Chapter 2 Constitutional Design

Exercises

1. Here are some false statements. Identify the mistake in each case and rewrite these correctly based on what you have read in this chapter.

(a) Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence.

(b) Members of the Constituent Assembly of India held the same views on all provisions of the Constitution.

(c) A country that has a constitution must be a democracy.

(d) Constitution cannot be amended because it is the supreme law of a country 

Ans.

(a) Leaders of the freedom movement had a consensus should be a democratic nation after independence.

(b) Members of the Constituent Assembly of India held the same views on the basic principles of the constitution.

(c) A country that is a democracy must have a constitution.

(d) Constitution can be amended to keep up with the changes in aspirations of the society.

2. Which of these was the most salient underlying conflict in the making of a democratic constitution in South Africa?

(a) Between South Africa and its neighbours

(b) Between men and women

(c) Between the white majority and the black minority

(d) Between the coloured minority and the black majority

Ans.

(d) Between the coloured minority and the black majority

3. Which of these is a provision that a democratic constitution does not have?

(a) Powers of the head of the state

(b) Name of the head of the state

(c) Powers of the legislature

(d) Name of the country

Ans.

(b) Name of the head of the state

4. Match the following leaders with their roles in the making Constitution:

Solved 

Ans.

(a) Motilal......(iv) Prepared a Constitution for India in 1928

(b)Ambedkar........ii) Chairman of the Drafting Committee

(c) Rajendra Prasad.....(i) President of the Constituent Assembly

(d) Sarojini Naidu.........(i) President of the Constituent Assembly

5. Read again the extracts from Nehru's speech 'Tryst with Destiny' and answer the following:

(a) Why did Nehru use the expression "not wholly or in full measure the first sentence?

(b) What pledge did he want the makers of the Indian Constitution to take?

 (c) "The ambition of the greatest man of our generation has been to wipe every tear from every eye". Who was he referring to?

Ans.


(a) Nehru used the expression "not wholly or
foll measure" because according to him the task of building a nation is a gargantuan task which
cannot be fulfilled in one's lifetime.

(b) The pledge that he wanted the makers of the Indian Constitution to take was to dedicate their lives to the service of India, the Indian people and the humanity at large

(c) He was referring to Mahatma Gandhi.

6. Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly.

(d) Secular (i) Government will not favour any religion.

(ii) People have the supreme right to make decisions.

(iii) Head of the state is an elected person.

(iv) People should live like brothers and sisters.

Ans.
(a) Sovereign
(b) Republic
(c) Fraternity
(d) Secular (ii) People have the supreme right to make decisions.
(iii) Head of the state is an elected person.
(iv) People should live like brothers and sisters.
(i) Government will not favor any religion.

7. A friend from Nepal has written you a letter describing the political exercises situation there. Many political parties are opposing the rule of the king. Some of them say that the existing constitution given by the monarch can be amended to allow more powers to elected representatives. Others are demanding a new Constituent Assembly to write a republican constitution. Reply to your friend giving your opinions on the subject.

Ans. In my opinion second option is best. Making small amendments does not shift whole power in the hands of representatives. This does not make
total responsibility on elected representatives what will happen in next years. So, a new and well drafted constitution is right choice.

8. Here are different opinions about what made India a democracy. How much importance would you give to each of these factors?
(a) Democracy in India is a gift of the British rulers. We received training to work with representative legislative institutions under the British rule.

(a) Democracy in India is a gift of the British we received training to work with representative legislative institutions under the British rule.

(b) Freedom struggle was important in spreading the idea of nationalism in India and inculcating the practice of making decisions by consensus.

(c) The leaders had the desire to give freedom to the people. India's freedom struggle is the only example of bloodless freedom struggle in the contemporary history. This could be possible because our nationalist leaders had the maturity to listen to others views 

9. Read the following extract others' views. from a conduct book for 'married women', published in 1912. 'God has made the female species delicate and fragile both physically and emotionally, pitiably incapable of self- defense. They are destined thus by God to remain in male protection - of father, husband and son- all their lives. Women should, therefore, not despair, but feel obliged that they can dedicate themselves to the service of men'. Do you think the values expressed in this para reflected the values underlying our constitution? Or does this go against the constitutional values?

Ans. The values expressed in this para is totally contradictory to the values underlying our constitution. Here, women are treated as weak while in our constitution men and women both are treated equal. The governmental policies also favor women to bring them in mainstream.

10. Read the following statements about a constitution. Give reasons why each of these is true or not true.

(a) The authority of the rules of the constitution is the same as that of any other law.

(b) Constitution lays down how different organs of the government will be formed.

(c) Rights of citizens and limits on the power of the down in the constitution.

(d) A constitution is about institutions, not about values 

Ans.

(a) Not True

Constitution is the supreme law. It describes how government elects and their powers, rights of citizens and their protection. This is totally different than any other law.

(b) True

Constitution defines the role of the legislature, the executive and the judiciary and how they should be formed and by whom.

(c) True

Constitutional setup limits the power of government through different institutions and also talks about the right of citizens.

(d) False 

The Constitution contains all the values which the institutions have to prómote. The Preamble to the Constitution is a shining example of this and states clearly that justice, liberty, equality and fraternity have to be promoted. Secularism has to be followed and socialism and democracy should be the basis of the government.

COMPREHENSIVE STUDY

Q 1. Write a short note on South African constitution?

Ans:-The supreme law of a country, containing fundamental rules governing the politics and society in a country. The South African constitution is one of the finest constitutions the world has ever had. This constitution gave to its citizens the most extensive rights available in any country. Earlier in Africa there was the official policy of racial separation. White people were dominant over blacks. But while preparing the constitution, they decided that in the search for a solution to the problems nobody should be excluded no one should be treated as a demon. The preamble of the South Africa constitution sums up this spirit.

The South African constitution inspises democrats all over the world speaking on the South African constitution, Mandela Said; The constitution of South Africa speaker of both the past and future. On the one hand. It is a solemn pact in which we, as South Africans declare to one another that we shall never permit a repetition of our racist, brutal the and repressive past. But is more than that; it is also a charter for the transformation of our country into one which is truly shared by all it is  people a country which in the fullest sense belongs to all of us, black and white women and men. These were the words of great personality, Nelson Mandela which described the South African constitution.

Q 2. Write a short note on the making of Indian constitution.

Ans:-Indians struggled very hard to gain the independence. Before independence, the constitution Assembly had started it as work of arming the constitution of India on December 4, 1946. But it seriously began its work after the independence of the country.

On 29th August 1947, the constituent appointed a drafting committee under the chairmanship of Dr. Ambedkar, one of the prominent intellectuals of the country. After a period of six months this committee prepared a Draft constitution of India by February, 1948. The constituent Assembly met in November 1948 to consider the provisions of the Drafting committee clause by clause different clause was completed by 17th October, 1949. Then began the third reading to give a final shape to the constitution which was adapted on November 26, 1949. It then received the signatures of the president and was declared as passed. Thus it took about 2 years, 11 months and 18 days to prepare the constitution of free India. But the constitution came force on January, 1950. So every this day is consider as Republic day

Q 3. Comment on the role of Dr. B.R Ambedkar in constitution.

Ans:-Dr.. B.R Ambedkar is popularly known as the chief architect of Indian constitution. His role to the making of the Indian constitution is certainly of the most significant level. On 15th August, 1947. When India achieved its independence Nehruji made Ambedkar as his first law minister. He was appointed also as the chairman of the constitution drafting committee. The text prepared by Ambedkar provided  constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including freedom of religion, the abolition of untouchability and outlawing all forms of discrimination. He provided an inspiring preamble to the constitution ensuring justice, social, economic and political liberty, equality and fraternity. He used all his  experience and knowledge in drafting the constitution. He gave free India its legal framework and the people, the basis of their freedom. His contribution was significant, substantial and spectacular. His contribution to the evolution of free India lies in his striving for ensuring justice, social, economic and political for one and all. That is why he is called the chief architect of Indian constitution.

Q 4. What pledge did Jawaharlal Nehru in his "Tryst with Destiny speech" want the makers of the Indian constitution to take?

Ans. Jawaharlal Nehru's speech was inspirational speech, full of zeal and spirit. He said in his speech that freedom and power bring responsibility. The responsibility rests upon this assembly, a sovereign body representing the sovereign people of India. He said the past is over and it is the future that beckons to us now. He further added that future is not one of ease or rating but of incessant striving so that we may fulfill the pledges we have so often taken and the one we shall take, today. The service of India means the service of the millions who suffer means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every eye. That may be beyond us, but as long as there are tears and suffering. So long our work will not be over.

Q 5. What does the word Republic in the preamble signify?

Ans. The word Republic in the preamble signifies that the head of the state is an elected person and not hereditary position.

Q 6. Why do we need a constitution?

Ans. We need a constitution because. He it specifies how the government will be constituted and who all have the power to take limits on the power of the govt. and guides it to respect the fundamental rights of the people. It aims it the creation of a good society etc.

Q 7. What are the guiding values of Indian constitution?

Ans. The guiding values of Indian constitution are embedded in the preamble of Indian constitution. The lays emphasis on the following ideals.

1. Justice Social, Economic and Political.

2. Liberty: Of thought, Expression, Belief, Faith and Worship.

3. Equality: - Of status and of opportunity and to promote among them all

4. Fraternity: - Assuring the dignity of the individual and the unity of the Nation.

Q 8. What is a constitutional Amendment?

Ans. The constitution of India is a very long and detailed document. Therefore, it needs to be amended quite regularly to keep it updated.
Those who drafted the Indian constitution. Felt that it has be in accordance with people's aspirations and changes in society. They did not
see it as a static and unalterable law. So, they made provisions incorporate changes from time to time. These changes are called constitutional amendment.

Q 9. Name the state of Indian Union. Which has its own Constitution?    NOT AFTER 5AUGUST 2019

Ans:-Jammu and Kashmir, the state of Indian Constitution. not after 5 August 2019

Q 10. When was the preamble to the constitution of India amended?

Ans:-The Preamble to the Constitution of India was amended only once through 42d constitution. Amendment Act

Q 11. What are the words inserted in India?

Ans:-The words inserted in the preamble to the constitution of India were secular, Socialist and Integrity

Q 12. What is the importance 26 January in India 

Ans. The Constitution came in to effect on 26th January 1950 we celebrate 26 th January every year as Republic Day.