Constitution Why and How - Class 11 Political Science - Chapter 1 - Notes, NCERT Solutions & Extra Questions
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Which of these is not a function of the constitution?
a. It gives a guarantee of the rights of the citizen.
b. It marks out different spheres of power for different branches of government.
c. It ensures that good people come to power.
d. It gives expression to some shared values.
The correct answer is:
c. It ensures that good people come to power.
The constitution does not ensure that good people come to power; rather, it provides the framework and rules by which governance is to be conducted, which includes the process by which leaders are elected or appointed.
Which of the following is a good reason to conclude that the authority of the constitution is higher than that of the parliament?
a. The constitution was framed before the parliament came into being.
b. The constitution makers were more eminent leaders than the members of the parliament.
c. The constitution specifies how parliament is to be formed and what are its powers.
d. The constitution cannot be amended by the parliament.
The best reason to conclude that the authority of the constitution is higher than that of the parliament is:
c. The constitution specifies how parliament is to be formed and what are its powers.
This option indicates that the constitution is a foundational legal document that outlines the structure, functions, and limitations of the parliament, thereby establishing its higher authority.
State whether the following statements about a constitution are True or False.
a. Constitutions are written documents about formation and power of the government.
b. Constitutions exist and are required only in democratic countries.
c. Constitution is a legal document that does not deal with ideals and values.
d. A constitution gives its citizens a new identity.
a. Constitutions are written documents about the formation and power of the government.
This statement is True. Constitutions typically outline the structure of the government, the distribution of powers, and the fundamental principles guiding the state.
b. Constitutions exist and are required only in democratic countries.
This statement is False. Constitutions can exist in various forms of government, including monarchies, autocracies, and democracies. They provide a framework for governance regardless of the type of political system.
c. Constitution is a legal document that does not deal with ideals and values.
This statement is False. While constitutions are legal documents, they often reflect the ideals and values of the society, such as justice, liberty, and equality. They can include preambles and provisions that articulate these principles.
d. A constitution gives its citizens a new identity.
This statement is True. A constitution can help form a collective identity by defining the fundamental political and legal principles that bind the citizens together and by recognizing their rights and duties.
So the final evaluation is: a. True b. False c. False d. True
State whether the following inferences about the making of the Indian Constitution are Correct or Incorrect. Give reasons to support your answer.
a. The Constituent Assembly did not represent the Indian people since it was not elected by all citizens.
b. Constitution making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.
c. There was little originality in the Constitution, for much of it was borrowed from other countries.
a. Incorrect. Although the Constituent Assembly wasn't elected through universal adult suffrage, it was indirectly elected by the members of the then Provincial Legislative Assemblies as per the recommended proportions and communal representation, making it broadly representative of India's diverse population, including various religions and castes.
b. Incorrect. There were significant debates and discussions on numerous issues within the Constituent Assembly. The only unanimous decision was about adopting universal suffrage; other topics like the centralization of power, property rights, and the structure of government faced extensive deliberation, showcasing diverse viewpoints and lack of a pervasive consensus.
c. Incorrect. Despite borrowing constitutional provisions from other countries, each was adapted to align with India's unique context and challenges. The framers actively debated whether the borrowed elements would suitably address the social, economic, and political issues specific to India, hence demonstrating substantial originality in application and adaptation, rather than mere imitation.
Give two examples each to support the following conclusions about the Indian Constitution:
a. The Constitution was made by credible leaders who commanded peoples' respect.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
c. The Constitution is the locus of people's hopes and aspirations.
a. The Constitution was made by credible leaders who commanded the people's respect.
Dr. B.R. Ambedkar: Known as the principal architect of the Indian Constitution, Dr. Ambedkar was a respected leader and a distinguished scholar who played a pivotal role in drafting the Constitution. His contributions to social justice, particularly for the Scheduled Castes, earned him widespread respect.
Pandit Jawaharlal Nehru: As the first Prime Minister of India and a prominent leader in the Indian independence movement, Nehru was instrumental in shaping the vision of modern India. His intellectual leadership and dedication to democratic values commanded great respect.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
Separation of Powers: The Constitution divides government powers among the Legislature, Executive, and Judiciary. This separation ensures that no single branch can wield unchecked power, thereby providing a system of checks and balances.
Federal Structure: India’s federal structure distributes power between the central government and various state governments. This prevents the centralization of power and enables regional representation and autonomy, making it difficult for any one entity to subvert the system.
c. The Constitution is the locus of people's hopes and aspirations.
Fundamental Rights: The Constitution guarantees Fundamental Rights to all citizens, including the right to equality, freedom of speech and expression, and protection against discrimination. These rights reflect the aspirations for a just and equitable society.
Directive Principles of State Policy: These guiding principles aim to establish social and economic democracy, focusing on welfare, education, and public health. Although not enforceable by law, they embody the people's aspirations for a welfare state and are meant to guide governance policies.
Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation?
It is crucial for a country to have a clear demarcation of powers and responsibilities in the constitution to ensure a balanced distribution of authority, avoiding the concentration of power which can lead to tyranny or authoritarian rule. This separation, often called the separation of powers, ensures no single entity or group wields excessive control, promoting a balanced system of governance. In the absence of such demarcation, a nation may face political instability, corruption, and a lack of accountability in governance, potentially leading to civil strife and diminished public trust in the government.
Why is it necessary for a constitution to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens?
A constitution placing limitations on the rulers is essential for the following reasons:
Preventing Abuse of Power: By defining and restricting the powers of the government, a constitution helps prevent the abuse and misuse of authority by those in power.
Protecting Rights and Liberties: Limitations ensure that the fundamental rights and freedoms of citizens are safeguarded. Without these restrictions, rulers could easily infringe upon individual liberties.
Ensuring Rule of Law: Constitutional limitations uphold the principle of rule of law, where laws are applied consistently and fairly to all individuals, including those in positions of power.
Establishing Checks and Balances: Limitations within a constitution create a system of checks and balances among the different branches of government (executive, legislative, and judicial), ensuring that no single entity becomes too powerful.
Promoting Accountability: Rulers are held accountable to the law and to the people, ensuring transparency and responsibility in governance.
The Japanese Constitution was made when the US occupation army was still in control of Japan after its defeat in the Second World War. The Japanese constitution could not have had any provision that the US government did not like. Do you see any problem in this way of making the constitution? In which way was the Indian experience different from this?
The Japanese Constitution's creation under US occupation raises concerns about its authentic representation of the Japanese people's will, as it could not include provisions contrary to US interests. This method might limit the constitution's legitimacy and public acceptance in Japan, as it might be seen as imposed by an external power rather of arising from the people's consensus.
In contrast, the Indian Constitution was drafted by the Constituent Assembly, formed post-independence, reflecting a broad national consensus. Indian leaders had considerable freedom to deliberate, ensuring the constitution aligned with the country's diverse aspirations and values. This process enhanced legitimacy and reflectiveness of the people's will compared to the situation in Japan.
Rajat asked his teacher this question: The constitution is a fifty year old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me why should I obey this document?" If you were the teacher, how would you answer Rajat?
Rajat, I understand your concerns, and they're valid questions. Let's address each point you brought up:
Age of the Constitution: While it's true that our Constitution is decades old, it was designed with a great deal of thought to ensure it can adapt to changing times. The framers included provisions for amendments, allowing us to update laws and rules as society evolves. Many parts of the Constitution remain relevant because they address fundamental principles of governance and rights.
Consent: No one alive today was directly involved in the creation of the Constitution, but it was created through a democratic process by representatives chosen by the people of that time. Modern citizens give their consent to the Constitution through participation in the democratic process, including voting, running for office, and engaging in civic duties.
Complex Language: Legal and official documents often use precise language to cover all possible interpretations and circumstances. While it may seem complex, this precision helps ensure fairness and justice. There are many resources, including simplified versions and interpretations, that can help you understand what the Constitution says and means.
Why Obey the Constitution: The Constitution is the foundation of our legal and political system. It guarantees fundamental rights and liberties, establishes the structure of government, defines the scope of governmental powers, and provides a system of checks and balances. Obeying the Constitution means upholding the rule of law, which is essential for justice, order, and the protection of individual rights.
In essence, the Constitution is not just an old document but a living framework that shapes our society, protects our rights, and provides mechanisms for change and improvement through democratic means. Obeying it ensures that we all live in a fair, just, and well-ordered society.
In a discussion on the experience of the working of our Constitution, three speakers took three different positions:
a. Harbans: The Indian Constitution has succeeded in giving us a framework of democratic government.
b. Neha: The Constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened, the Constitution has failed.
c. Nazima: The Constitution has not failed us. We have failed the Constitution.
Do you agree with any of these positions? If yes, why? If not, what is your own position?
Harbans' Position:
The Indian Constitution has succeeded in giving us a framework of democratic government.
Merits:
The Indian Constitution has indeed provided a robust framework for a democratic system.
It has successfully implemented regular elections, a multi-party system, and mechanisms for the protection of fundamental rights.
The institutions of the legislature, executive, and judiciary have generally worked within the constitutional framework.
Critique:
While the framework is essential, the mere existence of it doesn't mean the democratic values are fully realized in practice.
Issues like corruption, political violence, and flaws in the electoral process often undermine the democratic experience.
Neha's Position:
The Constitution made solemn promises of ensuring liberty, equality, and fraternity. Since this has not happened, the Constitution has failed.
Merits:
The Constitution does indeed promise liberty, equality, and fraternity, and many social and economic inequalities still persist.
Issues such as caste discrimination, gender inequality, religious intolerance, and economic disparity remain significant challenges.
Critique:
Blaming the Constitution entirely may overlook the complexities of implementing ideals in a diverse and vast country like India.
The gap between ideals and reality often stems from socio-economic factors and political practices, not necessarily the failure of the constitutional text itself.
Nazima's Position:
The Constitution has not failed us. We have failed the Constitution.
Merits:
This viewpoint acknowledges the role of citizens and institutions in upholding constitutional values.
It places responsibility on the society and its leaders to follow and implement the Constitution properly.
The Constitution provides mechanisms for improvements and reforms, but it’s up to the people and leaders to utilize them effectively.
Critique:
While it is true that institutions and the populace have a role in upholding constitutional principles, this perspective may sometimes overlook structural flaws or ambiguities within the Constitution itself.
My Position:
I find Nazima's position to be the most balanced and reflective of the complexity of the issue. Here’s why:
The Indian Constitution provides a solid framework for democracy and outlines essential rights and principles. However, the success of a constitution is not solely dependent on its text but also on its implementation by the governing bodies and the active participation of civil society.
While there are shortcomings in achieving complete liberty, equality, and fraternity, this often stems from broader socio-political and economic challenges rather than the constitutional framework itself.
Therefore, it’s crucial to recognize that while the Constitution provides the necessary principles and mechanisms, it’s up to the citizens, institutions, and leaders to actively work towards realizing these ideals. Failure to do so reflects broader failures in governance and civic responsibility rather than a fundamental flaw in the Constitution.
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Understanding "Constitution: Why and How?" - Class 11 Notes
Introduction
The Indian Constitution is a cornerstone of the nation’s democratic framework, guiding its governance and societal values. Understanding constitutional principles is crucial for students, especially in Class 11, as it builds a foundation for appreciating the legal, political, and social systems that govern India.
What is a Constitution?
A constitution is a body of fundamental principles or established precedents according to which a state or other organisation is governed. In essence, it is the rulebook that specifies how a country should operate and what norms it should follow. The Indian Constitution is celebrated for its comprehensive and inclusive nature, addressing both governance and societal aspirations.
Why Do We Need a Constitution?
A constitution serves multiple vital functions:
- Establishes Basic Rules: It sets out fundamental rules that ensure minimal coordination among society's members.
- Specifies Decision-Making Powers: It determines who has the authority to make decisions within society.
- Limits Governmental Power: By specifying fundamental rights, it ensures that the government cannot act arbitrarily.
- Guides Societal Aspirations: It outlines the goals and aspirations of society, promoting justice and equality.
graph TD;
A[Constitution] --> B[Establishes Basic Rules]
A --> C[Specifies Decision-Making Powers]
A --> D[Limits Governmental Power]
A --> E[Guides Societal Aspirations]
Constitution and Allocation of Power
A vital role of a constitution is to allocate power within society. The Indian Constitution designates how decisions are made and who makes them. For example, Parliament has the authority to enact laws, which highlights the democratic principle of decision-making through elected representatives.
Limiting Governmental Power
One of the critical functions of a constitution is to set boundaries on what the government can impose on its citizens. The Indian Constitution ensures this by providing fundamental rights such as freedom of speech, religion, and equal protection under the law. These rights are non-negotiable and protect citizens from arbitrary government actions.
Aspirations and Goals of Society
Modern constitutions, including India's, go beyond limiting government power. They embody the aspirations and goals of society, enabling governments to take positive actions to promote social justice and equality. For instance, the Indian Constitution empowers the government to take steps to eliminate caste discrimination and promote the welfare of its citizens.
Fundamental Identity of a People
A constitution is more than just a set of rules; it expresses the fundamental identity of a people. By agreeing to a set of norms, individuals in a society form a collective and political identity. The Indian Constitution, for example, emphasises the values of democracy, justice, and equality, reflecting the diverse and inclusive nature of Indian society.
Mode of Promulgation
How a constitution comes into being significantly impacts its effectiveness. Constitutions crafted with public consensus, like India’s, tend to be more successful. The Indian Constitution drew legitimacy from the broad national movement that preceded it, involving leaders who commanded respect and represented diverse societal interests.
Substantive Provisions of a Constitution
A successful constitution gives everyone a reason to adhere to its provisions. This is achieved by ensuring that the rules are just and inclusive, allowing for the pursuit of basic justice and equality. The Indian Constitution, for instance, aims to protect minority rights and prevent the oppression of any group.
Balanced Institutional Design
Effective constitutions prevent any single institution or group from monopolising power. The Indian Constitution achieves this through a system of checks and balances, distributing power across different branches of government and creating independent bodies like the Election Commission. This fragmentation ensures that no single entity can subvert the constitution.
The Role of the Constituent Assembly
The Constituent Assembly played a crucial role in framing the Indian Constitution. Composed of representatives from diverse communities and political backgrounds, the Assembly deliberated extensively to ensure that the Constitution reflected the nation's aspirations and values.
Influence of the Nationalist Movement
The principles and values of the Indian nationalist movement significantly influenced the Constitution. The Objectives Resolution moved by Jawaharlal Nehru in 1946 encapsulated the movement's aspirations for equality, liberty, democracy, sovereignty, and a cosmopolitan identity, which were enshrined in the Constitution.
Main Points of the Objectives Resolution
- India is an independent, sovereign republic.
- The Union comprises former British Indian territories, Indian States, and other willing territories.
- Autonomous units exercise powers except those assigned to the Union.
- Sovereignty derives from the people.
- Guaranteed social, economic, and political justice; equality; and fundamental freedoms.
- Adequate safeguards for minorities, backward and tribal areas, and depressed classes.
- Maintenance of territorial integrity and sovereign rights.
- Contribution to world peace and human welfare.
Institutional Arrangements
Ensuring effectiveness, the Constitution established a balanced governmental structure with a parliamentary system and federal arrangement. The framers of the Constitution were open to borrowing from other constitutional traditions but adapted these ideas to suit Indian needs and aspirations.
Case Study: Constitution Making in Nepal
Nepal presents an example of the complicated nature of constitution making. With multiple constitutions since 1948, the process involved addressing the role of the monarchy and evolving into a republic in 2008. The comparison with India's experience highlights the diverse challenges and methods of constitution making.
Conclusion
The Indian Constitution stands as a testament to the foresight and wisdom of its framers, embodying fundamental values and societal aspirations. It continues to guide India's democratic framework, balancing individual rights with the collective good, ensuring its relevance and resilience in a changing world. For Class 11 students, understanding these principles is crucial for appreciating the legal and moral foundations of Indian society.
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