The Indian Constitution
The Indian Constitution
Answer: In Nepal, the Interim Constitution came into effect from January 15,
2007.
4. What is a “State”?
Answer: A secular state is one in which the state does not officially promote
any one religion as the state religion.
7. What is democracy?
Answer: Universal Adult Franchise means that the right to vote should be
given to all adult citizens without the discrimination of caste, class, colour,
religion or gender.
9. How does the Indian Constitution safe guard the minorities of the
country?
Or
How does the Indian Constitution protect minority rights?
Answer: The Constitution usually contains rules that ensure that minorities
are not excluded from anything that is routinely available to the majority.
Answer: Cultural and Educational Rights – The Constitution states that all
minorities, religious or linguistic, can set up their own educational institutions
in order to preserve and develop their own culture.
Answer: He stated that although the laws might exist, Scheduled Castes still
had reason to fear because the administration of these laws was in the hands
of ‘caste Hindu officers’. He, therefore, urged Scheduled Castes to join the
government as well as the civil services.
5. What do you mean by Directive Principles of State Policy?
Federalism
Parliamentary Form of Government
Separation of Powers
Fundamental Rights
Secularism
2. State the six Fundamentals Rights in the Indian Constitution.
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
3. What do you mean by tyranny of majority?
5. What are the functions of the three main organs of the government?
Or
What are the three organs of government?
Or
Explain the functions of organs of government.
Answer: The country was made up of several different communities who spoke
different languages, belonged to different religions, and had distinct cultures.
Also, when the Constitution was being written, India was going through
considerable turmoil. The partition of the country into India and Pakistan was
imminent, some of the Princely States remained undecided about their future,
and the socio-economic condition of the vast mass of people appeared dismal.
All of these issues played on the minds of the members of the Constituent
Assembly as they drafted the Constitution.
First, it lays out certain ideals that form the basis of the kind of country that
we as citizens aspire to live in.
The second important purpose of a Constitution is to define the nature of a
country’s political system.
The third significant reason why we need a Constitution is to save us from
ourselves. What is meant by this is that we might at times feel strongly
about an issue that might go against our larger interests and the
Constitution helps us guard against this.
8. Explain Right to Equality.
Or
What is the significance of the Right to Equality?
Or
What is the fundamental Right to Equality?
Or
What are the main features of ‘Right to equality’?
All persons are equal before the law. This means that all persons shall be
equally protected by the laws of the country.
It also states that no citizen can be discriminated against on the basis of
their religion, caste or sex.
Every person has access to all public places including playgrounds, hotels,
shops etc.
The State cannot discriminate against anyone in matters of employment.
8. How was the Indian Constitution made?
Or
How constitution of India is formed?
Answer: The long experience of authoritarian rule under the colonial state
convinced Indians that free India should be a democracy in which everyone
should be treated equally and be allowed to participate in government. What
remained to be done then was to work out the ways in which a democratic
government would be set up in India and the rules that would determine its
functioning. This was done not by one person but by a group of around 300
people who became members of the Constituent Assembly in 1946 and who
met periodically for the next three years to write India’s Constitution. Between
December 1946 and November 1949, the Constituent Assembly drafted a
constitution for independent India.
A Constitution helps serve as a set of rules and principles that all persons in
a country can agree upon as the basis of the way in which they want the
country to be governed.
The Constitution often lays down rules that guard against this misuse of
authority by our political leaders.
Constitution ensures that a dominant group does not use its power against
other, less powerful people or groups.
The Constitution helps to protect us against certain decisions that we might
take that could have an adverse effect on the larger principles that the
country believes in.
10. Write a brief note on the struggle for freedom in Nepal.
Answer: The country of Nepal has witnessed several people’s struggles for
democracy. There was a people’s struggle in 1990 that established democracy
that lasted for 12 years until 2002. In October 2002, King Gyanendra, citing
the Maoist uprising in the countryside as his reason, began taking over
different aspects of the government with the army’s assistance. The King then
finally took over as the head of government in February 2005. In November
2005, the Maoists joined other political parties to sign a 12-point agreement.
This agreement signalled to the larger public an imminent return to democracy
and peace. In 2006, this people’s movement for democracy began gaining
immense force. It repeatedly refused the small concessions that the King made
and finally in April 2006 the King restored the Third Parliament and asked the
political parties to form a government. In 2007, Nepal adopted an interim
Constitution.
11. In each of the following situations, identify the minority. Write one
reason why you think it is important to respect the views of the minority
in each of these situations.
(a) In a school with 30 teachers, 20 of them are male.
(b) In a city, 5 per cent of the population are Buddhists.
(c) In a factory mess for all employees, 80 per cent are vegetarians.
(d) In a class of 50 students, 40 belong to more well-off families.
Answer: (a) Female teachers are in the minority – It is important to respect the
views of the minority so that they do not feel left out or underpowered by
majority.
(b) Buddhists are in the minority – It is important to respect the views of the
minority because every individual has the right to follow the religion of his
choice.
(c) Non – vegetarians are in the minority – It is important to respect the views
of the minority because the food a person eats is his personal wish and so he
should have the freedom to eat what he wants.
(d) The under privileged are in minority – It is important to respect the views of
the minority because citizens cannot be discriminated on the bases rich or
poor.
12. Look at the wordings of the two documents given below. The first
column is from the 1990 Nepal Constitution. The second column is from
the more recent Interim Constitution of Nepal.
Article 35: Executive Power: The executive power Article 37: Executive Power: The
of the Kingdom of Nepal shall be vested in His executive power of Nepal shall be
Majesty and the Council of Ministers. vested in the Council of Ministers.
Answer:
Federalism
Separation of Powers
Fundamental Rights
Parliamentary Form of Government
Answer: Federalism
This refers to the existence of more than one level of government in the
country. In India, we have governments at the state level and at the centre.
Panchayati Raj is the third tier of government.
Under federalism, the states are not merely agents of the federal government
but draw their authority from the Constitution as well.
All persons in India are governed by laws and policies made by each of these
levels of government.
Separation of Powers
Answer
The key features of the Indian Constitution are given below:
• Federalism: Our Constitution has provided for a federal form of
government. This means that we have government at the state level and
at the centre. Panchayati Raj is the third tier of government.
• Parliamentary form of Government: The different tiers of government
consists of representatives who are elected by the people. The
Constitution of India guarantees universal adult franchise for all citizens.
This means that people of India have a direct role in electing their
representatives. At the same time, every citizen of the country,
irrespective of his/ her social background, can also contest in elections.
These representatives are accountable to the people.
• Separation of Powers: There are three organs of the state— the
legislature, the executive and the judiciary. In order to prevent the
misuse of power by any one branch of the state, the Constitution says
that each of these organs should exercise different powers. In this way,
each organ acts as a check on the other organs of the state and this
establishes a balance of power between the three.
• Fundamental Rights: Fundamental Rights are called the conscience of
the Indian Constitution. These Rights protect against the absolute
exercise of power by the state. The Constitution thus guarantees the
rights of individuals against the state as well as against other individuals.
• Secularism: It is an important feature of our Constitution. A secular
state is one in which the state does not officially promote any one religion
as the state religion.
12) Answer the following questions – Which Fundamental Rights will the
following situationsviolate:
– If a 13-year-old child is working in a factory manufacturing carpet.
Ans – Right against exploitation
– If a politician in one state decides to not allow labourersfrom other states
to work in his state.
Ans – Right to freedom
– If a group of people are not given permission to open aTelugu-medium
school in Kerala.
Ans – Cultural and Educational Right
– If the government decides not to promote an officer of thearmed forces for
being a woman.
Ans – Right to equality
13) Write all the fundamental duties mentioned in the constitution.
Ans – The constitution has 11 fundamental duties, which were originally not part
of the constitution but later added to it through amendment. The 11 fundamental
duties are –
I.) To oblige with the Indian Constitution and respect the National Anthem and
Flag
II.) To cherish and follow the noble ideas that inspired the national struggle for
freedom
III) To protect the integrity, sovereignty, and unity of India
IV.) To defend the country and perform national services if and when the country
requires
V.) To promote the spirit of harmony and brotherhood amongst all the people of
India and renounce any practices that are derogatory to women
VI.) To cherish and preserve the rich national heritage of our composite culture
VII.) To protect and improve the natural environment including lakes, wildlife,
rivers, forests, etc.
VIII.) To develop scientific temper, humanism, and spirit of inquiry
IX.) To safeguard all public property
X.) To strive towards excellence in all genres of individual and collective activities
XI.) To provide opportunities for education to children between 6-14 years of age,
and duty as parents to ensure that such opportunities are being awarded to their
child.
Question 1.
Why does a democratic country need a Constitution?
Solution:
A democratic country needs a constitution because
In a democracy people choose their representatives and the leaders might misuse
their powers. Constitution provides safeguards against this.
In a democracy, the constitution ensures that the dominant group does not use
power against less powerful groups.
The constitution guarantees fundamental rights to the citizens for their social,
economic, and political welfare.
Question 2.
What is the difference in who exercises Executive Power in the 1990 and Interim
Constitutions of Nepal? Keeping this in mind, why do you think Nepal needs a new
Constitution today?
Solution:
In the 1990 Nepal constitution, the Executive powers of the Kingdom were entirely in the
hands of the King. According to the Interim constitution drafted in 2007, the executive
powers of Nepal are in the hands of the council of ministers headed by the Prime
Minister.
There was a dire need for a new constitution as the ideals of the people had changed as
the country had moved from a monarchy to a democracy. The old constitution was
drafted when the country was under the rule of the king. The people of Nepal fought for
a democratic government for many years. So the old constitution does not reflect the
ideals of the people. The new constitution will change the rules of the old constitution in
order to bring in a new society with new ideas.
Question 3.
What would happen if there were no restrictions on the power of elected representatives?
Solution:
If there were no restrictions on the power of elected representatives then:
Question 4
In each of the following situations, identify the minority. Write one reason why you think
it is important to respect the views of the minority in each of these situations.
(a) In a school with 30 teachers, 20 of them are male.
(b) In a city, 5 percent of the population are Buddhists.
(c) In a factory mess for all employees, 80 percent are vegetarians.
(d) In a class of 50 students, 40 belong to more well-off families.
Solution:
(a) 10 female teachers are in minority.
It is important to respect the views of female teachers so that male teachers do not use
their power against them.
(d) 10 students belong to poor families and are in minority. Scholarships, special
classes, and other welfare schemes like book bank, free supply of books, stationary and
free uniform are to be planned to keep in view their requirements.
Question 5
Listed below are the key features of the Indian Constitution. Write two sentences, in
your own words, on why you think this feature is an important key feature of
1. Federalism
2. Separation of Powers
3. Fundamental Rights
4. Parliamentary Form of Government
Solution:
1. Federalism:
means more than one level of government in the country. India has a 3 tier
government. India needs a 3 tier government because of the diverse religious and
cultural composition of its citizens. A government in the centre alone could not be
effective for everyone.
2. Separation of Powers:
In order to prevent the misuse of power by the elected representative the
constitution advocate Separation of powers. Each branch of the government has its
powers fixed by the Constitution. The Constitution ensures that a balance of power
is maintained between the Legislature Executive and the Judiciary.
3. Fundamental Rights:
Fundamental Rights guarantees the rights of individuals against the State as well
as against other individuals. It protects minority communities and guarantees
rights against the majority.
4. Parliamentary Form of Government:
In a Parliamentary form of government, the constitution guarantees universal adult
franchise for all citizens. That is, all adults have a right to vote, irrespective of
whether they are poor or rich, educated or uneducated, a Hindu, Muslim or a
Christian. The idea of a universal adult franchise is based on equality.