Important Questions: Constitution: Why and How? | Political Science Class 11 - Humanities/Arts PDF Download

Very Short Answer Type Questions

Q1: Why certain rules are necessary for society?
Ans: Certain rules and understandings are very necessary for observance by the members of society so that their relationship is properly maintained. These rules will help in maintaining the discipline and realizing the objectives of the society.

Q2: Why is the Constitution needed?
Ans: As said the Constitution is the body of rules, regulations, and common understanding, it is very much needed to achieve definiteness in the relations of citizens and different organs of the government. The Constitution may be written or unwritten. Constitution also put the check on rulers.

Q3: What is Constituent Assembly?
Ans: A constituent assembly is a body of renowned persons who are engaged in discussion debate and decision-making process and then drafting the Constitution. Most of the constitutions of world countries are written by the Constituent Assemblies.

Q4: What are the main functions of the Constitution?
Ans: The Constitution is the DQ document whose main function is to demarcate the jurisdiction of organs of the government. It also suggests the composition of the government. It also sets the relationship between the state and citizens. The main function of the Constitution is to limit the powers of the government.

Q5: Name main countries from where institutions and features are taken for the Indian Constitution.
Ans: It is said that the Indian Constitution is a borrowed bag because this Constitution has many foreign sources. Britain has the maximum impact on the Indian Constitution. Besides Britain, the USA, Canada, Ireland, Australia, and South Africa are the countries that have influenced the Indian constitution. It is rightly said that the Indian Constitution is a borrowed bag.

Q6: What is the Preamble of the Constitution?
Ans: A preamble is the introductory part of the Constitution which gives the idea of forms of government, values, philosophy, and commitment of the Constitution. Preamble helps in the interpretation of the Constitution.

Short Answer Type Questions

Q7: Discuss the importance of a written constitution.
Ans: The constitution explains the structure of government and the mode of governance. Generally, the constitution is to be taken as a written one but it does not mean that there cannot be an unwritten constitution. British Consti¬tution is the example of the unwritten constitution which is working on the basis of unwritten understandings, traditions, and conventions. But in most of the countries of the world, there are written constitutions which are in the form of a document written by a specially constructed Constituent Assembly. The written constitution has its own utility and importance. The written part of the constitution is a clear indicator of the jurisdiction or powers of a particular organ. There cannot be any ambiguity in a written constitution if it is, it can be explained. A written constitution is generally available in the form of a document that is prepared by continuous discussions and debate and with due process of decision making. It may be the majority method or it can be based on consensus. Therefore a written constitution is more popular.

Q8: Write important features of the Indian Constitution.
Ans: The main features of the Indian Constitution are as under:-

• Written Constitution
• Flexible and rigid Constitution
• The preamble of the Constitution
• Liberal Constitution.
• Parliamentary form of government
• Federal system of government
• Republican system
• Fundamental Rights
• fundamental Duties
• Directive Principles of State Policy
• Secularism
• Bicameral Legislature of center
• Adult Franchise
• Multi-Party System
• Power of Judicial Review to the Judiciary
• Mixed economy
• Single citizenship
• Supremacy of Constitution

Q9: Write four important functions of the Constitution.
Ans: As the constitution is a framework of Government and embodiment of ethos, values, goals, and commitments of the people, it performs a number of functions for the society and the rulers i.e. government. Its main functions are as under:

• The first function of a constitution is to provide a set of basic rules that allow for minimum co-ordination and assurance amongst members of society. Constitutions provide authority to the government for framing rules, regulations, and their issuance and implementation for the purposes of main co-ordination among the people of the people and to establish discipline.
• The Second function is to provide the framework of government and decide the area of jurisdictions of each organ of the government to make the decisions, about the people. It also decides, how the government will be constituted.
• The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are not to be violated by the organs of the government and the people. Citizens are given four Fun-damental Rights that cannot be violated by the government. So these fundamental rights are given protections.
• The fourth important function of the constitution is to ensure the fulfillment of the aspiration of the people and the governmental system.

Q10: How Parliament is subordinate to that of the Constitution in India?
Ans: In India, Parliament is certainly subordinate to the Constitution because Parliament is the product of the Constitution which has set the composition and jurisdiction of the Parliament. In India, we have the supremacy of the Constitution and not of Parliament. Parliament will discharge its duty on the areas, assigned by the Constitution. Parliament can make laws on the issues which are given in the centralized and some times on the issues of stateliest also. But its laws are open for judicial review. Therefore we can say that in India, Parliament is subordinate to Constitution which can be altered only by the Constituent Assembly.

Q11: On which philosophy our Constitutions is based?
Ans: The preamble of the Indian Constitution explains the philosophic basis. It is based on socialist, secular, and democracy: Constitution seeks to build the society on the socialistic pattern which means the availability of minimum needs of everyone and the removal of disparity among people. Socialism means each according to his ability and to each according to, his needs. This philosophy of socialism seeks to build an egalitarian society. Another philo¬sophic base is secularism which means freedom to citizens in matter or religion. It stands for no state religion because religion is a personal matter of man. Another philosophy that seeks to achieve is democracy i.e. full participation of the people on the matter of administration and decision-making process.

Q12: How the Constitution make the people one collective entity?
Ans: In fact, a constitution expresses the fundamental identity of people, and people as a collective entity comes into being only through the basic constitutions. It’ is by agreeing to a basic set of norms about how one should be governed and who should be governed that one forms a collective identity. One has many sets of identities on the basis of race, caste, color, language, and the area which exists prior to the constitution, but by agreeing to certain basic norms and principles, one assumes one’s basic political identity. Secondly, values and norms set in the constitution provide a framework within which one pursues individual aspirations, goals, and freedom.
Therefore constitution provides social, political, and also ethical identity to the people. It is therefore through the constitution people get collective identities. institutions like the Executive, Legislative, and Judiciary. It means that all above institutions will draw their authority and Jurisdiction from the constitution. They will discharge their powers as had been given and allowed by the constitution. The Judiciary will have the final word on the interpretation of the constitution. But Judiciary will also work as per provisions of the constitution. No one is above the constitution. Parliament will make law as per area and subjects allowed by the constitution. The basic structure of the constitution cannot be changed by Parliament. However, it can be changed by Constituent Assembly only. The supremacy of the constitution means that no person or authority or institution is above the constitution.

Q13: How we can ensure the success of a Constitution?
Ans: For the success and faithful obedience of the constitution, there should be some kind of internal mechanisms that no group of the society or no organ of the government become so powerful who could think of subverting the Constitution.
For example, American Constitution has such a mechanism as American Constitution is based on the theory of separation of power with a check and balance system which ensures that no organ will become arrogant and monopolistic in its jurisdiction because there is another organ to check it. Indian Consti¬tution also has fragmented the powers across different institutions like the legislature, executive, judiciary, and even some other constitutional indepen¬dent bodies like the Election commission. Secondly, to obtain the regular support of the people, the constitution must strike the right balance between certain values, norms, and procedures as authoritative and at the same time allow enough flexibility in its operation to adopt the changing needs and circum¬stances.

Long Answer Type Questions

Q14: Giving a brief history of the demand of the Constituent Assembly, explain the theoretical and constitutional framework of the Indian Constitution.
Ans: During the national movement, there has been a persistent demand for the composition of a Constituent Assembly. Such demand was first of all raised in Nehru Report in 1928.’vWhen after, Second World War, the British government put the demand for co-operation in the war through August offer 1940, Cripp’s Mission 1942 and Wavel Plan 1945.

Every time Congress raised the demand of setting up of a Constituent Assembly. Which was ultimately accepted through the cabinet Mission Plan 1946. Gandhi had aired the demand of the Constituent Assembly several times in strong words. This was referred by Dr. Rajendra Prashad as the first Chairman of Constituent Assembly on 9th December 1946 as that Swaraj would mean wishes of the people as expressed through their freely chosen representative. The idea of a Constitu¬ent Assembly had come to prevail largely as an article of faith in almost all the politically minded classes in the country.

The Constituent Assembly was constituted by indirect election. An attempt was made to make this body representative of the body. It took the decisions by accommodation and consensus. It took two years, eleven months and eighteen days to complete this Constitution on 26th November 1949 and which was adopted on 26th January 1950, which we celebrate as Republic day because in this Constitution we are given the provisions of an elected President. Before this, there was the post of nominated Governor-General.

The preamble of the Constitution is a very significant part of the Constitution. By going through the Preamble one can understand the theoretical and institutional framework. The Preamble of the Indian Constitution speaks like this: “We the people of India. Solemnly resolve to constitute India a ‘Sovereign, Secular Socialistic, Democratic, Republic, there will be Justice – Social-economic and political Liberty – of thought and expression EQuestion equality – of status and opportunity and dignity, fraternity, and national integration will be the ultimate objectives. The above description of the Preamble tells the nature of the state which is sovereign, the nature of society i.e socialistic and secular, and the nature of the polity which is the Democratic Republic. It is the institutional framework of the con¬stitution. The theoretical framework is also given in the Preamble of the consti¬tution. The critical framework includes all those values, commitments philosophy, and goals. The Constitution seeks to establish an equalized society by removing the glaring inequalities prevailing in the society to achieve the value of justice. Seemed important value is the liberty of thought and expression. The institution seeks liberty for every citizen so that he or she may feel confident and independent and sense responsibility and sense of belonging guess. Another value is equality of status and opportunity which is needed for the dignity of man.

Q15: Write the composition of the Constituent Assembly of India.
Ans: Indian Constitution is written by a specially constituted Constituent Assembly. This Constituted Assembly had a total strength of 389 members, whose composition was as follows:

• 292 members from British ruled states
• 93 members from Princely states
• 4 members of minorities like Sikh and Anglo Indians

The elected members were to be indirectly elected by the state Assemblies which were constituted by the election of 1946 to the states on the basis of the Government of India Act 1935. Therefore this Constituent Assembly was constituted by indirect elections and nomination. It was constituted as per recommendations of the Cabinet Mission Plan 1946 which came to India after the formation of a new government led by Mr. Atlee in Britain. The Constituent Assembly enacted this Constitution on 26 November 1949 by taking the time of two years, eleven months, and eighteen days. The idea of a Constituent Assembly had come to prevail largely as an article of faith in almost all the politically minded classes in the country.

Q16: How the powers are demarcated in Indian Constitution?
Ans: The important base of the effectiveness of a constitution is a balanced arrangement of the distributions of power and allocation of areas of work (jurisdiction) among the institutions and organs of the government. The basic principle on which the constitution worked was that the government must be democratic and committed to the welfare of the people. The constitution-makers, for the purpose of evolving the right balance among the various institutions like the executive, the legislature, and the judiciary, adopted parliamentary form government and federal-arrangement between the center and states. This will lead to the distributions of power between the legislature and executive on the one hand and between the central government and the state governments. For this purpose the powers were distributed on the basis of three lists as under :

• Union list 96 subjects
• State list 66 subjects
• Concurrent list 47 subjects. The residual powers rest with the center

Q17: How far you agree that the Indian Constituent Assembly was a representative body?
Ans: Although members of the Constituent Assembly were not directly elected by the people there was a serious effort and intention to make the Assembly a representative body. In fact, at that time adult franchise’ was not prevailing, and also the situation k that time was conducive to hold the elections directly. Therefore it was decided that members of the Constituent Assembly be elected by the members of legislative Assefnblies of the states. Besides this through the process of nomination efforts were made to give representation to all shades and opinions. In the election also members of all religions were given due representation. In terms of Political parties, the Congress party which dominated -the’- political scene at that time, also dominated the composition of the Constituent Assembly. The Congress itself was such a party that managed to accommodate almost all sections of the society. Therefore we can conclude that CoristituenK Assembly was a representative body.

Q18: What goals are set in the Indian Constitution?
Ans: Indian society inherited inequality, discrimination, illiteracy, and injustices as a legacy of British imperialism. After independence, the people of India had high hopes. Constitution makers were aware’ of these needs and aspirations of the people. Therefore new goals for the society were set to be realized through the governmental machinery. These objectives were incorporated in the Preamble of the Constitution. The framers of the Indian constitution thought that each individual in the society should have all that which is necessary for them to lead a life of minimum dignity and social self-respect and also minimum material well-being. Therefore to achieve egalitarianism is the first goal of the Constitution. To achieve these goals, related values like justice equality, liberty, the dignity of the individual, fraternity among the people of the country are incorporated. National integrations are also the goal of the Constituent.

Q19: How our constitution is an instrument of socio-economic change?
Ans: Keeping in view the socio-economic fabric of society which we inherited from the British Raj over Constitution makers set the objectives of the Constitution is the Preamble of the constitution and chapters like of Fundamental Right and Directive Principles of State Policy were added in the Constitution. On close observation and study of the performance of the working of the Constitution, we find that there is a vast change in the socio-economic scenario. Liberal and democratic cultures seem to be pervasive. The literary percentage is increased many folds. There is an appreciable improvement in health, housing, and drinking water. quality of life is improved. Social evils like untouchability and sense of high and low status are diminishing. Per Capita income has increased and employment opportunities are also increased. Democracy is mattering. It is definitely because of the triple mentality constitutional provisions.

Q20: What features we have borrowed from the USA and Britain for our constitution.
Ans: As said the Indian Constitution is a borrowed bag because our constitution is indebted to many countries from we have a number of features. From the USA we have borrowed the following features:

• Written Constitution
• The preamble of the Constitution
• Fundamental Rights
• The post of Vice-President
• Power of Judicial review for our Judiciary.

Britain: From Britain, we have borrowed the following features:

• Single citizenship
• Bureaucracy
• The parliamentary system of Government
• Rule of law
• Integrated judiciary
• Bicameral legislative