CONSTITUTION: WHY AND HOW?
Chapter 1
Exercises
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 out 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.
Answer:- (c) It ensures that good people come to power.
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 cannot be amended by the parliament.
Answer:- (c) The constitution specifies how parliament is to be formed and what are its powers.
3. State whether the following statements about a constitution are True or False.
a. Constitutions are written documents about formation and power of the government.
Answer:- False
b. Constitutions exist and are required only in democratic countries.
Answer:- False
c. Constitution is a legal document that does not deal with ideals and values.
Answer:- False
d. A constitution gives its citizens a new identity.
Answer:- 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.
Answer:- It is wrong to say that the Constituent Assembly did not represent the Indian people because:
• Although the members of the Constituent Assembly were not elected by universal suffrage, a serious attempt was made to make the Assembly a representative body.
• The Constituent Assembly represented members of all religions, social and economic
groups so that all views could be accommodated within it.
• There were 26 members in the Assembly even from the Scheduled Castes.
b. Constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.
Answer:- This is correct because:
• The proposal with an objective policy was brought by Nehru in 1946 through the nationalist movement.
• The Constituent Assembly could not function without any background consensus on core principles.
• Our Constitution contains not only rules and processes but also a moral commitment to establish a government to keep fulfilling its promises to the people.
c. There was little originality in the Constitution, for much of it was borrowed from other countries.
Answer:- This is incorrect to say because:
• Though they borrowed several provisions from the constitutions of different countries but it was not based on Slavis imitation.
• Each provision before it is included, is carefully considered by the members of the Constituent Assembly.
• There were also long debates and discussions to examine the suitability of the existing situation in India along with the problems and aspirations of the people.
5. 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.
Answer:- The following two factors are responsible:
• The members of the Constituent Assembly were elected by indirect elections by the members of the Provincial Assemblies to be established in The Assembly reflected each community, province, and princely state through an appropriate formula. Even 28 members were from the Scheduled Castes.
• The members of the Constituent Assembly went through long debates and discussions for 166 days spread over two years and eleven months.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
Answer:- This can be summarized by the following two factors:
• Our Constitution institutionalizes government based on an approach to checks and balances. If one institution goes beyond its limits, the other checks it.
• The process of amendment for various articles of the Constitution is well described.
c. The Constitution is the locus of people’s hopes and aspirations.
Answer:- The following factors are responsible for this as:
• The Constitution provides certain fundamental rights with protected measures, the judiciary has the power to protect them.
• The Constitution of India includes some 'Guiding Principles of State Policy' which are not just but the moral duty of the government. The government has given some impact to these in the form of fixed minimum wage, formation of Panchayati Raj Institutions, Employment Guarantee Scheme and Mid-Day Meal Scheme etc., so that the hopes and aspirations of the people are fulfilled.
6. 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:- Clear demarcation of powers and responsibilities is necessary for a country
Reasons in the Constitution:
• To ensure that no one firm acquires a monopoly of power.
• in the case of crimes, it may be verified by one of the institutions.
• Specify who plays an important role in decision-making power.
• This shows how the government will be formed.
• It sets certain limits on both government and citizens which are both of a fundamental nature that should not be unauthorized access by government and citizens.
• The Constitution shows how the organs of government are interrelated as well as delimiting the powers of institutions like the Legislative Assembly, Executive and Judiciary as well as legal bodies, Election Commission of India etc.
• the judiciary is vested with a specific standing to declare any law unconstitutional if it is not equal to the provisions of the Constitution.
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?
Answer:-
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 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:- After Japan’s defeat in World War II (1939-1945), there could not have been any provision in the Japanese Constitution that the United States government did not like, as the Constitution seeks to perform tasks and look after the interests of the rulers or authorities of the country that occupied it. But, in a democratic country, a Constitution expresses the basic identity of people like India.
• The Indian experience differed from the Japanese experience in the following ways:
• Constitution of India The Constitution was prepared by the Constituent Assembly which was elected to aspire India to be a society free from any form of discrimination among people.
• The framers of the Indian Constitution worked to provide a person with minimum physical welfare and education as well as a life of social dignity and social respect.
• The Constitution of India enabled the government to fulfill the aspirations of the society, to further improve it.
9. 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:- If I were a teacher, I would answer Rajat:
• The Indian Constitution is a mixture of flexibility and rigidity. Therefore, despite being fifty years old, it is not outdated as it has been revised several times whenever it needs to be revised from time to time.
• The Constitution was drafted by a Constituent Assembly of one elected representative from each section of society.
• Though the Constituent Assembly was dominated by the Congress which occupied 82% of the seats in the Assembly, but it has representation from every class, religion and community, region to accommodate all kinds of views within it.
• Although it is not possible to consult with every individual in the preparation of the constitution, therefore, arrangements were made to select representatives from each branch to reflect the people from all of these.
10. 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.
Answer:
• The Constitution of India is a document consisting of the supreme and fundamental laws of the country regarding the powers, functions and structure of government.
• The Constitution also shows how the organs of government are interrelated with each other and also the relationship between the government and its citizens.
• In the Preamble to the Constitution, India is declared to be a sovereign, socialist, secular, democratic republic to introduce sovereign adult suffrage and provide social, economic and political justice to all citizens. But in practice, Indian democracy is suffering from various social and economic consequences that have proved to be a curse.
b. Neha: The Constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened, the Constitution has failed.
Answer:
• Some unconstitutional activities undermine the equality and freedom of citizens.
• Although free and fair elections have been arranged, money and muscle power are everywhere.
• Sometimes political leaders are found to have criminal background and some do vote bank politics.
• The judiciary must intervene in the work of the executive and legislature,
• The country, i.e. terrorism, Naxalism, communal riots etc. is still facing various problems.
Therefore, we agree with Neha's position that the objectives to be achieved through the Constitution have not yet been achieved due to the above facts, therefore we can say that the Constitution has failed to meet the needs of the individuals.
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?
