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Notes-The Need For Law and The Constitution

The document discusses the importance of the Constitution in a democratic nation, emphasizing its role in governance, safeguarding rights, and ensuring political stability. It outlines the historical context of the Constitution's creation, the significance of fundamental rights and duties, and key principles such as sovereignty and secularism. Additionally, it highlights the Right to Education and the enforcement of fundamental rights, reflecting global human rights principles.

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0% found this document useful (0 votes)
30 views5 pages

Notes-The Need For Law and The Constitution

The document discusses the importance of the Constitution in a democratic nation, emphasizing its role in governance, safeguarding rights, and ensuring political stability. It outlines the historical context of the Constitution's creation, the significance of fundamental rights and duties, and key principles such as sovereignty and secularism. Additionally, it highlights the Right to Education and the enforcement of fundamental rights, reflecting global human rights principles.

Uploaded by

E-Hamdan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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BRIGHT RIDERS SCHOOL, ABU DHABI

Chapter: The Need for Law and the Constitution


Write short answers:
1. Being a democratic nation, why do we need a Constitution? Give reasons.
Ans: The constitution plays a vital role in a democratic setup. It includes within its
purview principles, provisions, ideals and rules, which are essentially rooted in the
basic principles and pre-requisites of governance on the one hand and interests and
aspirations of diverse communities, which a nation with a pluralistic, multicultural
composition consists of, on the other. It not only provides guidelines for governing
a country, but also safeguards all streams of popular will by treating them on an
equal footing. It ensures political stability, peace and maintenance of the Rule of
Law in a country.
2. Describe in brief how our Constitution came into existence.
Ans: After independence, the leaders of our country felt the need for a constitution,
which was essential to run our country democratically. Thus, to draft a
constitution, a Constituent Assembly was formed. Dr Rajendra Prasad was
appointed as its President. It started working on December 9, 1946. Dr B R
Ambedkar was appointed as the Chairman of the Drafting Committee. The
Constituent Assembly met for 165 days, spread over a period of 2 years 11 months
and 17 days. The Constitution was passed by the Assembly on November 26, 1949
and came into effect on January 26, 1950.
3. Why are the fundamental rights necessary for a democracy?
Ans: Fundamental rights are essential in a democracy because they protect people's
freedom and dignity, ensuring fairness and equality for all. Since democracy gives
power to the people, these rights make sure that no government can take away
basic freedoms like speaking, believing, living, and working freely. In short,
fundamental rights help keep democracy strong by making sure that people are
free, equal, and protected.
4. Why should we follow the fundamental duties?
Ans: We should follow the Fundamental Duties because they remind us of our
responsibilities as citizens and help maintain harmony and discipline in society.
While Fundamental Rights protect our freedoms, Fundamental Duties ensure that
we use those freedoms responsibly and contribute to the nation's well-being. By
respecting the Constitution, helping in national development, protecting public
property, and promoting harmony, we strengthen our democracy and create a
better future for everyone.
Write long answers:
1. What is the significance of our Constitution's Preamble? Discuss the relevance
of the terms— sovereignty and republic—which are important features of our
Preamble.
Ans: The Preamble is the introduction to the Constitution. It outlines the
fundamental aims, objectives, and goals of the Constitution.
*It says India is a sovereign, socialist, secular, and democratic country.
*The Preamble talks about justice, liberty, equality, and fraternity (brotherhood),
which are the key values of our nation.
*It helps the government remember its duty to serve all people fairly and equally.
*It reminds us that people are the real rulers in a democracy, and their rights must
be protected.
*It promotes unity and brotherhood among all Indians, no matter their religion,
language, or region.
*It helps us understand the purpose of the Constitution and the dream the makers
of the Constitution had for India.
*It encourages every citizen to work for justice, equality, and peace in the country.
Sovereignty-The Preamble declares that India is a sovereign country. It means that
India is free from external control, can run its own government and formulate its
own foreign policy. The Constitution of India in itself is a testimony to its
sovereignty.
Republic-The Preamble also states that India is a republic, which means that the
Head of the State, i.e., the President, is elected by the people for a term of five
years and is not a hereditary ruler. In a republic, the ultimate power lies with the
people. The elected representatives are accountable to the electorate and make
decisions on their behalf.
2. Discuss why secularism is an important governing principle of our democracy.
Ans: The word secular clearly indicates that all the people have complete freedom
to follow, preach or practise any religion they want. A secular country does not
establish any religion as the official religion of the country and does not favour
any particular religion. Nor does it discriminate against people on the basis of the
religion they follow. There is no official religion in India. The main purpose
behind the Constitution's aim to make secularism a mandatory governing principle
for Indian democracy is:
* to bring into effect appropriate legislations and legal restraints to prevent one
community from dominating other communities;
* to implement legislations and measures to prevent some members from
dominating others of the same community;
* to exercise self-restraint and caution from giving preferential treatment to any
particular religion.
*To protect the religious freedom of every citizen.
3. Write a short note on the Right to Freedom.
Ans: Freedom is a basic and the most essential human right. It is also the most
vital element of a democracy. The Right to Freedom guarantees six basic liberties
to the Indian citizens as follows:
* Freedom of speech and expression
* Freedom to assemble peacefully and without arms All citizens have the right to
assemble peacefully
* Freedom to form associations and unions
* Freedom to move freely throughout the country
* Freedom to reside and settle in any part of the country
* Freedom to practice any profession or to carry on any occupation, trade or
business
4. Discuss how the Right to Education is guaranteed in India.
Ans: Right to Education is the latest addition in the list of our fundamental rights.
It is a part of the Right to Freedom. The 86th Constitutional Amendment (2002)
inserted Article 2 IA in the constitution. According to this amendment, every child
in India between the age group of 6-14 is entitled to free and compulsory
education. Further, this act required the government to decide how the right to
education was to be implemented by passing a law for the same. Subsequently, the
government passed an Act, in 2009. As per the Act, private educational institutions
need to reserve 25 per cent of their seats for children from weaker sections of the
society. This Right will go a long way in helping us improve the literacy rate
across our country.
Extra questions:

1. Case study-Read the source given below and answer the questions.
The fundamental rights of India are basic human freedoms, which ensure the proper
development of one's personality and for living peacefully in society. These rights
apply universally to all citizens, irrespective of race, place of birth, religion, caste,
creed, colour or gender. These rights are also enforceable by the court of law. The
essence of the fundamental rights is based on the Universal Declaration of Human
Rights, which was adopted by the United Nations General Assembly on December
10, 1948.

a. How can a citizen respond if their fundamental rights are violated?


Ans: A citizen can approach the court of law, as fundamental rights are
enforceable by the judiciary.

b. Why are fundamental rights considered important for peaceful living in


society?
Ans: They ensure equality and freedom for all, which helps individuals live with
dignity and harmony in society.

c. How does the Indian Constitution reflect global human rights principles?
Ans: It incorporates the essence of the Universal Declaration of Human Rights
adopted by the UN in 1948.

2. Define Separation of power and Federalism.

Ans: Separation of Power- 1. In order to prevent the misuse of power by the


elected representative the constitution advocate Separation of powers.
2. 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.

Federalism-Federalism means having more than one level of government in a


country. India follows a three-tier system of governance, which includes the
National (Central) government, State governments, and Local governments

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