This course will
a)Enable students to understand the historical processes and the circumstances in
which the Constitution was drafted.
b) Provide opportunity for students to become familiar with the diverse visions that
guided the makers of the Indian Constitution.
c) Enable students to identify certain key features of the Constitution and
d) compare these to other constitutions in the world.
e)Specification of decision making powers
f) Limitations on the powers of government
g) Aspirations and goals of a society
h) Fundamental identity of a people
i) THE AUTHORITY OF A CONSTITUTION
j) Balanced institutional design
k) Composition of the Constituent Assembly
l) The Principle of Deliberation
m) Inheritance of the nationalist movement
n) Institutional arrangements
o) Provisions adapted from constitutions of different countries
Once complete the course, you will understand how the Indian constitution is drafted.
A constitution is a body of fundamental principles according to which a state is constituted or governed. But what should these fundamental rules be? And what makes them fundamental? Well, the first question you will have to decide is who gets to decide what the laws governing the society should be? You may want rule X, but others may want rule Y. How do we decide whose rules or preferences should govern us? You may think the rules you want everyone to live by are the best; but others think that their rules are the best. How do we resolve this dispute? So even before you decide what rules should govern this group you have to decide: Who gets to decide? The constitution has to provide an answer to this question. It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be. In principle, this question, who gets to decide, can be answered in many ways: in a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide. But this matter is not so simple. Because even if you answer that the people should decide, it will not answer the question: how should the people decide? For something to be law, should everyone agree to it? Should the people directly vote on each matter as the ancient Greeks did? Or should the people express their preferences by electing representatives? But if the people act through their representatives, how should these representatives be elected? How many should there be?