UNIT 1: The Constitution

Rajasthan Polytechnic (BTER) March 07, 2025

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UNIT 1: The Constitution

This unit focuses on the fundamental aspects of the Indian Constitution, its history, structure, and its interpretation. It covers the making of the Constitution, the importance of the Preamble, the Fundamental Rights and Duties of citizens, and the Directive Principles of State Policy.

1.1 Introduction to the Constitution

The Constitution is the supreme law of the land. It defines the political principles, government structure, the rights of citizens, and the duties of the state. The Indian Constitution is unique because it combines written and unwritten elements, ensuring the country's governance is in harmony with democratic principles.

  • Purpose: The Constitution establishes the framework for governance and lays down the basic rights of the citizens. It provides a system of checks and balances between the various organs of government: the Legislature, the Executive, and the Judiciary.
  • Supremacy: The Constitution is supreme, meaning all laws and actions taken by the government must align with it.
  • Written document: The Indian Constitution is a written document, unlike the British Constitution, which is unwritten and based on conventions.

1.2 The History of the Making of the Indian Constitution

The Indian Constitution was a result of the country's long struggle for independence. It was drafted after India gained independence from British rule in 1947.

  • Constituent Assembly: The process of drafting the Constitution began in 1946 with the formation of the Constituent Assembly. Dr. B.R. Ambedkar is known as the principal architect of the Indian Constitution. The Constituent Assembly took 2 years, 11 months, and 18 days to complete the Constitution, and it was adopted on 26th November 1949 and came into effect on 26th January 1950 (Republic Day).
  • Major Influences: The Constitution of India was influenced by various countries, including:
    • British Constitution (Parliamentary System, Rule of Law)
    • U.S. Constitution (Fundamental Rights)
    • Irish Constitution (Directive Principles of State Policy)
    • Canadian Constitution (Federal System)

The Constitution of India was designed keeping in mind the diverse, multi-lingual, multi-religious society of the country.

1.3 Preamble and the Basic Structure, and its Interpretation

The Preamble of the Indian Constitution

The Preamble is the introduction to the Constitution. It serves as the guiding light for the Indian democracy and encapsulates the ideals and values upon which the Constitution is based.

  • Text of the Preamble:
    • "We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens: Justice, Liberty, Equality, and Fraternity..."

Key Terms in the Preamble:

  1. Sovereign: India is independent and not under any external control.
  2. Socialist: Advocates social and economic equality.
  3. Secular: The state does not favor any religion.
  4. Democratic: The government is elected by the people.
  5. Republic: Head of the state is elected, not a hereditary monarch.
  6. Justice, Liberty, Equality, Fraternity: The Preamble ensures these ideals as the foundation for the functioning of the country.

Basic Structure Doctrine

The Basic Structure doctrine was introduced by the Supreme Court in the landmark case Keshavananda Bharati v. State of Kerala (1973). According to this doctrine:

  • The Basic Structure of the Constitution cannot be altered or amended by any government.
  • While the Constitution allows for amendments, certain principles like the rule of law, secularism, and democratic values cannot be changed.

1.4 Fundamental Rights and Duties and their Interpretation

Fundamental Rights

The Fundamental Rights are the basic rights guaranteed to every citizen of India under Part III of the Constitution. They ensure the protection of individual freedoms and liberties.

Types of Fundamental Rights:

  1. Right to Equality (Article 14–18): Provides equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
    • Examples: Equal protection of laws, abolition of untouchability, and prohibition of discrimination.
  2. Right to Freedom (Article 19–22): Ensures the protection of individual liberty, including freedom of speech, expression, assembly, and movement.
    • Examples: Freedom of speech, right to assemble peacefully, protection against arrest and detention.
  3. Right against Exploitation (Article 23–24): Prohibits human trafficking, forced labor, and child labor.
  4. Right to Freedom of Religion (Article 25–28): Guarantees religious freedom to all citizens.
  5. Cultural and Educational Rights (Article 29–30): Protects the rights of minorities to preserve their culture, language, and script.
  6. Right to Constitutional Remedies (Article 32): Provides the right to approach the Supreme Court to seek enforcement of fundamental rights.

Fundamental Duties

In addition to rights, citizens also have responsibilities or duties toward the state. These duties were incorporated into the Constitution through the 42nd Amendment Act of 1976 (Part IVA).

List of Fundamental Duties (Article 51A):

  1. Respecting the Constitution and national symbols.
  2. Safeguarding public property and abjuring violence.
  3. Promoting harmony and the spirit of brotherhood.
  4. Preserving the rich heritage of the country.

While Fundamental Rights are justiciable (can be enforced in a court of law), Fundamental Duties are non-justiciable.

1.5 Directive Principles of State Policy

The Directive Principles of State Policy (DPSPs) are guidelines or principles that the government should follow to promote the welfare of the people and create a just society. These principles are enshrined in Part IV of the Constitution (Articles 36–51).

  • Purpose: DPSPs are meant to guide the state in making laws that ensure social and economic justice.
  • Examples of Directive Principles:
    1. Right to adequate means of livelihood (Article 39(a)).
    2. Equal pay for equal work (Article 39(d)).
    3. Promotion of education and public health (Article 41).
    4. Protection of childhood and youth against exploitation (Article 39(e)).
    5. Living wage, decent standard of living, and social security (Article 43).

Difference Between Fundamental Rights and Directive Principles

  • Fundamental Rights are enforceable in courts, and they protect individual rights.
  • Directive Principles are non-justiciable (not enforceable in courts), but they are fundamental in the governance of the country. They act as a framework for the government to follow.

Conclusion

The Indian Constitution is the cornerstone of India's democracy and governance. It provides the framework for how the government works, the rights of citizens, and how laws should be made. Its history, the inclusion of a Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy ensure that India remains a sovereign, secular, democratic republic, where justice and equality are prioritized.

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Rajasthan Polytechnic (BTER)

Posted by Rajasthan Polytechnic (BTER)

Hi! I’m Garima Kanwar, founder of Rajasthan Polytechnic (BTER). This platform provides notes, PDFs, and video lectures for all Polytechnic branches (ME, CS, EE) and semesters to make learning easy .I ensure exam-focused, updated, and simple-to-understand content, along with academic updates and career guidance.

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