(IX) The Philosophy of the Constitution

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. The following are certain laws. Are they connected with any value? It yes, then what is the underlying value? Give reason. 

(a) Both daughters and sons will have share in the family property. 

(b) There will be different slabs of sales tax on different consumer items.

(c) Religious instructions will not be given in any government school.

(d) There shall be so beggar or forced labour.

Ans :- (a) It is connected with the value of social Justice’ Because the right to equality for men and women or any caste’s creed or sex i.e no discrimination should be made for the individual on the basis of caste, creed or sex etc. It is an issue of gender Justice.

(b) There will be different slabs of tax on different

consumer items. It is based on the principle of utility. The different slabs are due to the utility of different items. So it is linked with economic Justice.

(c) Religious instructions will not be given in any government school. It is connected with the value of secularism.

(d) There shall be no beggar on forced labour. It means no exploitation of any section of the society. Thus if is also connected with social justice.

Q.2. Which of the option below cannot be used to complete following statement? Democratic countries need a constitution to.

(i) Check the power of the government. 

(ii) Protect minority from majority. 

(iii) Bring independence from colonial rule. 

(iv) Ensure that a long term vision is not lost by momentary Passions.

(v) Bring social change in Peaceful manner.

Ans :- The (iii) option cannot be used to complete the statement i.e. bring independence form colonial rule.

Q.3. The following are different positions about reading and under standing constitution Assembly debates.

(i) Which of those statements argues that constituent Assembly debates are relevantly are not relevant?

(ii) Which of these positions do you agree and why?

(a) Common people are too busy in earning livelihood and meeting different pressure of life. They cannot understand the legal language of these debates.

Ans :- This statement says that they are not is at relevant.

(b) The Condition and challenges to day are different from the time when the constitution makers and use them for own new times trying to bring past in the present.

Ans :- The Constitution assembly debates are relevant even today because a history to our constitution is still very much a history of the present but the above said statement argues that they are not relevant.

(c) Our ways of understanding the world and the present challenges have not changed totally. Constitution assembly debates can provide us reason why certain practices are important. In a period when constitutional practices are being challenged not knowing the reasons can destroy them.

Ans : This statement argues that constituent assembly are relevant so as to understand and interpret the various articles of the constitution but they contain a lot of legal terms which the common man cannot easily comprehends. 

(b) I do agree with this statement. As we see that constitution during the period of fifty six years about 100 times has been amended.

(c) l agree with this position also because the most important challenge constitution have not changed totally.

Q.4. Explain the difference between the Indian and western ideas in the light of

(a) Understanding of secularism.

(b) Article 370. 

(c) Affirmative action.

(d) Universal Adult Franchise.

Ans :- (a) Understanding of secularism :- The Indian constitution differs to the western ideas secular states are observed as treating religion as a from the western ideas in the light understanding of secularism. According Private matter. The religion is not given public on official recognition. But the Indian constitution differs in this matter. All religions are honoured in. the same manner. The state could also help religions communities by giving aid to educational institutions run by them.

(b) Articles 370 and 371 :- By introducing the article 370 concerning Jammu and Kashmir and articles 371 concerning with North East, the concept of asymmetry of American federalism, Indian federalism has been constitutionally asymmetric. The accession of Jammu and Kashmir to the Indian union was based on a commitment to safeguard its autonomy under article 370 of the construction. This is the only state which is governed by its own constitution Article 371 it, the privilege of special status was also accorded to the North Eastern State of Nagaland. 

(c) Affirmative Action :- Again there is much difference between the Indian constitution and western ideas in the light of affirmative action. A in the context of America where the constitution was written in late 18 century it is absurd to apply the values and standard of that era to the 219 century. But in India affirmative actions in terms of our values, ideas and conception the constituent assembly made the constitution which is full affirmative actions. 

The political philosophy resists any single label because, it is liberal, democratic, etc. Italian, secular and federal open to community values, sensitive to the needs of religious and linguistic mind rites as well as historically disadvantaged groups and committed to building a common national identity Freedom of expression, religious freedom, right to equality, social Justice and community values are the main tenants of the Indian constitution.

(d) Universal Adult Franchise :- In western democracies the right to vote has only recently been extended to women and to the working class. But the Indian constitution universal franchise was adopted from the very beginning.

Q.5. Which of the following principles of secularism are adopted in the constitution of India?

(a) That state will have nothing to do with religion.

(b) That state can discriminate among religions.

(c) That state will have close relation with religion. 

(d) That state will recognise rights of religious groups.

(e) That state will have limited powers to interfere in affairs of religious.

Ans :- The following principles of secularist are adopted in the constitution of India.

(a)The state will have nothing to do with religion.

(b) The state will recognise rights of religious groups. 

(c) The State will have limited powers to intervene in affairs of religion.

Q.6. Match the following:

(a) Freedom to criticize achievements, treatments of windows.

(b) Taking decisions in the constitution Assembly on the basis of reason, not self-interest.

(c) Accepting importance of community in an individual life.

(d) Articles 370 and 371.

(e) Unequal rights to women regarding family property and of a particular region children.

(i) Substantive.

(ii) Procedural achievements.

(iii) Neglect of gender Justice. 

(iv) Liberal individualism.

(v) Attention to requirements.

Ans :- (a) Freedom to criticize treatments of windows.

(b) Taking decisions in the constitution Assembly on the basis of reason, not self-interest.

(c) Accepting importance of community in an individuals life.

(d) Articles 370 and 371. Of a particular region.

(e) Unequal rights to women regarding family property and children.

(i) Procedural achievements.

(ii) Substantive achievements.

(iv) Liberal individualism.

(v) Attention to requirements.

(iii) Neglect of gender Justice.

Q.7. This discussion was taking place in a class. Read the van arguments and state which of these do you agree with and why. 

Jayesh :- I still think that our constitution is only a borrowed document

Saba :- Do you mean to say that these is nothing Indian in it? But is there such thing as Indian and western in the case of values and ideas? Take equality between men and women. What is western about it? And even it is should we reject it only because it is western?

Jayesh :- What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government? 

Neha :- You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted. wherever it came from.

Ans :- In this discussion we find that jayesh thinks that our constitution is only borrowed document. Here the sense of the critic is that there is nothing original in the constitution of India. Many sections have been laken word by word from the government of India Act 1935 similarly many Provisions have been borrowed from the constitutions of other countries of the world. There is nothing indigenous about it. There is no mention of the sabha or the samiti of the Hindu period. 

There is also no reference to the political institutions of medieval India But sabha says as Indian and westem in the case of values and ceas and there is no difference when we er equality between men and women. When Jevesh said that after the fighting for independence we did not follow the policies of British. But Neha gave the argument that in our national movement we were not against the British but we were against the principle of colonialism. That has nothing to do with adopting system of government that we wanted, wherever it came from. 

Thus it may be said that there is nothing wrong in borrowing a political institution which other wise work well. More over, it is difficult to fit in the ancient political institution of India in a modern constitutional set-up.

Q.8. Why is it said that the making of the Indian constitution was unrepresentative? Does that make the constitution representative? Give reasons for your answer?

Ans :- An important criticism of the Indian Constitution is that it is representative. Indian constitution was framed by constituent Assembly constituted in November, 1946 through indirect election of its members provincial legislatures under the provisions of cabinet Mission plan 1946. The Assembly consisted of a total 389 members of which 292 were Dhe elected from the provinces, 93 were to be nominated from Princely pates and four members were to be nominated from chief commissioner’s seas. 

Each provincial Assembly elected its members for the constituent assembly system. The method of representation in princely states was to e decided with their consultation. The Mount Batter plan or 3rd June 147 announced partition of the country. So the membership of the Indian constituent Assembly was reduced to 299 after partition and only 284 enbers signed the constitution on 26 Nov 1949. 

Hence we see that can constitution is indeed unrepresentative because the members of constituent Assembly were chosen by represented franchise and not by universal suffrage.

Q.9. One of the limitations of the constitutions of India is that it not adequately attend to gender Justice. What evidence can give to substantiate this charge. If you were writing the stitution today, what provisions would you recommend for remedying this limitations.

Ans :- The constitution of India has some limitations cannot be said that it is a perfect and flawless document. Given the social conditions within which the constitution was made, it was only natural that there may be many controversial matters, that there would be many areas that needed counsel revision. There are many limitations, to this constitution one of the most important limitations to this constitution, it appears have glossed over some important issues of gender justice, Particular attend to the gender Justice. 

There are unequal right to women regarding family property and children. Certain basic social economic rights were relegated to the section an Directive Principles rather than made an internal feature of fundamental rights. Equal pay for the equal work for both men and women will be secured by the state. It was given in directive Principles and not in fundamental rights . If I were working the constitution today would recommend some provisions for the empowerment of women would like to make equal pay for equal work for men had women of fundamental right and consequently delete it from the directives. I would like to cleanly enunciate the inheritance of property and make women equal to men. Just like reservation of seats for disadvantaged sections. would like to make the provisions for reservation of at learnt thirty three (33.1) Percent seats for women in the central and state legislatures.

Q.10. Do your agree with the statement that it is not clear why in a poor developing locator certain basic socio-economic right were relegated to the section an directive principles rather than made an informal feature of our fundamental rights? Give a reason as for your answer. What do you think are the possible reasons for splitting socio-economic rights in the section of directive principle?

Ans :- The directive principles of state policy prescribe some ideals and policy every government is supposed to follow it to realise the goal of an egalitarian society. They were specific expressions of the goals and ideals mentioned in the preamble to the constitution. Though distinct in nature these principles are complementary to the fundamental right in the sense that if later aims at the establishment of political democracy, the form tries to realize socio-economic democracy, until now, the directive principles of state policy have not been implemented effectively due to various fundamental rights are protected and guaranteed by the Fundamental Law. i.e constitution of the country. Fundamental rights are justiciable. 

This is the reason that in a poor country certain basic socio-economic rights were relegated to the section on Directive. Principles rather than made an integral part of fundamental rights. It appears that our country was so poor at the time of the commencement of the constitution that was not possible to give much pressure on the state. But their Directive Principles were embodied in the constipation to give ratification to the people. Those principles are according to Article 37 of the constitution “Fundamental in the governance of the government and if shall be the duty of the state to apply these principles in making caws” if the government does not show catharsis for implementing those principles, it will choose confidence of the people and cannot hope to remain in power.