. Ministers.
1.
What is the difference in who exercises 'Executive Power' in
the above two Constitutions of Nepal? Keeping this in mind,
why do you think Nepal needs a new Constitution today?
Answer
The difference in who exercises "Executive Power" in the given
two Constitutions of Nepal is that in the 1990 Constitution, this
power was vested in the King and his Council of Ministers, while in
the 2007 Interim Constitution of Nepal, "Executive Power"
changed hands to being vested only in the Council of Ministers,
thereby making Nepal a democracy from being a monarchy.
Nepal needs a new Constitution today because it is no longer a
monarchy. The older Constitution vested power in the King, but
when the country is now a democracy, a new Constitution is
needed to reflect the "democratic" ideals of Nepal that the
peoples' movement desired and fought for. In order to achieve
this, all its constitutive rules must be changed.
3. What would happen if there were no restrictions on the power
of elected representatives?
1. Answer
If there are no restrictions on the power of the elected
representatives the leaders might misuse the powers given
to them. The Constitution provides safeguards against this
misuse of power by our political leaders
4. In each of the following situations, identify the minority.
Write one reason why you think it is important to respect the
views of the minority in each of these situations.
(a) In a school with 30 teachers, 20 of them are male.
(b) In a city, 5 per cent of the population are Buddhists.
(c) In a factory mess for all employees, 80 per cent are
vegetarians.
(d) In a class of 50 students, 40 belong to more well-off
families.
Answer
(a) Female teachers are in minority. The female teachers
must be allowed space to voice their opinion so that their
efforts at teaching are not hindered by their minority status.
(b) Budhhists are in minority. Every individual has the right
to follow the religion of his/her choice. People of other faith
must respect the religion other than their own.
(c) Non-vegetrians are in minority. Food choice is personal
wish so he/she should have the freedom to eat what he/she
wants.
(d) Under privileged are in minority. Citizens cannnot be
discriminated by their birth so their views have to be
respected.
5. The column on the left lists some of the key features of the
Indian Constitution. In the other column write two sentences, in
your own words, on why you think this feature is important:
Significan
Key Feature ce
Federalism
Separation of Powers
Fundamental Rights
Parliamentary Form of
Government
Answer
Key features
1. Federalism: It ensures national unity and at the same time
allows individual progress. A federal government allows the
Centre to hold supreme power but its Constituent States
have some power as well.
2. Separation of Powers: This serves two purposes: firstly,
tyrannical use of power is avoided since it does not vest
power in any single authority. Secondly, the 3 organs of
power also work as a check on each other, thereby
maintaining a good balance.
3. Fundamental Rights: These are important because they
conform to a humane society. They also protect citizens
against arbitrary and absolute use of power by the State.
4. Parliamentary Form of Government: It upholds universal
adult franchise. This entails the fact that the people of a
country play a direct role in electing their representatives to
run the state as well as the nation.
