Table of Contents
Short Answer Type Question:
Q1. Give two examples each to support the following conclusions about the Indian Constitution:
a. The Constitution was made by credible leaders who commanded peoples’ respect.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
c. The Constitution is the locus of people’s hopes and aspirations.
Answer
a. The Constitution was made by credible leaders who commanded peoples’ respect.
• The members of Constituent Assembly have people from all sections and religions of society. Its members were chosen by indirect election by the members of the Provincial Legislative Assemblies that had been established under the Government of India Act, 1935.
• The constituent assembly also have members such as Jawaharlal Nehru, Sardar Patel, Rajendra Prasad, Ambedkar etc. which were part of national movement and also credible leaders.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
• The Indian Constitution horizontally fragments power across different institutions like the Legislature, Executive and the Judiciary and even independent statutory bodies like the Election Commission.
• It strike the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances as too rigid a constitution is likely to break under the weight of change whereas too flexible, will give no security, predictability or identity to a people.
c. The Constitution is the locus of people’s hopes and aspirations.• The Indian Constitution drew upon a long history of the nationalist movement that had a remarkable ability to take along different sections of Indian society together.
• The many provisions ensures institutional expression to fundamental commitments equality, liberty, democracy, sovereignty and a cosmopolitan identity.
Q2. Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation?
Answer
It is necessary for a country to have a clear demarcation of powers and responsibilities in the constitution because it allows different institutions to work efficiently without any confusion without any interference or overlapping of power and responsibilities.
In the absence of such demarcation there is always chances of clash regarding exercising of power between the various institutions that derive their power from the constitution and ultimately subvert it.
Q3. 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?
Answer
It is necessary for a constitution to place place limitations on the rulers because in the absence of this the government may pass a law which violates certain specified fundamental rights that all of us possess as citizens.
No, there cannot be a constitution that gives no power at all to the citizens because any authority cannot exist without citizens.
Q4. 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 had 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?
Answer
Yes, Japanese constitution did not represent the view of its citizens. The constitutions is forcedly imposed on them so there is no any provision which represent the goals and aspirations of the Japanese people. The constitution was made by the will of external country it compromises on the sovereignty of the country.
The Indian experience is very different from this because the constitution reflects the ideologies that were influenced by nationalist movement. It was framed by Constituent Assembly which have members elected indirectly by the members of the Provincial Legislative Assemblies. It represents the voice of nation and have sovereign character.
Q5. Rajat asked his teacher this question: “The constitution is a fifty year 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 why should I obey this document?” If you were the teacher, how would you answer Rajat?
Answer
The Constitution is not an outdated book as it accepts the required changes to keeps updated with requirements of the changing times. The amendment in the provision of constitution made time to time but according to rigid law so that no one can alter it for their own interest.
The language of Indian constitution is elaborative. Its vast size and also inclusion of some legal languages stands it as tough. However, it is written in too detailed manner clearing all confusion that may come.
The Indian constitution is a body fundamental principles according to which India is governed. It provides democratic form of government in India. It grants fundamental rights and privileges to all its citizens. It lay down th basic ideals of secularism, equality and fraternity. It is very necessary for smooth functioning and working of various institutions and also maintains stability. Therefore, we should obey this document.
Q6. 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 solemn 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 own position?
Answer
Yes, I agree with Nazima’s view. The constitution has effective principles for proper governance of country. However, the people who are responsible for execution and implementation of the principles have failed to do so because of their own interest. It is all about welfare of citizens and giving equal oppurtunities to all but without thinking of welfare of the nation they using it for their profit. Therefore, the constitution has not failed us but we failed the constitution.
Long Answer Type Questions :
Q1.Write the Preamble to the Indian Constitution.
Answer:
The 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.
Q2.What was ‘Objectives Resolution’? Explain.
Answer:
The best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution that defines the aims of the Assembly, moved by Nehru in 1946. It encapsulated the aspirations and values behind the Constitution:
- India is an independent, sovereign, republic;
- India shall be a Union of erstwhile British Indian territories, Indian States and other parts outside British India and Indian States as are willing to be a part of the Union.
- Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
- All people of India shall be guaranteed and secured social, economic and political justice. Equality of status and opportunities and equality before law and fundamental- freedom of speech, expression, belief, faith, worship, association and action-subject to law and public morality.
- The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards.
- The land would make full and willing contribution to the promotion of world peace and welfare of mankind;
- All powers and authority of sovereign and independent India and its constitution shall flow from the people;
- The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations
Q3.What are the unique features of Indian Constitution?
Answer:
The unique features of Indian Constitution are as follows:
- Indian Constitution is written set of rules and regulations and it is the lengthiest Constitution in the world containing 395 articles, 12 schedules and a book of more than 250 pages.
- Indian Constitution has provided to Indian citizens fundamental rights and to establish a welfare state, directive principles of state policy have also been generated.
- By the 42nd Amendment in 1976, some (ten) fundamental duties have also been added up in the Constitution.
- Indian Constitution is federal in structure but unitary in spirit.
- The Indian Constitution is a blend of flexibility and rigidity, i.e. some of the Articles in Constitution can be amended by simple-majority but some require 2/3 majority of the parliament and voting in each house as well as to be ratified by at least half of the state legislatures.
Q4.Mention the sources of the Indian Constitution along with the feature taken from these sources.
Answer:
The Government of India Act, 1935:
About two-thirds of the Indian Constitution is derived from the Government of India Act, 1935
- Provincial autonomy
- Parliamentary system
- Federal count
- Federal system
British Constitution:
- Parliamentary form of government
- The idea of the rule of law
- Institution of the speaker and his role
- Law-making procedure
- Single citizenship
- Single integrated judiciary
United States Constitution:
- Charter of Fundamental Rights
- Power of judicial review and independence of the judiciary
- Preamble to Constitution
Irish Constitution:
- Provided for the guidelines to the state
- Included directive principles of state policy
French Constitution:
- Principles of liberty
- Principles of equality and fraternity
Canadian Constitution:
- A quasi-federal form of government (a federal system with a strong central government).
- The idea of residual powers.
German Constitution:
- Emergency provisions
- Indian President’s powers to impose external or internal emergencies.
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