The Indian Constitution

 

The Indian Constitution

Class 8th 
Notes By Sahil Swe

 

The Indian Constitution: A Living Document of Democracy, Justice, and Unity

The Indian Constitution is not merely a legal document; it is the moral, political, and social foundation of the Indian Republic. Drafted in the aftermath of colonial exploitation, partition, and mass poverty, it represents a collective national resolve to build a democratic society based on justice, liberty, equality, and fraternity. With its length, detail, and adaptability, it remains the longest written constitution in the world and one of the most dynamic.

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The Meaning and Purpose of a Constitution

A constitution lays down the constitutive rules of a society. Just as rules define games like football or cricket, a constitution defines how a society governs itself, distributes power, resolves conflicts, and protects individual freedom. In modern democracies, the constitution is the supreme law, binding both the rulers and the ruled.

In India, the Constitution performs four core functions:

1. It expresses the ideals of the nation.

2. It defines the structure of the State.

3. It limits the power of government.

4. It protects minorities and individuals against majoritarian dominance.

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Historical Context: Why India’s Constitution Is Unique

The Indian Constitution emerged from a long anti-colonial struggle. Under British rule, laws were imposed without the consent of Indians, creating deep distrust of unchecked authority. This historical experience shaped the framers’ insistence on written rights, judicial safeguards, and constitutional supremacy.

The Constituent Assembly was formed in December 1946 and worked for nearly three years. Despite political disagreements, linguistic diversity, religious plurality, and the trauma of Partition, the Assembly demonstrated an extraordinary commitment to consensus. Dr. B. R. Ambedkar, Chairman of the Drafting Committee, ensured that the Constitution would act as a shield for the vulnerable, particularly Scheduled Castes, minorities, and women.

The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, symbolically linking the Republic to the legacy of the freedom struggle.

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The Preamble: The Soul of the Constitution

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic and commits the State to securing:

Justice – social, economic, and political

Liberty – of thought, expression, belief, faith, and worship

Equality – of status and opportunity

Fraternity – assuring dignity of the individual and unity of the nation

Though non-justiciable, the Preamble guides constitutional interpretation. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Preamble is part of the Constitution and reflects its basic structure.

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Federalism: Unity with Diversity

India follows a federal system with a strong Centre. Power is divided between the Union and the States through the Union List, State List, and Concurrent List. Unlike classical federations, Indian federalism is flexible, allowing the Centre to act decisively during emergencies while still respecting state autonomy.

In State of West Bengal v. Union of India (1963), the Supreme Court clarified that states are not subordinate agents of the Centre; both derive authority directly from the Constitution.

The introduction of Panchayati Raj institutions through the 73rd and 74th Constitutional Amendments further deepened grassroots democracy.

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Parliamentary Democracy and Universal Adult Franchise

India adopted the parliamentary form of government, where the executive is accountable to the legislature. The President functions as the constitutional head, while real power lies with the Prime Minister and Council of Ministers, collectively responsible to the Lok Sabha.

A revolutionary feature was universal adult suffrage from the very beginning. At a time when many newly independent nations hesitated to trust their populations, India placed faith in the political wisdom of its citizens. This decision transformed democracy from an elite concept into a mass movement.

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Separation of Powers and Checks and Balances

The Constitution divides State power among the legislature, executive, and judiciary, ensuring no single organ becomes authoritarian. While India does not follow a rigid separation, functional boundaries exist, reinforced through judicial review.

In Kesavananda Bharati, separation of powers was recognised as part of the basic structure, ensuring constitutional balance.

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Fundamental Rights: The Conscience of the Constitution

Fundamental Rights (Articles 12–35) protect individuals against arbitrary State action and social oppression.

Right to Equality

Articles 14–18 guarantee equality before law and prohibit discrimination. The abolition of untouchability under Article 17 represents a direct assault on caste-based injustice.

In Indra Sawhney v. Union of India (1992), the Court upheld reservations for backward classes while introducing the “creamy layer” principle to preserve equality.

Right to Freedom

Articles 19–22 protect speech, movement, association, and personal liberty. These freedoms are not absolute but subject to reasonable restrictions.

The landmark case Maneka Gandhi v. Union of India (1978) transformed Article 21 by linking liberty with fairness, reasonableness, and due process.

Right Against Exploitation

Articles 23 and 24 prohibit trafficking, forced labour, and child labour. In PUDR v. Union of India (1982), the Court held that economic compulsion leading to forced labour violates fundamental rights.

Freedom of Religion

India’s secularism does not mean hostility to religion but equal respect for all faiths. In S.R. Bommai v. Union of India (1994), secularism was declared part of the basic structure.

Cultural and Educational Rights

Articles 29 and 30 protect minority identity. In T.M.A. Pai Foundation v. State of Karnataka (2002), minority institutions were granted autonomy while maintaining educational standards.

Right to Constitutional Remedies

Article 32 empowers citizens to approach the Supreme Court directly. Dr. Ambedkar famously called it the “heart and soul” of the Constitution.

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Directive Principles of State Policy: The Vision of a Welfare State

The Directive Principles (Articles 36–51) guide the State toward social and economic justice. Though non-enforceable, they inspire legislation on education, labour welfare, public health, and poverty reduction.

In Minerva Mills v. Union of India (1980), the Court held that harmony between Fundamental Rights and Directive Principles is part of the Constitution’s basic structure.

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Secularism: Principled Distance

Indian secularism follows the idea of principled distance, allowing State intervention to reform religion while maintaining neutrality. This approach enabled reforms such as the abolition of untouchability and regulation of religious practices violating fundamental rights.

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Fundamental Duties: Civic Responsibility

Added by the 42nd Amendment (1976), Fundamental Duties remind citizens that rights come with responsibilities. In AIIMS Students Union v. AIIMS (2001), the Court held that duties help guide constitutional interpretation.

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The Basic Structure Doctrine: Safeguarding Democracy

The Basic Structure Doctrine ensures that Parliament cannot amend the Constitution in a way that destroys its core identity. Elements such as democracy, secularism, federalism, judicial review, and constitutional supremacy are beyond amendment.

This doctrine has acted as India’s strongest defense against authoritarianism.

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The Constitution as a Living Document

The Indian Constitution has evolved through amendments, judicial interpretation, and democratic practice. It adapts to changing times while preserving foundational values. As society grows, the Constitution grows with it—not as a static text, but as a living moral framework.

The Indian Constitution is a remarkable blend of idealism and realism. It acknowledges social inequalities while providing tools to overcome them. It limits power while enabling governance. Above all, it places human dignity at the centre of the Republic.

In the words of Dr. B. R. Ambedkar, the success of the Constitution ultimately depends not on its text, but on the people who operate it.

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1. Meaning of the Term “Constitutive”

What does “constitutive” mean?

The term constitutive refers to rules or principles that create, define, and give identity to a system. These rules are not optional; without them, the system itself would change or cease to exist.

In the context of society, constitutive rules define how a society is organised, governed, and regulated. A Constitution is a collection of such constitutive rules for a country.

Example of Constitutive Rules from Everyday Life

An everyday example of constitutive rules can be seen in games.

Example: Football

The rule that players (except the goalkeeper) cannot touch the ball with their hands is a constitutive rule.

If players start using their hands freely, the game is no longer football.

Similarly, traffic rules, classroom rules, or examination rules are constitutive in nature because they define how those systems function.

2. Why Did the People of Nepal Want a New Constitution?

The people of Nepal wanted a new Constitution because their old Constitution supported monarchy, where real power rested with the King rather than the people.

Key Reasons:

Nepal was ruled by a monarch, not a democratic government.

The 1990 Constitution vested executive power in the King.

A long people’s movement for democracy demanded popular sovereignty.

After abolishing monarchy in 2008, Nepal needed a Constitution that reflected:

Democratic values

People’s authority

Equality and rights

Therefore, a new Constitution was necessary to redefine Nepal as a democratic state, just as changing constitutive rules changes the nature of a game.

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3. Misuse of Power by the Class Monitor

How is the class monitor misusing his power?

The class monitor is misusing his power by:

Making false accusations

Targeting a classmate unfairly

Influencing the teacher’s decision for personal reasons

The monitor’s authority is meant to maintain discipline, not to harass or dominate others. His actions reflect arbitrary use of power, which is harmful in any democratic setup.

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4. Misuse of Power by a Minister

Let us analyse each situation:

(a) Refuses to sanction a project for sound technical reasons

✅ Not misuse of power

A minister has the authority to reject projects based on expert advice and technical feasibility.

This is a legitimate exercise of power.

(b) Threatens to send security staff to rough up his neighbour

❌ Misuse of power

Using official security for personal revenge is an abuse of authority.

It violates the rule of law and personal freedom.

(c) Calls the police station to stop registration of a complaint against his relative

❌ Misuse of power

Interfering with police work for personal benefit undermines justice.

This is a clear example of misuse of political power.

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5. Minority and Domination in the Classroom Storyboard

Who is in the minority?

In the storyboard, girls are in the minority.

How is the minority being dominated?

Decisions are taken by a simple majority vote.

Boys always win because they are numerically larger.

The interests and wishes of girls are ignored repeatedly.

This reflects tyranny of the majority, where majority power is used unfairly against a minority. Constitutions prevent such domination by protecting minority rights.

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6. Shabnam and the Importance of Self-Restraint

Why was Shabnam happy that she had not watched TV?

Shabnam was happy because:

She avoided temptation

She completed her studies

She acted in her long-term interest rather than short-term pleasure

Her happiness came from self-discipline and rational decision-making.

What would you have done?

A sensible choice would be to:

Prioritise studies

Avoid distractions

Make a rule for oneself that supports long-term goals

This example shows why societies also need constitutions—to protect them from impulsive decisions.

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7. Difference Between State and Government

Explanation

The State is a permanent political entity representing the people of a country.

The Government is a part of the State responsible for governing and enforcing laws.

For example, India as a State remains the same, but governments change after elections.

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Conclusion

These examples help us understand why constitutive rules and a Constitution are essential. They:

Prevent misuse of power

Protect minorities

Promote fairness

Encourage responsible decision-making

A Constitution ensures that power is exercised with limits, responsibility, and justice.

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