Constitution as a Living Document: AHSEC Class 11 Pol Sci

Get summaries, questions, answers, solutions, notes, extras, PDF and guide of Class 11 (first year) Political Science textbook, chapter 9 Constitution as a Living Document and its Philosophy, which is part of the syllabus of students studying under AHSEC/ASSEB (Assam Board). These solutions, however, should only be treated as references and can be modified/changed. 

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Summary

The chapter “Constitution as a Living Document and its Philosophy” explains the philosophy behind the Indian Constitution and its evolution as a dynamic framework. It begins with Jawaharlal Nehru’s Objective Resolution, which laid the foundation for the Preamble. The Preamble reflects the Constitution’s sources, aims, objectives, and ideals, drawing inspiration from the US Constitution and the UN Charter. It states that the people of India are the ultimate authority, establishing India as a Sovereign, Socialist, Secular, Democratic Republic with aims of justice, liberty, equality, and fraternity.

The Constitution is described as a blend of rigidity and flexibility. This balance allows it to adapt to changing circumstances without losing its core principles. Amendments can be made through different procedures, depending on the nature of the changes required. Some amendments need only a simple majority in Parliament, while others require a special majority and ratification by at least half of the State Legislatures.

The Supreme Court of India plays a crucial role in maintaining the Constitution’s integrity through its power of judicial review. This power allows the Court to invalidate amendments that violate the Constitution’s basic structure, a doctrine established in the Kesavananda Bharati case in 1973. The basic structure includes elements such as the supremacy of the Constitution, the republican and democratic form of government, secularism, and the separation of powers among the legislature, executive, and judiciary.

The Constitution is considered a living document because it evolves with the nation’s needs and circumstances. It provides a framework that can accommodate social and economic changes, ensuring that it remains relevant and effective. The chapter highlights the importance of the Preamble and the judiciary in guiding and interpreting the Constitution to reflect contemporary values and challenges.

Criticism of the Constitution includes arguments that it is a “lawyer’s paradise,” overly complex, and not sufficiently representative since it was not directly ratified by the people through a referendum. Despite these criticisms, the Constitution is seen as a workable document that balances idealism and realism, capable of guiding India through various challenges and changes .

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Essay Type

1. “India is a Sovereign, Socialist, Secular, Democratic Republic” – Discuss.

Answer: The Preamble to the Constitution of India declares India to be a Sovereign, Socialist, Secular, Democratic Republic. Each term carries significant meaning and reflects the core philosophy of the Constitution.

Sovereign: This means India is an independent nation and not subject to any external authority. It has the power to legislate on any matter, execute laws, and administer justice without external interference.

Socialist: The term ‘Socialist’ was added by the 42nd Amendment Act of 1976. It implies the achievement of socialist ends through democratic means. It envisions a society where wealth is distributed equitably, and there is no concentration of wealth and means of production in a few hands.

Secular: India is a secular state, meaning there is no state religion. The state treats all religions equally and grants religious freedom to all its citizens. It is important to note that Indian secularism means equal respect for all religions rather than separation of religion and state.

Democratic: India follows a democratic form of government, where the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation involving free and fair elections.

Republic: In a republic, the head of the state is elected and not a hereditary monarch. In India, the President is the elected head of the state.

The Constitution ensures justice, liberty, equality, and fraternity to maintain the dignity of the individual and the unity and integrity of the nation. This combination of terms highlights the commitment to building a society based on the principles of equality, social justice, and respect for all citizens, without discrimination based on religion, race, caste, sex, or place of birth.

2. Explain the objectives of the Preamble to the Constitution of India.

Answer: The objectives of the Preamble to the Constitution of India are to set out the main goals which the government should strive to achieve. The Preamble truly depicts the spirit of the Constitution and provides a strong socio-economic basis. It points out the firm resolve of the people of India to unite themselves. The Preamble embodies the philosophy of the Indian Constitution. Justice Hidayatulla observes: “The Preamble is more than a declaration. It is the soul of our Constitution and lays down the pattern of our political society. It contains a solemn resolve which nothing but a revolution can alter.” The Preamble is also important from a socio-economic point of view. It expresses the socio-economic and political values which the Constitution of India should promote.

3. Discuss the significance of the Preamble to the Indian Constitution.

Answer: The Preamble is the key to the Constitution, providing direction and purpose. It ensures the Constitution is not aimless and sets out the main objectives for the government, helping to evaluate its achievements.

The Preamble embodies the philosophy of the Indian Constitution, laying down the pattern of political society. It expresses socio-economic and political values and indicates the democratic basis of the Constitution, highlighting the importance of the people as the source of authority.

Legally, while not part of the Constitution, the Preamble guides understanding its spirit. Judges use it for interpreting constitutional provisions, reflecting the principle of a welfare state.

In a developing country like India, the Preamble is essential for mobilising public opinion and keeping the government on the right path. The entire Constitution can be seen as an elaboration of the Preamble’s ideals and aspirations, crucial for its success.

4. Discuss the drawbacks of the Preamble to the Constitution of India.

Answer: The drawbacks of the Preamble to the Constitution of India are:

• The phrase “We, the people of India” is a misnomer because the Constituent Assembly was not truly representative. Delegates were not elected by universal adult franchise, and the Constitution was not approved by a referendum.
• The ideals in the Preamble are unclear and flexible, lacking commitment to any ideology. Terms like “Socialism and Secularism” included by the 42nd Amendment are still not clearly defined.
• According to P.B. Gajendragadkar, the Preamble is neither a source of power nor privation of power and is not justiciable. It appears to be an ideal dream rather than the Constitution itself.
• The Constitution’s operative part has not adequately fulfilled the Preamble’s ideals, making them appear as mere slogans without real value due to the lack of machinery for their achievement.
• The Preamble has no control over the enacted part of the Constitution. The Supreme Court has stated that while the enacting part is explicit, the Preamble cannot control or restrict it but can be used to explain it when ambiguous.

5. “We, the people of India.”-Explain the significance of this phrase.

Answer: The phrase “We, the people of India” is a misnomer because the Constituent Assembly was not truly representative in character. The delegates of the Indian States were not elected and hence they were not popular representatives. They represented only their rulers. Moreover, the representatives of the provinces were not elected according to universal adult franchise. The Constitution was also not approved by a referendum. So, the phrase “We, the people of India” is not appropriate.

6. Is the Preamble a part of the Constitution? Give reasons.

Answer: The Preamble is a part of the Constitution. One of the controversies about the Preamble to the Constitution is whether it is a part of the Constitution or not. In Berubari case, the Supreme Court held that it is not a part of the Constitution. It reversed its judgement in the Keshvananda Bharti’s case in which it held that it is a part of the Constitution. But the Preamble is non-enforceable by a Court of law. In other words, the Preamble is not a justiciable part of the Constitution. P.B. Gajendragadkar, former Chief Justice of the Supreme Court, said: “Preamble itself is neither a source of power, nor a source of the privation of power.”

7. Explain the Philosophy of the Constitution of India.

Answer: The philosophy of the Constitution of India is encapsulated in its Preamble and the Objective Resolution moved by Jawaharlal Nehru. The Objective Resolution laid the foundational principles which are reflected in the Preamble, emphasizing the ideals and objectives of the nation.

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic, aiming to secure Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (assuring the dignity of the individual and the unity and integrity of the nation). These principles are influenced by the philosophies of the Russian and French Revolutions.

Justice: Justice in the Preamble has three dimensions: social, economic, and political. Social justice aims for a welfare state with no discrimination on artificial grounds, economic justice implies the security of common people, and political justice ensures free and fair participation in political life.

Liberty: Liberty in the Preamble refers to the positive sense of creating healthy conditions for individual development and the negative sense of absence of restraints. It emphasizes liberty in thought, expression, faith, belief, and worship, ensured by basic rights.

Equality: Equality means equality of status and opportunity, guaranteed by the rule of law, with no discrimination on various grounds like religion, caste, or place of residence.

Fraternity: Fraternity emphasizes the dignity of the individual and the unity and integrity of the nation. It aims to create a single organic whole, recognizing the personality and dignity of every individual.

The Preamble, though not enforceable by law, is considered the key to the Constitution, guiding the interpretation and implementation of its principles. It reflects the hopes, aspirations, and intentions of the framers, emphasizing the democratic and welfare state nature of India.

8. Write at least five drawbacks of the Preamble to the Constitution of India.

Answer: Five drawbacks of the Preamble to the Constitution of India are:

• The phrase “We, the people of India” is a misnomer because the Constituent Assembly was not truly representative. The delegates were not elected by universal adult franchise, and the Constitution was not approved by a referendum.
• The ideals in the Preamble are not clear and lack commitment to any ideology. Terms like “Socialism” and “Secularism” are flexible and can be interpreted in various ways.
• The Preamble is not a source of power or deprivation of power and is not a justiciable part of the Constitution. It appears to be an ‘ideal dream’ rather than a functional part of the Constitution.
• The operative part of the Constitution has not adequately fulfilled the ideals of the Preamble, making these ideals seem like mere slogans without real value or machinery to achieve them.
• The Preamble has no control over the enacted part of the Constitution. It cannot restrict or qualify explicit and unambiguous laws, only explain ambiguous ones.

9. Discuss the impact of the Objectives Resolution on the Preamble to the Constitution of India.

Answer: Jawaharlal Nehru moved the Objectives Resolution in the first session of the Constituent Assembly. The objectives of the Resolution moved by Nehru have found their place in different parts of the Constitution. The Objectives Resolution may be considered as the basis of the Preamble to the Constitution of India. The Preamble reflects clearly the basic principles laid down in the Objectives Resolution. The Objectives Resolution was passed by the Constituent Assembly before any commitment to the partition of the country. The partition of India was agreed to on June 3, 1947. So, the partition of India belied the great hopes of the framers of the Objectives Resolution. But India followed these objectives while framing her Constitution.

10. Explain the basic principles of the Preamble.

Answer: The basic principles are explained below:

• Justice: The term justice in the Preamble has three dimensions: social, economic, and political. Social justice is the basis of a welfare state with no discrimination on any artificial ground. Economic justice implies no discrimination based on economic values and ensures economic security for common people. Political justice means free and fair participation in political life without discrimination.
• Liberty: Liberty means the creation of healthy conditions for the development of individual personality (positive liberty) and the absence of restraints (negative liberty). The Preamble emphasizes positive liberty in thought, expression, faith, belief, and worship, ensured through basic rights.
• Equality: Equality is the basis of a democratic state, meaning equality of status and opportunity without artificial restrictions. Every citizen is equal before the law with no discrimination based on religion, caste, creed, color, or residence.
• Fraternity: Fraternity emphasizes the dignity of the individual and the unity and integrity of the nation. It means recognizing every individual’s personality, ensuring social justice, and promoting fraternity by removing social distinctions and inequalities.

11. How far India is a democratic state?

Answer: The Constitution of India is federal in structure with a flexible federation. The Supreme Court’s judgement clarifies that the Constitution, not Parliament, is supreme. Parliament’s power is limited to ensure it does not destroy the Constitution. The doctrine of basic structure applies only to amendments, not ordinary laws. The Court’s decision resolves the controversy between the Courts and the Executive.

Despite imperfections, the Constitution of India is workable, blending idealism and realism. The framers used democratic processes to create a document for all people of India to work together in building a new, free India.

12. Write a short note on the Political Philosophy of Indian Constitution.

Answer: The political philosophy of the Indian Constitution includes individual freedom, social justice, respect for diversity and minority rights, secularism, universal franchise, federalism, and national identity. These elements collectively represent the core provisions of the Indian Constitution, reflecting its commitment to ensuring liberty, equality, and fraternity among its citizens. The Constitution aims to create a just and equitable society, recognizing the importance of protecting the rights of individuals and minorities while promoting a sense of national unity and integrity.

13. What is meant by Amendment? Explain the meaning of formal and informal methods of amendment.

Answer: Amendment means a change or addition designed to improve a text, piece of legislation, etc. In the context of a constitution, an amendment is a formal change or addition proposed or made to the constitution.

The formal method of amendment involves a structured process defined by the constitution itself. It typically requires the proposal of the amendment by the legislature, followed by approval from a specified majority of legislators, and sometimes ratification by the states or a referendum. For example, in the case of the Indian Constitution, amendments can be made by the Parliament with a special majority and, in some cases, must also be ratified by at least half of the state legislatures.

The informal method of amendment refers to changes that occur through more flexible and less formal means. This includes judicial interpretations, conventions, and practices that evolve over time. For instance, the judiciary may interpret constitutional provisions in a way that effectively changes their meaning or application, adapting the constitution to new circumstances without altering its text.

14. Discuss briefly the amendment procedure of the Indian Constitution.

Answer: The procedure for the amendment of the Indian Constitution is designed to balance rigidity and flexibility. Some provisions require only the unilateral action of Parliament, while others necessitate ratification by at least half of the State Legislatures. There were two schools of thought: one, led by Sir Alladi Krishnaswami Ayyar and Prof. K. T. Shah, favored a rigid procedure, while the other, led by Jawaharlal Nehru and H.V. Kamath, supported flexibility to allow for gradual innovation. The Drafting Committee adopted a compromise method inspired by D. Fulton in Canada, categorizing the articles and prescribing different amendment procedures accordingly. This ensures that while the federal structure is protected, necessary changes can be made to adapt to evolving needs.

15. Explain the methods of amendment of the Indian Constitution.

Answer: The procedure for the amendment of the constitution is laid down in Article 368 of the Constitution of India.

• Simple Method: Provisions can be amended by the Parliament like a non-money bill, requiring a simple majority and Presidential assent. This includes the creation or alteration of states, privileges of Parliament members, and salaries of high officials.
• Rigid and Flexible Methods: Some amendments require a special majority in Parliament. A bill must be passed by two-thirds of the members present and voting in each House and then receive Presidential assent. This covers Fundamental Rights, Directive Principles, and other major provisions.
• Rigid Method: Certain amendments need both Parliament’s and State Legislatures’ approval. A bill must first pass by a special majority in Parliament, then be ratified by half of the State Legislatures by a simple majority, and finally receive Presidential assent. This includes provisions related to the President’s election, Supreme Court jurisdiction, and the federal structure.

16. Discuss the merits and demerits of the amending procedure of the Indian Constitution.

Answer: The merits and demerits of the amending procedure of the Indian Constitution are:

Merits:

• The procedure for the amendment of the Constitution is of a mixed nature. That is why it can adapt itself to various situations.
• Because of the flexibility of the Constitution, it can check the growth of revolutionary tendencies.
• A mixed procedure for the amendment of the Constitution is the main reason behind its success so far.
• The procedure laid down in the Constitution for its amendment is in a position to meet with the aspirations of the people.
• The flexibility of the Constitution has made it possible to meet the requirements of a dynamic and progressive nation.
• The basic structure of the Constitution cannot be changed easily by the simple will of the Union Parliament.
• The procedure for the amendment of the Constitution is rigid where it should be rigid.

Demerits:

• The procedure for the amendment of the Constitution has become very complex because of the adoption of three specific methods.
• Neither the State Legislatures as in the USA, nor the head of the State as provided in the Constitution of the Fifth Republic of France, nor the people as in Switzerland have the right to initiate amendments. This authority is solely vested in the Parliament.
• Unless both the Houses agree, the Constitution cannot be amended as there is no provision for joint sitting of the two Houses to resolve such a deadlock.
• An amendment Bill must be passed by two-thirds of the members present and voting. A two-thirds majority of the members present and voting may be confusing. The Constitution is not clear about that. The answer to this question is that it is a two-thirds majority of the members present.
• Majority of total membership does not mean the majority of the actual membership of the House but the majority of the total prescribed strength of the House notwithstanding the vacancies therein. Some amendment Bills could not be passed because of this.
• Approval of special majority at every stage of the passing of the Bill is very difficult.
• The expression State Legislature does not include the Legislatures of the Union Territories.

17. What is Amendment? What are the characteristics of the amendment procedure of the Constitution?

Answer: An amendment is a formal change or addition proposed or made to a law or a legal document. The amendment procedure of the Constitution of India is a mixture of rigidity and flexibility. It adopts methods from both the British and American systems.

Characteristics of the Procedure for Amendment to the Constitution:

• The procedure is unique and differs from other Constitutions.
• Parliament is the sole authority to amend the Constitution.
• It is a complex procedure.
• States have no initiative in amending the Constitution.
• The amending procedure is flexible due to the one-party-dominant system.
• An amendment Bill can be introduced like an ordinary Bill.

18. Explain the procedure for law making in the Parliament.

Answer: The procedure for law making in the Parliament is as follows:

• Simple Method: Some provisions require their amendment by unilateral action of the Parliament. A bill introduced in either House must be adopted by a simple majority and assented to by the President.
• Rigid and Flexible Methods: Amendments can be done by unilateral action of the Parliament by special majority. An amendment Bill must be passed by each House by a two-thirds majority of members present and voting, and a majority of the total membership of that House, then assented to by the President.
• Rigid Method: Some amendments require bilateral action of the Union and State Legislatures. A Bill must be passed by a special majority in both Houses of Parliament, then ratified by half of the State Legislatures, and finally assented to by the President.

This includes provisions related to the elections of the President, the powers of the Union and States, the judiciary, and federal structure.

19. The Constitution of India is as a Living Document- Explain.

Answer: A Constitution is a dynamic document. It should grow with a growing nation and should suit the changing needs and circumstances of a growing and changing people. Sometimes under the impact of new powerful social and economic forces, the pattern of government will require major changes. If the Constitution stands as a stumbling block to such desirable changes, it may under extreme pressure, be destroyed. A Constitution, as such, cannot have any claim to permanence; nor should it, because it has been adopted and has been working ever since, claim absolute sanctity. Mulford has rightly said, “An unamendable Constitution is the worst tyranny of time or rather the very tyranny of time.”

Herman Finer defined Constitution as the process of amendment, for in his view, to amend is to deconstitute or reconstitute. W. Munro has rightly observed: “….it is impossible to conceive of an unamendable Constitution as anything but a contradiction in terms.” The problem before the makers of the Constitution to devise such a process of amendment by which a comparative stability could be secured to the federal provisions of the Constitution, while in other respects the Constitution could be made to respond to the needs for reform and progress under the new Constitutions. Jawaharlal Nehru has said, “The Constitution cannot and should not be changed frequently. Obviously also, it can and must be changed when the situation requires it to be changed.” A Constitution to be living must be growing; must be adaptable, must be flexible, must be changeable. Indeed, any amendment of the Constitution should be justified by compelling reasons and circumstances.

Short Answer Type I

1. Explain the procedure for amendment of the Constitution of India.

Answer: The procedure for amending the Constitution of India is outlined in Article 368 and involves three methods. The simple method requires only a simple majority in both Houses of Parliament, where the bill must be passed by this majority and then assented to by the President. The rigid and flexible methods require a special majority in both Houses of Parliament, where the bill must be passed by two-thirds of the members present and voting, as well as by a majority of the total membership of each House, before being presented to the President for assent. The rigid method requires approval from both Parliament and at least half of the State Legislatures. In this case, the bill must first be passed by Parliament with a special majority, then ratified by at least 50% of the State Legislatures by a simple majority, and finally presented to the President for assent.

2. How far India is a Secular State?

Answer: India is a secular state as it provides equal treatment to all religions. The state does not have an official religion, and it allows the practice, professing, and propagation of any religion. The Constitution prohibits any discrimination on grounds of religion and ensures religious freedom to all citizens .

3. Write a short note on Economic Justice.

Answer: Economic justice means the absence of discrimination between man and man on the basis of economic values. It implies economic security of the common people and stands for the removal of economic inequalities. The Constitution of India advocates economic justice to ensure that no one is deprived of basic economic opportunities .

4. Why is India called a Republic?

Answer: India is called a republic because the head of the state is elected, not a hereditary monarch. The President of India is elected indirectly by an electoral college for a term of five years .

5. Explain what is meant by Social Justice.

Answer: Social justice refers to the elimination of inequalities in social status, facilities, and opportunities. It means that there should be no discrimination on the basis of caste, religion, gender, or place of birth. Social justice is aimed at ensuring that all citizens have equal opportunities and are not subject to any kind of social discrimination .

6. Write a note on Sovereignty of India.

Answer: The sovereignty of India means that India is free from any external control and has the supreme authority to govern itself. The people of India have the ultimate authority to decide their own affairs, both internal and external. This sovereignty is reflected in the Preamble of the Constitution which states that India is a sovereign state .

7. Write note on “India as a socialist state.”

Answer: India is described as a socialist state in the Preamble to the Constitution. This means that India aims to achieve social and economic equality through democratic means. It involves the reduction of income inequalities, equitable distribution of resources, and providing opportunities for all, especially the weaker sections of society .

8. Mention five ideals of the Preamble of the Constitution of India.

Answer:

• Justice: Social, economic, and political.
• Liberty: Of thought, expression, belief, faith, and worship.
• Equality: Of status and opportunity.
• Fraternity: Assuring the dignity of the individual and the unity and integrity of the nation.
• Sovereignty: The authority of the people of India to govern themselves .

9. Mention five objectives of the Indian Constitution as laid down the Objective Resolution.

Answer:

• To establish India as an independent, sovereign, republic.
• To secure justice, liberty, and equality for all citizens.
• To promote fraternity among people.
• To maintain the unity and integrity of the nation.
• To provide for the welfare of all citizens, ensuring socio-economic and political justice .

10. Mention three kinds of Justice as enshrined in the Preamble to the Constitution of India.

Answer: The three kinds of Justice as enshrined in the Preamble to the Constitution of India are:

• Social Justice
• Economic Justice
• Political Justice

11. Mention five types of liberty as mentioned in the Preamble.

Answer: The term liberty can be used in two senses- positive and negative. In the positive sense, liberty means the creation of healthy conditions for the development of the personality of the individuals. In the negative sense, liberty implies the absence of restraints upon the life of the people. The Preamble to the Constitution of India lays emphasis on liberty in the positive sense. People should be allowed to enjoy liberty in the spheres of thought, expression, faith, belief, and worship.

12. Write any five objectives of the Constitution.

Answer: The Preamble to the Constitution of India lists the following objectives:

• Justice: social, economic, and political;
• Liberty: of thought, expression, belief, faith, and worship;
• Equality: of status and opportunity;
• Fraternity: assuring the dignity of the individual and the unity and integrity of the nation;
• Sovereign, Socialist, Secular, Democratic Republic.

13. Write a note on the simple procedure for the amendment of the Constitution.

Answer: The procedure for the amendment of the Constitution is its yardstick to judge whether the Constitution is rigid or flexible. The Constitution of India is federal in structure, but the procedure for its amendment is neither rigid nor flexible; it is a mixture of both. The British Constitution is the best example of a flexible Constitution. The procedure for the amendment of the Constitution of India is based on the British and the American methods. It is a combination of both methods. It is only for amending a few articles that the ratification of State Legislatures is necessary. All other articles of the Constitution can be amended by the Parliament.

14. Write a short note on the basic structure of the Indian Constitution. Or, Explain the debate over the basic structure of the Indian Constitution.

Answer: The basic structure of the Indian Constitution refers to those fundamental principles that underpin the Constitution and cannot be altered or destroyed through amendments. This doctrine was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973), where it was held that while the Parliament has the power to amend the Constitution, it cannot change its basic structure. The debate over the basic structure revolves around what constitutes these core principles and how they are protected from potential erosion through legislative changes. The Supreme Court’s judgment has acted as a safeguard to maintain the essence of the Constitution while allowing for its evolution and adaptation over time.

15. Write a short note on the rigidity of the Indian Constitution.

Answer: The Constitution of India is federal in structure, but the procedure for its amendment is neither entirely rigid nor entirely flexible; it is a mixture of both. A federal Constitution should have a rigid procedure for its amendment so that the federal structure cannot be destroyed unilaterally. The Constitution of the United States of America is rigid, as it cannot be amended without the consent of the States. The Indian Constitution provides different procedures for amendment, attaching different categories of rigidity to different provisions. It is only for amending a few articles that the ratification of State Legislatures is necessary; all other articles can be amended by the Parliament.

16. Mention four subjects which can be amended by simple majority in the Parliament.

Answer: Four subjects which can be amended by a simple majority in the Parliament include:

• Admission or establishment of new states;
• Formation of new states and alteration of areas, boundaries, or names of existing states;
• Abolition or creation of Legislative Councils in states;
• Second Schedule – emoluments, allowances, privileges, and so on of the President, Governors, Speakers, Judges, etc.

17. Write any five drawbacks of the amending procedure of the Indian Constitution.

Answer: Five drawbacks of the amending procedure of the Indian Constitution are:

• The phrase “We, the people of India” is considered a misnomer because the Constituent Assembly was not truly representative in character.
• The ideals enshrined in the Preamble are not clear and may mean anything to anyone.
• The Preamble is neither a source of power nor a source of the privation of power, making it appear as an ‘ideal dream.’
• The operative part of the Constitution has not taken adequate steps to fulfil the ideals laid down in the Preamble, making them mere slogans.
• The Preamble has no control over the enacted part of the Constitution.

18. How far the procedure for the amendment of the Indian Constitution is federal?

Answer: The procedure for the amendment of the Indian Constitution is federal to the extent that certain amendments require the ratification of at least fifty per cent of State Legislatures. This ensures that changes affecting the federal structure of the Constitution cannot be made unilaterally by the central government. However, many amendments can be made by the Parliament alone, which introduces an element of flexibility that is not typically characteristic of a purely federal system. This balance aims to protect the federal structure while allowing for necessary changes.

19. Mention five cases where ratification of at least fifty per cent of State Legislative Assemblies is necessary for amending certain articles of the Constitution of India.

Answer:

• Election of the President.
• Extent of the executive power of the Union and the states.
• Distribution of legislative powers between the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.

20. Mention five important subjects which the Indian Parliament can amend by the ordinary law-making process.

Answer:

• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries, or names of existing states.
• Abolition or creation of Legislative Councils in states.
• Salaries and allowances of members of Parliament.
• Quorum in Parliament.

21. Mention five defects of the procedure of amendment.

Answer: Five defects of the procedure of amendment are:

• The Constituent Assembly was not truly representative in character, leading to the phrase “We, the people of India” being considered a misnomer.
• The ideals enshrined in the Preamble are not clear and can be interpreted flexibly.
• The Preamble is not a justiciable part of the Constitution, making it appear as an ideal dream rather than a source of power.
• The operative part of the Constitution does not adequately fulfill the ideals laid down in the Preamble, making them seem like mere slogans.
• The Preamble has no control over the enacted part of the Constitution, as evidenced in the Kerala Education Bill case.

22. Write five provisions of the 42nd Amendment Act.

Answer:

• Addition of the words “Socialist,” “Secular,” and “Integrity” to the Preamble.
• Extension of the duration of the Lok Sabha and State Legislatures from five to six years.
• Inclusion of Fundamental Duties for citizens.
• Restriction on the power of the courts to review and interfere with constitutional amendments.
• Empowerment of the President to make laws through ordinances for the Union territories.

23. In which year was the 42nd Amendment passed in the Indian Parliament?

Answer: The 42nd Amendment was passed in the Indian Parliament in the year 1976.

Short Answer Type II

1. Write the drawbacks of the Preamble to the Constitution of India.

Answer: The Preamble to the Constitution of India has the following drawbacks:

• The phrase “We, the people of India” is a misnomer because the Constituent Assembly was not truly representative.
• The ideals enshrined in the Preamble are not clear and lack commitment to any ideology. The terms “Socialism and Secularism” are still not clear.
• The Preamble is neither a source of power nor a source of the privation of power, making it appear as an ‘ideal dream’ of the framers.
• The operative part of the Constitution has not taken adequate steps to fulfil the ideals laid down in the Preamble, making these ideals mere slogans.
• The Preamble has no control over the enacted part of the Constitution; it can only be referred to explain and elucidate ambiguous parts of the Constitution.

2. Explain the meaning of “We, the people of India.”

Answer: The phrase “We, the people of India” is a misnomer because the Constituent Assembly was not truly representative in character. The delegates of the Indian States were not elected and hence they were not popular representatives. They represented only their rulers. Moreover, the representatives of the provinces were not elected according to universal adult franchise. The Constitution was also not approved by a referendum. So, the phrase “We, the people of India” is not appropriate.

3. When and who passed the Objective Resolution?

Answer: Jawaharlal Nehru moved the Objective Resolution in the first Session of the Constituent Assembly. The Objective Resolution was passed by the Constituent Assembly before any commitment to the partition of the country.

4. Who prepared and moved the Objective Resolution?

Answer: Jawaharlal Nehru prepared and moved the Objective Resolution in the first Session of the Constituent Assembly.

5. Name three documents which exercised influence on the Preamble to the Indian Constitution.

Answer: The three documents which exercised influence on the Preamble to the Indian Constitution are:

• The Preamble to the Constitution of the U.S.A.
• The Objective Resolution.
• The Charter of the United Nations.

6. Name three words added to the Preamble by the 42nd Constitution Amendment Act.

Answer: The three words added to the Preamble by the 42nd Constitution Amendment Act are:

• Socialist
• Secular
• Integrity

7. Write the three objectives of the Indian Constitution.

Answer: The three objectives of the Indian Constitution are:

• Justice, social, economic, and political
• Liberty of thought, expression, belief, faith, and worship
• Equality of status and opportunity

8. Mention three ideals of the Preamble to the Constitution of India.

Answer: The three ideals of the Preamble to the Constitution of India are:

• Justice
• Liberty
• Equality

9. Why is India regarded as a democratic state? Give two reasons.

Answer: India is regarded as a democratic state for the following reasons:

• The Constitution of India provides for a government elected by the people, ensuring that the ultimate power rests with the people.
• The democratic principles enshrined in the Preamble and various provisions of the Constitution ensure that the fundamental rights and freedoms of individuals are protected and upheld.

10. Write three defects of the procedure for the amendment of the Constitution.

Answer: The defects of the procedure for the amendment of the Constitution are:

• The procedure for the amendment of the Constitution has become very complex because of the adoption of three specific methods.
• Neither the State Legislatures as in the USA, nor the head of the State as provided in the Constitution of the Fifth Republic of France, nor the people as in Switzerland have the right to initiate amendments. This authority is solely vested in the Parliament.
• Unless both the Houses agree, the Constitution cannot be amended as there is no provision for a joint sitting of the two Houses to resolve such a deadlock.

11. Write three characteristics of the amendment procedure of the Indian Constitution.

Answer: The characteristics of the amendment procedure of the Indian Constitution are:

• The procedure is a type by itself. It differs from all other Constitutions.
• There is no provision for a separate body to amend the Constitution. The Parliament is the sole authority in this regard.
• It is a complex procedure.

12. Write three major amendments of the Constitution.

Answer: The three major amendments of the Constitution are:

• The 42nd Amendment, which made significant changes to the Constitution including the addition of the terms “Socialist” and “Secular” to the Preamble.
• The 44th Amendment, which restored the powers of the Supreme Court and High Courts and repealed the provision of internal emergency in the event of armed rebellion.
• The 73rd Amendment, which provided constitutional status to the Panchayati Raj institutions and aimed at decentralizing power to the grassroots level.

13. Name the three procedures of Amendment.

Answer: The three procedures of Amendment are the Simple Method, the Rigid and Flexible Methods, and the Rigid Method.

14. Mention three provisions of the 44th Constitution Amendment Act.

Answer: The three provisions of the 44th Constitution Amendment Act are:

• Deletion of the right to property from Part III of the Constitution.
• Restoration of the 5-year term of legislatures.
• Internal emergency in the event of armed rebellion, protecting life and personal liberty, etc.

15. Mention three provisions of the 43rd Amendment Act.

Answer: The three provisions of the 43rd Amendment Act are:

• Restoration of the powers of the Supreme Court and High Courts.
• Repeal of the ban on so-called anti-national organisations.
• Repeal of six articlesthat had been inserted into the Constitution by the 42nd Amendment.

16. Write the main contents of the 73rd and 74th Amendments.

Answer: The main contents of the 73rd and 74th Amendments are:

• The 73rd Amendment added a new part relating to urban local bodies.
• The 74th Amendment provided 20 seats reserved for Scheduled Tribes in the Tripura Legislative Assembly.

17. Explain three methods of amendment of the Constitution of India as mentioned in Article 368.

Answer: The three methods of amendment of the Constitution of India as mentioned in Article 368 are:

• Simple Method: Some provisions can be amended by the Parliament with a simple majority, similar to a non-money bill.
• Rigid and Flexible Methods: Amendments require a special majority of Parliament, with a two-thirds majority of members present and voting, and the President’s assent.
• Rigid Method: Requires a special majority in Parliament and ratification by half of the State Legislatures. The President must assent to the Bill, with no time limit imposed​​.

18. Mention the three parts of Article 368.

Answer: The three parts of Article 368 are:

• Procedure for amending the Constitution.
• Power of Parliament to amend the Constitution and procedure therefore.
• Amendment of certain provisions requiring ratification by the States​.

19. What is the rigid procedure of amendment mentioned in the Article 368 of the Indian Constitution?

Answer: The rigid procedure of amendment mentioned in Article 368 involves a Bill passed by each House by a special majority, ratified by half of the State Legislatures, and assented to by the President​.

20. Write three provisions of the Constitution which can be amended under the rigid method.

Answer: The three provisions of the Constitution which can be amended under the rigid method are:

• Elections of the President.
• Composition and jurisdiction of the Supreme Court and High Courts.
• Representation of the States in Parliament​.

21. Name three provisions of the Constitution of India which can be amended under the flexible method.

Answer: The three provisions of the Constitution of India which can be amended under the flexible method are:

• Creation or abolition of Upper Chamber in a State Legislature.
• Privileges of the members of Parliament.
• Citizenship​​.

22. When was the first Amendment of the Constitution of India made?

Answer: The first Amendment of the Constitution of India was made in 1951.

23. Mention two subjects which can be amended by flexible and rigid methods respectively in India.

Answer: Flexible method:

• Citizenship
• Quorum in the Parliament

Rigid method:

• Election of the President
• Extent of the executive powers of the Union and States

24. Point out any two defects of the amending procedure of the Indian Constitution.

Answer: The two defects of the amending procedure of the Indian Constitution are:

• The procedure for the amendment of the Constitution has become very complex because of the adoption of three specific methods.
• Approval of special majority at every stage of the passing of the Bill is very difficult.

25. Write a note on the 42nd Amendment of the Constitution of India.

Answer: The Forty-Second Amendment of the Indian Constitution is the most comprehensive and controversial amendment. It was introduced to address difficulties in achieving socioeconomic revolution and to ensure the growth of the Constitution. The main features are:

(a) Preamble: Altered from ‘Sovereign democratic republic’ to ‘Sovereign Socialist secular democratic republic’ and ‘Unity of the nation’ to ‘unity and integrity of the nation.’
(b) Prohibition of anti-national activities.
(c) Fundamental Duties.
(d) No change in the Lok Sabha and Assembly seats till 2001.
(e) Quorum: The Quorum for the Lok Sabha and state Assemblies will no longer be a Constitutional necessity.
(f) Other provisions relating to the Supreme Court and High Courts: No Constitutional amendment can be challenged in any court of law​.

Objective Type

(a) Answer the following:

1. Does the Preamble contain the philosophy of the Constitution?

Answer: Yes, the Preamble contains the philosophy of the Constitution.

2. Who moved the Objective Resolution?

Answer: Jawahar Lal Nehru moved the Objective Resolution.

3. When was the Objective Resolution adopted?

Answer: The Objective Resolution was adopted on 22 January, 1947.

4. Who drafted the Preamble to the Constitution of India?

Answer: Jawaharlal Nehru drafted the Preamble to the Constitution of India.

5. Which amendment incorporated the term ‘integrity’ in the Preamble?

Answer: The 42nd Amendment incorporated the term ‘integrity’ in the Preamble.

6. Which amendment of the Constitution incorporated the term ‘socialism’ in the Preamble?

Answer: The 42nd Amendment of the Constitution incorporated the term ‘socialism’ in the Preamble.

7. In which year was India declared a Sovereign Democratic Republic?

Answer: India was declared a Sovereign Democratic Republic in the year 1950.

8. In which case did the Supreme Court advance the theory of Basic Structure of the Constitution of India?

Answer: The Supreme Court advanced the theory of Basic Structure of the Constitution of India in the Kesavananda Bharati case.

9. Through which amendment was the word ‘Secular’ incorporated in the preamble to the Constitution of India?

Answer: The word ‘Secular’ was incorporated in the preamble to the Constitution of India through the 42nd Amendment.

10. Who introduced the objective resolution in Indian Preamble?

Answer: Jawahar Lal Nehru introduced the objective resolution in the Indian Preamble.

11. Which article of the Indian Constitution deals with its Amendment Procedure?

Answer: Article 368 of the Indian Constitution deals with its Amendment Procedure.

12. Preamble of the constitution says India is a

Answer: Sovereign, Socialist, Secular, Democratic, Republic.

13. Head of the state is elected and it means India is a

Answer: Republic.

14. Socialism in India means

Answer: Democratic Socialism.

15. Is Preamble a part of the Constitution of India?

Answer: Yes, the Preamble is a part of the Constitution of India.

16. Mention two ideologies under the core provisions of the Indian Constitution.

Answer: 1. Socialism 2. Secularism.

17. Mention two types of liberty as mentioned in the Preamble.

Answer: 1. Liberty of thought 2. Liberty of expression.

18. Mention two kinds of justice as enshrined in the Preamble to the Constitution of India.

Answer: 1. Social justice 2. Economic justice.

19. Constitution of India was adopted on

Answer: 26 November, 1949.

20. Which of the following principles of Secularism is not adopted in the Constitution of India? That state will have nothing to do with religion.

Answer: That state will have nothing to do with religion.

(b) Fill in the blanks:

1. Indian Constitution is neither flexible nor _____.

Answer: rigid.

2. A Constitution Amendment Bill can be introduced only in the _____.

Answer: Parliament.

3. The _____ cannot initiate constitutional amendments.

Answer: Judiciary.

4. Some amendments require _____ by the States.

Answer: ratification.

5. An Amendment Bill must be signed by the _____.

Answer: President.

(c) Answer the following

1. Is the Constitution of India rigid?

Answer: No, the Constitution of India is not fully rigid.

2. Is the Constitution of India Flexible?

Answer: Yes, the Constitution of India is flexible to a certain extent.

3. Mention one Ideal enshrined in the Preamble to the Constitution of India.

Answer: One ideal enshrined in the Preamble to the Constitution of India is Justice, social, economic and political.

4. Mention the flexible process of amendment of the Indian Constitution.

Answer: The flexible process of amendment of the Indian Constitution is the simple method, where the Parliament can amend certain provisions by a simple majority.

5. From which foreign country, the concept of ‘Residuary Power’ of the Indian Constitution was taken?

Answer: The concept of ‘Residuary Power’ of the Indian Constitution was taken from Canada.

6. Which article of the Constitution provides the procedure for amendment?

Answer: Article 368 of the Constitution provides the procedure for amendment.

7. Can the basic structure be amended?

Answer: No, the basic structure of the Constitution cannot be amended.

8. Are the constitutional amendments subject to judicial review?

Answer: Yes, the constitutional amendments are subject to judicial review.

9. Write the name of the only Indian State which has its own Constitution.

Answer: The only Indian State which has its own Constitution is Jammu and Kashmir.

10. In which stage, the proposal of a bill is sent to the Select Committee in the Parliament?

Answer: The proposal of a bill is sent to the Select Committee in the Parliament during the consideration stage.

11. Find out the correct answer:

(a) People can initiate amendment in India.
(b) Parliament alone can initiate amendment in India.
(c) Judiciary can initiate amendment.
(d) State Legislative Assemblies also can initiate amendment.

Answer: (b) Parliament alone can initiate amendment in India.

12. Write yes or no : Fundamental Rights may be amended.

Answer: Yes.

13. What is Special Majority?

Answer: A special majority refers to a majority greater than a simple majority, often requiring a two-thirds majority of the members present and voting in the Parliament.

14. What are the two limitations of amendment procedure in India?

Answer: Two limitations of the amendment procedure in India are:

• The basic structure of the Constitution cannot be amended.
• The amendment process is complex and requires a special majority in both Houses of Parliament.

15. What do you understand by the term basic structure of the Constitution?

Answer: The basic structure of the Constitution refers to the fundamental principles and features that are essential for the Constitution’s identity and integrity. These principles cannot be amended by the Parliament.

16. What is the role of the State Legislatives in India?

Answer: The State Legislatures in India are responsible for making laws for their respective states. They also play a role in the amendment process of certain provisions of the Constitution.

17. Name two provisions which can be amended by Simple Majority.

Answer: Two provisions which can be amended by Simple Majority are:

• Provisions relating to the creation of a new State or alteration in the name or boundary of an existing State.
• Provisions relating to the creation or abolition of the Upper Chamber in a State Legislature.

18. Is the Constitution of India a dynamic constitution?

Answer: Yes, the Constitution of India is a dynamic constitution.

19. Why is it essential for a constitution to be a living document?

Answer: It is essential for a constitution to be a living document because it needs to adapt to changing circumstances and societal needs. A rigid constitution can become outdated and irrelevant, leading to instability and conflict.

20. Name the article and the part of the constitution which provide for amendment.

Answer: Article 368 in Part XX of the Constitution provides for amendment.

21. Is the Constitution of India subject to amendment for many times?

Answer: Yes, the Constitution of India has been amended many times.

22. What was the first amendment to the constitution?

Answer: The first amendment to the Constitution of India was made in 1951.

23. Name any two important amendments of the Indian Constitution.

Answer: Two important amendments of the Indian Constitution are:

• The 42nd Amendment Act (1976)
• The 44th Amendment Act (1978)

24. Can the Constitution of India be amended by ordinary law-making procedure also?

Answer: No, the Constitution of India cannot be amended by ordinary law-making procedure.

(d) Write ‘Yes’or ‘No’

1. There is no provision for a joint sitting of both the Houses of Parliament in case of deadlock over an Amendment Bill.

Answer: Yes

2. The Finance Minister determines whether the bill is a money bill or not.

Answer: No

3. The Indian Constitution is not dynamic.

Answer: No

4. The Constitution of India is fully rigid.

Answer: No

5. There is only one procedure for the amendment of the Constitution.

Answer: No

6. A Constitution Amendment Bill can be introduced only in the Parliament.

Answer: Yes

7. Indian Constitution is dynamic.

Answer: Yes

(e) Multiple Choice

1. Provision for the amendment of the Indian Constitution is made in Article-

(a) 364 (b) 366 (c) 368 (d) 370

Answer: (c) 368

2. The simple method for the amendment of the Indian Constitution is provided in Article-

(a) 3 (b) 6 (c) 9 (d) 12

Answer: (c) 9

3. Which Amendment Act made Goa a State?

(a)56 (b) 57 (c) 58 (d) 59

Answer: (b) 57

4. Which Amendment Act made Sikkim an Indian State?

(a) 35 (b) 36 (c) 37 (d) 38

Answer: (b) 36

5. Which part of the Constitution deals with the procedure for amendment?

(a)X (b)XV (c)XVI(d)XX

Answer: (b) XV

6. “If you make anything rigid or permanent, you stop the nation’s growth.”-Who said this?

(a) B. R.Ambedkar (b) Rajendra Prasad (c) Jawahar Lal Nehru (d) K. M. Munshi

Answer: (c) Jawahar Lal Nehru

7. Who was the supporter of a flexible Constitution?

(a) H. V. Kamath (b) K. T. Shah (c)Ayyar (d) K. M. Munshi

Answer: (d) K. M. Munshi

8. Voting age was lowered to 18 by the-

(a) 60th Amendment (b) 61st Amendment (c) 62nd Amendment (d) 63rd Amendment

Answer: (b) 61st Amendment

9. Fulton formula of amendment was evolved in―

(a) France (b) Canada (c) Russia (d) England

Answer: (b) Canada

10. Which amendment gave statehood to Goa?

(a) 54 (b) 55 (c) 56 (d) 57

Answer: (b) 56

11. Which amendment empowered the transfer of Berubari to Pakistan?

(a) 8 (b) 9 (c) 10 (d) 11

Answer: (b) 9

Textual Questions

1. Choose the Correct statement from the following:

A Constitution needs to be amended from time to time because:

Circumstances change and require suitable changes in the Constitution.
A document written at one point of time becomes outdated after some time.
Every generation should have a Constitution of its own liking.
It must reflect the philosophy of the existing government.

Answer: Circumstances change and require suitable changes in the Constitution.

2. Write True/False against the following statements:

a. The President cannot send back an amendment bill for reconsideration of the Parliament.

Answer: True

b. Elected representatives alone have the power to amend the Constitution.

Answer: True

c. The Judiciary cannot initiate the process of Constitutional amendment but can effectively change the Constitution by interpreting it differently.

Answer: True

d. The Parliament can amend any section of the Constitution.

Answer: False

3. Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?

a. Voters

Answer: Voters indirectly influence the amendment process through their elected representatives in the Parliament.

b. President of India

Answer: The President gives assent to the amendment bill passed by the Parliament.

c. State Legislatures

Answer: State Legislatures ratify certain amendments that affect the federal structure of the Constitution.

d. Parliament

Answer: Parliament initiates and passes the amendment bill.

e. Governors

Answer: Governors have no direct role in the amendment process.

f. Judiciary

Answer: The Judiciary interprets the amendments and can strike down those that violate the basic structure of the Constitution.

4. You have read in this chapter that the 42nd amendment was one of the most controversial amendments so far. Which of the following were the reasons for this controversy?

a. It was made during national emergency, and the declaration of that emergency was itself controversial.

Answer: True

b. It was made without the support of special majority.

Answer: False

c. It was made without rectification by State legislatures.

Answer: True

d. It contained provisions, which were controversial.

Answer: True

5. Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?

a. Different interpretations of the Constitution are possible.

Answer: True

b. In a democracy, debates and differences are natural.

Answer: True

c. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.

Answer: True

d. Legislature cannot be entrusted to protect the rights of the citizens.

Answer: False

e. Judiciary can only decide the constitutionality of a particular law; it cannot resolve political debates about its need.

Answer: True

6. Identify the correct statements about the theory of basic structure. Correct the incorrect statements:

a. Constitution specifies the basic tenets.

Answer: Incorrect – The basic structure is defined by judicial interpretation, not specified explicitly in the Constitution.

b. Different interpretations of the Constitution are possible.

Answer: Correct

c. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.

Answer: Correct

d. Judiciary cannot be entrusted to protect the rights of the citizens.

Answer: Incorrect – The Judiciary plays a crucial role in protecting the rights of citizens.

7. From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?

a. There was strong pressure from the public in favour of certain amendments.

Answer: True

b. The Judiciary did not interfere in the amendments made during this period.

Answer: True

c. There were no real differences among the parties during this time.

Answer: False

d. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.

Answer: True

8. Explain the reason for requiring a special majority for amending the Constitution.

Answer: A special majority is required to ensure that any amendment to the Constitution has a broad consensus and is not made hastily or without significant support from the representatives of the people.

9. Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.

Answer: For example, the 24th Amendment affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights, which was a response to the Supreme Court’s decision in the Golaknath case. Another instance is the 42nd Amendment, which attempted to limit judicial review, and the subsequent 44th Amendment that restored judicial review powers.

10. If amending power is with the elected representatives, the judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.

Answer: Disagree. The judiciary acts as a guardian of the Constitution and ensures that amendments do not violate its basic structure. This check prevents the elected representatives from making changes that could undermine the fundamental principles of democracy, federalism, and individual rights enshrined in the Constitution. Judicial review maintains the balance of power and protects the Constitution from potential misuse by the legislature.

11. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons.

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

Answer: Yes, the underlying value is gender equality and non-discrimination.

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

Answer: Yes, the underlying value is economic fairness and equity.

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

Answer: Yes, the underlying value is secularism and non-religious bias in state institutions.

d. There shall be no beggar or forced labour.

Answer: Yes, the underlying value is human dignity and freedom from exploitation.

12. Which of the options given below cannot be used to complete the following statement? Democratic countries need a Constitution to:

a. Check the power of the government.

Answer: Can be used.

b. Protect minorities from majority.

Answer: Can be used.

c. Bring independence from colonial rule.

Answer: Cannot be used.

d. Ensure that a long-term vision is not lost by momentary passions.

Answer: Can be used.

e. Bring social change in a peaceful manner.

Answer: Can be used.

13. The following are different positions about reading and understanding Constituent Assembly debates. Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement says that they are not relevant?

a. Common people are too busy in earning livelihood and meeting different pressures of life. They can’t understand the legal language of these debates.

Answer: This statement says that they are not relevant.

b. The conditions and challenges today are different from the time when the Constitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring the past into the present.

Answer: This statement says that they are not relevant.

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

Answer: This statement argues that Constituent Assembly debates are relevant even today.

14. Explain the difference between the Indian Constitution and western ideas in the light of:

a. Understanding of secularism.

Answer: Western secularism often entails a strict separation of church and state, whereas Indian secularism allows for a more flexible relationship where the state can intervene in religious matters to ensure equality and social reform.

b. Articles 370 and 371.

Answer: Articles 370 and 371 grant special autonomy to certain regions in India, reflecting the country’s diversity and federal structure, which is different from the uniform application of laws seen in many Western countries.

c. Affirmative action.

Answer: The Indian Constitution includes affirmative action measures to uplift historically disadvantaged communities, whereas Western countries may approach affirmative action with different methodologies and scopes.

d. Universal adult franchise.

Answer: Universal adult franchise in India was adopted immediately after independence, in contrast to many Western countries where universal suffrage was achieved gradually over a longer period.

15. Which of the following principles of secularism are adopted in the Constitution of India?

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

Answer: Not adopted.

b. That state will have close relation with religion.

Answer: Not adopted.

c. That state can discriminate among religions.

Answer: Not adopted.

d. That state will recognise rights of religious groups.

Answer: Adopted.

e. That state will have limited powers to intervene in affairs of religions.

Answer: Adopted.

16. Match the following.

Answer:

a. Freedom to criticise treatment of widows.— iv. Liberal individualism.
b. Taking decisions in the constituent assembly on the basis of reason, not self-interest.— ii. Procedural achievement.
c. Accepting importance of community in an individual’s life.— i. Substantive achievement.
d. Article 370 and 371.— v. Attention to requirements of a particular region.
e. Unequal rights to women regarding family property and children.— iii. Neglect of gender justice.

17. This discussion was taking place in a class. Read the various 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 there is nothing Indian in it? But is there such a 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 if 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.

Answer: I agree with Saba and Neha. Values like equality and democratic governance are universal and not bound by geographical origins. The adoption of a parliamentary system was based on its suitability to India’s diverse and complex society rather than its colonial past.

18. Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.

Answer: It is said to be unrepresentative because the Constituent Assembly was not elected by universal suffrage; its members were indirectly elected by provincial assemblies. However, this does not make the Constitution unrepresentative because the assembly included diverse members representing various communities and interests, ensuring broad-based discussions and inclusive decisions.

19. One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?

Answer: Evidence includes the lack of explicit provisions for equal property rights for women and insufficient measures to address gender-based violence. To remedy this, I would recommend including explicit guarantees of equal rights in all aspects, stronger anti-discrimination laws, and specific measures to protect and promote women’s rights in education, employment, and political representation.

20. Do you agree with the statement that “it is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our fundamental rights”? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the section of Directive Principles?

Answer: I agree with the statement. Socio-economic rights are crucial for ensuring basic dignity and equality. Making them fundamental rights would have made them justiciable, providing stronger enforcement mechanisms. The possible reasons for relegating them to Directive Principles could be the practical difficulties in immediate implementation and the intention to provide guidance for future policy-making without overburdening the nascent state with unrealistic obligations.

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