(I) Constitution: Why and How? [Making Of The Constitution]

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. Which of these is not a function of the Constitution?

(a) It gives a guarantee of the rights of the citizen. 

(b) It marks our different spheres of power for different branches of government.

(c) It ensures that good people come to power.

(d) It gives expression to some shared values.

Ans : (c) It ensure that good people come to power.

Q.2. Which of the following is a good reason to conclude that the authority of the Constitution is higher than that of the Parliament ?

(a) The Constitution was framed before the Parliament came into being.

(b) The Constitution makers were more eminent leaders than the members of the parliament.

(c) The Constitution specifies how Parliament is to be formed  and what are its powers.

(d) The constitution can not be amended by the Parliament.

Ans : (c) The Constitution specifies how Parliament is to be formed and what are its powers.

Q.3. State whether the following the statements about a constitution are true or false.

(a) Constitutions are written documents about formation and power of the Government.

Ans : False.

(b) Constitution exist and are required only in democratic countries.

Ans : False. 

(c) Constitution is a legal document that does not deal with ideals and values.

Ans : False.

(d) A Constitution gives its citizen a new identity. 

Ans : True. 

4. State whether the following inferences about the making of the Indian Constitution are correct or Incorrect. Give reasons to support your answer.

(a) The constituent Assembly did not represent the Indian people since it was not elected by all citizens.

Ans : Incorrect, because the members of all religions and social and economic groups were given representation in the constituent Assembly. Although the members of the Assembly were not elected by universal suffrage, there was a serious attempt to make the Assembly a representative body where the Assembly and twenty-six members from what were then known as the scheduled classes. 

The Congress plays a dominant role occupying as many as eighty two percent of the seat in the Assembly after the partition. Each member deliberately upon the Constitution with the interest of the whole nation in mind. The Constitution drew its authority from the fact the members of the constituent Assembly engaged in what one might call  public reason.

(b) Constitute making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.

Ans : It is correct information to say that constitution making did not involve any major decision since there was a general consensus among the leaders at the time about its basis framework constituent Assembly of India could not have functioned if there was no background consensus on the main principal. The best summary of the principles that the nationalist movement brought to the constitute Assembly was the objective resolution moved by Nehru in 1946. Our constitution is not merely a maze of rules and procedures, but moral commitment to establish s government that will fulfill the promises that the nationalist movement hold before the people.

(c) There was little originality in the constitution for much of it was borrowed from other countries.

Ans : lt is incorrect to say that there was little originality in the constitution though the formers of the constitution were not averse to borrowing from other constitutional traditions. Though the members of the constituent Assembly borrowed several provisions were well deliberated upon by the members of the Assembly was critically examined about its suitability to the condition prevailing in India. The members of the constituent Assembly always draw the attention to the Problem and aspiration while borrowing the provisions from other constitutions of the world to attach the Indian constitution.

Q.5.Give two examples each to support the following conclusion about eh Indian Constitution. 

(a) The Constitution was made by credible leaders who commanded people’s respect.

Ans : The two factors which the Constitution was made credible that mentioned as under : 

1. The constituent Assembly was formed on the basis of direct election by the members of the Provincial Legislative no le Assemblies that were established under the  LMP Government of India Act 1935.It is also mentioned that the constituent Assembly was formed under the provision of combined Mission Where it mentioned that each of the communities, provinces, princely states were represented by their representative. moreover, there were twenty six members from the backward classes known as scheduled classes at that time.

2. The Constitution drew its authority from the fact that members of the Constitution Assembly engaged in what one might call public reason. The members of the Assembly did not simply advance their own interests, but gave principled reasons to other members for their positions. They placed a great emphasis on discussion and reasoned argument. It look  the constituent Assembly for 2 years, 11 months and 18 days where members of the Assembly met for one hundred and sixty six days to accomplish the task of making the constitution. 

(b) The Constitution has distributed power in such a way as to make it difficult to subvert it.

Ans : The two examples behind the constitution has distributed in such a way as to more it difficult to subverting can be illustrate as under :

(1) The Constitution has distributed the powers to its 3 organs like legislature, executive and judiciary bussed on the principle of check and Balance. If one of the 3 organs misuses the powers then other two check and limit it.

(2) The Constitution itself provided amendment procedure of various articles of the Constitution under Article 368.

(c) The Constitution is the focus of people’s hopes and aspirations.

Ans : The undermentioned two features of Indian Constitution which focus the Constitution is the locus of peoples hopes and aspirations :

(1) The Constitution of India provided six fundamental Rights to the citizen of India from Articles 14 to 322. The Constitution vested the responsibility to the judiciary to protect the Fundamental Rights through its several provisions.

(2) The construction of incorporates some guidelines called the Directive principles of state policy. Though these are nonjustifiable the government give effect to some directive principles has passed several bills of abolition of Zamindari system, nationalised  banks, enacted numerous factory laws, fixed minimum wages etc. Such efforts also in cloud the right to education, formation of Panchayat Raj institutions all over the country, partial right to work under employment guarantees scheme and mid-day meal scheme, etc. which are just the hopes aspirations of the people.

Long Types Questions & Answers

Q.6.Why is it necessary for a country to have a cl ear demarcation of the powers and responsibilities in the Constitution? What would happen in the absence of such a demarcation?

Ans : One of the most essential elements of country is to have a clear demarcation of power and responsibilities in the Constitution. The there organs of government-Legislature, Executive and Judiciary perform three essential fiction of rulemaking, rule application and rule adjudication these three functions are interrelated and interdependent, but it is essential that these three should be performed by three different organs, neither by two nor by one organ or institution.

The power of each organ of the. Government should be demarcated from the other if the liberty of the people is to saved from the authority of the state which is exercised by its government. 

The three organs of the government must be separate and independent from one another because any combination of these three into a single or two hands is bound to be always very harmful and dangerous for individual liberty.Decentralisation, division of powers, specialisation and separation of power are essential instrument for the health of the government and the people alike government can work systematically and efficiently only when each of its organs exercises it’s own power unhindered by the other two organs. The clear demarcation of powers and responsibilities in the Constitution keeping the government restrains and limited as well as for protecting the liberty of the people, the functions of government should be differentiated and performed by three separate organs with each working in its own sphere of action without encroachment upon others. 

It is also mentioned that to ensure the monopoly of any one organs there is a provision like in Indian constitute the principle of check and balance is applied to secure the fundamental rights to its citizen. For example is Indian democracy. the bills passed by the Parliament becomes acts only when these get. Presidential signature, the president has the power to make the appointment of the judges, the judiciary has the power to declare any law unconstitutional it is not suit with the provision of the Constitution through the judicial review power.

In there is not clear demarcation of powers and responsibilities the administration of a country face many problem.For instance, organ or body the liberty of the people gets jeopardised because it leads to a tyrannical exercise of these two powers . On the other hand judicial and legislative powers are united in the same organ, the interpretation of laws becomes meaningless because then the law- maker also acts as law interpreter and it never likes or wishes to accept the errors of the laws.If the judicial power is combined with the executive power and be vested with the same person, the administrator if justice becomes meaningless and faulty because then executive becomes the judge (judiciary). Finally if all the three organs combined and vested with one person or body of person, the concentration of power becomes so big that it virtually ends all liberty and establishes a despotism of that organs or body.

Q.7. 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?

Ans : One of the most important functions of a Constitution is to set some limits on the rulers. These limits are fundamental in the sense that the rulers may  never trespass them. Constitutions limit the power of her government in many ways. The popular constitutional provision to limiting the power of the government is to grant some fundamental rights to the citizens like right to freedom of speech, freedom of speech, freedom of conscience, freedom of associations, freedom to conduct a trade or business, etc. 

In normal times these freedoms of the people could not be checked by the government except emergency proclamation. There can’t be any consideration that gives no power to its people. In a monarchical constitution, a monarch decides but in a democratic constitution, then people get to decide. In democracy public view is most essential to pass any bill or policies by the rulers. In a dictatorship also the ruler has to get the support of the people to cling to the power as in the case or Pakistan, where general Musharraf conducts periodic referendum” to justify his hold on power. So it is not possible for a constitution to exist that gives no power at all to the citizens.

Q.8. 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 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?.

Ans : The time when the constitution was made, the US army still occupied the Japan. The Japanese constitution could not have had any provision that the US government did not like. It was due to the fact that constitution is a compact document or set of document that seeks to perform the functions that depend on the interests of the rulers or the interest of the authority in an occupied country. But in the democratic country a constitution expresses the fundamental identity of a people, it gives everyone in society some reason to go along with its provision.

After the independence of India, the constituent Assembly got the responsibility to make the constitution for Indian. It was after the end of the second would war that the British Government through its cabinet mission accepted the demand for the establishment of a constituent assembly for India. At the time of its establishment, the constituent Assembly was not a sovereign body. It stood organised on the basis of the cabinet mission plan. Its powers were derived from the sovereign authority of the British parliament. When on 15th August 1947. India became independent, the constituent Assembly became a fully sovereign body band remained so till the inauguration of the constitution of India. The elections for the constituent Assembly wore held in July 1946. 

The first step was taken towards the goal when pt. Jawaharlal Nehru introduced the objectives Resolution and made specific objectives which were to guide the framing of the constitution. It affirmed commitment to the principles of popular sovereignty, Justice, liberty, Equality, special Protection to minorities, unity and Integrity of the country and world peace. It provided the ideological framework within which the constituent Assembly was to formulate the constitution of India. 

The constitution of India in its very first Article declares, India that is Bharat shall be union of states. It describe India is neither a Federation nor unitary state. It is both a Federation and a unitary state rolled in one.

India establishes a dual polity. Each citizen is subject to two government -the government of the state in which he resides and the Government of India. Like every other federal constitution, the constitution of India decides powers between the union Government and the state Government. It divides all the subjects in 3 parts- 

(1) union subjects.

(2) state subjects.and 

(3) Concurrent subjects. 

The constitution is supreme and no one can violate it. Both the union Government and state Government derive their powers from constitution. In can reject any union or state law in case it is found to be unconstitutional in a judicial review. A bicameral union parliament is again considered as an essential features of Indian constitution where council of State (Rajya sabha) ad the upper house and the house of people (Loksabha) as the lower House. 

The Indian constitution on also provides some unitars features like establish a very strong central government, the power of the centre to reorganise the state or change their boundaries, limitation upon the jurisdiction of states over state subjects, single citizen ship. Ad such India continues to be state with a federal structure and a Unitarian spirit. The constitution-makers did not hide their intention to make the center stinger than the state. They regarded it as an essential necessity for maintaining the unity and integrity of India as s sovereign state.

Q.9. Rajat asked his teacher this question: “The constitution is a fifty years 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 way should you answer Rajat.

Ans : As a teacher of would answer the Rajat that though our constitution is more than fifty years old, it is still not outdated.As it has been amended more than 90 times up to now, so it could not be termed on old constitution as it has been modified from time to time. This constitution was from by a constitution Assembly. Although the members of the Assembly were elected by restricted suffrage, there was a serious attempt to make the assembly a representative body. 

Members of all communities, classes and religions were given representation in the scheme of the composition of the Assembly. In terms of the political parties the Congress dominated the Assembly occupying as many as eighty two percent of the seats in the assembly. The Congress itself was such a diverse party that it managed to accommodate almost all shades of opinion within it. The constitution was made by credible leaders and its final authority are the Indian people. 

It is not important that every body is directly consulted for make any constitution. The only possible way is to form a representative body which reflect all the communities, classes, and religions of country. The constituent Assembly which framed our constitution could be termed as such a body. Further it is nothing possible to work every provision in lucid and carry terminology as it may increase the bulk size of the constitution . A constitution is at best in codified from.

Q.10. Discuss the following brief :

(a) Justice. 

(b) Liberty. 

(c) Equality. 

(d) Fraternity.

Ans : (a) Justice :- Indian constitution seeks to secure justice in its three dimension justice means the absence of socially privileged  classes in the. Society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. Economic Justice means no discrimination between man and man on the basis of income, wealth and economic values. It involves the concept of equitable distribution of wealth, i.e., economic equality end of monopolistic control over means of production ad distribution, decentralisation of economic resources and, securing of adequate opportunities to all for earning their livelihood and a welfare state.

In its political dimension justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any dissemination on the basis of caste, colour, creed, religion, sex or place of birth.

(b) Liberty :- The preamble declares liberty to be the second cardinal objective to be secured by the constitution. Preamble lists liberty of thought, expression, belief. faith and worship as the objective to be secured to all the people. The grant of Fundamental Rights (Part3) 

including the right to freedom, is designed to secure this objective. Liberty is a vital necessity for the fullest development of mind of the individual. It is the condition of worth li. Liberty of and worship is designed to strengthen the spirit of secularism. Liberty as such is another cardinal objective of the constitution.

(c) Equality :- Realising fully the importance of equality and the inter-relationship between liberty and equality, the preamble makes equality the third major objective of the constitution. It had been described in terms of its two 

Variables :- (1) Equality of status that is natural equality of all persons equal and free citizen of India enjoying equality before law. (2) Equality of opportunity that is adequate opportunities for all development. 

For securing the equality of status what is needed is equality before law and end of discrimination or restriction based on grounds of religion, race, sex colour, creed, caste, residence etc. The Indian constitution provides for these under its Article 14 and 

15. It also guarantees equality of opportunity under its Article 16. However, along with it the constitution provides for special protection to women, children, as the weaker sections of society. Thus equality is a cherished goal of Indian constitution.

(d) Fraternity :- The preamble clearly states that another major objective is to promote among all the people- Fraternity a feeling of spiritual and psychological unity. It is designed to see the dignity of the individual and Integrity of nation. Human dignity was regarded as a supreme value in our national liberation movement. Freedom struggle was governed by the objective of ending second rate treatment given to the people of india by the british rulers for this unity of nation was considered essential for fighting the inhuman British rule the founding fathers of the constitution, therefore, specified in the preamble that free India should promote fraternity assuring human dignity and unity and integrity of the nation. The India constitution, in its preamble accepts this as a major objective the preamble seeks to strengthen and complete India democracy.

Q.11. Discuss the following term which is mentioned the India constitution.

(a) Sovereign.

(b) Democratic.

(c) Republic.

Ans : (a) Sovereign :- The preamble of Indian Constitution Proclaims to denote the end of British rule over India. The preamble declare the sovereign independent status of India. The word sovereignty of India. It means that the government is independent in internal and external matter and is no more under the control of a foreign power.

( b) Democratic :- The preamble declares India to be a Democratic state. The constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy political rights: Universal Adult Franchise, Right to contest elections, Right to hold public offices, Right to form associations and the Right  to criticise and oppose the policies of the government. It is on the basis of these rights that the people participate in the process of politics. They elect their government. The people can change their government through elections. It always acts under the constitution which represents the supreme will of the people. The supreme court of INDIA ACTS AS THE GUARDIAN PROTECTOR OF BOTH CONSTITUTION AS WELL AS of the fundamental rights enshrined into the constitution.

(c) Republic :- The preamble declares India to be a Republic. Negatively, the means that INDIA  is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the sovereign head of the state who is indirectly elected by the people for a fixed term of 5 years i.e. he is elected by the elected members Rajya sabha and Lok sabha of Indian parliament.

Q.12. Explain India as a secular state. 

Ans : By the 42nd Amendment of India constitution, the term “secular” was incorporated in the preamble along with other features of Indian state. Its inclusion simply made the secular nature of the Indian constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. Positively, India adopts secularism by guaranteeing equal freedom to all religion. 

It stands for the right of freedom of all citizens: Under Articles 25 to 28, the constitution grants the right to Religions freedom to all the citizens. It provides for equal rights to al the citizens without any dissemination, Rule of Law and special protection to minorities. The state does not interfere with the religious freedom of the citizens and prohibits taxation for religious purposes.

Q.13. Discuss the salient features of the constitution of India. 

Ans : The salient features of the constitution of India can be briefly discussed as under : 

(a) Written and Detailed constitution:- India’s constitution is a written and detailed constitution. It consists of 395 Articles divided into 22 parts with 12 schedules.

(b) Preamble of the constitution :- The preamble to the constitution of India is a well drafted document which state the philosophy of the Indian polity.

(c) India is a union of states :- Article I of the constitution declares, “India that is Bharat shall be a union of states”. It does not describe India either as a federation or unitary state.

(d) Federal structure and a unitary spirit :- Which describing India as a union of states, the constitution provides for a federal structure with a unitary spirit.

(e) Mixture of rigidity and Flexibility :- The constitution of India is rigid parts. Some of its provisions can be amended in a difficult way while others can be amended very easily.

(f) Fundamental Rights :- Under its part 3, the constitution of India grants and guarantees six fundamental Rights to its citizens 

(g) Fundamental Duties :- The constitution under its Part 4A, Article 51A enumerated 10 fundamental duties to the citizen of India.

(i) Directive principles of state policy :- Part 4 (Article 36-51), of the constitution dealing with the directive principles of state policy provides one of the most striking features of Indian constitution.

(j) Bi-cameral union parliament :- The constitution provides for Bi-cameral legislature at the unio level and designates it is as the union parliament. Its two houses are the Lok Sabha and the Rajya Sabha . These are the main features of the Indian constitution.

Q.14. Write down the preamble of the Indian constitution.

Ans : The preamble of the Indian constitution has been described as: ” 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 opportunity, and to promote among them all. Fraternity, assuring the dignity of individual and the unity and Integrity of the nation.

In our constituent Assembly the twenty sixth day of November 1949, did here by adopt, enact and give to ourselves this constitution?

Q.15. What do you understand about the philosophy of the Indian constitution?

Ans : The philosophy of the Indian constitution can be discuss as under :

(1) The constitution of India makes it quite clear that the framers of our country’s constitution were not only conscious to frame it for the governance of the country but they were greatly concerned to express their vision for a new society and polity.

(2) No doubt, there were difference of opinion among the members of the constituent Assembly while debating upon the high ideals aims and objectives of the constitution. But ultimately they reached a consensus. It is that element of consensus among the founding fathers of constitution which reflected in the Preamble of the constitution.

(3) Looking at the preamble to the constitution, we feel that it has attempted to set a good Provide a vision and direction in building a new social order which is not only democratic but equal and justice. It is a vision which is humanistic, democratic, secular ad socialist.

(4) The philosophy of the constitution of India also aims at the projection fundamental rights and civil liberties of Indian citizens. Thus we may say that the Indian constitution is based on the philosophy of liberal welfare- democratic society. As these ideals and values of the Indian state finds a place in the preamble, we may that the philosophy of the constitution finds its expression in the Preamble to the constitution.

Q.16. Mention the main sources of the Indian constitution under following heads:

Ans : We can study the sources of the Indian constitution under following heads:

(1) Ideals of the National Movement.

(2) Foreign constitution.

(3) Government of India Act. 1935

(4) Records of the constitution Assembly debates.

(5) Constitutional Amendment.

(6) Parliamentary statutes.

(7) Judicial decisions.

(8) Conventions.

(9) Views of constitutional jurists and experts.

Q.17. Discuss the constituent Assembly

Ans : Regarding the organisation and powers of the constituent Assembly, the cabinet mission plan laid down the there will be 389 members in the Indian states and 4 from chief commissioners provinces. There will be 3 categories of electorat general, Muslim and Sikh electorate. The elections for the constituent Assembly were held in July 1946. On 11th December 1946 Dr. Rajendra Prasad elected as the president of constituent Assembly. 

The major task of the Assembly was indeed the making of a constitution of India. In the making of the constitution, a very valuable role was played by the Drafting committee. Dr. B.R. Ambedkar was the chairman of the Assembly and other members were B. L. Mitter, N. Gopalaswami Ayyanger, Alladi krishna swami Ayyar, K.M. Munshi, sajid Mohad Saadulla, N. Madhav Rao and D.P. Khaitan. On 26th November, 1949. the constitution was finally adopted and enacted when the constitution was signed by the president of the constituent Assembly and whole constitution was inaugurated on 26th January, 1950.

Q.18. In a discussion on the experience of the working of our constitution, three speakers took three different positions:

(a) Harbans :- The Indian constitution has succeeded in giving us a framework of democratic government.

(b) Neha :- The constitution made soleman promises of ensuring liberty, equality and fraternity. Since this has not happened, the constitution has failed.

(c) Nazima :- The constitution has not failed us. We have failed the constitution.

Do you agree with any of these positions? If yes, why? If not, what is your won positions?

Ans : In this conversation of three people it has been discussed whether the working of our constitution is fruitful or not:

(a) In the first position Harbans gave his own impression that the. Indian constitution has succeeded in giving us framework of democratic government, We know the makers of the constitution presented to the nation a document in the from of our constitution that enshrined fundamental values and highest aspirations shared by the people. And hence it become a living reality. It is a document consisting the supreme and fundamental laws of the country. it decides the composition, powers and functions of the government. The government is formed according to the principles laid down is the constitution of India lays down the powers and functions of the president of India and prime Minister with his council of ministers very clearly. 

It also shows how the organs of government should related to each other. For instance, What the executive can do by itself and what should be the relation between the legislature, executive and the Judiciary, and also, of course, between them and the ordinary citizens. Indian constitution provides different types of safeguards of liberty to the Indian citizens. Separation of powers, Independence of judiciary, fundamental rights, rule of law, etc, are enshrined in our constitution. Democracy has been adopted in India and every effort has been made to strengthen it. 

In the Preamble, India is declared ” A sovereign, socialist, secular democratic republic”. In the preamble it is mentioned that the aim of construction is to provide social, economic and political justice to all the citizens. Adult franchise has been introduced in India. It has been tried in the constitution to establish system of ideal democracy in principle. But in practice India democracy is suffering from various social and economic evils which have proved a curse.

(b) Neha was in the impression that the constitution made soleman promises of ensuring liberty, equality, and fraternity. Since this has not happened the constitution has failed. It is true that our constitution is a unique document whose main purpose was to accommodate the aspirations of the people of india. But as we see today the unconstitutional activities are increasing. Equality of all its (India’s) members, freedom of the citizens is being distributed by some people who have got power and money. 

The elections are likely held fair and free but indirectly money and muscle power is used. Some people of criminal antecedents have succeeded in grabbing political power. Political leaders are playing the politics of vote-bank. The court or the judiciary has to interfere in the working of the executive and legislatures. All problems whether it is terrorism or illegal immigration of foreigners or it is the problem of communial riots or it is Naxalism are to be faced more and more. In such a manner it is right to say by Neha, that the goals are not achieved and the constitution has failed to fulfill the needs of the individuals.

(c) But is Azima has said the constitution has not failed us. We have failed the constitution. We have not applied our efforts honestly to fulfill the promises of our citizens as right to work and to gainful employment, equal pay for equal works, protection against exploitation by individuals, groups or institutions. Still there are 26 percent people who are below poverty line, corruption in polities as well as in public sector is increasing. But all these evils are due to our a representatives and the public as they do not fulfil their duties honestly. The citizens should be enlightened as well as be vigilant. They must be active in public affairs and also help the fellow citizens in the exercise of their rights and discharge of obligations. 

They should cooperate with the government in all its good works. External vigilance is said to be the price of liberty in democracy, and only enlightened citizens can exercise proper vigilance. The citizens should be educated properly and the social  and economic inequality should be curbed. Only then the policies given in the constitution may be implemented thus we can say that the constitution has not failed us we can say that the constitution has not failed us we have failed the constitution.