p 9 Ge What is a constitution? Ne Se ‘ i Ans: constituted or governed. It specifies the hy do we need a Constitution? . The Constitution provides a set of basic rules that allow for minimal coordination among members of society. If there were no rules, there would be chaos. No one would know what members of society could do to each other or who could claim rights over what. It specifies who has the power to make decisions in society and who makes laws. It decides how the government will be constituted. For example, according to the Indian Constitution, the Parliament decides the laws and policies of the country. The Constitution sets some limits on what a government can impose on its citizens. The government can not violate these limits. Citizens normally have the right to basic liberties such as freedom of speech, freedom of association, freedom of conscience ete. The Constitution enables the government to fulfil the aspirations of society and create conditions for a just society. For example, India wants to be free of caste discrimination. So, the government has been empowered to take the necessary steps to achieve this goal. 5. The Constitution expresses the fundamental identity of the people. It gives them a moral and political identity. constitution is a body of fundamental principles according to which a state is basic allocation of power ina society. It decides of te tc< who gets to decide what the laws will be. ( powart 7 _ Differentiate between a written and unwritten Constitution. I "A written Constitution is a compact Written - Unwritten ‘An unwritten Constitution is a series of document which comprises of a number of | documents and decisions that are | articles about'the State. Eg: India, United States | collectively referred to as the Constitution. _[ Eg: United Kingdom Scanned with CamScanner ———aaa Constitution effective? A Constitution is drafted by people who are respected by all sections of society. They are people who were able to reflect the broad national consensus at the time. The Constitution gives everyone a reason to go along with its provisions. For example, a Constitution which allowed the majority to oppress the minority would not be very successful. It preserves the freedom and equality of all its members. Well-framed Constitutions fragment power in society so that no single group can subvert the constitution. The Indian Constitution, for example, has fragmented power into the Executive, Legislature and Judiciary. This ensures that if one group Wants to subvert the Constitution, the others can check its transgressions. . The Constitution was made by the Constituent Assembly which had been elected for undivided India. Its members were elected by indirect election by the members of the Provincial Legislative Assemblies that had been established in 1935 Members of all religions were given representation in the Constituent Assembly. In addition, six members from what were then known as the Scheduled Castes were also present. The Constituent Assembly engaged in public reason. They did not simply advance their own interests, but gave principled reasons to other members for their positions. Every issue was discussed with great sophistication. |. The Constituent Assembly had eight major committees for on different subjects. Each committee usually drafted particular provisions of the Constitution which were then subjected to debate by the entire Assembly. There was a consensus on the main principles the Constitution should enshrine which were included in the Objectives Resolution of 1946. Based on this, our Constitution gave institutional expression to equality, liberty, democracy, sovereignty and a cosmopolitan identity. |. The Constituent Assembly spent a lot of time to ensure a balanced arrangement of the institutions of government. This led to the adoption of the parliamentary form and the federal arrangement which would distribute governmental powers between the legislature and the executive on one hand and between the states and central government on the other Scanned with CamScanner'y did the Constitution draw an enormous amount of legitimacy? The Constitution drew enormous legitimacy from the fact that it was drawn up by people who enjoyed immense public credibility. They had the capacity to negotiate and command the respect of a wide cross- section of society, and who were able to convince the people that the constitution ‘was not an instrument for enhancing their personal power. The final document reflected the broad national consensus at the time. @5, Horr lid He Treliarn coastitwhior give rearort fer everyone & Qo otong wive £2 Ans: © Aconstitution must stril the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in operations to adapt to changing needs and circumstances. * Too rigid a constitution is likely to break under the weight of change. On the other hand, a constitution that is too flexible will give no security to the people. «Successful constitutions strike the right balance between preserving core values and adapting them to new circumstances. i” document? Q.6 Why is the Indian Constitution described as a ‘i ‘ans: The indian Constitution is described as ‘a living’ document because by striking @ balance between the possibility to change the provisions and the limits on such changes, the Constitution has ensured that it will survive as a document respected by people. This arrangement also ensures that no section or group can, on its own, subvert the Constitution. Through Constitutional amendments, changes can be made to the Constitution to adapt to the changing needs of the people. Q7 How was the Indian Constitution made? ‘Ans: The Constitution was made by the Constituent Assembly which had been elected for undivided India. It held its first sitting on 9 December, 1946 and re-assembled as Constituent Assembly for divided India on 14 August, 1947. Its members were elected by indirect election by the members of the Provisional Legislative Assemblies that had been established in 1935. Scanned with CamScannerQ8.0n what basis was the Constituent Assembly composed? Ans: proposed by the committee of the British cabinet, known to thi ‘along the lines suggested by the plan The Constituent Assembly was composed roughly ‘as the Cabinet Mission. According is plan Each Province and each Princely State or group of States were allotted seats proportional to their respective population roughly in the ratio of 1:10,00,000: As a result the Provinces (that were under direct British rule) were to elect 292 members while the Princely States were allotted a minimum of 93 seats. The seats in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations. Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote. The method of selection in the case of representatives of Princely States was to be determined by consultation. QY Describe the composition of the Constituent Assembly. Ans: F «The Constituent Assembly consisted of 299 members of which 284 were actually present on 26 November 1949 and appended their signature to the Constitution as finally passed. «Although the members of the Assembly were not elected by universal suffrage, there was a serious attempt to make the Assembly a representative body. + Members of all religions were given representation. * In addition, the Assembly had twenty six members from what were then known as the Scheduled Classes. + Interms of political parties, the Congress dominated the Assembly occupying as many as eighty-two per cent of the seats in the assembly after the Partition. Q.10 What procedures were taken to draft the Constitution? Ans: * The Constituent Assembly had eight major Committees on different subjects. Usually, Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Azad or Ambedkar chaired these Committees. * Patel and Nehru disagreed on many issues. Nevertheless, they all worked together. Each Committee usually drafted particular provisions of the Constitution which were then subjected to debate by the entire Assembly, ‘+ Every single argument, query or concern was responded to with great care and in writing. The Assembly met for one hundred and sixty six days, spread over two years and eleven months. * Its sessions were open to the press and the public alike. Scanned with CamScanneri 946? 1 What were the main provisions of the Objectives Resolution of 1 Ans: ereign, republic. «© India is an independent, sovereign, reput / sotion ‘¢ Allpowers and authority of sovereign and independent India and its constl shall flow from the people er backward classes «The minorities, backward and tribal areas, depressed and other backward shall be provided adequate safeguards, eace + The land would make full and willing contribution to the promotion of world pi and welfare of mankind. Qi4Name some provisions that Indian Constitution makers borrowed from the constitutions of different countries. 5 An: * United kingdom: First Past The Post system * United States: Charter of Fundamental Rights * Ireland: Directive Principles © France: Liberty, Equality and Fraternity Canada: The idea of residual powers Q13. Why is it necessary for a constitution to place limitations on the rulers? What are these limitations? Ans: * Ifa constitution did not place limitations on rulers, they might manipulate laws. They may make laws that are in their own interests, but which do not benefit the country at large, They may pass laws that are unfair to certain sections of society. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. Citizens will be protected from being arrested for no reason, Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business ete, In practice, these rights can be limited during times of national emergency and the Constitution specifies the circumstances under which these rights may be withdrawn QI, What ic Udiversal Suffrage ? ALL Citizens reaching & Certar oe, Would be eatiHed 10 be voters irrespective of religion, Caile, telucatior, guder er ticome. Scanned with CamScannerQs Now does the Constitution express the fundamental identity of people? Ans: © One has many sets of identities that exist prior to a constitution. But by agreeing to certain basic norms and principles, one constitutes one’s basic political identity. * Constitutional norms are the framework within which one pursues individual aspirations, goals and freedoms, The constitution sets constraints upon what one may or may not do, It defines the fundamental values that we may not trespass. $0, the constitution also gives one a moral identity, hy is it necessary for a country to have a clear demarcation of powers and 'sponsibilities in the constitution? What would happen in the absence of such a demarcation? Constitutions are often subverted by small groups who wish to enhance their own power. Well-framed Constitutions fragment power in society so that no single group can subvert the constitution, The Indian Constitution, for example, has fragmented power into the Executive, Legislature and Judiciary. This ensures that if one group wants to subvert the Constitution, the others can check its transgressions. * Through a system of checks and balances, the Indian Constitution has succeeded In the absence of such a demarcation, individual groups would subvert the Constitution and enhance their own power. ee Q.q What do you understand by the term ‘referendum’? Ans: A referendum is a vote in which all the citizens of a country vote to accept or reject 2 Particular proposal. This could be for the adoption of a new constitution, a constitutional amendment or the recall of an elected official Q.!8 What would happen if the Constitution didn’t exist? Ans: In the absence of some basic rules, every individual would be insecure simply because they would not know what members of this group could do to each other, ho could claim rights over what. Any group will need some basic rules that are publicly promulgated and known to all members of that group to achieve a minimal degree of coordination. They must also be enforceable. rek Lente Scanned with CamScanner