Chapter 1

Constitution: why and how?

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.

Ans: 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.

Ans: 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.

b. Constitutions exist and are required only in democratic countries.

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

d. A constitution gives its citizens a new identity.

Ans:
a. True
b. False
c. False
d. 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.

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.

c. There was little originality in the Constitution, for much of it was borrowed from other countries.

Ans:
a. Correct — Because the Constituent Assembly was elected indirectly and not by universal adult suffrage, it was not directly elected by all citizens.
b. Incorrect — The Constituent Assembly had many major debates and decisions on fundamental issues like the form of government, rights, and federal structure.
c. Incorrect — Although the Constitution borrowed ideas from other countries, it was original in adapting these to India’s unique social, political, and cultural context.

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.

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.

Ans:
a. Examples — Dr. B.R. Ambedkar, Jawaharlal Nehru were respected leaders involved in the Constituent Assembly.
b. Examples — Separation of powers among Legislature, Executive, and Judiciary; Independent Election Commission.
c. Examples — Fundamental Rights guarantee individual freedoms; Directive Principles guide social and economic justice.

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?

Ans: Clear demarcation avoids conflicts and confusion about who holds authority. Without it, powers could overlap, causing disputes, inefficiency, and potential abuse of power.

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: Limitations prevent rulers from becoming tyrannical and protect citizens’ rights. A constitution without any power to citizens would be unfair and undemocratic, denying people their freedoms and participation in governance.

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?

Ans: Yes, the Japanese Constitution was imposed by an external power, limiting its legitimacy and people's ownership. The Indian Constitution, however, was drafted by representatives of Indians through a long deliberative process rooted in their national movement, giving it legitimacy and acceptance.

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?

Ans: I would explain that the Constitution is a living document that guides how the country is governed and protects everyone's rights. It reflects the collective agreement of the people, even if not individually asked. It also allows for amendments to keep it updated. Obeying it ensures fairness and order in society.

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.

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?

Ans: I agree most with Nazima’s position because the Constitution provides a framework for democracy and justice, but it requires people’s active participation and respect to succeed. If shortcomings occur, it often reflects societal failure to uphold constitutional values, not the Constitution itself.

Additional Question Answer:

Q1. What is a Constitution?

Ans: A Constitution is a set of written rules accepted by all people living together in a country. It is the supreme law that determines the relationship among the people, and between the people and the government.

Q2. What are the functions of a Constitution?

Ans: The Constitution performs several important functions:

1. It lays out certain ideals that form the basis of the kind of country we as citizens aspire to live in.

2. It defines the nature of a country’s political system.

3. It provides a set of rules to coordinate the functioning of different institutions and citizens.

4. It guarantees rights to the citizens and protects them from arbitrary actions.

Q3. What role does a Constitution perform for a society?

Ans: A Constitution ensures that all members of a society, despite their differences, can live together in peace and harmony. It helps resolve disputes, maintain order, and ensure fair treatment for everyone by laying down agreed rules.

Q4. How does a Constitution relate to our daily existence?

Ans: The Constitution affects our daily life by granting us rights such as the right to equality, freedom of expression, and education. It defines the responsibilities of the government and ensures that no one is above the law. For example, the laws we follow, the elections we vote in, and the freedoms we enjoy all stem from the Constitution.

Q5. Why do we need basic rules in society?

Ans: We need basic rules to ensure coordination among individuals. These rules provide clarity on what is allowed and what is not, thus creating a sense of security. They help settle disputes and maintain order in society.

Q6. What would happen if there were no basic rules?

Ans: Without basic rules, people would feel unsafe and unsure about how to behave with others. There would be conflicts, misunderstandings, and even violence due to the lack of coordination and common understanding.

Q7. Why must rules be enforceable?

Ans: Rules must be enforceable so that everyone follows them. If rules are not enforceable, people may break them without fear of punishment. Enforceable rules ensure that there is a legal mechanism to protect rights and punish wrongdoing.

Q8. What is the first function of a Constitution?

Ans: The first function of a Constitution is to provide a set of basic rules that allow for minimal coordination among members of a society.