THE INDIAN CONSTITUTION, QA

ANSWER THE FOLLOWING QUESTIONS BRIEFLY:

1. HOW DOES A CONSTITUTION PREVENT THE TYRANNY OF THE

GOVERNMENT?

ANSWER: In order to prevent the misuse of power, the Constitution provides for
three tiers of checks and balances. These include the Constitutional rights of
individuals, which are enforceable against the State, separation of power amongst the
three organs of the government (Legislature, Executive and Judiciary) and the power
of institutional checks and balances by the constitutional bodies.

2. DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE

PRINCIPLES OF STATE POLICY.

ANSWER: Fundamental Rights are incorporated in Part III of the Constitution,

whereas the DPSPs are in Part IV. Fundamental Rights can be defined as the basic
rights which are guaranteed to every citizen of a country under the Constitution of
India, While DPSPs are directives or instructions to be followed by the Government
to take into consideration while formulating laws.

3. WHAT DO YOU UNDERSTAND BY SECULARISM?

ANSWER: A secular State is one in which the State does not officially promote any
one religion as the State religion. It is a belief that religion should not be involved
with ordinary social and political activities of a country.

4. WHY IS INDIA’S FEDERATION SAID TO BE QUASI-FEDERAL?

ANSWER: The Indian Constitution has been established as a federal structure, yet it
has a large number of unitary features such as a strong centre, single citizenship,
single Constitution and emergency provisions (during which the nation converts into
unitary form of government).

5. What do you understand by Parliamentary Government?

ANSWER: Parliamentary form of government is the one in which people elect their
representatives. Every citizen is free to contest the elections irrespective of his or her
 social or economic status. There is a distinction between the Head of State (President)
referred to as nominal head and Head of the Government (Prime Minister).

ANSWER THE FOLLOWING QUESTIONS IN DETAIL:

1. DO YOU THINK MEMBERS OF INDIAN CONSTITUENT ASSEMBLY HAVE

DONE ENOUGH JUSTICE IN PREPARING THE CONSTITUTION?
JUSTIFY YOUR ANSWER WITH SUITABLE EXAMPLES.

ANSWER: Yes, the members of the Indian Constituent Assembly did substantial
justice in preparing the Constitution of India. Here are several reasons with examples
to justify this assertion:

i. Comprehensive Representation: The Constituent Assembly included

members from diverse backgrounds, ensuring a wide range of perspectives.
This inclusivity helped create a balanced and equitable Constitution.

ii. Fundamental Rights: The Constitution enshrines a comprehensive set of

Fundamental Rights, safeguarding individual liberties and equality.

iii. Directive Principles of State Policy: The inclusion of Directive Principles

(Part IV) reflects the Assembly's vision for social and economic democracy.

iv. Federal Structure with a Strong Center: The Assembly balanced the need
for a strong central government with federal principles, crucial for India's
diverse and vast landscape. The division of powers between the center and
states ensures both unity and regional autonomy.

v. Judicial Independence: The establishment of an independent judiciary,

particularly through the Supreme Court, ensures checks and balances within
the government.

vi. Amendment Procedure: The Constitution provides a detailed procedure for

amendments, allowing it to adapt to changing times while maintaining its core
principles. This flexibility has enabled the Constitution to evolve without
losing its foundational ethos.

2. CONSTITUTIONS SERVE SEVERAL PURPOSES. DISCUSS.

 ANSWER: Constitutions serve several critical purposes in the governance and
functioning of a State. It plays a fundamental role in shaping the political, legal, and
social framework of a country. Here are the key purposes:

i. Establishing Government Structure: Constitutions outline the organization

of the government, defining the powers and responsibilities of its branches—
executive, legislative, and judicial. This framework ensures a balanced
distribution of power and prevents any single branch from becoming too
powerful.

ii. Providing Legal Framework and Rule of Law: Constitutions establish the
rule of law, ensuring that all individuals and institutions, including the
government, are subject to the law. This legal framework provides the basis
for enacting, interpreting, and enforcing laws.

iii. Defining and Protecting Rights: Constitutions enumerate the fundamental

rights and freedoms of individuals, protecting them against arbitrary actions
by the government. These rights include freedom of speech, religion,
assembly, and the right to a fair trial.

iv. Expressing National Identity and Values: Constitutions often embody the
core values, principles, and aspirations of a nation, serving as a statement of
national identity and guiding the country's development. The preamble of the
Indian Constitution expresses the values of justice, liberty, equality, and
fraternity, reflecting the aspirations of the nation.

3. WHAT ARE THE MAIN FEATURES OF THE INDIAN CONSTITUTION?

ANSWERA: The Indian Constitution is notable for its comprehensive and detailed
nature, which reflects the country's diverse and complex socio-political landscape.
Here are the main features of the Indian Constitution:

i. Federalism: India has federal structure which is a system of government

where power is divided between the central government and the state or
regional government through a written constitution. India has three tier system
 of governance. This decentralisation of power ensures greater participation of
people and more effective implementation of laws.

ii. Parliamentary form of Government: Parliamentary form of government is

the one in which people elect their representatives. Every citizen is free to
contest the elections irrespective of his or her social or economic status. There
is a distinction between the Head of State (President) referred to as nominal
head and Head of the Government (Prime Minister).

iii. Three organs of Government: the government carries out its work with the
help of three organs which are the Legislature, Executive, and Judiciary. The
Executive is responsible for governance and administration. The legislature is
the law-making body. The judiciary is involved in the interpretation of laws.

iv. Fundamental Rights and Directive Principles of State Policy: fundamental

rights enshrine the basic rights of every citizen of the country. They are
justifiable in the court of law. While DPSPs are directives or instructions to be
followed by the Government to take into consideration while formulating
laws.

v. Secularism: India is a secular nation, which means it does not promote any
one religion and treats all religions equally.

4. WHAT WERE THE MAIN CHALLENGES BEFORE THE CONSTITUENT

ASSEMBLY?

ANSWER: The Constituent Assembly of India faced several significant challenges while
drafting the Constitution. Here are the main challenges they encountered:

i. Geographical and ethnic diversity: India is characterized by immense

diversity in terms of languages, cultures, religions, and ethnic groups.
Ensuring representation and addressing the needs and aspirations of such a
varied populace was a major challenge.

ii. Partition and Communal Tensions: The partition of India in 1947 led to
large-scale communal violence and displacement. The assembly had to
address the immediate aftermath of partition, ensure peace and stability, and
foster communal harmony.
 iii. Socio-economic reforms: Post-independence, India faced significant
economic challenges, including poverty, illiteracy, and underdevelopment. The
assembly needed to create a framework for economic growth and equitable
development.

5. EXPLAIN THE FEDERAL DIVISION OF POWER IN INDIA.

ANSWER: India has federal structure which is a system of government where power
is divided between the central government and the state or regional government
through a written constitution. This decentralisation of power ensures greater
participation of people and more effective implementation of laws. Both the national
and state governments derive their power from the Constitution.

India is not a true-federation and is regarded as quasi-federal in its nature, reason

being that the state governments are subordinate to the central government. The
federal character of the Indian Constitution involves three-way distribution of power
between national and state governments. These are listed under the Union, State and
Concurrent list. The centre has been given exclusive powers to make laws on the
items listed in the Union List, the state has exclusivity on the state list and both centre
and state government can formulate laws on the items listed in concurrent list. In case
of overlap of interest, the power of Central government prevails.