This MCQ module is based on: Salient Features, Authority & Exercises
Salient Features, Authority & Exercises
This assessment will be based on: Salient Features, Authority & Exercises
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Chapter 1 · Constitution: Why and How? — Part 3: Authority, Features & Exercises
Why does the Indian Constitution still command authority more than seven decades after its adoption? Because it was crafted by credible leaders, built around just substantive provisions, and balanced through intelligent institutional design. This part closes the chapter with the salient features of the Indian Constitution, the conclusion, and full model answers to all NCERT exercises.
3.0 The Authority of a Constitution — Three Tests
We have outlined some of the functions a constitution performs. They explain why most societies have a constitution. But three further questions remain:
- What is a constitution?
- How effective is a constitution?
- Is a constitution just?
In most countries, the ‘Constitution’ is a compact document containing a number of articles about the state, its powers, and the norms it should follow. When we ask for the constitution of a country, we usually mean this document. But some countries — the United Kingdom, for example — do not have a single document called “the Constitution.” They have a series of documents and decisions that, taken together, perform the same job. So a constitution can be defined as the document or set of documents that together perform the constitutional functions we discussed in Part 1.
But many constitutions exist only on paper. The crucial question is: how effective is a constitution? What gives it real impact on people’s lives? Three factors are decisive: the mode of promulgation, the substantive provisions, and balanced institutional design.
3.1 Mode of Promulgation — Who Wrote It, and How
The first test is: how did the constitution come into being? Who crafted it, and how much authority did they have? In many countries, constitutions remain defunct because they were drafted by military leaders or unpopular regimes who lacked the ability to carry the people with them.
The most successful constitutions — in India, South Africa and the United States — were created in the aftermath of popular national movements. Although India’s Constitution was formally created by a Constituent Assembly between December 1946 and November 1949, it drew on a long history of the nationalist movement that had a remarkable ability to bring together different sections of Indian society. The Constitution drew enormous legitimacy from the fact that its framers enjoyed immense public credibility, were able to negotiate, and convinced people that the document was not an instrument for personal aggrandisement.
3.2 The Substantive Provisions — Does Everyone Have a Reason to Go Along?
It is the hallmark of a successful constitution that it gives everyone in society some reason to go along with its provisions. A constitution that allowed permanent majorities to oppress minorities would give those minorities no reason to follow it. A constitution that systematically privileged some members at the expense of others, or that locked in the power of a small group, would soon lose its moral authority. If any group feels its identity is being stifled, it will cease to abide by the constitution.
No constitution by itself achieves perfect justice. But it must convince people that it provides the framework for pursuing basic justice. The more a constitution preserves the freedom and equality of all its members, the more likely it is to succeed.
3.3 Balanced Institutional Design — Fragmenting Power
Constitutions are often subverted not by the people, but by small groups who want more power. Well-crafted constitutions fragment power intelligently so that no single group can capture the constitution. The most common technique is to ensure that no single institution acquires a monopoly of power. The Indian Constitution does this both horizontally — across the Legislature, Executive and Judiciary — and vertically, by setting up an independent Election Commission?, the office of the Comptroller & Auditor General?, the Union Public Service Commission and other autonomous bodies.
Three further questions can be asked when we want to know whether a constitution has authority:
- Were the people who enacted it credible?
- Did the constitution organise power intelligently, so that it cannot be easily subverted?
- Is the constitution the locus of the people’s hopes and aspirations — in other words, is it just?
3.4 The Right Balance — Rigid versus Flexible
A constitution must strike the right balance between certain values, norms and procedures as authoritative, while at the same time allowing enough flexibility to adapt to changing needs and circumstances. Too rigid a constitution will break under change; too flexible a constitution will give no security, predictability or identity to a people.
The Indian Constitution has been described as a living document. By striking a balance between the possibility of changing its provisions and the limits on such changes, it has survived as a document respected by the people. It has been amended over a hundred times, and yet its basic structure — democracy, secularism, judicial review, federalism, the rule of law — has been preserved.
3.5 Salient Features of the Indian Constitution
Drawing the threads together, here are the most important features that make the Indian Constitution what it is:
1. Longest Written Constitution
The Indian Constitution is the longest written constitution in the world. Its detailed provisions reflect the diversity and scale of India.
2. Sovereignty of the People
The Preamble begins with “We, the people? of India.” All authority flows from the people.
3. Sovereign, Socialist, Secular, Democratic Republic
India is described in the Preamble as a sovereign, socialist, secular, democratic republic — with the words ‘socialist’ and ‘secular’ added by the 42nd Amendment, 1976.
4. Parliamentary Democracy
The executive is responsible to the legislature. The Prime Minister and Council of Ministers must enjoy the confidence of the Lok Sabha.
5. Federal with a Strong Centre
Powers are divided between the Union and States, but the Centre is stronger — especially during emergencies. NCERT calls this a quasi-federal arrangement.
6. Universal Adult Franchise
Every citizen 18 and above can vote, irrespective of religion, caste, education, gender or income. Adopted at independence — an extraordinarily bold step for its time.
7. Fundamental Rights
Part III lists six Fundamental Rights enforceable by the Supreme Court (Article 32) and High Courts (Article 226).
8. Directive Principles of State Policy
Part IV lists non-justiciable but morally binding goals — reduction of inequality, free elementary education, decent wages and living standards.
9. Judicial Review & Independent Judiciary
Courts can strike down laws and executive actions inconsistent with the Constitution. Judges have security of tenure and salaries.
10. Integrated Judiciary
One Supreme Court at the top, with High Courts and subordinate courts forming a single hierarchy — unlike in countries with parallel federal and state court systems.
11. Secular State
The state has no official religion. All citizens are free to follow any religion, and the state must treat all religions equally.
12. Single Citizenship
Every Indian citizen is a citizen of India alone, not separately of a State — reinforcing national unity.
13. Mixed Economy & Welfare Goals
Public and private sectors coexist; Directive Principles enjoin the state to pursue social and economic justice.
14. Emergency Provisions
Articles 352, 356 and 360 allow the central government extraordinary powers to deal with war, breakdown of constitutional machinery, or financial emergency.
15. Rigidity-Flexibility Blend
Some provisions need a special majority and ratification by States to amend; others can be changed by ordinary majority — the right balance for a living constitution.
16. Fundamental Duties
Part IV-A (added by the 42nd Amendment in 1976) lists the duties citizens owe to the nation — respect for the Constitution, the National Flag and the Anthem, protection of the environment, and more.
You have read that the framers borrowed from many constitutions. Critics sometimes call the Indian Constitution a “borrowed” document. Argue, in 100 words, whether you think the document is original. Use evidence from this chapter.
3.6 Conclusion
It is a tribute to the wisdom and foresight of the framers that they presented the nation with a document enshrining fundamental values and the highest aspirations shared by the people. This is one reason why this most intricately crafted document has not only survived but has become a living reality, while so many other constitutions have perished with the paper they were first written on.
India’s Constitution is a unique document that, in turn, became an exemplar for many other constitutions — most notably South Africa’s in 1996. The long search of nearly three years was meant to strike the right balance — so that institutions created by the Constitution would not be haphazard or tentative arrangements, but able to accommodate the aspirations of the people of India for a long time to come.
\1F4D6 Chapter Summary
- A constitution performs five core functions: coordination & assurance, specification of decision-making powers, limitations on government, enabling positive aspirations, and expressing the fundamental identity of a people.
- The most successful constitutions are those born of popular national movements, with credible authors, just substantive provisions, and intelligent institutional design.
- The Indian Constituent Assembly first met on 9 December 1946, was reduced to 299 members after Partition, and adopted the Constitution on 26 November 1949; it came into force on 26 January 1950.
- The Drafting Committee of seven, chaired by Dr. B. R. Ambedkar, did the actual drafting work; Dr. Rajendra Prasad presided over the Assembly.
- The Objectives Resolution (Nehru, 13 December 1946) provided the moral compass for the Constitution and shaped the Preamble.
- The Indian Constitution is the longest written constitution; it sets up a parliamentary democracy in a quasi-federal Union with universal adult franchise, fundamental rights, judicial review, secular government, and a balance between rigidity and flexibility.
3.7 Key Terms — Quick Glossary
3.8 NCERT Exercises — Full Model Answers
Q1. Which of these is not a function of the constitution?
Q2. Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament?
Q3. State whether the following statements about a constitution are True or False.
(b) False. Even non-democratic states have constitutions — monarchical and single-party systems use constitutions to allocate power, though they may not protect rights.
(c) False. Modern constitutions, especially India’s, embed ideals and values such as justice, liberty, equality and fraternity in their Preambles, Fundamental Rights and Directive Principles.
(d) True. The constitution gives citizens a shared political and moral identity. By agreeing to the basic norms, individuals form a political community.
Q4. State whether the following inferences about the making of the Indian Constitution are Correct or Incorrect. Give reasons.
(b) Incorrect. Major decisions were debated for nearly three years — centralised vs. decentralised government, Centre-State relations, the powers of the judiciary, property rights, language. Almost every issue at the foundation of a modern state was discussed with great sophistication. Only universal adult franchise was passed without debate — itself a remarkable consensus.
(c) Incorrect. Borrowing was not slavish imitation. Each provision was tested against Indian needs. The framers adapted the parliamentary form (UK), judicial review (US), Directive Principles (Ireland) and quasi-federalism (Canada), and combined them with original features such as universal adult franchise at independence, integrated judiciary, single citizenship, reservations and a secular state — producing a unique whole.
Q5. Give two examples each to support the following conclusions about the Indian Constitution:
(b) Distribution of power — (i) The Constitution divides power horizontally across Legislature, Executive and Judiciary, and creates an independent Election Commission, CAG and UPSC. (ii) Power is divided vertically between the Union and the States in three lists (Union, State, Concurrent), so that no single layer can monopolise authority.
(c) Hopes and aspirations — (i) The Preamble promises justice, liberty, equality and fraternity — a moral charter for the nation. (ii) The Directive Principles commit the state to reducing inequality, providing free elementary education, and ensuring decent wages.
Q6. Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation?
Q7. Why is it necessary for a constitution to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens?
A constitution can theoretically exist that gives no power to citizens — absolute monarchies and totalitarian states have such documents. But these are not constitutions in the modern democratic sense, where the document derives its legitimacy from the people. The Indian Constitution rejects that path: it begins with “We, the people” and grants every citizen rights and a vote. Without giving citizens power, a constitution cannot give every section a reason to abide by it — and so cannot succeed in the long run.
Q8. The Japanese Constitution was made when the US occupation army was still in control of Japan after its defeat in the Second World War. The Japanese constitution could not have had any provision that the US government did not like. Do you see any problem in this way of making the constitution? In which way was the Indian experience different from this?
The Indian experience was very different. (i) The Constituent Assembly was elected by Provincial Legislative Assemblies of Indians, not nominated by Britain. (ii) The British did not control the content; Indian leaders debated every clause through 166 days of meetings. (iii) The framers drew on the long nationalist movement, giving the Constitution legitimacy rooted in the freedom struggle. (iv) Although members were not elected by universal franchise, they enjoyed enormous public credibility, and the Constitution was adopted in the name of “We, the people of India.”
Q9. Rajat asked his teacher this question: “The constitution is a fifty year old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me why should I obey this document?” If you were the teacher, how would you answer Rajat?
1. “It is old, therefore outdated.” Age does not make a document outdated. The Constitution has been amended over a hundred times to keep up with changing needs — new amendments have added panchayats, women’s reservation, the right to education, and more. Courts also re-interpret it to meet new questions. It is described as a living document: its core values are stable, its details adapt with time.
2. “No one took my consent.” The Constitution was made by leaders who commanded the trust of the people of India. Every adult citizen since then has effectively given consent by participating in elections and accepting court judgments. The Preamble — “We, the people of India” — speaks in your name as much as in anyone else’s. If you wish to change a provision, the same Constitution gives you the political tools to do so, through your vote and through public debate.
3. “The language is tough.” Yes, parts of the text are technical — that is true of every legal document. But the Preamble, the Fundamental Rights and the Directive Principles can be understood by anyone willing to read them. Many simplified versions exist for students. Do not let language be a barrier to ownership. The Constitution belongs to you, your friends, and every other citizen of India.
For all these reasons, the Constitution is not just a book to obey. It is the framework that protects your rights, gives you a vote, and lets you take the country forward. Reject it, and you have no protection from injustice. Embrace it, and you have a shared promise of dignity for every Indian.
Q10. In a discussion on the experience of the working of our Constitution, three speakers took three different positions. Do you agree with any of these? If not, what is your own position?
Neha is right to point out that liberty, equality and fraternity are not yet fully realised — many people still face discrimination, poverty and violence. But it is too quick to call the Constitution a failure. The Constitution itself created the institutions and rights that allow her, and us, to demand that those promises be kept.
Nazima’s position is the most accurate. The document is sound; it has empowered citizens to seek justice through courts, elections and public action. Where the promises remain unfulfilled, the failure lies with us — in our political choices, our public attitudes, our willingness to tolerate inequality and corruption. My own position sits closest to Nazima’s, with a touch of Harbans: the Constitution has worked as a framework, and continues to give us the tools to keep widening freedom and equality. The duty of every citizen is to use those tools more honestly — to live up to the Constitution rather than blame it.
3.9 Reinforcement — Quick Self-Check
Competency-Based Questions — Part 3
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.