Constitutional Design
Short Answer Questions
Question 1.
Explain the term Apartheid. What were its implications?
Answer:
Apartheid was the name of a system of racial discrimination unique to South Africa.
Implications:
● White Europeans imposed this system on South Africa.
● White rulers treated non-whites as inferiors.
● Non-whites did not have the right to vote. They were forbidden to live in
white areas. They were allowed to work there only with a permit.
● Trains, buses, hospitals, schools, cinemas, public places and public toilets
were all separate for the whites and blacks.
Question 2.
“The apartheid system was particularly oppressive for the blacks.” Justify by
giving three reasons.
Answer:
● They were forbidden from living in white areas. They could work in white
areas only if they had a permit.
● Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries,
cinema halls, theatres, beaches, swimming pools, public toilets, were all
separate for the whites and blacks. This was called segregation.
● They could not even visit the churches where the whites worshipped.
Blacks could not form associations or protest against the terrible treatment.
Question 3.
What problems existed in the making of the South African constitution? What
compromises were made?
Answer:
● Problems existed because both the black majority and the white minority
had their own fears and anxieties. The black majority wanted their
constitution to be based on the democratic principle of majority rule. They
also wanted substantial, social and economic rights.
● The white minority, on the other hand, wanted to protect its privileges and
property.
● Ultimately both agreed to compromise. The whites agreed to the principle
of majority rule and that of one person, one vote.
Question 4.
With reference to the Indian Constitution answer the following questions:
(i) When was it passed?
(ii) When was it enforced?.
(iii) Why was this date chosen?
Answer:
(i) The Constitution was passed by the Constituent Assembly on 26th November, 1949.
(ii) The Constitution was enforced on 26th January, 1950.
(iii) In December, 1929, the Congress in its Lahore Session had decided to fight for
Poorna Swaraj or Complete Independence, and 26th January, 1930 was celebrated as
the Independence Day, since then. That is why our leaders decided to celebrate 26th
January, 1950 as the day to enforce the Constitution of India.
Question 5.
Assess the Constitution made by the Constitution Assembly to form the Indian
Constitution?
Answer:
Assessing the Constitution as:
● It worked in a sy upstematic, open and consensual manner.
● Basic principles were decided. The Drafting Committee prepared a draft.
● Discussions of several rounds occurred clause by clause.
● They worked for 114 days and spread over three years.
● Every document was recorded and preserved to form twelve bulky volumes
of Constituent Assembly debates.
Question 6.
“The Indian Constitution adopted many institutional details and procedures from
different countries.” Justify by giving examples.
Answer:
● India adopted the principle of liberty, freedom and justice from the French
Constitution.
● We have adopted the Bill of Rights from the United States of America.
● The practice of Parliamentary democracy has been adopted from Great
Britain.
Question 7.
“The manner in which the Constituent Assembly worked gives sanctity to the
constitution.” Justify.
Answer:
First some basic principles were decided and agreed upon. Then a Drafting Committee
chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion.
Several rounds of thorough discussion took place on the Draft Constitution, clause by
clause.
The above-mentioned points prove that the Constituent Assembly maintained a
democratic attitude.
● Question 8.
“The Indian Constitution is both rigid and flexible.” Explain.
Answer:
The Indian Constitution is neither wholly rigid nor wholly flexible:
This is called rigid because some ideals in the constitution like equality,
secularism, democracy, sovereignty etc. cannot be changed. This is because the
rulers could not misuse their powers.
● On the other hand, it is also called flexible because there is a provision for
amendments. Some of the articles can be changed if the people demand so.
● That is, there are some rules that can be amended by a simple majority while
some need two-third majority. So it is called partly rigid and partly flexible.
Question 9.
Describe main features of the Indian Constitution.
Or
How has the Indian Constitution embodied the basic values into its institutional
arrangements? Explain.
Answer:
● The Indian Constitution is a detailed document. It needs to be amended to
keep it updated. It has provisions to incorporate changes from time-to-time.
These changes are called constitutional amendments.
● It lays down the procedure for choosing persons to govern the country.
● It defines “who will have how much power to take a particular decision’.
● It also limits the powers of the government by providing some rights to the
citizens which cannot be violated.
Question 10.
India is a “Sovereign, Socialist, Secular, Democratic Republic.” Justify.
Or
Describe the main features of the Preamble of the Indian Constitution.
● Answer:
● The Constitution of India lays down certain Basic Features or the Basic Structure,
which cannot be amended, altered or modified by any legitimate authority in
India.
● The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic,
Republic. India is Sovereign, as it is independent of any foreign control.
● It is Socialist, as it aims at social and economic equality. It is Secular, as there is
no State religion in India. It is Democratic, as the government is elected by the
people directly after every five years.
● It is a Republic, because the Head of the State in India, namely, the President, is
elected for five years by the members of the Lok Sabha, Rajya Sabha and the
State Legislative Assemblies.
Question 11.
Discuss the concept of equality under the objectives of the Indian Constitution.
Answer:
● The Preamble speaks of equality of status and opportunity. Equality of status
means all are equal in the eyes of law and all have equal protection of law.
● Nobody can be discriminated against only on the basis of his religion, caste,
colour, creed or sex (Articles 14 and 15).
● The Constitution also offers equality of opportunity in matters relating to
appointment under two states (Article 16).
● Untouchability has been abolished (Article 17) and all the titles except those of
academic or military distinction have been abolished (Article 18).
Question 12.
What do you mean by Constitutional amendments? What is its importance? State their
significance in a democratic country like India.
Or
What provision has been made to incorporate changes in the Constitution and why?
Answer:
A change in the Constitution made by the supreme legislative body in: the country is
known as a Constitutional amendment. In India, it is called the Parliament or “Sansad”.
● The Constitution can be changed according to the needs and aspirations of
the people.
● Major shortcomings of the constitution can be removed.
Significance:
● India is a major democratic country and has a long and detailed
Constitution.
● Therefore, it needs to be amended quite regularly to keep it updated,
● The makers of the Indian Constitution did not see it as sacred, static and
unalterable law.
● As a ‘Living Document’, it has to be in accordance with people’s aspirations
and changes in society.
Long Answer Questions
Question 1.
What is meant by\the Apartheid? How did the people of South Africa struggle against
it?
Answer:
Apartheid is the name of a system of social discrimination unique to South Africa. It
was the official policy of ill treatment of blacks followed by the government of South
Africa. The people of South Africa struggled against the apartheid in the following way:
● Blacks and Indians were fighting against the apartheid since 1950. The
racial government did not pay any heed to them.
● Marches and strikes were launched.
● The struggle was led by the African National Congress.
● Many of the sensitive whites also joined the struggle with the African
National Congress.
● Beside this many workers’ unions and the communist parties joined the
movement.
● As the struggle gained momentum, the government realized that the blacks
could no longer be held under oppression.
● In continuation to this, discriminatory laws were annulled, bans from media
lifted and Nelson Mandela walked out from the jail.
● A new Constitution was formed on 26th April, 1994. The white racial
government was overthrown by a multi-racial government.
Question 2.
Explain with five facts the transition from Apartheid to democracy and multi-racial
government take place in South Africa.
Answer:
● After two years of discussion and debate leaders of South Africa came out
with one of the finest Constitutions the world has ever had.
● The new Constitution gave to its citizens the most extensive rights
available in any country.
● Together, they decided that in the search for a solution to the problems,
nobody should be excluded, no one should be treated as a demon.
● The leaders of the nation agreed that everybody should become part of the
solution, whatever they might have done or represented in the past.
● The apartheid government came to an end, paving way for the formation of
a multi-racial government.
Question 3.
Explain the major factors which contributed to the making of our Constitution.
Answer:
● National Movement: Our national movement was not merely a struggle
against a foreign rule. It was also a struggle to rejuvenate our country, and
to transform our society and politics.
● Role of Leaders: Leaders like Moti Lai Nehru, Jawahar Lai Nehru and others
had played a very important role in the making of the Indian Constitution. In
1928, Moti Lai Nehru Drafted a Constitution for India.
● Role of British Rule: The familiarity with political institutions of colonial rule
also helped develop an agreement over the institutional design.
● British Rule and the Legislative Institutions: The experience gained by
Indians in the working of the legislative institutions proved to be very useful
for the country in setting up its own institutions.
● World Event or Revolutions: Many of our leaders were inspired by the ideals
of the French Revolution, the practice of Parliamentary democracy in Britain
and the Bill of Rights in the USA. So they incorporated some good points of
the Constitutions of these countries in the Indian Constitution.
Question 4.
“The making of the Constitution for a huge and diverse country like India was not an
easy affair.” Justify the statement.
Or
What were the difficulties faced during the making of the Indian Constitution?
Answer:
● Making a Constitution for a huge and diverse country like India was not an
easy task.
● The-people of India at that time were emerging from the status of subjects
to citizens.
● The country was born through a partition on the basis of religious
differences.
● The British had left the princely states to decide their future on their own.
● At that time, the future of the country did not look very secure.
● Makers of the Constitution had anxieties about the present as well as the
future.
Question 5.
State the steps involved in the framing of Indian Constitution.
Or
Mention the landmark years in the making of the Indian Constitution.
Answer:
● As per the Cabinet Mission Plan (1946), a Constitution-making body, called
the Constituent Assembly, was formed. Elections to the Constituent
Assembly were held in July, 1946.
● The Constituent Assembly worked in a systematic, open and consensual
manner. It became a fully sovereign body.
● First, Pandit Jawahar Lai Nehru moved in the Constituent Assembly the
historic ‘Objectives Resolution’ which was unanimously passed. It was
India’s ‘Charter of Freedom’. Then some basic principles were decided and
agreed upon.
● After passing of the Resolution, an Advisory Committee and various other
committees were formed by the Constituent Assembly. The Drafting
Committee, chaired by Dr. B.R. Ambedkar, prepared a ‘Draft Constitution’ for
discussion.
● Several rounds of thorough discussion took place on the Draft Constitution,
clause by clause. The members considered carefully and debated all the
clauses for 114 days, spread over nearly three years. All the proceedings
and discussions in the Constituent Assembly have been recorded and
preserved as what we call the ‘Constituent Assembly Debates’.
● The Draft Constitution was passed or adopted by the Constituent Assembly
on November 26, 1949. It came into force on January 26, 1950.
Question 6.
What was Mahatma Gandhi’s contribution to the Constitution of India?
Answer:
● Although Mahatma Gandhi was not a member of the Constituent Assembly,
there were many members who followed his vision.
● According to his magazine, Young India in 1931, he wanted to release India
from all thralldom and patronage.
● He emphasised on political equality.
● He thought India as a country where the people of all communities would
live in perfect harmony.
● He wanted India where there could be no room for the curse of
untouchability. Women would enjoy the same rights as men.
Question 7.
Describe any five salient features of the Constitution of India.
Answer:
Salient Features:
● Sovereign—People are masters and have supreme right to take decisions.
● Socialist—Wealth to be shared equally.
● Secular—It is based on the freedom of religion. All religions should be
treated equally.
● Democratic—People have political equality.
● Republic—Head of the state is a common man elected by the people.
Question 8.
What is a Constitution? What is its importance?
Answer:
The Constitution of a country is a set of written rules that are accepted by all the people
living together in a country. The Constitution is the supreme law that determines the
relationship among the people living in a territory (called citizens), and also the
relationship between the people and the government.
Importance:
● Specifications: It specifies how the government will be constituted, who will
have the power to take which decisions.
● Trust and Co-ordination: It generates a degree of trust and co-ordination
that is necessary for different kinds of people to live together.
● Rights and Duties: It lays down the limits on the powers of the government
and tells us what the rights of the citizens are.
● Good Society: It expresses the aspirations of the people about creating a
good society.
Question 9.
Express the basic ideas accepted by all leaders before the drafting of the Constitution.
Answer:
(i) Prior to framing of the Indian Constitution, our Constitution-makers had gone through
the Constitutions of nearly 60 countries. They had also studied the various Acts passed
by the British Government. This study enabled the makers of the Constitution to select
the best provisions from different sources but on our own terms.
(ii) Some of the main provisions of our Constitution and their original sources are given
below:
Provisions Sources
(a) The Parliamentary form of The British Consitution (based on
Government. Conventions).
(b) The Charter of the Fundamental The US Constitution.
Rights.
(c) Principles of Liberty, Equality and The French Constitution.
Fraternity.
(d) The Concept of Social and Economic The Former USSR (now Russia);
Equality. Socialist Revolution.
(e) The Directive Principles of State The Irish Constitution.
Policy.
(iii) (a) This is to be noted that our Constitution-makers did not imitate what others had
done. They selected and modified the contents according to India's perspective.
(b) At each step, they also questioned or judged the legitimacy of various provisions.
Question 10.
Define the following terms mentioned in the preamble to the Constitution of India.
(i) Sovereign,
(ii) Socialist,
(iii) Secular,
(iv) Republic,
(v) Liberty,
(vi) Equality,
(vii) Fraternity
(viii), Justice.
Answer
(i) Sovereign: People have the supreme right to make decisions on internal as well as
external matters. No external power can dictate the government of India.
(ii) Socialist: Wealth is generated socially and should be shared equally by society. The
government should regulate the ownership of land and industry to reduce
socio-economic inequalities.
(iii) Secular: Citizens have complete freedom to follow any religion. But there is no
official religion. The government treats all religious beliefs and practices with equal
respect.
(iv) Republic: The head of the state is an elected person and not a hereditary position.
(v) Liberty: There are no unreasonable restrictions on the citizens in what they think,
how they wish to express their thoughts and the way they wish to follow up their
thoughts in action.
(vi) Equality: All are equal before the law. The traditional social inequalities have to be
ended. The government should ensure equal opportunity for all.
(vii) Fraternity: All of us should behave as if we are members of the same family. No one
should treat a fellow citizen as inferior.
(viii) Justice: Citizens cannot be discriminated on the grounds of caste, religion and
gender. Social inequalities have to be reduced. Government should work for the welfare
of all, especially of the disadvantaged groups.
Question 11.
“The Constituent Assembly was the representative body of the people of India.”
Explain with examples.
Answer:
● The Assembly was dominated by the Indian National Congress.
● Many important political leaders were also its members. Pandit Jawaharlal
Nehru, Dr. Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam
Azad, Dr. Shyama Prasad Mukherjee, Dr. B.R. Ambedkar, Mrs. Sarojini Naidu
and Sardar Baldev Singh were its important members, who guided the
discussion in the Constituent Assembly.
● There were more than 30 members belonging to the Scheduled Caste.
● Minorities like the Anglo-Indians had Frank Anthony as their representative.
● The Parsee community was represented by H.P Modi. _
● Some Constitutional experts like Alladi Krishna Swarny Aiyer, Dr. B.R.
Ambedkar, and K.M. Munshi were also there.
● Mrs. Sarojini Naidu and Mrs. Vijaya Lakshmi Pandit were the two leading
women of India in the Constituent Assembly.
Time: The members deliberated for 114 days spread over three years.
Question 12.
Why should we accept the Constitution made by the Constituent Assembly more than
60 years ago?
Answer:
● Constituent Assembly, a Galaxy of Indians: The Constituent Assembly
represented the people of India. There was no universal adult franchise at
that time, so it was elected mainly by the members of the existing
Provincial Legislatures. This ensured a fair geographical share of members
from all the regions of the country. The Assembly was dominated by the
Indian National Congress but with leaders having different opinions. In
social terms too, the Assembly represented members from different
language groups, castes, classes, religions and occupations.
● Elected Members: The drafting of the document called the Constitution was
done by an assembly of elected representatives called the Constituent
Assembly.
● Working Pattern of the Assembly:
● The Constituent Assembly worked in a systematic, open and
consensual manner.
● First some basic principles were decided, and agreed upon.
● Then a Drafting Committee chaired by Dr. B.R. Ambedkar
prepared a Draft Constitution for discussion.
● Several rounds of thorough discussions took place on the Draft
Constitution clause by clause.
Question 13.
Why did the Constitution-framers make provisions for amendments in the Indian
Constitution? Give three reasons.
Answer:
● The Indian Constitution is a very long, detailed document. It was never
considered as a static, sacred and unalterable law. It needed to be
amended quite regularly to keep it updated.
● Those who drafted the Indian Constitution felt that it had to be in
accordance with people’s aspirations and changes in society.
● Our Constitution-makers had great foresight. They were aware of the
coming future needs of the fast changing Indian society. It was likely to
experience many socio-economic changes in the coming years.
● As such, they desired that the Indian Constitution should be able to adapt
itself to the changing conditions or circumstances. So, they made
provisions to incorporate changes from time to time. These changes are
called the ‘Constitutional Amendments’. They provided a suitable amending
procedure.