NCERT Class 11 Political Science Chapter 1 Constitution: Why and How?

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NCERT Class 11 Political Science Chapter 1 Constitution: Why and How?

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Constitution: Why and How?

Chapter: 1

(PART-A) INDIAN CONSTITUTION AT WORK

TEXT BOOK QUESTIONS ANSWER

1. 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.

Ans: (c) It ensures that good people come to power.

2. 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.

Ans: It is (c) The authority of the constitution is higher than that of the parliament because the constitution specifies how parliament is to be formed and what are its powers.

3. State whether the following statements about a constitution are True or False.

(a) Constitutions are written documents about formation and power of the government.

Ans: False.

(b) Constitutions exist and are required only in democratic countries.

Ans: False.

(c) Constitution is a legal document that does not deal with ideals and values.

Ans: False.

(d) A constitution gives its citizens a new identity.

Ans: True.

4. 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.

Ans: The statement is incorrect because the Constituent Assembly was elected by the members of the Provisional Legislative Assemblies. Members from every province and religious group were given representation in the assembly.

(b) Constitution making did not involve any major decision since there was a general consensus among the leaders at the protest time about its basic framework.

Ans: This inference is correct because there was a consensus among the leaders on the main principle of the Constitution. So that all citizens of India are satisfied with the laws or rules implemented by the government and those who are not satisfied with it can oppose it.

(c) There was a little originality in the constitution, for much of it was borrowed from other constitutions of various countries of the world.

Ans: This inference is correct because the Indian Constitution is a bag of borrowing. The philosophical part of the Constitution is largely borrowed from the American and Irish constitutions. The political part of the constitution has been drawn from the British constitution. It includes the principle of Cabinet Government and the relations between the Executive and the legislature.

5. Give two examples each to support the following conclusions about the Indian Constitutions:

(a) The Constitution was made by credible leaders who commanded peoples’ respect.

Ans: Dr. Rajendra Prasad, Pt. Jawaharlal Nehru, Dr. B. R. Ambedkar, Sardar Patel were all well respected leaders of the Indian masses who played a very important role in framing the Indian Constitution. The Constitution was made by credible leaders who commanded peoples’ respect. The Constitution is the focus of people’s hopes and aspirations.

(b) The Constitution has distributed power in such a way as to make it difficult to subvert it.

Ans: Our Constitution has made institutional arrangements of government on the basis of a checks and balances approach. If one of the institutions goes beyond its limitation, the other checks it.

(c) The Constitution is the locus of people’s hopes and aspirations.

Ans: The Constitution was made by credible leaders who commanded peoples’ respect. The members of the Constituent Assembly have people from all sections and religions of society.

6. 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?

Ans: A clear separation of powers outlined in a constitution is essential for a well- functioning government.

Here’s why:

(i) Prevents Abuse of Power: A simple definition of the abuse of power is the misuse of a position of power to take unjust advantage of individuals, organisations, or governments.

(ii) Ensures Accountability: Studies on political accountability have emphasised the key role of elections in promoting accountability in democratic settings. It is through elections that citizens hold governments accountable for past performance.

(iii) Promotes Efficiency: In an economic sense, the ratio or proportionality between the value of the human end achieved (“benefits” or “satisfactions”) and the value of the scarce resources expended to achieve it (opportunity costs).

(iv) Maintains Checks and Balances: Checks and balances, principle of government under which separate branches are empowered to prevent actions by other branches and  induced to share power. Checks and balances are applied primarily in constitutional governments by.

Without clear boundaries, chaos could ensue:

(i) Power Struggles: Political struggle in modern conditions is a complex sociopolitical phenomenon aimed at the transition of power to a certain political group (the conquest of power by a certain political class) in order to achieve certain political, economic, military and other interests.

(ii) Unaccountability: It would be difficult to know who to blame for problems, making it hard to fix them.

(iii) Tyranny: The characteristics of tyranny were defined by Aristotle (384–322 b.c.e.) in his Politics. Tyranny was seen as a corrupt form of monarchy where the ruler acted despotically and preferred his own profit and pleasure to the common good. Tyrants were reputed to be greedy, lustful, and distrusting.

7. Why is it necessary for a constitu. tion to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens?

Ans: You’re right, a constitution without limitations on rulers and no power for citizens would be a contradiction.

Here’s why:

(i) Prevents Tyranny: A separation of powers (for example legislative and executive majority actions subject to review by the judiciary) may also be implemented to prevent the problem from happening internally in a government.

(ii) Protected Rights: In many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments, such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights.

(iii) Defines the System: In political science, a political system means the type of political organisation that can be recognized, observed or otherwise declared by a state. It defines the process for making official government decisions.

No Power for Citizens? Not a True Constitution:

(i) Citizen Participation: Citizen participation’ refers to citizen involvement in public decision making. In different interpretations, ‘citizens’ may be either individuals or organised communities, and ‘participation’ may involve either observation or power.

(ii) Consent of the Governed: Consent of the governed refers to the idea that a government’s legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised.

In essence, a constitution that doesn’t limit rulers and empower citizens wouldn’t be a constitution in the traditional sense. It might be closer to a document outlining an absolute monarchy or dictatorship.

8. 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.

Ans: The Japanese Constitution was made when the US army occupation was still in control of Japan after its defeat in the Second World War (1939-1945). The Japanese Constitution could not have had any provision that the US government did not like. It was due to the fact that ‘constitution’ is a compact document or set of documents that seeks to perform the functions that depend on the interests of the rulers or the interest of the authority in an occupied country. But in the democratic countries a constitution expresses the fundamental identity of a people, it gives everyone in society some reason to go along with its provisions.

(i) Japanese Constitution:

(a) Drafted under US supervision: During one week in February 1946, a committee of 24 Americans, both military and civilian, drafted a democratic constitution for Japan. MacArthur approved it and SCAP presented it to Japan’s foreign minister as a fait accompli.

(b) Focus on peace: Article 9 of the Japanese Constitution contains “No war” clause. It came into effect on May 3, 1947, immediately after World War II. The text of the article of the Japanese Government formally renounces war as a right of sovereignty and refuses to settle disputes using military force.

(ii) Problems with this approach:

(a) Lack of local ownership: Local ownership does not simply mean government ownership, but rather evolves through process-oriented and inclusive peacebuilding strategies that engage with all levels of society.

(b) Sustainability concerns: Sustainability refers to the ability of a political system or government to maintain stability, continuity, and effectiveness over time. It is a complex concept that encompasses various factors such as economic stability, social cohesion, environmental protection, and democratic governance.

(iii) India’s experience (contrast):

(a) Indigenous development: Indigenous peoples are the holders of unique languages, knowledge systems and beliefs and possess invaluable knowledge of practices for the sustainable management of natural resources. They have a special relation to and use of their traditional land.

(b) Time for deliberation: A deliberation is a form of discussion in which two people begin on different sides of an issue (….). Then each decides in the light of the other argument whether to adopt the other position, to change his or her position somewhat, or to maintain the same position.

9. Rajat asked his teacher this question: “The constitution is a sixty three year old and therefore an outdated book. No one took my consent to implement it. It is written in such a 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?

Ans: It’s true, the Constitution is a document written many years ago, and the language can be challenging.” Though our Constitution is more than sixty years old, it is still not outdated.

“But the Constitution isn’t just an old book. It’s the foundation of our country, the blueprint that sets the rules for how our government operates, protects our fundamental rights, and ensures fairness for everyone.” This Constitution was framed by a Constituent Assembly.

No one was alive to directly consent to the Constitution in 1950. But it was created through a democratic process by representatives chosen by the people of that time.” In terms of political parties the Congress dominated the Assembly occupying as many as eighty two percent of the seats in the assembly.

The Constitution was made by credible leaders and its final authority is the Indian people. The beauty of the Constitution is that it can be amended! If there are parts that feel outdated, we can discuss and make changes through a specific legal process.” 

The Constituent Assembly which framed our Constitution could be termed as such a body. The Constitution protects your freedoms – speech, religion, assembly. It ensures you get a fair trial and have equal opportunities. The language might be formal, but there are many resources available to help you understand it. The Constitution is for the people, by the people. A constitution is at best in codified form.

10. 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.

Ans: The position of Harbans is correct. The constitution has succeeded in creating a framework of democratic government within which people exercise their choice while electing the government.

(b) Neha-The constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened the constitution has failed.

Ans: The Constitution was framed by the Constituent Assembly of India, established by the members of the provincial assemblies elected by the people of India. Dr Sachidanand Sinha was the first president of the Constituent Assembly. Later, Dr Rajendra Prasad was elected its president.

(c) Nazima-The constitution has not failed us. We have failed the constitution.

Ans: The position of Nazima is correct. The Constitution has adequate principles for proper governance of the country. The people who are responsible for executing and implementing the principles of the constitution have failed to do so because of their self-interest and dishonesty.

11. Do you agree with any of these positions? If yes, why? If not, what is your own position?

Ans: Corruption in politics as well as in the public sector is increasing. But all these evils are due to our representatives and the public as they do not fulfil their duties honestly. The citizens should be educated properly and the social and economic inequality should be curbed. Only then the policies given in the constitution may be implemented.