Civics Ch-1 The Indian Constitution Notes

 
VIII – Civics  Ch-1
The Indian Constitution
 

Constitution : Meaning &Importance

 

Constitution : Meaning

*The constitution is a fundamental, living, legal document.

*It is a set of rules and laws according to which a country is governed.

*It is supreme law of a country.

*It constantly grows according to the needs, requirement and wishes of the people.

 

Need of constitution

The constitution is a important legal document because

1. It defines composition, powers and functions of the government.

It is essential for the smooth functioning of the administrative system.

It clearly explains the powers of central and state government.

 

2. It defines the country’s political system.

3. It tells us about the fundamental nature of the society.

4. It is source of our fundamental rights.

5. It contains safeguards against the misuse of political power.

6. It reflects the ideals that make the philosophy of the state.

7.It develops coordination, trust as all follow it.

8.These fundamental rules are essential for the stability and development of the country.

9. 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.

10 . Constitution protects the minorities.

Forms of Government

 

Democracy

*Democracy is a form of government in which rulers are elected by the people

*Democracy is the government of the people by the people , for the people .

*The basic idea behind democracy  is that people rule themselves by participating in the decision making process of the country.

*There are two basic types of democracy

Direct democracy

Indirect democracy

 

*Direct democracy

People participate directly in decision making process.

 

Indirect democracy

*They are also known as representative democracies.

*Democratic governments in today’s times are usually referred to as representative democracies.

*People do not participate directly they choose their representatives through elections to take decisions .

Monarchy

1. The monarch (king or queen) has the power to make decisions and run the government.

2.  It is a based on hereditary.

3. Kings and queens do not have to explain their actions or defend the decisions they take.

Constitutional  monarchy

In  constitutional  monarchy a country is ruled by  a  king  or  a  queen  but  the  country has a constitution which  the king follows.

Dictatorship

*It is a form of government where single person or party holds all the political powers.

*The powers of dictator are absolute. Such as china ,Cuba

Theocracy

*Theocracy  is a form of government where religious leaders

*These religious leaders represent the God.

Features of Indian Constitution

1. Federalism:

*This refers to the existence of more than one  level of government in the country .

*In India, we have governments at the  state  level and at  the centre.

* Pancha yati Raj is  the  third  tier of government.

*Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well.

*Constitution  specifies the functions , powers of each tier of government.

*All persons in India are governed by laws and policies made by each of these levels of government.

2.Parliamentary form of government

 

Our country adopted the parliamentary form of government.

*In this system elections held at regular intervals representatives are elected by the citizens on the basis of universal adult suffrage.

*This 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.

*In this system party with the highest number of representatives in parliament forms the government and lm  eader of ruling party becomes the prime minister.

*Prime minister and his cabinet holds the real executive powers.

*In this system executive is the part of legislature

*In this form powers are concentrated in cabinet so it is also called Cabinet Government

* This form of government has a head of state and head of government. They change after their terms are over

*In our country head of government is Prime Minister who has the real power.

The head of state is President. 

*It is also called a responsible form of government because council of ministers are collectively responsible to the parliament . lower house can dismiss the government  by introducing the no confidence motion against the government .

3. Separation of Powers:

There are three organs of the state. These are the legislature, the executive and the judiciary.

1. The legislature refers to our elected representatives.

2.The  executive  is  a  smaller  group of  people  who  are  responsible  for  implementing  laws  and running  the government.

3. The judiciary , refer  to  the system of courts  in  this country .

 *In order to prevent the misuse of power by any one branch of the  state, the constitution  says  t hat each of these organs should exercise different powers.

Through  this,  each  organ  acts  as  a  check  on  the  other  organs  of  the  state  and  this  ensures  the balance of power between all three.

4.Secularism

* A  secular  state  is  one  in  which  the  state  does  not  officially  promote  any   one religion as the state  religion.

*It does not  make any discrimination on religious grounds.

 

5. Fundamental Rights:

 

The Constitution of India Guarantees six Fundamental Rights to its citizens.

*These rights are fundamental because they have been incorporated in the fundamental law of the country . No Government can curtail them.

These rights  are important because of the following reasons :

* These rights aim to ensure the dignity of the individual.

* These rights have been made judiciable i.e.citizens can approach the courts in case of the violation of any of their fundamental rights

*Rights are important for the personal and common development

*Fundamental  Right,   therefore  protect  citizens  against  the arbitrary  and absolute exercise of power by  the state.

*The constitution, thus, guarantees the rights of individuals against the state as well as against other individuals.

Fundamental rights

 

1.Right to Equality(Art-(14 to 18)

2. Right to freedom (Art-19 to 22)

3.Right against exploitation(Art-23,24)

4. Right to freedom of religion (Art-25 to 28)

5. Right to constitutional remedies

6. cultural and educational rights.(Art-29,30)

(Portfolio Project – 1)

 

1. 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.

 Every person has access to all public places including playgrounds, hotels, shops

etc.

The State cannot discriminate against anyone in matters of employment. But there are exceptions to this.

The practice of untouchability has also been abolished.

2. 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.

3. Right against Exploitation:

The Constitution prohibits human trafficking, forced labour, and employment of children under 14 years of age.

 

4. Right to Freedom of Religion:

Religious freedom is provided to all citizens. Every person has the right to practise, profess and propagate the religion of their choice.

 

5. 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.

 

6. 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.

Importance Of Preamble

The Preamble of the Indian Constitution is significant as        

It states the objectives of the Constitution (justice, liberty, equality and fraternity)

*It explains the functioning of the government.

It clearly states India to be democratic, sovereign, republic, based on the sovereignty of the people. 

 

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