NIOS Class 12 Introduction to Law Chapter 17 The Constitution of India – its Nature

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NIOS Class 12 Introduction to Law Chapter 17 The Constitution of India – its Nature

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The Constitution of India – its Nature

Chapter: 17

Module – 5 The Constitution of India – I

INTEXT QUESTIONS 17.1 

1. What is meant by a Welfare State? 

Ans: A Welfare State can be described a State which does maximum good of the maximum people.

2. Mention any two characteristics of the Indian State.

Ans: (i) Democratic Republic State. 

(ii) Secular State. 

INTEXT QUESTIONS 17.2 

Fill in the blanks: 

1. The chairman of the Drafting Committee was ____________ (Pt. Jawaharlal Nehru/Dr. Rajendra Prasad/Dr. Ambedkar) 

Ans: Dr. B. R. Ambedkar.

2. The chairman of the Constituent Assembly was ____________  (Dr. Rajendra Prasad/Dr. B. R. Ambedkar)

Ans: Dr. Rajendra Prasad.

INTEXT QUESTIONS 17.3 

1. “The Objective Resolution was moved by Pt. Jawaharlal Nehru on 17th Dec. 1946.” (True/False) 

Ans: True.

2. “Maintaining the Integrity and Unity of the country was one of the main objective of the framers of the Indian Constitution.” (True/False)

Ans: True.

INTEXT QUESTIONS 17.4 

Fill in the Blanks:

(a) The Preamble contains the __________ of the Constitution. (characteristics/objectives) 

Ans: Objectives.

(b) The Preamble of the Constitution described India ___________ (Unitary State, Sovereign, Socialist, Secular, Democratic State) 

Ans: Sovereign, Socialist, Secular, Democratic, Republic.

(c) The word ‘Socialist’ and Secular were added in the Preamble by ___________ Constitutional Amendment. (42nd/46th)

Ans: 42nd Constitutional Amendment.

INTEXT QUESTIONS 17.5 AND 17.6 

1. Mention any four characteristics of the Indian Constitution. 

Ans: (a) Written Constitution. 

(b) Partly rigid and partly flexible.

(c) Supremacy of the Constitution.

(d) Supremacy and independence of judiciary.

2. How many Articles are there in the Constitution of India? 

Ans: 395.

3. State any two federal features of the Constitution of India.

Ans: (i) Division of Powers.  

(ii) Written Constitution.

INTEXT QUESTIONS 17.7 

1. State any two unitary features of the Indian Constitution. 

Ans: (i) Single unified and integrated system of judiciary. 

(ii) Single Constitution for the Union and the States.

2. “The Indian Constitution is federal in nature with unitary bias” Is this statement True or False?

Ans: True.

INTEXT QUESTIONS 17.8 

1. “India is neither purely federal nor purely unitary, but is a combination of both” (True/False). 

Ans: True.

2. “India can be correctly be described as Quasi– Federation with many elements of unitarity.” (True/False)

Ans: True.

TERMINAL EXERCISES

1. What is the importance of the Preamble to the Constitution? 

Ans: The Preamble is the opening statement of the Constitution. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and sets out the goals of justice, liberty, equality, and fraternity. It reflects the vision of the Constituent Assembly and the spirit of the Constitution.

Importance of the Preamble:

(i) Source of Authority: It makes it clear that the power of the Constitution comes from the people of India, not from any external authority. This reinforces the principle of popular sovereignty — that the government derives its power from the consent of the governed.

(ii) Reflection of Ideals and Objectives: The Preamble outlines the philosophy and objectives of the Constitution:

• Justice (social, economic, and political).

• Liberty (of thought, expression, belief, faith, and worship).

• Equality (of status and opportunity).

• Fraternity (assuring dignity and unity of the nation).

(iii) Guiding Principle for Interpretation: The Supreme Court has often referred to the Preamble while interpreting the provisions of the Constitution. It serves as a key to the minds of the framers and helps in understanding the true spirit of the document.

(iv) Declaration of the Nature of the State: The Preamble declares the nature of the Indian State — that India is a Sovereign, Socialist, Secular, Democratic, and Republic — ensuring freedom, equality, and fraternity among all citizens.

(v) Source of Inspiration: It acts as a moral compass for citizens and leaders alike, inspiring them to uphold constitutional values and work toward the goals of justice and equality.

2. What are the essential characteristics of a Federal State?

Ans: Essential Characteristics of a Federal State:

(i) Division of Powers: In a federal system, powers are clearly divided between the Central Government and the State Governments. Each level functions within its own sphere of authority.

(ii) Written Constitution: A federal state has a written Constitution which clearly defines the powers, duties, and relations between the two levels of government.

(iii) Supremacy of the Constitution: The Constitution is the supreme law of the land, and both the Union and State governments must act according to its provisions.

(iv) Rigidity of the Constitution: The Constitution is generally rigid, meaning amendments require the participation and consent of both the central and state governments.

(v) Independent Judiciary: An independent judiciary, especially the Supreme Court, safeguards the Constitution and resolves disputes between the Union and the States.

(vi) Dual Government: There are two levels of government — one at the national level and the other at the state level each functioning independently in its jurisdiction.

(vii) Bicameral Legislature: A bicameral legislature ensures representation of both the people and the states. The Upper House (like the Rajya Sabha in India) represents the states.

(viii) Financial Independence: Both levels of government enjoy financial autonomy, with separate sources of revenue and clearly defined financial powers under the Constitution.

3. Explain the meaning and relevance of secularism in Indian Context. 

Ans: Secularism means that the State has no official religion and treats all religions equally. It implies that the government does not favour or discriminate against any religion and ensures freedom of conscience and faith to every individual. In the Indian context, secularism does not mean the absence of religion but rather equal respect for all religions. It ensures that the State maintains an equal distance from all religious groups while protecting their rights.

Relevance in India: India is a multi-religious and multi-cultural nation where people of various faiths Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and others live together. Secularism is, therefore, essential to maintain unity in diversity. It promotes religious tolerance, harmony, and social justice, preventing domination or discrimination by any one religious group.

The Constitution of India upholds secularism through various provisions such as:

• Article 14: Equality before law.

• Articles 25–28: Freedom of religion.

• Article 15: Prohibition of discrimination on religious grounds.

The word “Secular” was formally added to the Preamble by the 42nd Amendment Act, 1976, reaffirming India’s commitment to religious equality and freedom.

4. Explain the significance of ‘Supremacy of the Constitution’. 

Ans: Significance of a Federal State:

(i) Ensures Distribution of Power: Federalism prevents the concentration of power in one authority by distributing it between the Central and State Governments, thus promoting balanced governance.

(ii) Promotes National Unity with Regional Autonomy: It allows different regions, languages, and cultures to coexist peacefully within one nation, strengthening national integration while respecting regional diversity.

(iii) Prevents Tyranny and Misuse of Power: By dividing powers constitutionally, it checks authoritarian rule and prevents the dominance of one level of government over the other.

(iv) Encourages Local Self-Government: States can frame laws and policies suited to their local needs, promoting grassroots democracy and efficient administration.

(v) Promotes Political Participation: Federalism encourages citizens to engage in politics at both state and national levels, strengthening democratic participation and accountability.

(vi) Facilitates Better Governance: Division of responsibilities between central and state levels ensures that administration becomes more effective, responsive, and closer to the people.

(vii) Encourages Experimentation and Innovation: States can act as “laboratories of democracy”, trying new social and economic policies which, if successful, can be adopted at the national level.

(viii) Maintains Constitutional Balance: A federal system maintains a balance between unity and diversity, ensuring harmony between the interests of the nation and the states.

5. Explain briefly ‘India as a Federal State’. 

Ans: India is a federal parliamentary democracy. The parliament is bicameral, with the House of the States acting as the upper house, and the House of the People as the lower house. Jurisdictional disputes between the central government and the states are handled by the Inter-State Council.

India is described as a “Union of States” under Article 1 of the Constitution, which means it follows the spirit of federalism while maintaining national unity.

The Indian Constitution contains several federal features, such as:

(i) Division of Powers: Powers are distributed between the Union and the States through three lists — the Union List, State List, and Concurrent List (Seventh Schedule).

(ii) Written Constitution: India has a written Constitution that clearly defines the structure, powers, and relations between both levels of government.

(iii) Supremacy of the Constitution: The Constitution is the supreme law of the land, and both central and state governments must act according to it.

(iv) Independent Judiciary: The Supreme Court acts as the guardian of the Constitution and settles disputes between the Union and the States.

(v) Bicameral Legislature: The Rajya Sabha represents the States at the national level, ensuring their participation in the law-making process.

6. Write short notes on: 

(a) Supremacy and Independence of Judiciary. 

Ans: The Supremacy and Independence of the Judiciary means that the judiciary is free from the control of the executive and legislature. Judges can perform their duties without fear, favour, or political pressure. An independent judiciary ensures the rule of law, protects the Fundamental Rights of citizens, and interprets the Constitution fairly. The Supreme Court is the guardian of the Constitution and has the power of Judicial Review to declare unconstitutional laws or actions invalid. This independence helps maintain justice, democracy, and the separation of powers in India.

(b) India as a Welfare State.

Ans: A Welfare State is one in which the government plays an active role in promoting the economic and social well-being of its citizens. It aims to ensure justice, equality, and dignity for all, especially the weaker and disadvantaged sections of society.

India is a Welfare State as declared in the Preamble and reflected in the Directive Principles of State Policy (Part IV) of the Constitution. The government works to reduce poverty, provide education, healthcare, employment, and social security, and protect the interests of weaker sections. Through welfare schemes such as MGNREGA, Ayushman Bharat, and PM-Kisan, India strives to achieve a just and equitable society. Thus, the Indian Constitution is based on the ideals of a true welfare state.

(c) Role of the Constituent Assembly.

Ans: The Constituent Assembly of India played a vital role in framing the Constitution of independent India. It was formed in December 1946 and represented the sovereign will of the people.

Role of the Constituent Assembly:

(i) The Constituent Assembly was established in December 1946 to frame the Constitution of India.

(ii) It represented the will of the people and included members from all regions and communities.

(iii) The Assembly held 11 sessions over 165 days between 1946 and 1949.

(iv) It appointed several committees, including the Drafting Committee under Dr. B. R. Ambedkar, to prepare the draft Constitution.

(v) The Assembly debated and finalized key provisions like Fundamental Rights, Directive Principles, and the Preamble.

(vi) Dr. Rajendra Prasad was elected as the President, and Jawaharlal Nehru played a leading role in shaping its vision.

(vii) The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.

(viii) The Constituent Assembly laid the foundation of democratic governance, ensuring justice, equality, liberty, and fraternity for all citizens.