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CHAPTER 01
THE INDIAN CONSTITUTIN
Introduction: History of the Constitution.
The Indian Constitution is one of the most comprehensive
documents of its kind. Apart from being the longest, it is also
famous for containing all minute details governing the Indian
state.
Before Independence, India consisted of two entities: the
British government and the princely states. It is the Constitution
which formally ended these two distinctions and created the
Union of India.
The Constitution of India is its Lex loci, i.e. the parent of
all laws in India. This basically means that all laws of Parliament
and state legislatures derive their authority from the Constitution.
Even the three pillars of the Indian state – legislature, executive
and judiciary- derive authority from the Constitution.
Without the Constitution, we would not have the administrative
machinery which runs India. Even the fundamental rights and
duties of the people would not exist without the Constitution.
History of Indian Constitution
The history of the Constitution of India is very insightful as it
explains exactly how it came into being. It also explains why
India chose the Parliamentary form of democracy in its modern
form.
The British came to India in the 17th century initially for trading
only. Eventually, after slowly gaining more power, they attained
All right copy reserved. No part of the material can be produced without prior permission
the rights to collect revenue and govern themselves. In order
to do this, they enacted various laws, rules and regulations.
According to the Charter Act of 1833, the Governor General of
Bengal became the Governor General of India. It also created
a Central Legislature, which, in a way, made the British
supreme rulers of India.
The rule of the Company itself finally ended with the
Government of India Act in 1858. As a result, the British Crown
became ruler of India and administered the country through its
government.
The Indian Councils Acts of 1861, 1892 and 1909 started
giving representation to Indians in the Viceroy’s councils. They
also restored legislative powers back to some provinces. In
other words, they adopted decentralization of powers between
the Centre and the provinces.
The Government of India Act, 1919
According to this Act, legislative councils came into existence
in all provinces of the government. In other words, the British
adopted a bicameral structure with separate central and
provincial governments. This was also the first time when
people could elect their own representatives through
direct elections. The Constitution later adopted this quasi-
federal and bicameral structure.
The Government of India Act, 1935
The enactment of this law is one of the most important events
in the history of the Constitution. Firstly, this law divided
powers of governance into a Federal List, a Provincial List and
All right copy reserved. No part of the material can be produced without prior permission
a Concurrent List. Even the Indian Constitution adopted such
division of powers between the Central and state governments.
Secondly, this Act granted more autonomy of self-governance
to the provinces. It even established the Federal Court, which
we now refer to as the Supreme Court of India.
The Indian Independence Act of 1947
This Act marks the final step in the departure of the British
from India. India became a truly independent and sovereign
state after this Act. The Act established governments at the
central and provincial levels. It also laid down the foundation of
the Constituent Assembly.
Constituent Assembly
Members of the provisional assemblies indirectly elected
members of the Constituent Assembly. This assembly served
as the first ‘Parliament’ of independent India and first met on 9
December 1946 in Delhi. After Independence, the Assembly
elected Dr Rajendra Prasad as its Chairman and began
drafting the Constitution.
Dr Ambedkar became the head of the Drafting Committee.
This is why he is called the Father of the Constitution. After
more than two years of deliberations, the Assembly finally
approved the Constitution on 26 November 1949. This is why
we celebrate this day as Constitution Day today.
The Assembly finally adopted the Constitution on 26 January
1950. India formally became a sovereign republic that day.
This is why we celebrate 26 January as India’s Republic Day.
All right copy reserved. No part of the material can be produced without prior permission
Preamble of our Constitution:
All right copy reserved. No part of the material can be produced without prior permission
Lists mentioned in our Constitution
What is the Concurrent List?
The Constitution of India has provided for a division of powers between the Central
and state governments. Under the Seventh Schedule, there are three lists – the
Union, State and Concurrent.
1. The Union List has a range of subjects under which the Parliament may make
laws. This includes defence, foreign affairs, railways, banking, among others.
2. The State List lists subjects under which the legislature of a state may make
laws. Public order, police, public health and sanitation; hospitals and
dispensaries, betting and gambling are some of the subjects that come under
the state.
All right copy reserved. No part of the material can be produced without prior permission
3. The Concurrent List includes subjects that give powers to both the Centre
and state governments. Subjects like Education including technical education,
medical education and universities, population control and family planning,
criminal law, prevention of cruelty to animals, protection of wildlife and
animals, forests etc. However, given that there can be conflict when it comes
to laws passed by Parliament and state legislatures on the same subject,
the Constitution provides for a central law to override a state law.
FUNDAMENTAL RIGHTS MENTIONED IN OUR CONSTITUTION.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also
includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees the freedom to citizens. The freedom right includes many rights such as:
â€ĸ Freedom of speech
â€ĸ Freedom of expression
â€ĸ Freedom of assembly without arms
â€ĸ Freedom of association
â€ĸ Freedom to practise any profession
â€ĸ Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the State has the right to impose reasonable
restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labour. It
also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of
children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, establish and maintain religious
and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without
any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
All right copy reserved. No part of the material can be produced without prior permission
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.
FUNDAMENTAL DUTIES MENTIONED IN OUR CONSTITUTION.
1. Abide by the Constitution and respect national flag & National Anthem
2. Follow ideals of the freedom struggle
3. Protect sovereignty & integrity of India
4. Defend the country and render national services when called upon
5. Sprit of common brotherhood
6. Preserve composite culture
7. Preserve natural environment
8. Develop scientific temper
9. Safeguard public property
10.Strive for excellence
11.Duty for all parents/guardians to send their children in the age group of 6-14
years to school.
===============
All right copy reserved. No part of the material can be produced without prior permission

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The Indian Constitution Class 8 Free Study Material PDF.pdf

  • 1. CHAPTER 01 THE INDIAN CONSTITUTIN Introduction: History of the Constitution. The Indian Constitution is one of the most comprehensive documents of its kind. Apart from being the longest, it is also famous for containing all minute details governing the Indian state. Before Independence, India consisted of two entities: the British government and the princely states. It is the Constitution which formally ended these two distinctions and created the Union of India. The Constitution of India is its Lex loci, i.e. the parent of all laws in India. This basically means that all laws of Parliament and state legislatures derive their authority from the Constitution. Even the three pillars of the Indian state – legislature, executive and judiciary- derive authority from the Constitution. Without the Constitution, we would not have the administrative machinery which runs India. Even the fundamental rights and duties of the people would not exist without the Constitution. History of Indian Constitution The history of the Constitution of India is very insightful as it explains exactly how it came into being. It also explains why India chose the Parliamentary form of democracy in its modern form. The British came to India in the 17th century initially for trading only. Eventually, after slowly gaining more power, they attained All right copy reserved. No part of the material can be produced without prior permission
  • 2. the rights to collect revenue and govern themselves. In order to do this, they enacted various laws, rules and regulations. According to the Charter Act of 1833, the Governor General of Bengal became the Governor General of India. It also created a Central Legislature, which, in a way, made the British supreme rulers of India. The rule of the Company itself finally ended with the Government of India Act in 1858. As a result, the British Crown became ruler of India and administered the country through its government. The Indian Councils Acts of 1861, 1892 and 1909 started giving representation to Indians in the Viceroy’s councils. They also restored legislative powers back to some provinces. In other words, they adopted decentralization of powers between the Centre and the provinces. The Government of India Act, 1919 According to this Act, legislative councils came into existence in all provinces of the government. In other words, the British adopted a bicameral structure with separate central and provincial governments. This was also the first time when people could elect their own representatives through direct elections. The Constitution later adopted this quasi- federal and bicameral structure. The Government of India Act, 1935 The enactment of this law is one of the most important events in the history of the Constitution. Firstly, this law divided powers of governance into a Federal List, a Provincial List and All right copy reserved. No part of the material can be produced without prior permission
  • 3. a Concurrent List. Even the Indian Constitution adopted such division of powers between the Central and state governments. Secondly, this Act granted more autonomy of self-governance to the provinces. It even established the Federal Court, which we now refer to as the Supreme Court of India. The Indian Independence Act of 1947 This Act marks the final step in the departure of the British from India. India became a truly independent and sovereign state after this Act. The Act established governments at the central and provincial levels. It also laid down the foundation of the Constituent Assembly. Constituent Assembly Members of the provisional assemblies indirectly elected members of the Constituent Assembly. This assembly served as the first ‘Parliament’ of independent India and first met on 9 December 1946 in Delhi. After Independence, the Assembly elected Dr Rajendra Prasad as its Chairman and began drafting the Constitution. Dr Ambedkar became the head of the Drafting Committee. This is why he is called the Father of the Constitution. After more than two years of deliberations, the Assembly finally approved the Constitution on 26 November 1949. This is why we celebrate this day as Constitution Day today. The Assembly finally adopted the Constitution on 26 January 1950. India formally became a sovereign republic that day. This is why we celebrate 26 January as India’s Republic Day. All right copy reserved. No part of the material can be produced without prior permission
  • 4. Preamble of our Constitution: All right copy reserved. No part of the material can be produced without prior permission
  • 5. Lists mentioned in our Constitution What is the Concurrent List? The Constitution of India has provided for a division of powers between the Central and state governments. Under the Seventh Schedule, there are three lists – the Union, State and Concurrent. 1. The Union List has a range of subjects under which the Parliament may make laws. This includes defence, foreign affairs, railways, banking, among others. 2. The State List lists subjects under which the legislature of a state may make laws. Public order, police, public health and sanitation; hospitals and dispensaries, betting and gambling are some of the subjects that come under the state. All right copy reserved. No part of the material can be produced without prior permission
  • 6. 3. The Concurrent List includes subjects that give powers to both the Centre and state governments. Subjects like Education including technical education, medical education and universities, population control and family planning, criminal law, prevention of cruelty to animals, protection of wildlife and animals, forests etc. However, given that there can be conflict when it comes to laws passed by Parliament and state legislatures on the same subject, the Constitution provides for a central law to override a state law. FUNDAMENTAL RIGHTS MENTIONED IN OUR CONSTITUTION. 1. Right to Equality (Articles 14 – 18) Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability. 2. Right to Freedom (Articles 19 – 22) Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees the freedom to citizens. The freedom right includes many rights such as: â€ĸ Freedom of speech â€ĸ Freedom of expression â€ĸ Freedom of assembly without arms â€ĸ Freedom of association â€ĸ Freedom to practise any profession â€ĸ Freedom to reside in any part of the country Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them. 3. Right against Exploitation (Articles 23 – 24) This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions. 4. Right to Freedom of Religion (Articles 25 – 28) This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions. 5. Cultural and Educational Rights (Articles 29 – 30) These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination. 6. Right to Constitutional Remedies (32 – 35) The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can All right copy reserved. No part of the material can be produced without prior permission
  • 7. approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights. FUNDAMENTAL DUTIES MENTIONED IN OUR CONSTITUTION. 1. Abide by the Constitution and respect national flag & National Anthem 2. Follow ideals of the freedom struggle 3. Protect sovereignty & integrity of India 4. Defend the country and render national services when called upon 5. Sprit of common brotherhood 6. Preserve composite culture 7. Preserve natural environment 8. Develop scientific temper 9. Safeguard public property 10.Strive for excellence 11.Duty for all parents/guardians to send their children in the age group of 6-14 years to school. =============== All right copy reserved. No part of the material can be produced without prior permission