NCERT Class 11 Political Science Chapter 10 The Philosophy of The Constitution

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NCERT Class 11 Political Science Chapter 10 The Philosophy of The Constitution

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The Philosophy of The Constitution

Chapter: 10

1. 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.

Ans: It is connected with the value of ‘social justice’. Because the right to equality for men and women or for any castes, creed or sex i.e. no discrimination should be made for the individual on the basis of caste, creed or sex etc. It is an issue of gender justice.

(b) There will be different slabs of sales tax on different consumer items.

Ans: Economic justice as it reflects the importance of certain consumer items for people and seeks to discourage the consumption of other items deemed as non-essential.

(c) Religious instructions will not be given in any government school.

Ans: There shall be no begar or forced labour. It means no exploitation of any section of the society. Thus it is also connected with social justice.

(d) There shall be no begar or forced labour.

Ans: The idea of social justice as it strives to end forced labour and protect workers from exploitation.

2. 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.

(i) Protect minorities from the 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 a peaceful manner.

Ans: The (iii) option cannot be used to complete the statement i.e., bring independence from colonial rule.

3. 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?

I (a) Common people are too busy earning livelihood and meeting different pressures of life. They can’t understand the legal language of these debates.

Ans: This statement says that they are not relevant.

(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 the past in the present.

Ans: The Constitution of India was drawn up under very difficult circumstances. 1. People of India were emerging from the status of subjects to that of citizens. Until then they had lived under foreign rule and did not have a say in the government.

(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.

Ans: This statement argues that Constituent Assembly debates are relevant even today.

(II) With which of these positions do you agree and why?

Ans: (a) I do agree with the position. The debates of constituent Assembly are relevant so as to understand and interpret the various articles of the Constitution but they contain a lot of legal terms which the common man can’t easily comprehend.

(b) I do agree with this statement. As we see that our Constitution during the period of fifty six years has been amended about 100 times.

(c) I agree with this position also because the most important challenges have not changed totally.

4. Explain the difference between the Indian Constitution and Western ideas in the light of.

(a) Understanding of Secularism.

Ans: Understanding of Secularism: Secularism is to create a society in which people of all religions or people who don’t belong to any religion can live together peacefully. It says that no one shall be subject to discrimination by any State, institution, group of persons, or person on grounds of religion or other beliefs.

(b) Articles 370 and 371.

Ans: Articles 370 and 371: Today, the Supreme Court’s verdict has proved that the decision to abrogate Article 370 was completely constitutional.” Union Home Minister further said that “After the abrogation of Article 370 the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past. Article 371J accords special status to the Hyderabad-Karnataka Region (Kalyana Karnataka), and provides for the establishment of a separate development board for the area. It provides for equal allocation of funds and equal opportunities for locals in employment and education.

(c) Affirmative action.

Ans: Affirmative action: Affirmative action refers to a set of policies and practices within a government or organisation seeking to increase the representation of particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are underrepresented such as education and employment.

(d) Universal Adult Franchise.

Ans: Universal Adult Franchise: Universal adult franchise, also known as universal adult suffrage ensures all the adult citizens of the country have the right to vote without any discrimination on the basis of caste, colour, creed or religion. It makes possible the involvement of all the citizens in the governance of the state.

5. 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 relations with religion.

(c) That state can discriminate among religions.

(d) That state will recognise the rights of religious groups.

(e) That state will have limited powers to intervene in affairs of religions.

Ans: The following principles of secularism are adopted in the Constitution of India:

(a) The state will have nothing to do with religion.

(d) The state will recognise the rights of religious groups.

(e) The state will have limited powers to intervene in affairs of religions.

6. Match the following:

Ans: 

7. This discussion was taking place in a class. Read the various arguments and state which of these 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.

Ans: In this discussion we find that Jayesh thinks that our Constitution is only a borrowed document. Here the sense of the critic is that there is nothing original in the Constitution of India. Many sections have been taken word by word from the Government of India Act 1935. Similarly many provisions have been borrowed from the constitutions of other countries of the world. There is nothing indigenous about it. There is no mention of the sabha or the samiti of the Hindu period. There is also no reference to the political institutions of mediaeval India.

But Saba asks if there is anything as Indian and Western in the case of values and ideas. There is similarity in the case of values and ideas and there is no difference when we say equality between men and women. And if it is then it is not right to reject anything only due to its being Western. When Jayesh said that after the fighting for independence we should not follow the policies of the British. But Neha gave the argument that in our national movement we were not against the British but 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.

Thus it may be said that there is nothing wrong in borrowing a political institution which otherwise works well. Moreover, it is difficult to fit in the ancient political institutions of India in a modern constitutional set up.

8. Why is it said that the making of the Indian Constitution was un- representative? Does that make the Constitution unrepresentative? Give reasons for your answer.

Ans: The Indian Constitution was drafted by a Constituent Assembly that, while representative in some ways, was not fully representative of the Indian population. One of the primary criticisms is that the members of the Assembly were chosen through a restricted franchise, not by universal adult suffrage. This meant that many segments of society, particularly marginalised groups, were underrepresented.

The Assembly was constituted based on the Cabinet Mission Plan of 1946, which allocated seats to various provinces and princely states. While this ensured some representation from different regions, it did not guarantee that all voices were heard. Additionally, the Assembly was initially larger, but its membership was reduced following the partition of India in 1947.

While the Constituent Assembly’s limitations are undeniable, it’s important to consider the context in which the Constitution was drafted. India was transitioning from colonial rule to independence, and the circumstances were complex. The Assembly was tasked with creating a document that would unite a diverse nation and establish a democratic framework.

Despite its limitations, the Constituent Assembly did engage in extensive deliberations, involving representatives from various backgrounds and perspectives. While the representation may not have been perfect, the debates and discussions that took place provided a platform for different voices to be heard.

Moreover, the Constitution itself is a living document that can be amended over time. It has undergone several revisions since its adoption, reflecting the changing needs and aspirations of the Indian people. This adaptability has helped to address some of the initial concerns about its representativeness.

While the Indian Constitution’s creation was marked by limitations in terms of representation, it is important to consider the historical context and the efforts made to ensure a diverse range of perspectives were considered. While the Constitution may not have been a perfect reflection of Indian society at the time, it has served as a foundational document for a democratic nation and has evolved over time to better represent the needs and aspirations of its people. 

9. 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 Constitu- tion today, what provisions would you recommend for remedying this limitation?

Ans: The Constitution of India has some limitations also. It cannot be said that it is a perfect and lawless document. Given the social conditions within which the Constitution was made, it was only natural that there may be many controversial matters, that there would be many areas that needed careful revision. There are many limitations to this Constitution. One of the most important limitations, it appears to have glossed over some important issues of gender justice, particularly within the family. It does not adequately attend to gender justice. There are unequal rights to women regarding family property and children. Certain basic social and economic rights were relegated to the section on Directive Principles rather than made an integral feature of Fundamental Rights. Equal pay for the equal work for both men and women will be secured by the state. It was given in Directive Principles and not in Fundamental Rights.

If I were writing the Constitution today, I would recommend some provisions for the empowerment of women. I would like to make equal pay for equal work for men and women, a fundamental right and consequently delete it from the directives. I would like to clearly enunciate the inheritance of property and make women equal to men. Just like the reservation of seats for disadvantaged sections, I would like to make the provisions for reservation of at least thirty, three percent seats for women in the central and State Legislatures.

10. 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 of Directive Principles?

Ans: The Directive Principles of State Policy prescribe some ideals and policy directives which every government is supposed to follow to realise the goal of an egalitarian society. They are specific expressions of the goals and ideals mentioned in the Preamble to the Constitution Though distinct in nature, these principles are complementary to the fundamental rights in the sense that if the latter aims at the establishment of political democracy, the former tries to realise socio-economic democracy. Until now, the Directive Principles of State Policy have not been implemented effectively due to various reasons. But Fundamental Rights are protected and guaranteed by the Fundamental Law i.e, Constitution of the country. Fundamental Rights are justiciable. This is the reason that in a poor country certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral part of the fundamental rights.

It appears that our country was so poor at the time of the commencement of the Constitution that it was not possible to put much pressure on the State. But these Directive Principles were embodied in the Constitution to give satisfaction to the people. Those principles are according to Article 37 of the Constitution “Fundamental in the governance of the government and it shall be the duty of the State to apply these principles in making laws”. If the government does not show enthusiasm for implementing those principles, it will loose confidence of the people and cannot hope to remain in power.

11. How did your school celebrate Constitution Day on November 26th?

Ans: Speech on Constitution Day:

Good morning, everyone. It’s a great honour to speak about National Constitution Day, a day that commemorates the adoption of our nation’s fundamental document.

While we celebrate Republic Day on January 26th, the anniversary of the Constitution’s implementation, Constitution Day, observed on November 26th, is a chance to reflect on the principles and values that shape our nation.

The Indian Constitution, a product of our collective history, was crafted by a diverse group of representatives. Among them were the visionary Dr. B.R. Ambedkar, the charismatic Jawaharlal Nehru, the legal expert B.N. Rau, and the pragmatic Sardar Vallabhai Patel.

After months of deliberation, the Constituent Assembly adopted the Constitution on November 26, 1949, and it came into force on January 26, 1950. This document serves as the cornerstone of our democracy, guaranteeing justice, equality, liberty, and fraternity to all its citizens.

At our school, we celebrate Constitution Day to honour the legacy of those who shaped our nation. We engage in activities that foster understanding of the Constitution’s principles, such as debates, discussions, and essay writing contests. We also learn about the historical context and the challenges faced by the framers in creating a document that would unite a diverse and complex nation.

By celebrating Constitution Day, we reaffirm our commitment to the values enshrined in our Constitution and strive to uphold them in our daily lives. Let us work together to create a society that is just, equitable, and inclusive for all.