SUBJECT : - INDIAN CONSTITUTION

CODE : 1SH303

CH 2 Philosophy of the Indian Constitution

1. Question: What is the significance of 26th January 1950 in the context of the Indian
Constitution, and how does it relate to its adoption?

Answer: The date 26th January 1950 holds immense significance for India as it marks the
inauguration of the Constitution of India. On this day, the Constitution became fully
operational. This momentous occasion is celebrated annually across India as Republic Day.
While the Constitution was finally passed and adopted by the Constituent Assembly on
26th November 1949, its full commencement and implementation took effect on 26th
January 1950. Since its inauguration, the Constitution has been successfully guiding the
path and progress of India.

2. Question: Describe the nature of the Indian Constitution as a self-made, enacted, and
comprehensive document.

Answer: The Indian Constitution is a self-made and duly enacted constitution, created by
the people of India acting through their duly elected, representative body – the Constituent
Assembly. This Assembly was organized in December 1946, holding its first session on 9th
December 1946, and later passing the Objectives Resolution on 22nd January 1947. It is a
wholly written document that incorporates the constitutional law of India. The Assembly
took 2 years, 11 months, and 18 days to write and enact the Constitution, finally passing
and adopting it on 26th November 1949. The Indian Constitution is notably very detailed,
consisting of 448 Articles divided into 25 Parts with 12 Schedules, making it much bigger
than constitutions like the US Constitution (7 Articles) or the French Constitution (89
Articles).

3. Question: Explain how the Indian Constitution embodies both democratic and republican
principles.

Answer: The Indian Constitution firmly establishes both democratic and republican
principles within the state:

 India as a Democratic State: The Constitution provides for a democratic system

where the authority of the government rests upon the sovereignty of the people.
People enjoy equal political rights and actively participate in the process of
politics by electing their government through free, fair, and regular elections. The
government is responsible before the people for all its activities, and the people have
 the power to change their government through elections if it does not enjoy their
confidence. India is recognized as the world's largest working democracy.
 India as a Republic: The Preamble declares India to be a Republic. This signifies
that India is not ruled by a monarch or a nominated head of State. Instead, India
has an elected head of State, the President of India, who wields power for a fixed
term of 5 years. After every 5 years, the people of India indirectly elect their
President.

4. Question: Discuss the unique blend of Federalism and Unitarianism found in the Indian
Constitution.

Answer: The Indian Constitution uniquely blends federalism with unitarianism, often
described as a 'Quasi-Federation' or 'a federation with a unitary bias'.

 Federal Structure: Like a federation, the Constitution provides for a written, rigid,
and supreme constitution. It also establishes an independent judiciary with the
power to decide center-state disputes and a dual administration for both central
and state governments. Furthermore, Article I declares India as a 'Union of States',
highlighting that the Indian Union is not the result of a voluntary agreement
among sovereign states, and states do not enjoy the right to secede from the
Union.
 Unitary Spirit: Despite its federal aspects, the Constitution clearly reflects a unitary
spirit by providing a very strong center, a common constitution, single
citizenship, emergency provisions, a common election commission, and common
All India services. This mixture of federalism and unitarianism was adopted keeping
in view both the pluralistic nature of Indian society and its regional diversities, as
well as the crucial need for securing unity and integrity of the nation.

5. Question: Elaborate on the Fundamental Rights guaranteed by the Indian Constitution.

Answer: The Indian Constitution grants and guarantees Fundamental Rights to its
citizens under Part III (Articles 12 to 35). These rights are often referred to as the Indian
Bill of Rights. Initially, 7 Fundamental Rights were granted, but after the deletion of the
Right to Property (by the 44th Amendment Act, 1979), their number came down to six.
These six Fundamental Rights include:

 Right to Equality (Articles 14-18): Providing for equality before law, end of
discrimination, equality of opportunity, abolition of untouchability, and abolition of
Titles.
 Right to Freedom (Articles 19-22): Incorporating six fundamental freedoms such as
freedom of speech and expression, assembly, association, movement, residence, and
profession/trade. It also ensures personal freedom and protection against conviction
for certain offenses, guaranteeing life and liberty, and protection against arbitrary
arrest and detention (Article 22). Article 21A grants the Right to Education for
children aged 6-14 years.
  Right against Exploitation (Articles 23 & 24): Prohibiting the sale and purchase of
human beings, forced labor, and employment of children in hazardous jobs.
 Right to Freedom of Religion (Articles 23-28): Involving freedom of conscience,
religion, and worship, allowing any person to follow any religion, and granting all
religions freedom to establish and maintain their institutions.
 Cultural and Educational Rights (Articles 29-30): Guaranteeing minorities the
right to maintain and develop their languages and cultures, and to establish, maintain,
and administer their educational institutions.
 Right to Constitutional Remedies (Article 32): Considered the "soul" of the Bill of
Rights, it provides for the enforcement and protection of Fundamental Rights by
the Courts, empowering the Supreme Court and High Courts to issue writs for their
enforcement.

6. Question: What are the Fundamental Duties outlined in the Indian Constitution?

Answer: The Indian Constitution, under Article 51 A, outlines eleven Fundamental Duties
that every citizen of India is expected to uphold. These duties reflect the responsibilities
citizens have towards the nation and society. Some of the key Fundamental Duties include:

 To abide by the Constitution and respect its ideals and institutions, including the
National Flag and National Anthem.
 To cherish and follow the noble ideals that inspired the national struggle for
freedom.
 To uphold and protect the sovereignty, unity, and integrity of India.
 To defend the country and render national service when called upon to do so.
 To promote harmony and the spirit of common brotherhood amongst all people,
transcending diversities, and to renounce practices derogatory to the dignity of
women.
 To value and preserve the rich heritage of the country’s composite culture.
 To protect and improve the natural environment including forests, lakes, rivers,
and wildlife, and to have compassion for living creatures.
 To develop the scientific temper, humanism, and the spirit of inquiry and
reform.
 To safeguard public property and to abjure violence.
 To strive towards excellence in all spheres of individual and collective activity for
the nation's constant rise.
 To provide opportunities for education to his child or ward between the age of
six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).