Constitution: A set of fundamental principles or established precedents according to which a state or other organization is governed. It outlines the framework for the functioning of the government and the rights and duties of citizens.

Framework for Governance: The Constitution provides a framework for the functioning of the government, ensuring separation of powers and checks and balances.

Protection of Rights: It guarantees fundamental rights to citizens, ensuring equality, freedom, and justice.

Guidance for Law-making: It serves as the supreme law of the land, guiding the creation and implementation of laws.

National Unity: It promotes unity and integrity by accommodating diverse cultures, languages, and religions within a single framework.

Colonial Rule: The experience of colonial rule highlighted the need for self-governance and a constitution to protect the rights and freedoms of the people.

Independence Movement: Leaders of the Indian independence movement emphasized the need for a constitution to establish a democratic and just society.

Formation: The Constituent Assembly was formed in 1946 to draft the Constitution of India.

Members: The Assembly consisted of 389 members representing various regions, communities, and political groups.

Objective: To draft a Constitution that would reflect the aspirations and values of the Indian people.

Introduction to the Constitution: The Preamble serves as an introduction to the Constitution, outlining its objectives and guiding principles.

Core Values: It highlights the core values of justice, liberty, equality, and fraternity.

Preamble: “We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: Justice, social, economic, and political; Liberty of thought, expression, belief, faith, and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.”

Definition: Federalism refers to the division of powers between the central government and state governments.

Importance: It allows for decentralization of power, accommodating regional diversity while maintaining national unity.

Definition: A system of government where the executive is responsible to the legislature.

Features: The President is the head of state, while the Prime Minister is the head of government. The executive is accountable to the Parliament.

Definition: The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Branches: The Legislature (makes laws), the Executive (implements laws), and the Judiciary (interprets laws).

Definition: Basic rights guaranteed to all citizens, protecting their freedoms and ensuring equality.

Types:

• Right to Equality: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Right to Freedom: Includes freedom of speech and expression, assembly, association, movement, residence, and profession.
• Right against Exploitation: Prohibits human trafficking, forced labor, and child labor.
• Right to Freedom of Religion: Guarantees religious freedom and ensures secularism.
• Cultural and Educational Rights: Protects the rights of minorities to preserve their culture and establish educational institutions.
• Right to Constitutional Remedies: Allows citizens to approach the courts to seek enforcement of their fundamental rights.

Definition: Guidelines for the framing of laws by the government, aimed at establishing a just society.

Examples: Providing adequate means of livelihood, equal pay for equal work, and promotion of education and public health.

Definition: Duties that are expected to be performed by every citizen, contributing to the nation’s well-being.

Examples: Respecting the Constitution, promoting harmony, protecting the environment, and safeguarding public property.

Adaptability: Amendments are necessary to address changing social, economic, and political conditions.

Flexibility: The Constitution provides a mechanism for amendments to ensure its relevance over time.

Introduction: An amendment can be introduced in either House of Parliament.

Approval: It must be passed by a two-thirds majority in both Houses of Parliament.

Ratification: Some amendments require ratification by at least half of the state legislatures.

Monarchy to Democracy: Nepal transitioned from a monarchy to a democratic republic in 2008 after a decade-long civil war and subsequent peace process.

Interim Constitution: Nepal adopted an interim constitution in 2007 as a temporary measure until a new constitution could be drafted.

Formation: The Constituent Assembly was elected in 2008 with the task of drafting a new constitution.

Challenges: The process faced several challenges, including political instability, disagreements among political parties, and demands for federalism and inclusion.

Promulgation: The new constitution was promulgated on September 20, 2015.

Federal Democratic Republic: Nepal was declared a federal democratic republic with seven provinces.

Fundamental Rights: The constitution guarantees various fundamental rights, including equality, freedom, and social justice.

Inclusion and Representation: Provisions for inclusion and representation of marginalized communities, women, and minorities.

Activity: Examine the text of the Preamble and discuss its significance. Identify the core values and principles it emphasizes.

Example: Discuss how the Preamble reflects the aspirations of the Indian people and the guiding principles of the Constitution.

Exercise: Research and document real-life examples where fundamental rights have been upheld or violated. Discuss the role of the judiciary in protecting these rights.

Example: Case studies on landmark Supreme Court judgments related to fundamental rights.