Making of the Constitution: NBSE Class 11 (Arts) Political Science

making of the constitution
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Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 10: Making of the Constitution. These solutions, however, should be only treated as references and can be modified/changed.

Introduction

The Constitution of India, the longest-written constitution in the world, is a testament to the country’s rich cultural, social, and political heritage. It was enacted by the people of India, acting through their representatives in the Constituent Assembly, a body that represented all shades of opinion and all regions of the vast country. This assembly was a mini-India, reflecting the hopes and aspirations of its people.

The Constitution is a set of rules that creates an orderly society. It determines the form of government and the powers to be exercised by the legislature, the executive, and the judiciary. It also sets out the basic objects and ideals of society, making clear the rights of citizenship. The Constitution reveals the fundamental identity of the people and promotes peace and justice.

It was influenced by other constitutions of the world. Like Great Britain, Canada, and Australia, India believes in parliamentary government and the rule of law. Following the example of the United States, our Constitution laid down the principle of judicial review, with the Supreme Court of India acting as the final interpreter of the Constitution.

It also reflects the character and ideals of the leaders who fought for India’s independence. It incorporates the principles of equality and justice, abolishes untouchability, and directs the state to promote the interests of the weaker sections of society. It also links India’s foreign policy with the ideals of the UN Charter, promoting peace and fostering respect for international law.

The Constitution of India is a combination of rigidity and flexibility. Some provisions can be amended by a simple majority in the parliament, while others require a two-thirds majority and ratification by the legislatures of not less than one-half of the states. This makes it comparatively more rigid, yet reasonably elastic.

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Textual questions and answers

A. Long answer questions

1. What is meant by the term ‘Constitution’? Bring out the significance of a Constitution in the light of the following statements:

Answer: A constitution is a body of rules and laws according to which a state is governed. A Constitution defines and determines the rules to create an orderly society. It determines the form of government and the powers to be exercised by the various organs of the government—the legislature, the executive and the judiciary. It decides the limitations of these powers and sets out the basic objects and ideals of a society. It also makes clear the rights of Citizenship.

(a) A Constitution determines the form of government and marks out the powers to be exercised by different branches (organs) of the government.

Answer: The significance of a Constitution in the light of the statement “A Constitution determines the form of government and marks out the powers to be exercised by different branches (organs) of the government” is that it provides a set of rules to create an orderly society. It determines the form of government and powers to be exercised by the Legislature, the Executive, and the Judiciary. The Constitution of a state is that body of rules or laws, written or unwritten, which determine the organization of government, the distribution of powers to the various organs of government, and the general principles on which these powers are to be exercised.

(b) Constitution limits the powers of the Government.

Answer: The significance of a Constitution in the light of the statement “Constitution limits the powers of the Government” is that it sets boundaries on the powers of the government. The Constitution limits the powers of the Government. It is a set of rules to create an orderly society. It ensures that the government cannot overreach or misuse its powers. It also provides for a system of checks and balances to prevent any one branch of government from becoming too powerful.

2. Bring out the significance of the Constitution in the light of the following statements:

(a) It sets out the basic objects and ideals of the society.

Answer: The significance of the Constitution in the light of the statement “It sets out the basic objects and ideals of the society” is that it provides a framework for the society to function and progress. The Constitution lays down the goals and aspirations of the society and provides a framework within which these goals can be achieved. It provides for the fundamental rights of the citizens and lays down the directive principles of state policy, which are the guidelines for the governance of the country. It is also concerned with safeguarding the interests of the minorities and depressed classes. The Preamble to the Constitution retains the spirit and the language of the Objectives Resolution, which speaks of the basic objects and ideals of the Indian Republic, which are justice, freedom, and equality.

(b) It gives its Citizens a new Identity.

Answer: The significance of the Constitution in the light of the statement “It gives its Citizens a new Identity” is that it provides for a single citizenship, which means that every Indian is a citizen of India, irrespective of the state in which he resides. It provides for the fundamental rights of the citizens and ensures their protection. The Constitution reveals the fundamental identity of the people. The opening words of the Preamble to the Constitution are: WE, THE PEOPLE OF INDIA. These words proclaim that the people of India are the constitution-makers. This Constitution is not a gift of the British Parliament. It was enacted by the people of India, acting through their representatives. The Constituent Assembly represented all shades of opinion. It was composed of people whose credibility was very high. They all represented people’s hopes and aspirations. Our Constituent Assembly was a Mini-India, representing all regions and sections of society.

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5. Examine the salient features of the Constitution of India with reference to the following:

(a) Democratic and Republican features

Answer: The Constitution proclaims that ‘Sovereign Power’ resides in the People. Democracy implies choice of rulers at regular intervals. Our Constitution is based on the principle of Universal (Adult) Franchise. It gives voting right to every person (i) who is a Citizen of India, and (ii) is not less than 18 years of age. Indian Union is also a Republic. Republicanism suggests the absence of a Monarch. The Head of the Indian Union is the President, who is elected for a period of five years.

(b) Parliamentary System of Government

Answer: The two main features of a parliamentary or Cabinet form of government are as follows: First, the Head of the State functions as a nominal head of the executive. His functions are chiefly formal or ceremonial in nature. Second, the real executive is the Council of Ministers, with the Prime Minister at the head. The Prime Minister and other Ministers are responsible to the Legislature for their acts. In India the real executive at the national level is the Council of Ministers. The President has to act on the advise of the Council of Ministers. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).

(c) Centralised Federation

Answer: A Unitary State is one in which all authority and powers are lodged in a Single Centre. A Federal Government, on the other hand, refers to a system of government in which the powers of government are divided between the Central Government and governments of the Federating Units called States. Our Constitution has all the features of a Federation, namely, (i) coexistence of two sets of governments, (ii) division of powers between the Union government and the State governments, and (iii) a Supreme Court that acts as final Interpreter of the Constitution. 

But there are some peculiar features of the Indian Federation. In India the national government has been vested with too many powers, such as (i) the power of the Parliament to form a new State or to increase or diminish the area of any State, (ii) the Emergency Provisions, (iii) the provision that the Governor of the State shall be appointed by the President, and (iv) the Centre’s control over All-India services. In view of these features, the Constitution was said to be “federal in form, but unitary in spirit”.

6. With reference to the salient features of the Constitution of India examine briefly the following statements:

(a) Ours is lengthiest Constitution in the world

Answer: Ours is not only a Written Constitution, it is also the lengthiest Constitution ever framed by a free country. It contains 22 Parts, 395 Articles and 12 Schedules.

(b) Constitution incorporates both the Fundamental Rights and Duties

Answer: The Fundamental Rights are “Justiciable”, i.e., there is a provision for their enforcement if they are violated. The Fundamental Rights are grouped under six categories. The Forty-second Amendment Act, 1976 added a new part (Part IV A) to the Constitution. It contains several Fundamental Duties, of which the following are most important: Duty to uphold and protect the unity and integrity of India and duty to safeguard public property.

(c) India is a Welfare State

Answer: Directive Principles of State Policy proclaim that India is a Welfare State. A Welfare State provides for its citizens a wide range of social services such as education, medical care and financial aid during old age, sickness, or unemployment. The Constitution of India lays down that “the State shall strive to promote the welfare of the people.” Under Part IV of the Constitution.

B. Short answer questions

7. Who moved the historic Objectives Resolution in the Constituent Assembly in December 1946? Mention any of its three main points.

Answer: The historic Objectives Resolution in the Constituent Assembly in December 1946 was moved by Jawaharlal Nehru. The resolution talks about the nature of Indian Polity, i.e., India is an Independent Sovereign Republic. It also speaks of the basic objects and ideals of the Indian Republic, which are justice, freedom, and equality. It is also concerned with safeguarding the interests of the Minorities and Depressed Classes.

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10. Comment on the statement “Constitution of India is a combinati of Rigidity and Flexibility.”

Answer: Our Constitution presents a mixture of flexibility and rigidity. So far as the procedure of amendment is concerned the provisions of the Constitution fall under three categories. In the first place, there are a few Articles (such as Articles 4, 169, and 239-A) which may be amended by Parliament by a simple majority. Such a procedure is, no doubt, very simple and too elastic. Secondly, there are Articles which can be amended by a majority of not less than two thirds of the members of both Houses of Parliament. Such a procedure is comparatively more rigid, yet reasonably elastic. Then, there are Articles which fall under the third category. They require, for their amendment, a two-thirds majority of both Houses, plus ratification by the Legislatures of not less than one-half of the States.

C. Multiple Choice Questions: Tick (✔) the correct answer.

11. Which one of the following was not a part of the Key Slogan of the French Revolution?

Answer: (b) Justice

12. Which of these is not an effect of British Constitution on Constitution of India?

Answer: (c) Principle of Judicial Review.

13. Which of the following is not a correct statement about the salient features of the Constitution of India?

Answer: (c) Constitution cannot be amended by Parliament of India.

Additional/extra questions and answers

1. What is a Constitution according to R.N. Gilchrist? 

Answer: According to R.N. Gilchrist, “the Constitution of a state is that body of rules or laws, written or unwritten, which determine the organisation of government, the distribution of powers to the various organs of government, and the general principles on which these powers are to be exercised.” 

2. How does Professor Dunner define a Constitution? 

Answer: Professor Dunner defined Constitution as “a basic law defining and delimiting the principal organs of government and their jurisdiction as well as the basic rights of men and citizens.” 

3. What are the main features of a Constitution as per James Bryce? 

Answer: According to James Bryce, “the Constitution of a State or a nation consists of those of its rules or laws which determine the form of the government and the respective rights and duties of the citizens towards the government.” 

4. What functions does a constitution perform? 

Answer: 

  • A constitution defines and determines the rules to create an orderly society. 
  • It determines the form of government and the powers to be exercised by the various organs of the government—the legislature, the executive and the judiciary. 
  • It decides the limitations on these powers. 
  • It sets out the basic objects and ideals of a society. 
  • It makes clear the rights of Citizenship. 

5. Why is it important for a Constitution to limit the powers of the rulers? 

Answer: There is a saying: “Power corrupts and absolute power corrupts absolutely.” Therefore, it is necessary for a Constitution to place limitations on the rulers to prevent any misuse or abuse of power and to ensure a fair and balanced system of governance. 

6. What is the significance of a Constitution? 

Answer: 

  • A Constitution is a set of rules that create an orderly society: It provides a mechanism for taking decisions as to how we can create an orderly and a just society. These decisions are found in the form of basic rules that make sure people work together properly. 
  • The Constitution determines the Form of Government and the Powers to be exercised by Various Organs of Government: The Constitution determines the form of government. Governmental power expresses itself in three forms— legislation, administration, and judicial decision. 
  • The Constitution limits the Powers of the Rulers (the Government): The Constitution places necessary limitations on the powers of the rulers to avoid misuse or abuse of power. 
  • The Constitution sets out the Basic Objects and Ideals of the Society: Every Constitution has a philosophy of its own. For instance, the Declaration of Independence (July 4, 1776) constitutes the philosophy underlying the American Constitution, and the primary aim of the Constitution of India was to create a Sovereign Democratic Republic. 
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43. What does it mean when we say that the Indian Constitution aims to establish a Secular State? 

Answer: When the Indian Constitution is said to aim at establishing a Secular State, it means that it is a state that is not wedded to any particular religious dogma or creed. It allows equal freedom of faith and worship to all. The Constitution guarantees freedom of conscience to all, irrespective of their beliefs and practices.

Additional/extra MCQs

1. Who defined the Constitution as “a basic law defining and delimiting the principal organs of government and their jurisdiction as well as the basic rights of men and citizens”? 

A. R.N. Gilchrist B. John Locke C. Professor Dunner D. James Bryce 

Answer: C. Professor Dunner 

2. Who said that the true State must be a “Constitutional State” in which men recognise the Rule of Law? 

A. Professor Dunner B. James Bryce C. R.N. Gilchrist D. John Locke 

Answer: D. John Locke 

3. According to R.N. Gilchrist, what does a Constitution of a state determine? 

A. The organisation of government only B. The distribution of powers to the various organs of government only C. The general principles on which these powers are to be exercised only D. All of the above 

Answer: D. All of the above 

4. What does a Constitution of a State or a nation consist of according to James Bryce? 

A. The rules or laws which determine the form of the government B. The respective rights and duties of the citizens towards the government C. The limitations on the powers of the rulers D. Both A and B 

Answer: D. Both A and B 

5. What is the primary aim of the Constitution of India? 

A. To create a democratic society B. To create a sovereign democratic republic C. To establish an autocracy D. To form a theocracy 

Answer: B. To create a sovereign democratic republic 

6. Which document constitutes the philosophy underlying the American Constitution? 

A. The Bill of Rights B. The Magna Carta C. The Declaration of Independence D. The Federalist Papers 

Answer: C. The Declaration of Independence 

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60. Which amendment added the Fundamental Duties to the Indian Constitution? 

A. The Twenty-sixth Amendment B. The Thirty-second Amendment C. The Forty-second Amendment D. The Fifty-second Amendment 

Answer: C. The Forty-second Amendment

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