Our Constitution ICSE Class 9: Dates, Features and Rights

What Our Constitution is about

Weightage: CISCE publishes no chapter weightage and no question-paper layout for ICSE Class 9 History and Civics. Class IX is examined by your school: one 80-mark paper of 2 hours plus 20 marks of internal assessment. Our Constitution is Civics topic 1 of the 2028 syllabus.Source: CISCE ICSE 2028 History and Civics syllabus, Class IX

Key concepts

Meaning of a constitution

A constitution is the set of fundamental laws and principles according to which a country is governed. It:

• sets up the main organs of government (legislature, executive, judiciary) and says how they are formed;
• divides power between them, and in a federation between the Union and the states;
• states the rights of citizens and limits the power of government;
• lays down the goals the state should work towards.

All other laws must agree with the constitution; a law that violates it can be struck down by the courts. That is why the constitution is called the supreme or fundamental law of the land.

Worked example

(2 marks) What is meant by a constitution? Why is it called the fundamental law of the land?

Try it first, then show the solutionSolution

1. Meaning: the body of basic laws and principles by which a country is governed - 1 mark.
2. All other laws must conform to it; a law against it is invalid - 1 mark.

Answer: A constitution is the body of fundamental laws and principles by which a country is governed. It is the fundamental law because every other law must conform to it, and any law that violates it can be declared invalid by the courts.

Dates of adoption and enforcement

The Constituent Assembly first met on 9 December 1946. Dr Rajendra Prasad was its President and Dr B.R. Ambedkar chaired its Drafting Committee. After nearly three years of debate, the Assembly adopted the Constitution on 26 November 1949. A few provisions (on citizenship, elections and the provisional Parliament) took effect at once; the rest came into force on 26 January 1950.

Significance of 26 January: at its Lahore session (December 1929) the Indian National Congress resolved that its goal was Purna Swaraj (complete independence), and 26 January 1930 was observed across the country as Independence Day. Bringing the Constitution into force on that date honoured that pledge. On 26 January 1950 India became a republic, with an elected President as head of state in place of the British Crown. 26 January is celebrated as Republic Day; 26 November is observed as Constitution Day.

Worked example

(3 marks) When was the Constitution of India adopted and when did it come into force? Why was 26 January chosen?

Try it first, then show the solutionSolution

1. Adopted by the Constituent Assembly on 26 November 1949 - 1 mark.
2. Came into force on 26 January 1950, when India became a republic - 1 mark.
3. 26 January 1930 had been celebrated as Purna Swaraj (Independence) Day after the Lahore Congress resolution, so the date recalled the pledge of complete independence - 1 mark.

Answer: It was adopted on 26 November 1949 and came into force on 26 January 1950. The date was chosen because, after the Lahore Congress resolution for Purna Swaraj, 26 January 1930 had been observed as Independence Day; enforcing the Constitution on that day honoured the freedom pledge.

Single citizenship

India is a federation, but it has only one citizenship: Indian citizenship. A person born in Kerala and living in Punjab is a citizen of India, not of Kerala or Punjab. In some federations, such as the USA, a person is a citizen both of the country and of the state he or she lives in.

Why single citizenship? It:

• promotes national unity and a sense of belonging to one nation;
• gives every citizen the same rights anywhere in India, whatever the state of birth;
• lets citizens move, live and work in any part of the country;
• prevents states from favouring their own 'citizens' and discriminating against others.

Worked example

(2 marks) What is meant by single citizenship? State one advantage of it.

Try it first, then show the solutionSolution

1. Every Indian is a citizen of India only; there is no separate state citizenship - 1 mark.
2. Advantage: promotes national unity / equal rights for all citizens throughout India - 1 mark.

Answer: Single citizenship means all Indians are citizens of India alone, with no separate citizenship of the state they live in. It strengthens national unity and gives every citizen the same rights in every part of the country.

Universal adult franchise

Franchise means the right to vote. Universal adult franchise means every citizen who has reached the voting age has the right to vote, without discrimination on grounds of religion, race, caste, sex, wealth, education or place of birth. The voting age in India is 18 years; it was lowered from 21 by the 61st Amendment (1988). A person may be disqualified only on grounds laid down by law, such as unsoundness of mind or certain crimes.

Significance:

• it makes India a democracy in which the people are the source of power;
• it gives political equality: one person, one vote, one value;
• it gives the poor and weaker sections a voice and makes governments answerable to them;
• it gave the vote to all adults at once in 1950, when many older democracies had extended it only step by step.

Worked example

(3 marks) Explain the meaning of universal adult franchise and state two reasons why it is important in a democracy.

Try it first, then show the solutionSolution

1. Meaning: every citizen aged 18 or above can vote, without discrimination of caste, religion, sex, wealth or education - 1 mark.
2. It establishes political equality: every vote has equal value - 1 mark.
3. It makes the government answerable to all the people, including the weaker sections - 1 mark.

Answer: Universal adult franchise is the right of every adult citizen (18 years or more) to vote without discrimination on grounds of religion, caste, sex, wealth or education. It establishes political equality, one person one vote, and it makes the government responsible to all sections of society.

Fundamental Rights and Fundamental Duties

Fundamental Rights (Part III) are basic rights guaranteed to individuals for their all-round development. They are justiciable: a person whose right is violated can go directly to the Supreme Court or a High Court. There are six:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
The Right to Property was originally a Fundamental Right but was removed from that list by the 44th Amendment (1978).

Fundamental Duties (Part IV-A, Article 51A) were added by the 42nd Amendment (1976). There are now eleven; the eleventh, on parents providing opportunities for education to children aged 6 to 14, was added in 2002. Examples: to abide by the Constitution and respect the National Flag and National Anthem; to uphold the unity and integrity of India; to protect the natural environment; to develop a scientific temper; to safeguard public property. Duties are not enforceable in a court, but they remind citizens that rights come with responsibilities.

Worked example

(4 marks) Name any four Fundamental Rights. Why were Fundamental Duties added to the Constitution?

Try it first, then show the solutionSolution

1. Any four of the six rights, e.g. Equality, Freedom, against Exploitation, Constitutional Remedies - 2 marks (1/2 each).
2. Duties remind citizens that rights carry responsibilities towards the nation and society - 1 mark.
3. They were added by the 42nd Amendment in 1976 to promote discipline and national unity - 1 mark.

Answer: Right to Equality, Right to Freedom, Right against Exploitation and Right to Constitutional Remedies (also Freedom of Religion, Cultural and Educational Rights). Fundamental Duties were added by the 42nd Amendment (1976) to remind citizens that every right carries a duty, and to encourage respect for the Constitution, national unity and the environment.

Directive Principles and the welfare state

The Directive Principles of State Policy (Part IV) are guidelines that the Constitution gives to the Union and state governments to follow while making laws and policies. They aim at social and economic justice. They are not justiciable: no court can force the government to carry them out, but they are 'fundamental in the governance of the country'. The idea came from the Irish Constitution.

Examples of what they direct the state to do: secure adequate means of livelihood for all; equal pay for equal work for men and women; prevent concentration of wealth; protect the health of workers and children; organise village panchayats; promote the educational and economic interests of weaker sections; protect the environment; promote international peace.

A welfare state is a state that works for the well-being of all its people: it provides education, health care, employment and social security, reduces inequality and protects the weak, rather than only keeping law and order. The Directive Principles show that the makers of the Constitution intended India to be a welfare state.

Worked example

(3 marks) What are the Directive Principles of State Policy? How do they help in establishing a welfare state?

Try it first, then show the solutionSolution

1. Meaning: guidelines to the government for making laws and policies; not enforceable in courts - 1 mark.
2. Welfare state: a state that promotes the social and economic well-being of all its people - 1 mark.
3. Example: the Principles direct the state to secure livelihood, equal pay, health and education, which are the aims of a welfare state - 1 mark.

Answer: Directive Principles are instructions to the government to be followed while making laws and policies; courts cannot enforce them. By directing the state to secure livelihood, equal pay for equal work, public health, education and help for the weaker sections, they guide India towards a welfare state that looks after the well-being of all its people.

Our Constitution in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• Fundamental Rights, Duties and Directive Principles

Our Constitution: key facts

Constituent Assembly first met

9 December 1946

President: Dr Rajendra Prasad; Drafting Committee chairman: Dr B.R. Ambedkar.

Constitution adopted

26 November 1949

Observed as Constitution Day.

Constitution came into force

26 January 1950

Republic Day; recalls Purna Swaraj Day, 26 January 1930.

Fundamental Rights

Part III; six rights; justiciable

Right to Property removed as a Fundamental Right by the 44th Amendment, 1978.

Fundamental Duties

Part IV-A, Article 51A; added by the 42nd Amendment, 1976

Now eleven; not enforceable in court.

Directive Principles

Part IV; non-justiciable guidelines

Idea taken from the Irish Constitution.

Voting age

18 years (lowered from 21 by the 61st Amendment, 1988)

Universal adult franchise.

How the school exam asks Our Constitution

The question patterns to expect, and the method that works for each.

Tricks to remember Our Constitution

Short memory aids. Say each one aloud once, then use it on a question the same day.

• Adopted in November, alive in January

  26-11-1949 adopted; 26-1-1950 in force. Same day number, 26.

  Use it when: Date questions.

• Six rights: E-F-E-R-C-C

  Equality, Freedom, Exploitation (against), Religion, Cultural-educational, Constitutional remedies.

  Use it when: Listing the Fundamental Rights.

• J for Justiciable

  Rights = Judges can enforce. Principles = Policy guides only.

  Use it when: Fundamental Rights versus Directive Principles.

Our Constitution: exam-level solved questions

Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section B style)

Read the situation, then answer every part. In a school exam set on the board pattern this is a 10-mark question split into 3 + 3 + 4 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in Our Constitution

The slips examiners see most often, and what to write instead.

• ✗Mistake: Mixing up adoption and enforcement dates

  Both dates fall on the 26th of a month and students swap them.

  Wrong working

  The Constitution was adopted on 26 January 1950.

  Right working

  Adopted 26 November 1949; came into force 26 January 1950.

  ✓Do this: Adopted first (November 1949), alive later (January 1950).

  Usually costs: 1 mark per date.

• ✗Mistake: Listing Right to Property as a Fundamental Right

  Older books list seven rights.

  Wrong working

  There are seven Fundamental Rights including the Right to Property.

  Right working

  There are six; the Right to Property ceased to be a Fundamental Right by the 44th Amendment (1978).

  ✓Do this: Learn the six with E-F-E-R-C-C.

  Usually costs: 1 mark.

• ✗Mistake: Explaining single citizenship as 'one person can have only one nationality'

  Students confuse it with the rule against holding Indian and foreign citizenship together.

  Wrong working

  Single citizenship means an Indian cannot also be a citizen of another country.

  Right working

  Single citizenship means there is no separate state citizenship inside India; every Indian is a citizen of India only.

  ✓Do this: Contrast with the USA (citizen of country + state).

  Usually costs: 1-2 marks.

• ✗Mistake: Writing that Directive Principles can be enforced by courts

  Students mix the two lists.

  Wrong working

  If the government does not provide free education, the court will order it under the Directive Principles.

  Right working

  Directive Principles are not justiciable; courts cannot enforce them, though the government should apply them in law-making.

  ✓Do this: Rights go to court; Principles go to government.

  Usually costs: 1-2 marks.

• ✗Mistake: Defining welfare state vaguely as 'a good government'

  No specific features given.

  ✓Do this: Say: a state that works for the social and economic well-being of all, providing education, health, work and social security, especially for the weak.

  Usually costs: 1 mark.

Practice questions on Our Constitution

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQExam level

   Fundamental Duties were added to the Constitution by the:
   (a) 42nd Amendment
   (b) 44th Amendment
   (c) 61st Amendment
   (d) 86th Amendment

   Hint

   1976.

   Answer

   (a) 42nd Amendment.

2. Q2 · 1 mark · MCQHarder exam level

   Which of these is NOT a Fundamental Right today?
   (a) Right to Equality
   (b) Right to Property
   (c) Right against Exploitation
   (d) Right to Constitutional Remedies

   Hint

   Think of the 44th Amendment.

   Answer

   (b) Right to Property.

3. Q3 · 1 mark · Very short answerExam level

   The idea of the Directive Principles was borrowed from the Constitution of which country?

   Hint

   A European country that became free from British rule in the 1920s.

   Answer

   Ireland.

4. Q4 · 2 marks · Very short answerExam level

   State the significance of 26 January in India's history.

   Hint

   Two dates: 1930 and 1950.

   Answer

   On 26 January 1930 Indians observed Purna Swaraj (Independence) Day as pledged by the Congress at Lahore. On 26 January 1950 the Constitution came into force and India became a republic; it is celebrated as Republic Day.

5. Q5 · 2 marks · Very short answerHarder exam level

   Give two reasons why the voting age was lowered from 21 to 18.

   Hint

   Young people's awareness and participation.

   Answer

   (1) Young people of 18 are educated and politically aware enough to choose representatives. (2) Lowering the age widened participation and gave the youth a say in decisions that affect their future. (The change was made by the 61st Amendment, 1988.)

6. Q6 · 3 marks · Short answerHOTS / competency

   'The Directive Principles are like a cheque payable when the bank permits.' What does this criticism mean? Give one reason why the Principles are still useful.

   Hint

   Non-justiciable, but a guide and a yardstick.

   Answer

   The critic means the Principles are promises that cannot be enforced in court and depend on the government's resources and willingness. They are still useful because they guide law-making (many laws on wages, education and panchayats follow them) and give voters a yardstick to judge governments.

7. Q7 · 4 marks · Short answerExam level

   Mention any four Fundamental Duties of an Indian citizen.

   Hint

   Constitution, flag, unity, environment, public property.

   Answer

   Any four: abide by the Constitution and respect the National Flag and National Anthem; uphold the sovereignty, unity and integrity of India; defend the country when called upon; promote harmony and brotherhood; protect the natural environment; develop a scientific temper; safeguard public property and abjure violence; parents to provide educational opportunities to children aged 6-14.

8. Q8 · 2 marks · Very short answerHarder exam level

   Why is the Right to Constitutional Remedies considered the most important Fundamental Right?

   Hint

   Without it, the other rights cannot be enforced.

   Answer

   Because it allows a citizen to go directly to the Supreme Court or High Court to enforce the other Fundamental Rights; without this remedy the other rights would have no protection. Dr Ambedkar called it the heart and soul of the Constitution.

9. Q9 · 3 marks · Short answerHOTS / competency

   A state passes a law reserving all jobs in the state for people born there. Which feature of the Constitution does this go against? Explain.

   Hint

   One citizenship, equal opportunity.

   Answer

   It goes against single citizenship and the Right to Equality (equality of opportunity in public employment). Every Indian is a citizen of India, with equal rights in all states; a state cannot treat Indians born elsewhere as outsiders in this way.

10. Q10 · 3 marks · Short answerHarder exam level

    Parliament passes a law with a large majority, yet the Supreme Court declares it invalid. Using the meaning of a constitution, explain how this is possible and state two functions of a constitution.

    Hint

    Supreme law; organs of government; rights.

    Answer

    A constitution is the body of fundamental laws by which a country is governed, and every other law must conform to it; a law that violates it, however large its majority, can be declared invalid by the courts. Functions: (1) it sets up the organs of government and defines their powers; (2) it guarantees the rights of citizens and limits the power of the government (also: lays down the goals of the state).

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.Date of adoption of the Constitution?Show answer

   26 November 1949.

2. 2.Date the Constitution came into force?Show answer

   26 January 1950.

3. 3.Who chaired the Drafting Committee?Show answer

   Dr B.R. Ambedkar.

4. 4.How many Fundamental Rights are there now?Show answer

   Six.

5. 5.Which amendment added Fundamental Duties, and in which year?Show answer

   The 42nd Amendment, 1976.

6. 6.Are Directive Principles justiciable?Show answer

   No.

7. 7.Present voting age in India?Show answer

   18 years.

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Constitution: fundamental law by which a country is governed; all laws must conform to it.
• ☐Adopted 26 November 1949; in force 26 January 1950 (recalls Purna Swaraj Day, 26 January 1930).
• ☐Single citizenship: citizen of India only, no state citizenship; promotes unity and equal rights.
• ☐Universal adult franchise: every citizen of 18+ votes, no discrimination; one person, one vote.
• ☐Six Fundamental Rights, justiciable; Right to Property removed (44th Amendment, 1978).
• ☐Fundamental Duties: Article 51A, 42nd Amendment (1976), now eleven, not enforceable.
• ☐Directive Principles: non-justiciable guidelines for a welfare state; borrowed from Ireland.

Our Constitution: frequently asked questions