GRADE 7 – SOCIAL STUDIES – CIVICS HANDOUT

2023-24

UNIT 3: THE CONSTITUTION OF INDIA

What is a Constitution?
The term constitution is derived from French and Latin term constitutio which means to regulate or
order. To define constitution, it is a set of fundamental principles by which a country or state or
organization is governed. In simple words, a constitution is a set of rules that governs the people. The
most well-known Greek philosopher and the father of Political Science, Aristotle once observed: “To live
by the rule of the constitution ought to be considered not slavery but salvation.” People can enjoy
orderly living, freedom, prosperity and development only by living under a constitution of their own. Till
today, this continues to be a very valid observation.

Constitution of India
The Constitution of India is the supreme law of the land. It contains the fundamental rules that govern
its politics and society. Understanding the main features help us to grow into responsible citizens. The
Constitution was framed after much thought and deliberation, by the Constituent Assembly, under the
able guidance of Dr B.R. Ambedkar. The Constitution of India is one of the longest and most detailed
constitutions in the world. It ensures equality, justice and equal opportunities to all its citizens. The
Constitution of India is a growing document with the scope to change and adapt with the changing
times, keeping in mind the needs of the people, while retaining the original intention of the Constituent
Assembly.

The Constitution is a document that lays down the political values of a country, the rules for the
government and the rights of the citizen. It is the supreme law of the land. The British governed the
country before independence, according to rules that were similar to the rules followed in Britain. As
early as 1938, the need for a Constitution for free India was felt. Pandit Nehru proposed that the Indian
Constitution should be framed without interference from outside. He proposed that a body be created
on the basis of universal adult franchise to undertake this task.

KNOW MORE
The first Constitution of the world has its origin in a document called the Magna Carta, which
means the Great Charter. It was signed on 15 June 1215 by King John of England. It was the first
written document outlining the powers of the rulers and the rights of the ruled. Several
democracies all over the world have founded their constitutions on the basis of the Magna Carta.

History of the Indian Constitution

The Indian Constitution was drafted by the Constituent Assembly, a body that was indirectly elected
and represented the people of the different religions and social classes. The Constituent Assembly met
for the first time on the 9 December, 1946. The chairman of the Constituent Assembly was Dr. Rajendra
Prasad. A Drafting Committee of eight members was set up to study the constitutions of different
countries and consider how to deal with the cultural, linguistic and religious diversity of India. Dr. BR.
Ambedkar was the chairman of the Drafting Committee. He is considered to be the father of Indian
Constitution for the vital role he played in drafting the constitution. It took two years, eleven months
and eighteen days to complete the draft constitution and the new constitution was adopted on 26
November 1949. Thus, we celebrate the Constitution Day on 26th November every year. However, it
came into effect on 26 January, 1950 because of the date’s historic importance. Earlier on 26 January
1930, the Congress had pledged to fight for Poorna Swaraj (complete independence). With the
implementation of the Constitution, the Country has become republic and, thus, 26 January is
celebrated as the Republic Day every year.

Everything that the ruling party needs to know, in

order to govern the nation, is laid down in the
Constitution. This includes details like how many
members should be there in the parliament, the
number of states the rights of the central and state
governments and the rights and duties of Indian
citizens.

The Indian Constitution is the longest constitution in

the world. It consists of the Preamble, 25 parts, 470
articles, 12 schedules and 5 appendices (as on
October 2023). The Constitution also contains
provisions by which it can be amended. The Indian
Constitution is one of the most frequently amended
Constitution. Thus, it is constantly growing and Pandit Nehru signing the Indian Constitution in 1949
adapting to the needs of the time.

Our Constitution has often been called a 'bag of borrowings'. It has drawn from the constitutions of
many countries; the ideals of justice (social, economic and political) expressed in the preamble was
taken from the USSR, the directive principles of state policy were taken from Ireland, the ideals of
liberty, equality and fraternity were taken from the French Revolution, the emergency powers were
taken from Germany, the Preamble to our Constitution was inspired by the Preamble to the
Constitution of the United States of America, which also starts with ‘We the people’ and finally, the
fundamental rights recognized by our Constitution have been adopted, again, from the American
Constitution. The Indian Constitution recognizes six fundamental rights as the basic human rights of all
its citizens.

The Preamble
Our Constitution starts with a Preamble. The Preamble states that,

‘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, social, economic and political; liberty of
thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote
among them all fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give
to ourselves this constitution.’

The first line of the Preamble ‘We, the people of India’ and the last line ‘Adopt, Enact and give to
ourselves this Constitution’ imply that the power lies in the hands of the people. Since it draws
authority from the people, the people hold the ultimate power. However, the Preamble is not
enforceable by law. It means that no one can seek the help of the law for
violation of the Preamble. The importance of this document is that it is the key to interpret
the Constitution. It sets a goal before the nation and directs the policy-makers to act accordingly. It
expresses the source of power, that is the people, and explains the nature of the government.

The original text of the Preamble prior to the enactment of the 42nd Amendment of the Constitution

KNOW MORE
The Constitution of India was a handwritten document, and not typed and printed. The original
handwritten copies are kept in helium-filled cases in the Library of the Parliament House.
The following terms, included in the Preamble, explains the nature of the State.
 Sovereign: Sovereign means freedom from external control or independent. The people of India
are free from the control of a foreign power. The government is elected directly by the people
and the elected government makes all the laws of the land.

 Socialist: There should be social and economic equality and no one can be discriminated against
on the basis of caste, creed or gender. It ensures equal rights for everyone to earn their
livelihood. This was added to, by the 42nd Amendment Act in 1976, to bridge the gap between
the rich and the poor and raise the standard of living.

 Secular: The word secular was not in the original text of the Constitution. It was incorporated
through the 42nd Constitutional Amendment. It implies that the country has ‘no official religion’
and all religions are equal before the law. The government cannot favour any one religion.
Though India is a Hindu-majority country, people are free to follow other religions if they choose
to do so.

 Democratic: The government comprises leaders elected by the people. Each person from any
region or constituency, who is above the age of 18 years, has the right to vote for their
representatives to the government. The government is for the people, elected by the people
and looks after the well-being of the people.

 Republic: The head of the government is an elected representative i.e., the President of India.
This post is not hereditary and the President is elected for a fixed period of five years. India
became a Republic in 1950 after the enactment of the Constitution.

Soverign
freedom from
external control
Republic Socialist
the head of the social and
country is elected economic
by the people equality

Democratic Nature of Secular

government the no official
chosen by the Government religion of the
people country

The Preamble sets down clear objectives or goals for the government of the country. The primary aim
of the government is to enforce and establish justice, liberty, equality and fraternity. There should be
no discrimination on the grounds of caste, race, gender or religion, no discrimination on grounds of
economic status and all citizens, above the age of 18 years, have the right to vote for their
representatives in the government.
  Justice: Our Preamble talks about three kinds of justice. These are as below:
 Social Justice: It means prohibition of discrimination on the basis of caste, race, gender or
religion.
 Economic Justice: It aims to bridge the gap between the rich and the poor.
 Political Justice: It implies that irrespective of one's caste, creed, gender, social and
economic status, everyone has the equal right to vote and elect representatives.

 Liberty: it means every individual enjoys the right to freedom of thought, speech, religious belief
and to choose the occupation of their choice.

 Equality: It means the government does not discriminate people on the basis of caste, creed,
race and gender. All citizens are equal before the law and enjoy equal protection by the law.

 Fraternity: It aims at promoting the spirit of unity among the diverse groups of people. It is not
limited to Indians only. It also includes universal brotherhood. A spirit of fraternity or
brotherhood and unity is essential for a democracy to work.

Objectives of the
Government

Features of the Indian Constitution

Lengthiest Constitution: The Constitution of India is the lengthiest written Constitution in the world. It
originally had 395 articles in 12 parts and 8 schedules. With more than 100 amendments, this count has
increased considerably. Our Constitution is the most detailed Constitution in the world.

Flexible and rigid: Some parts of the Constitution can be amended by a simple majority in the
parliament. Some of it can be amended only by a two-third majority. Keeping in mind the vast
nature of India, the makers of the constitution made a provision to change certain parts of the
constitution. This was done because India is a vast country and the needs and requirements of the
people could change. The laws need to be changed to keep them from becoming obsolete.

Single citizenship: Unlike in the USA, where people have dual citizenship, making them citizens of a
state and the country, every person born in India is an Indian, irrespective of which state he or she
belongs to.

Secularism: This means that there is no state religion in India. Every individual is free to believe in, and
practice, any religion he/she belongs to. The Constitution of India assures the Indian citizens that the
state will not discriminate against any individual or a group on the basis of their religion.
Federalism: Federalism means there are more than one level of the government. In India, there are two
levels of government – the central and the state. The powers of the government are divided between at
the Central and the States. Their powers are clearly stated. Laws of national importance are made by
the Centre while the States have the authority to make laws suitable for the states. This is the federal
form of government.

Separation of Powers: During the 18th century, the French philosopher, Montesquieu, propagated the
idea of separating the powers of the three organs of the government. The Indian Constitution follows
this idea. The three organs of the government—the legislature, the executive and the judiciary have
powers and responsibilities clearly differentiated from each other in order to ensure smooth
functioning of the government. The legislature makes laws, the executive implements those laws, and
the judiciary enforces them. Thus, the three organs work effectively in tandem with each other.

Independent Judiciary: The judiciary, or the courts of law, is beyond the control of the prime
minister and the cabinet (executive). The executive cannot remove a judge and their salaries and
privileges cannot be tampered with.

Parliamentary form of government: The representatives of the parliament are elected by the
people. The real power rests with the executive and the executive is answerable to the legislature.
The prime minister is the real head of the nation, while the president is the ceremonial head.

The Constitution also enumerates the Fundamental Rights of the citizens along with the corresponding
Fundamental Duties. It also includes the Directive Principles of State Policy which are the guidelines for
the government.

GLOSSARY
1. Universal adult franchise - the right to vote should be given to all adult citizens without the
discrimination of caste, class, colour, religion or gender.
2. Amendment – a change, which means that something has been corrected, added or deleted.
3. Constituent Assembly - the body which writes the Constitution.
4. Constitution - a set of rules and regulations for governing a country.
5. Federal - two or more levels of the government a type of government.
6. Parliamentary form of government – a type of government where the Prime Minister and the
Council of Ministers are the members of the Parliament.
7. Preamble - the introduction to the Constitution of India.
8. Republic - a country where the head is elected by the people.
9. Sovereign - the power of a country to make laws and take decisions on its own without seeking
permission from any other country (independent country).

REFERENCE
1. Anuradha Bhattacharya (2018), Excursions: History and Civics (Grade 7), Collins: Noida
2. Vinita Kumar (2019), World of History and Civics: Social Science (Grade 6), Cordova: New Delhi
3. Image credit: Pandit Nehru signing the Indian Constitution in 1949
https://www.iaspaper.net/wp-content/uploads/2015/05/nehru_signing_indian_constitution.jpg
4. Image credit: Preamble of the Indian Constitution - Anuradha Bhattacharya (2018)

LINKS FOR EXTENDED READING

1. Know more about the Constitution of India in detail https://www.india.gov.in/my-
government/constitution-india