The Philosophy of the Constitution - Class 11 Political Science - Chapter 10 - Notes, NCERT Solutions & Extra Questions
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Extra Questions - The Philosophy of the Constitution | Indian Constitution at Work | Political Science | Class 11
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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.
b. There will be different slabs of sales tax on different consumer items.
c. Religious instructions will not be given in any government school.
d. There shall be no begar or forced labour.
Laws and Their Underlying Values
a. Both daughters and sons will have a share in the family property.
- Value: Equality
- Reason: This law promotes gender equality by ensuring that both male and female children have equal rights to inherit family property.
b. There will be different slabs of sales tax on different consumer items.
- Value: Economic Justice
- Reason: Different tax slabs reflect the principle of economic justice by ensuring that essential items may have lower taxes while luxury items may have higher taxes, aiming to balance the economic burden.
c. Religious instructions will not be given in any government school.
- Value: Secularism
- Reason: This rule supports the secular nature of the state by keeping religion separate from state-run educational institutions, promoting an inclusive environment for all religions.
d. There shall be no begar or forced labour.
- Value: Freedom and Human Dignity
- Reason: Prohibiting forced labor aligns with the value of individual freedom and human dignity, ensuring that all work is consensual and fairly compensated.
Which of the options given below cannot be used to complete the following statement?
Democratic countries need a constitution to
i. Check the power of the government.
ii. Protect minorities from majority.
iii. Bring independence from colonial rule.
iv. Ensure that a long-term vision is not lost by momentary passions.
v. Bring social change in peaceful manner.
Option iii. Bring independence from colonial rule cannot be used to complete the statement "Democratic countries need a constitution to".
This is because achieving independence from colonial rule is a historical event rather than a function of having a constitution in place. The other options relate to ongoing roles and functions of a constitution in a democratic society.
The following are different positions about reading and understanding Constituent Assembly debates.
i. Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement says that they are not relevant?
ii. With which of these positions do you agree and why?
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.
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 past in the present
c. Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practises are important. In a period when constitutional practises are being challenged, not knowing the reasons can destroy them.
i. Relevancy of Constituent Assembly Debates
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Relevant today:
Statement 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." -
Not relevant:
Statement 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 past in the present."
ii. Personal Position and Reason
I agree with statement c. The philosophical underpinnings and justifications provided by the Constituent Assembly debates remain integral for understanding and preserving the essence of constitutional principles, especially when those principles face contemporary challenges.
Explain the difference between the Indian Constitution and western ideas in the light of
a. Understanding of secularism.
b. Articles 370 and 371 .
c. Affirmative action.
d. Universal adult franchise.
a. Understanding of Secularism
Western secularism entails a strict separation of state and religion, forbidding the state from intervening in religious matters and vice versa. In contrast, Indian secularism follows the principle of "principled distance," where the state can intervene in religion to ensure equality, but also support religious communities when needed (e.g., funding educational institutions).
b. Articles 370 and 371
Western constitutions typically emphasize symmetrical federalism where all sub-units have equal status. The Indian Constitution accommodates asymmetrical federalism through Articles 370 and 371, providing special status and autonomy to certain regions like Jammu & Kashmir (Article 370) and North-Eastern states (Article 371) to meet their unique needs.
c. Affirmative Action
Classical liberalism in the West often focuses on individual rights and prefers a "race-neutral" approach, limiting affirmative action. In contrast, the Indian Constitution intertwines liberalism with social justice, exemplified by its reservations (affirmative action) for Scheduled Castes and Scheduled Tribes to address historical injustices and ensure equitable representation.
d. Universal Adult Franchise
Western democracies historically extended voting rights gradually (e.g., only to property owners or males initially). The **Indian Constitution adopted universal adult franchise from the outset, ensuring equal voting rights for all adults regardless of gender, caste, or economic status, reflecting an immediate commitment to democratic inclusivity.
Which of the following principles of secularism are adopted in the Constitution of India?
a. that state will have nothing to do with religion
b. that state will have close relation with religion
c. that state can discriminate among religions
d. that state will recognise rights of religious groups
e. that state will have limited powers to intervene in affairs of religions
The principles of secularism adopted in the Constitution of India are:
- d. that state will recognise rights of religious groups
- e. that state will have limited powers to intervene in affairs of religions
The Indian Constitution ensures that the state recognises the rights of religious groups, such as the right to establish and maintain educational institutions, and also allows the state to intervene in matters of religion when it promotes values such as liberty, equality, and social justice, but does not advocate for mutual exclusion of religion and state.
Match the following.
a. Freedom to criticise treatment of widows | I. Substantive achievement |
b. Taking decisions in the constituent assembly on <br> the basis of reason, not self interest | ii. Procedural achievement |
c. Accepting importance of community in an individual's life | iii. Neglect of gender |
d. Article 370 and 371 | iv. Liberal individualism |
e. Unequal rights to women regarding family property and children | v. Attention to requirements of a particular region |
Here is the matching:
a. Freedom to criticize 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 |
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.
I agree with Saba and Neha.
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Saba raises an important point about the universality of values like equality between men and women, questioning the distinction between Indian and Western ideas in this context. This aligns with the chapter's explanation that adopting modern values was not a blind borrowing but a creative adaptation to meet local needs.
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Neha correctly highlights that the struggle was against colonialism, not British people or their institutions. The Indian Constitution was designed with the intention of empowerment and transformation, adopting the parliamentary system because it was seen as a suitable way to achieve a democratic governance structure.
Overall, these perspectives emphasize that the Indian Constitution's adoption of certain "Western" elements was a deliberate choice aimed at achieving a democratic transformation.
Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.
The making of the Indian Constitution is considered unrepresentative because the Constituent Assembly was formed before the grant of adult franchise, meaning its members were chosen by a restricted franchise, not by universal suffrage. Most members came from the advanced sections of society.
However, the Constitution may not be entirely unrepresentative because:
- Diverse Opinions: The Assembly's debates show that many social concerns and opinions were considered.
- Inclusion of Marginalized Voices: Issues affecting various social sections were raised and addressed, indicating an effort towards inclusiveness.
- Symbolic Representation: Figures like Dr. Ambedkar are revered by marginalized communities, reflecting their aspirations.
Thus, while the formation was unrepresentative in some ways, the content of the Constitution attempted to be inclusive and reflective of diverse opinions and needs.
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?
Evidence of Gender Justice Limitation
- Gender Justice within Family: The Constitution has been criticized for glossing over important issues of gender justice within the family. Despite provisions for equality and non-discrimination, personal laws governing marriage, divorce, inheritance, etc., often remain biased against women.
Recommended Provisions
- Uniform Civil Code: Implement a Uniform Civil Code to ensure equal rights for all genders under personal laws.
- Gender Quotas: Establish gender quotas in all elected bodies to ensure adequate representation of women.
- Equal Pay: Explicitly mandate equal pay for equal work irrespective of gender.
- Protection Against Gender Violence: Strengthen provisions for protecting women against gender-based violence and harassment.
- Healthcare and Education: Guarantee universal access to healthcare and education for women.
These steps would significantly enhance gender justice in the Indian legal framework.
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 on Directive Principles?
I agree with the statement. Here are the possible reasons why socio-economic rights were placed in the Directive Principles rather than the Fundamental Rights section:
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Feasibility and Resource Constraints: At the time of drafting, India was a newly independent and developing country with limited resources. Guaranteeing socio-economic rights as enforceable Fundamental Rights may have been considered impractical given these resource constraints.
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Guiding Principles: The Directive Principles serve as guidelines for the state to frame policies and laws. Making socio-economic rights goals rather than enforceable rights allowed the state to work towards achieving these objectives over time.
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Flexibility for Progressive Realization: Embedding these rights within Directive Principles allows the government flexibility in their implementation, adapting to socio-economic changes without the pressure of immediate legal enforcement.
These reasons reflect a pragmatic approach, balancing idealistic goals with practical governance challenges.
How did your school celebrate the Constitution Day on November 26th?
The chapter does not provide specific details about how schools celebrate Constitution Day on November 26th. However, Constitution Day in India is typically marked by educational activities such as reading the preamble, discussions on the core features and philosophy of the Constitution, as well as debates on its significance and historical context. Schools might hold special assemblies, essay competitions, and quizzes related to the Constitution to raise awareness among students.
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Understanding the Philosophy of the Constitution: A Guide for Class 11 Political Science
The philosophy of the Indian Constitution is central to understanding how the document functions and its broader implications for society. This article delves into the core aspects of the Constitution's philosophy, aiming to provide students of class 11 political science with a comprehensive overview.
The Philosophy of the Constitution: Core Concepts
Defining the Philosophy of the Constitution
The Indian Constitution is more than a legal document; it's a manifesto of the moral and philosophical vision that the framers envisaged for Indian society. This vision is imbued with values such as justice, equality, and liberty, which guide the interpretation and application of its provisions. To understand this philosophy, one must explore the relationship between laws and the deeply held moral values they represent.
Importance of Studying Constitutional Philosophy
Studying the philosophy of the Constitution is crucial because it enables us to comprehend the foundational principles that govern the legal and political system. This understanding helps students make sense of the detailed provisions and the broader objectives the Constitution aims to achieve.
Core Features of the Indian Constitution
Individual Freedom
One of the cornerstones of the Indian Constitution is its commitment to individual freedom. This commitment didn’t emerge overnight but was the result of relentless efforts by leaders like Rammohan Roy, who advocated for rights such as freedom of the press. As depicted in various fundamental rights, the Constitution ensures the protection of individual liberties, emphasising that these freedoms are non-negotiable in a democratic society.
Social Justice
Mermaid Diagram Illustrating the Concept of Social Justice
graph TD;
A[Social Justice] -->|Linked to| B[Individual Rights]
A -->|Special Measures| C[Scheduled Castes and Tribes]
A -->|Protects| D[Historical Injustices]
The Indian Constitution integrates social justice with individual rights, aiming to rectify historical injustices faced by disadvantaged communities. Provisions such as reservations for Scheduled Castes and Tribes underscore the Constitution’s commitment to ensuring that equality is not merely theoretical but practical.
Respect for Diversity and Minority Rights
India's Constitution recognises the significance of diverse communities and ensures their protection through various provisions. One such right is the ability of religious communities to establish and run their educational institutions, which may receive government funding. This approach ensures that community identity is preserved while promoting equal respect among all citizens.
Secularism
The Indian Constitution’s concept of secularism differs from the Western model. It promotes a principled distance between the state and religion, allowing the state to intervene when necessary to eliminate discriminatory practices sanctioned by religion, such as untouchability. This nuanced understanding of secularism helps maintain a balance between religious freedom and social equality.
Federalism and Regional Identities
India’s federal structure includes asymmetric federalism, allowing for special provisions to meet the unique needs of certain states. For instance, Article 371 provides special status to the North-Eastern state of Nagaland, reflecting a flexible approach to federalism that accommodates regional identities while maintaining national unity.
Achievements of the Constitution
Substantive Achievements
- The Constitution enhances liberal individualism within a society that often prioritises community values over individual autonomy.
- It balances social justice with individual rights, as seen in its caste-based affirmative action measures.
- The Constitution acknowledges and respects group rights, promoting a multicultural society.
Procedural Achievements
- The Constitution showcases a strong belief in political deliberation, reflecting the inclusivity of various perspectives during its framing.
- It embodies a spirit of compromise and accommodation, demonstrating a willingness to reconcile differing values through consensual decision-making.
Criticisms and Limitations
Criticisms of the Constitution
- Unwieldy Document: Critics argue that the Indian Constitution is too large, encompassing details usually found in subsidiary legislation.
- Representativeness: Formed under restricted franchise, the Constituent Assembly did not fully represent the population.
- Alien Nature: Some contend that the Constitution is overly influenced by Western models, making it incompatible with Indian traditions.
Addressing Limitations
The Indian Constitution has evolved to address many of its initial limitations. Ongoing amendments and judicial interpretations have helped adapt it to contemporary realities, balancing traditional values with modern principles.
Conclusion
The Constitution of India is a living document, continuously evolving while retaining its core philosophical vision. This vision, best summed up in the Preamble, reflects the shared aspirations of the people of India for a society based on equality, liberty, and fraternity. The true success of the Constitution lies in its ability to adapt and thrive amid changing societal conditions, keeping alive the democratic ideals it was built upon.
Frequently Asked Questions (FAQs)
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Why did the leaders adopt a Constitution after independence?
- To guide the newly independent nation with a set of democratic principles that ensure justice, liberty, and equality for all citizens.
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How is the Indian Constitution a living document?
- It evolves through amendments and judicial interpretations to meet the changing needs of society.
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Why do we keep revisiting the Constituent Assembly debates?
- These debates offer deep insights into the intentions and concerns of the framers, helping us understand the philosophical underpinnings of the Constitution.
By exploring the philosophy of the Constitution, students gain a deeper appreciation of the document's significance, helping them become informed and responsible citizens.
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