Chapter 1 OUR CONSTITUTION STD-IX

SCOPE OF SYLLABUS
Definition of the Constitution- i. Date of Adoption ii. Date of Enforcement and iii. Significance of January 26
Features of the Constitution- i. Single Citizenship ii. Universal Adult Franchise iii. Fundamental Rights and
iv. Fundamental Duties.
Directive Principles of State Policy (DPSP)- i. Its Meaning ii. Welfare State.
CONSTITUTION OF INDIA (Definition)
• It is a comprehensive document containing the set of rules according to which the government of a
country runs.
• It regulates the position and powers of the three organs of the government- The Legislative, The
Executive and The Judiciary.
• The aim of the Constitution is to ensure smooth governance for the welfare of its citizen.
THE FRAMING OF CONSTITUTION OF INDIA
• The Constitution of India was framed by the Constituent Assembly.
• On the basis of ‘Cabinet Mission Plan’ the Constituent Assembly was constituted.
• The first sitting of the Constituent Assembly was presided over by Dr. Sachidananda Sinha, the oldest
sitting member of the Central Assembly.
• The Muslim League boycotted the Constituent Assembly to demand the separate Muslim-majority
nation-State called Pakistan.
• The Muslim League wanted a separate nation (Pakistan) for India’s Muslims because it feared that an
independent India would be dominated by Hindus.
• Dr. Rajendra Prasad became the President of the Constituent Assembly and Dr. Bhimrao Ambedkar
became the chairman of its Drafting Committee on December 11, 1946.
• Dr. Bhimrao Ambedkar, popularly known as Babasaheb, was one of the Architects of the Constitution
of India.
• Babasaheb incorporated the following Principles in the Constitution of India: -
1. Making the Indian Constitution workable, flexible and strong enough to hold the country together
both in peace and in war.
2. Providing special safeguards to the minorities and certain classes who are socially and educationally
backward.
3. Incorporating the Right to Constitutional Remedies to ensure that the Fundamental Rights of the
individuals are not infringed by the Centre of State Government.
4. Single Citizenship, single judiciary and uniformity in fundamental laws to integrate Indian Society.
5. Incorporating Directive Principle to ensure social and economic democracy and welfare of the people
of India.
TIME TAKEN
• It took 2-years 11-Months and 17-Days for the Constituent Assembly to finally pass the Constitution.
• At the time of its signing, the Constitution consisted of 395-Articles in 22 parts and 8-Schedules.
• Now the Constitution of India has 448-Articles in 25 Parts and 12-Schedules.
IMPLEMENTATION OF THE CONSTITUTION
• Date of Adoption of the Constitution : 26th November, 1949
• Date of enforcement of the Constitution : 26th January, 1950
SIGNIFICANCE OF JANUARY 26
• At the Lahore Session on January 26 in 1929, the Congress for the first time had given a call for Purna
Swaraj or Complete Independence.
• Since then, the day was celebrated as Independence Day up to 1947.

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Chapter 1 OUR CONSTITUTION STD-IX
• Once India got freedom on 15th August, 1947 this day become Independence Day and 26th January came
to be known as Republic Day.
THE PREAMBLE
• The Preamble is the introductory part of the Constitution.
• The Preamble of the India describes the ‘Soul and spirit’ of the Constitution.
• It reveals the intention of the framers of the Constitution and its basic features as well as ideals of the
nation.
• Though the Preamble is not the operative part of the Constitution, it has a hold on the government.
This is because when there is a dispute regarding the interpretation of the text of the Constitution,
explanation given in the Preamble comes in handy.
• The Objective Resolution of making India a ‘Sovereign’, ‘Democratic’ and ‘Republic’ was introduced in
the Constituent Assembly by Pt. Nehru.
• After some changes by the Amendment Act (42nd Amendment) 1976, the terms ‘Socialist’, ‘Secular’
and ‘Integrity’ were added to the Constitution.
MEANING OF THE TERMS
Sovereign: - It means that India has its own ‘Supreme Power’ and not a subject of any other state or country.
Democratic: - The term implies that India has chosen a form of government in which people have a say as to who
should hold power and how it should be used.
Republic: - A republic means a form of government in which the head of the State is not hereditary, but is directly or
indirectly elected by the people.
In India the head of the state (President) is indirectly elected by directly elected members of the Parliament and the
State Legislative Assembly for a fixed period of five years.
Socialist: - The expression Socialist signifies the meaning of ‘fair distribution of National income to all sections of the
society’.
Secular: - The word ‘SECULAR’ incorporated in the Preamble to the Constitution to imply that all religions enjoy equal
respect and recognition from the State.
IDEALS OF THE PREAMBLE OF THE INDIAN CONSTITUTION
Justice It ensures that every citizen gets his or her due in a society which is free from prejudice and
(Social, Economic partiality.
and Political)
The Constitution guarantees freedom of thought, expression, faith, belief and worship to every
Liberty
Indian.
(Freedom)
The Constitution guarantees equality of status and opportunity for the development of persons.
Equality All Indians are equal before law.

It Guarantees to generate a spirit of brotherhood among all sections of the people.

Fraternity
FEATURES OF THE CONSTITUTION
WRITTEN AND LENGTHIEST CONSTITUTION IN THE WORLD
SINGLE CITIZENSHIP
• All Indians, no matter which state they are residing in, are citizens of India.
• USA does not allow this system. In USA, a person can be a citizen of a state as well as of the country.
• In India, we do not follow this, so that there is a feeling of fraternity and unity amongst the citizens.
• All citizens of India, who have migrated to other countries after January 26, 1950 have been granted
dual citizenship, are entitled to all privileges except the right to vote.

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Chapter 1 OUR CONSTITUTION STD-IX
UNIVERSAL ADULT FRANCHISE
• All Indians, 18 years or above have the right to vote irrespective of their caste, creed, colour, religion
etc.
• During the time of British Rule, this was not followed instead there was provision for communal
electorates.
• Once we got independence our constitution introduced Universal Adult Franchise.
• Some Constituencies (A ‘Constituency’ is an area comprising a certain number of people
who are represented by a member to the Lok Sabha or to the State Assembly) of the country
have seats reserved for representatives of the Schedule Caste and Schedule Tribes.
• People belonging to those Constituencies have to vote for such candidates only in order to promote
communal harmony.
FUNDAMENTAL RIGHTS
• Fundamental Rights are included in Part-III of the Constitution.
• They are basic human rights which are important for all round development of an individual. All
citizens of India are entitled to these rights.
• They are classified into the following categories: -
1. The Right to Equality (Article 14-18): - The Right to Equality has four components.
• Equality before Law (Article 14)
The law will consider everyone equal and will protect everyone equally without any discrimination.
Note: Article-15: Prohibits discrimination on grounds mentioned in Article-14.
• Equality of Opportunity (Article 16)
No discrimination among citizen in matters of jobs under Central and State Governments. Certain
reservations are there for Schedule Caste-15% and Schedule Tribes-7.5% and OBCs-27%.
• Abolition of Untouchability (Article 17)
Untouchability has been abolished and cannot be practiced in any form. According to law, no one
can be stopped from entering a place of worship or using Public Transport.
• Abolition of Title (Article 18)
Titles like Rai Saheb or Maharaja have been abolished except meritorious titles like “Bharat Ratna”.
2. Right to Freedom (Article 19-22)
(a) There are 6-most important freedoms (Article 19) which come under the Right to Freedom.
i. Freedom of speech and expression.
ii. Freedom to assemble peacefully without arms.
iii. Freedom to form associations and unions.
iv. Freedom to move freely throughout India.
v. Freedom to reside and settle in any part of India.
vi. Freedom to practice any profession, trade or business.
Each of these freedoms have to be in accordance to the law. For example: - Freedom to reside and settle in
any part of the country does not mean that one can remove the tribal communities and settle in their
territory and also in the case of Jammu and Kashmir, where only bonafide residents of that State can buy or
sell land.
(b) Protection in Respect of conviction for Offences: Under Article-20 the following protections are
available to a citizen: -
• Against greater penalty than what is prescribed under the law is prohibited.
• No one can be punished or prosecuted for the same offence twice.
• A person cannot be compelled to be a witness in the case where he himself is accused of the
offence.
(c) Protection of Life and Personal Liberty.
(d) Protection against Arrest and Detention: -
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Chapter 1 OUR CONSTITUTION STD-IX
(i) Ordinary Circumstances:
• To be informed of his / her offence.
• To be presented before a magistrate within 24-hours form the time of arrest.
• The right to consult a lawyer and prepare for defense at the trial.
(ii) Preventive Detention: Under this the detained person can be kept in custody for 3-Months without trial.
Such a person has the following rights:
• Preventive Detention does not mean that person stands accused. It is only a precautionary measure.
• Detention beyond 3-Months can be extended only by an Advisory Board consisting of a judge of the
High Court.
• Grounds of Detention has to be specified and the Detainee informed of these grounds.
3. Right Against Exploitation (Article-23 and 24)
• This right prevents exploitation against individuals.
• Freedom from slavery, beggary or any other form of forced labour. (Article 23-a)
• Prohibition of buying and selling of human beings and using girls or women for immoral purposes.
• Prohibition on employment of children below the age of 14 to work in factories, mines and other
hazardous occupations.
4. Right to Freedom of Religion (Articles 25 to 28)
• All citizens of India have the right to profess, practice and propagate their religion without fear.
• Any religious sect can set up and manage religious and charitable institutions. Movable and
immovable property can also be acquired by it and this property should be managed according to
law.
• No taxes can be imposed on anybody for the spread of any religion.
• If any institution is being managed by the funds provided by the Government, then it cannot impart
religious instruction.
• The religious belief and teachings imparted in the educational institutes, which are receiving funds
from the Government, cannot be forced on anybody.

5. Cultural and Educational Rights (Articles 29 and 30)

Article-29 Article-30
Protection of Interest of Minorities Rights of Minorities to Establish and Administer
Educational Institutions
i. Minorities have the right to protect their i. All Minorities can set up and manage educational
distinct language script and culture. institutions.
ii. They cannot be denied admission in schools ii. While giving financial aid and help Government
which are managed or receiving funds by the cannot discriminate.
Government on the basis of religion, caste,
colour or creed.

6. Right to Constitutional Remedies (Article-32)

• This right allows the citizens to go to the Supreme Court or High Court if their Fundamental Rights
are violated.
• The Court can issue Writs for the enforcement of Fundamental Rights.

Note: The Right to Constitutional Remedies is described as the ‘Heart and Soul of the
Constitution’ by Dr. Bhimrao Ambedkar.

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Chapter 1 OUR CONSTITUTION STD-IX
WRIT
A ‘Writ’ is a formal written order issued by the Supreme Court and High Courts to provide legal remedies to
individuals who do not obtain adequate protection under ordinary laws.
IMPORATANT WRITS
TYPES OF WRITS MEANING OF THE WORD PURPOSE OF ISSUE
Habeas Corpus You may have the body To realize a person who has been detained unlawfully
whether in prison or in private custody.
Mandamus We command To secure the performance of public duties by lower
court, tribunal or public authority.
Writ of Certiorari To be certified To quash (to void or suppress) the order already passed
by an inferior court, tribunal or quasi-judicial authority.
Writ of Prohibition Stay Order To prohibit an inferior court from continuing the
proceedings in a particular case or it has no jurisdiction
to try.
Quo-Warranto What is the Authority? To restrain a person from holding a public office which is
OR ‘By What Order’ not entitled.

7. Right to Education
• The Constitution Act, 2002 (86th Amendment), Article 21(A) granted this Right.
• It States that the State shall provide free and compulsory education to all children of the age of 6 to
14 years.
8. Right to Property
• This Right is no longer a Fundamental Right.
• The 44th Amendment Act 1978, does not recognize the Right to Property as a Fundamental Right.
Implied Fundamental Right
A right which is part of a named Fundamental Right or has the same basic nature or character is known as
an ‘Implied Fundamental Right’.
Right to Information (RTI) [Article 19 (1)]: -
• Right to Information is an Implied Fundamental Right.
• It is a part of Freedom of Speech and Expression.
• The Right to Information came into effect on October 12, 2005.
• Under the ‘Right to Information’ Citizens of India have the right to: -
i. Seek and receive information from the government and other public authorities.
ii. Ask them certain questions.
iii. Take copies, including certified copies of documents.
iv. Inspect documents.
v. Take sample of material.

Note: Any citizen can file an application under RTI with the Public Information Officers (PIOs), Assistant Public
Information Officers (APIOs) and seek the required information.

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Chapter 1 OUR CONSTITUTION STD-IX
RESTRICTIONS AND SUSPENSION OF THE FUNDAMENTAL RIGHT

RESTRICTIONS SUSPENSION
• During National Emergency, when the • During National Emergency, when the
country is under the threat of war, country is under the threat of war,
external aggression of armed rebellion. external aggression of armed rebellion,
• If the security of the state is threatened Fundamental Rights are suspended.
then the Parliament can change the way • Emergency is declared by the President.
the Fundamental Rights are used by the • Once the Emergency is over, the
Police Force or Armed Force. Fundamental Rights are restored to
• Certain laws like MISA (Maintenance of individuals.
Internal Security Act), DIR (Defence of • During an Emergency, the Supreme Court
India), PDA (Preventive Detention Act), and High Courts cannot issue ‘Writs’.
ESMA (Essential Service Maintenance • The Court can also not issue any other
Act), created for the safety of the country orders for the enforcement of
but they restrict and curb the use of Fundamental Rights during an
Fundamental Rights. Emergency.

FUNDAMENTAL DUTIES
• Fundamental duties are certain obligation on the part of a citizen which he or she owes towards the
State so that the individual may not overlook his duties to the community while exercising his
Fundamental Right.
• The Fundamental Duties were added to the Constitution by the 42nd Amendment Act,1978 and
inserted in Part-IV of the Constitution.
• The Article 51-A of the Constitution states the following [10+1=11] Duties of a citizen: -
1. To abide by the constitution and respect its ideals and institutions, the National Flag and National
Anthem.
2. To cherish (to treat with affection) and follow the noble ideals.
3. To uphold and protect the Sovereignty, Unity and Integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and spirit of common brotherhood amongst all the people of India.
6. To value and preserve the rich heritage of our composite culture.
7. To protect natural environment.
8. To develop scientific temper, humanism and spirit of enquiry.
9. To safeguard public property and abjure (give up) violence.
10. To strive towards excellence in all spheres of individuals and collective activity.
11. Duty of the parents to provide education to his child of 6 to 14 years of age. [This Clause was added
by the Constitution Act, 2002 (86th Amendment), Article 21(A)].
IMPORTANCE OF FUNDAMENTAL DUTIES
1. It creates awareness amongst people regarding their social and economic responsibilities.
2. To make the citizens realize what is right and what is wrong for their country, towards their fellow
citizens and for themselves.
3. To make people realize about their cultural heritage.
4. To keep the unruly elements of society within control.
5. To awaken patriotism and harmony amongst citizens in the country.
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