Write about the evolution and basic structures of constitution

Dear Student,

As per the text Indian constitution at work, Class XI, Evolution and basic structure of the constitution is as follows:


Constitution of India carries the legacy of our freedom struggle. Many of the acts which were passed by the British government played an important role in the development of the Indian constitution. We may give example of Charter acts, Pitt' s India act, Indian council acts etc.

  Further, it is important to note that number of provisions included in the Constitution were already agreed upon during the nationalist movement. The following steps were taken before Independence in the making of the Indian Constitution:

1. In 1928, Motilal Nehru and eight others drafted the constitution of India and presented Nehru Report which recommended bicameral legislature, division of powers between the center and states, autonomy to the provinces which were later included in the constitution drafted after Independence,
2. 1931 Karachi Session also established consensus on democratic structure with inclusion of right to freedom, equality, universal Adult Franchise.
3. Government of India Act 1935 was an important step towards the framing of Constitution as it provided for an All India federation with division of powers between the Provinces and British India.
4. 1937 Elections to the provisional  legislature provided experience of the working of legislative institutions and parliamentary form of government.
5. Most important steps towards framing the constitution was in the form of Objective Resolution passed by Pt. Nehru in 1946, which was endorsed and accepted by the Constituent Assembly and which summarised the aims and objectives to be included in the constitution of Independent India. It focussed on freedom,rights of the people, democracy and  sovereignty


Basic structure of the constitution:

a. The basics structure of the constitution, identifies certain basic principles or features of the Indian constitution which cannot be amended by the Parliament.
b. As per the judiciary Indian Parliament cannot violate the basic structure of the Indian constitution.
c. Most important basic structure which has been identified is the Chapter on Fundamental rights.
d. Fundamental rights are the basic rights without which no individual can develop himself/herself to the fullest extent possible. These rights are justiciable in nature and allow individual to lead a dignified life. They are broad and comprehensive and are guaranteed by the Constitution.
e. These rights are important for the very sustenance of Democracy in India ,as  they
allow every individual without any discrimination to exercise his franchise, to elect government and be elected to government. Right to equality, right to vote guarantees free and fair elections.
f. Fundamental rights like Right to religion, Cultural and educational rights safeguard the interest of the minorities and protect them from the possible suppression of the majority.
g. Most importantly, one can give example of Right to Constitutional Remedies which has been referred as the soul of Indian Constitution, which allows individual to approach judiciary if his rights are violated.
h. Further our eminent Jurists from time to time have broadened and evolved the basic structure doctrine.
i. They have identified besides Fundamental rights , ideals of Secularism, Socialism, Democracy, Republic, Sovereignty  as enshrined in the Preamble as the basic structure of the constitution.
j. Even the nature of federalism, division of powers between the centre and the states forms part of the basic structure.
k. It is important to note that the Supreme Court upheld the basic structure doctrine in the famous Keshvanada Bharthi case.

Regards
 

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