constitution why and how

CHAPTER-1

‘’ CONSTITUTION: WHY AND HOW? ‘’

GIST FOR THE CHAPTER

⚫ The Constitution is a fundamental legal document that outlines the framework of a government. It

establishes the structure, procedures, powers, and duties of government institutions

⚫ Rule of Law: Ensures that laws apply equally to all individuals. Protection of Rights: Safeguards the rights

and liberties of citizens. Unity and Integrity: Promotes national unity and integrity in a diverse society.

⚫ The constitution specifies the basic allocation of power within society, determining who has the

authority to make decisions regarding laws and policies. Outlines the process of decision-making, such

as direct voting or elected representatives.

⚫ The constitution establishes limits on the actions that government can take against its citizens,

government cannot violate, like protection against unfair arrests and guarantees of freedoms such as

speech and association.

⚫ The constitution provides a framework for the government to pursue positive goals and aspirations of

society and provisions for positive welfare measures, giving governments the power to implement these

actions to uplift all citizens.

⚫ Constitution expresses the fundamental identity of a people by setting norms and principles that that

form their basic political identity.

⚫ India’s Constitution was crafted by a Constituent Assembly between December 1946 and November

1949, influenced by the nationalist movement.

⚫ The Indian Constitution divides power among the Legislature, Executive, Judiciary, and bodies like the

Election Commission, ensuring checks and balances.

⚫ A successful constitution balances core values with the ability to adapt to change, avoiding extremes of

being too rigid or too flexible.

⚫ Constitution of India was created by a Constituent Assembly elected for undivided India, and was

guided by the British Cabinet Mission (1946)

⚫ This resulted in 292 members from the provinces and a minimum of 93 seats for princely states.

⚫ After the Partition on June 3, 1947, members elected from territories that became Pakistan were

removed from the Constituent Assembly, reducing its number to 299.

⚫ Constituent Assembly was formed in 1946 to draft the Constitution

⚫ The Constitution was adopted on November 26, 1949, with 284 members signing it on January 24,

1950. It officially came into force on January 26, 1950.

⚫ Although the Constituent Assembly was not elected by universal suffrage, efforts were made to ensure

it was representative, with members from all religions and twenty-eight members from the Scheduled

Castes.

⚫ Constituent Assembly had eight major committees chaired by figures like Jawaharlal Nehru, Rajendra

Prasad, Sardar Patel, and B.R. Ambedkar. Despite their differences—Ambedkar's criticism of the

Congress and Gandhi, and Patel and Nehru's disagreements—they worked together effectively.

⚫ Objective Resolution of 1946, moved by Jawaharlal Nehru, best summarizes the principles brought to

the Assembly.

⚫ The Constitution institutionalized fundamental commitments such as equality, liberty, democracy,

sovereignty, and a cosmopolitan identity.

⚫ Constituent Assembly carefully balanced the roles of the executive, legislature, and judiciary, leading to

the adoption of a parliamentary system and a federal structure.

⚫ This setup distributes powers between the States and the central government, as well as between the

legislature and the executive.

⚫ The assembly comprised elected representatives and was tasked with framing a constituion that

reflected the aspirations of the people.

Short Type Questions

➢ Discuss the objectives of our Constitution as embodied in the Preamble.

Ans: Following are the objectives of our Constitution given in the Preamble:

(a) Justice, social, political and economic, (b) Liberty of thought, expression, belief, faith and worship; (c)

Equality of Status and of opportunity; and to promote among them all (d) Fraternity assuring the dignity of

the individual and the unity and integrity of the nation.

➢ Write down the different forms of liberty mentioned in the Preamble of the Constitution.

Ans: The aim of the Preamble is to provide liberty to the people and Preamble mentioned the various types

of liberties, such as:

(a) Liberty of Thought. Liberty of thought is given to all citizens of India.

(b) Liberty of Expression. Citizens are guaranteed the liberty of expression.

(d) Liberty of Worship.

➢ The Constitution guarantees liberty of worship. Mention the kinds of Justice included in the Preamble of

the Constitution.

Ans: In the Preamble the idea of achieving Social, Economic and Political Justice for all has been mentioned.

➢ Discuss the circumstances which led to the formation of the Constituent Assembly.

Ans: Our Constitution was drafted by a Constituent Assembly composed of Indian people. Mahatma Gandhi

mooted the idea of Constituent Assembly in 1922 and the Indian National Congress put the demand in a

concrete form in 1935. But this demand of Congress party remained unfulfilled for a number of years. It was

incorporated in the Cripps Proposals of 1942 that after the end of the war, a Constitution-making body

would be set up to frame a new Constitution. However, for various reasons the Cripps Proposals did not

meet the approval of the Indian people. The Cabinet Mission Plan, 1946 proposed the Constitution of an

Assembly to frame the Constitution. The elections to the Constituent Assembly were held in 1946 according

to the Cabinet Mission Plan. Its first meeting was held on 9th December, 1946.

➢ Explain the composition of the Constituent Assembly.

Ans: The Constituent Assembly consisted of 389 members: 296 from the British-Indian provinces and 93

from the Indian states. Out of 296, 4 members were taken from the Chief Commissioners’ Provinces. The

first meeting of Constituent Assembly was presided over by an experienced and old member Dr.

Sachidanand Sinha in which 210 members participated.

➢ Write a short note on the Constituent Assembly of India.

Ans: The Cabinet Mission, 1946 recommended the setting up of Constituent Assembly. The Constituent

Assembly was to consist of 389 members: 296 from the British provinces and 93 from the Indian states. The

elections to the Constituent Assembly were held in July, 1946. The results of the elections created a sense of

frustration in the league. The Constituent Assembly constituted of 299 members after the withdrawal of the

Muslim League. The first session of the Constituent Assembly was held on December 9, 1946. The

Constituent Assembly adopted the National Flag on 22nd July, 1947. On August 29, 1947 a Drafting

Committee under the Chairmanship of Dr. B. R. Ambedkar was appointed. After doing much labour, the

Draft Constitution was published in January, 1948. The members of the Constituent Assembly were given full

eight months to consider the draft of the Constitution. At last on November 26, 1949, the Constituent

Assembly adopted the new Constitution of India. The new Constitution came into effect on January 26,

1950.

➢ Mention four sources of Indian Constitution.

Ans: (a) Amendment is the main source of Indian Constitution.

(b) Acts of Parliament is another source of Indian Constitution.

Government of India Act, 1935.

(d) Constitutional provisions of other countries like France, Britain, USA and Ireland were the important

source of other constitution.

➢ What are the functions of constitutions?

Ans: All the democratic countries of the world have Constitutions. We need a Constitution due to the

following reasons:

(a) Constitution is needed to provide basic rules which assure coordination amongst members of a society.

(b) Constitution is needed to provide fundamental principles and rules on the basis of which government

should be run.

(d) Constitution puts limitations on the three organs of the government so that no organ should become

absolute and arbitrary.

➢ “Indian constitution is neither too flexible and nor too rigid” Justify.

Ans: Indian constitution is world's largest written constitution. And in general, changing a written

constitution is very difficult. But Indian Constitution is both rigid and flexible, because the procedure of

amendment is neither easy nor difficult. The Constitution has provided a federal structure for India. A

special majority of the Union Parliament, i.e., a majority of not less than two-thirds vote is required to

amend the Constitution.

➢ Bring out the Significance of the Terms “Sovereign, Democratic Republic” As Mentioned In The

Preamble.

Ans: India is a sovereign state. It means the state in India is the supreme authority over all men and all

associations within the country and is absolutely free from any outside control. India is democratic. It means

that in India all governments are formed on the basis of popular support. India is republic. It means all

offices of the state from the highest to the lowest are held on the basis of merit and no office of the state is

held on the basis of hereditary right.

Long Type Questions

➢ Examine the significance of the preamble to the Indian Constitution.

Ans: Preamble of Indian Constitution has a special significances as follows:-

(a) The preamble expressed clearly that people are the ultimate source of authority.

(b) The preamble emphasized the fact that India is a sovereign, socialist, democratic republic.

(d) The preamble is the mirror of the constitution and is a jewel set in the constitution.

(e) It enables the people to assess and evaluate the performance of the government in the light of the

objectives laid down in the constitution.

➢ Why the Indian Constitution was enforced on 26th January, 1950?

Ans: On December, 31, 1929 the congress passed a resolution of complete independence at the Lahore

session and decided to celebrate every 26th January as Independence Day. On January 26, 1930 our flag was

hoisted on the bank of the river Ravi and this trend continued of celebrating Independence Day on 26

January until we got it on 15 August 1947. To remember the day, the entire struggle, the makers of Indian

constitution had chosen 26 January, 1950 to enforce the constitution even when it was ready on 26 of

November 1949.

➢ ‘The Constitution of India is a bag of borrowing.’ Discuss.

Ans: The Indian Constitution is generally described as a ‘borrowed Constitution’, a ‘patch work’, a ‘paste and

scissors affair’ because Indian Constitution has drawn extensively from the major Constitutions of the world.

The framers of the Constitution were interested in making a fine and workable Constitution which should

work efficiently and should prove to be a living means for the development of India. Prof. M. P. Sharma has

very rightly said that, “It was not the purpose of our Constitution makers to produce an original or unique

Constitution. What they wanted was a good and workable one.” The framers of the Indian Constitution have

drawn freely from the British Constitution. This is perhaps due to long association with Great Britain.

(A) The following are the gifts of the British Constitution to our new Constitution.

1. The Indian President is a Constitutional head like the British Queen.

2. Like the British House of Commons, the Indian Lok Sabha is more powerful than the Second Chamber,

i.e., Rajya Sabha.

3. Like the British, Cabinet is responsible to the Parliament.

4. Like England, India had adopted a Parliamentary form of Government. (v) Rule of law has also been

taken from England.

(B) The framers of the Indian Constitution have drawn the following from the American Constitution:

1. The Preamble of the Indian Constitution is akin to the Preamble of the American Constitution.

2. According to T.K. Tope, the Vice-President of India is like the Vice-President of the U.S.A. Fundamental

Rights of Indian Constitution resemble to the Bill of Rights of the U.S.A.

3. Like American Judiciary, Indian Judiciary is independent.

4. The nature and functions of the Supreme Court are like those of the American Supreme Court.

1. Directive Principles of State Policy.

2. Some members of the Rajya Sabha are nominated.

(D) Influence of the Canadian Constitution:

1. In Indian Constitution, like the Canadian Constitution, residuary powers are given to the Centre.

2. Like the Canadian Constitution, strong centre is provided in the Indian Constitution.

3. The name Union of India for the Indian Republic has got its source in the Canadian Constitution. But

borrowing these ideas was not slavish imitation. Far from it, each provision of the constitution had to be

defended on grounds that it was suited to Indian problems and aspirations.

➢ Describe in brief the salient features of Indian Constitution.

Ans: The following are the salient features of the Constitution:

1. Written and Detailed Constitution. The Indian Constitution is a written Constitution. It is seven times

as big as that of the Fourth Republic of France. The Constitution consists of 448 Articles, 22 parts, 12

Schedules and 5 appendices. They also constitute the part and parcel of the Constitution.

2. Creation of a Sovereign Democratic Republic. By the 42nd Amendment, Preamble of the Constitution

was amended. For the words ‘Sovereign Democratic Republic’, the words ‘Sovereign, Socialist, Secular

Democratic Republic’ were substituted. And for words ‘Unity of the Nation’, the words ‘Unity and

Integrity of the Nation’, were substituted.

3. People’s Own Constitution. The Indian Constitution has been framed by the Constituent Assembly

formed by the people of India. The Constitution has not been imposed upon us. It originates from the

people of India and is promulgated in the name of the people.

4. Secular State. The Constitution of India establishes Secular State. By 42nd Amendment, the word

‘Secularism’ is included in the Preamble of the Constitution.

5. Flexible and Rigid Constitution. The Indian Constitution is rigid as well as flexible. Some of the Articles

of the Constitution can be amended by a simple majority of the Parliament, for example, changing the

names of the States, altering the boundaries of the State, matters relating to citizenship, etc. Some of

the Articles of the Constitution can be amended by at least 2/3rd majority of the members of

Parliament with ratification by the legislatures of at least one- half of the States.

6. Federation with a Unitary Bias. Though the word ‘Federation’ has not been used in any of the Articles

of the Constitution, yet the Constitution establishes in form federation in India. According to Art. 1 of

the Constitution, “India shall be a Union of States.” The Indian Constitution possesses all the necessary

characteristics of a federation, powers between the Centre and the States have been divided by the

Constitution.

7. Parliamentary form of Government. The Indian Constitution establishes a parliamentary form of

Government in India as per article 79.

8. Fundamental Rights. Part III of the Indian Constitution deals with the fundamental rights of the people.

Such as:- Right to Equality. Right to Freedom. Right to Religion. Cultural and Educational Rights. Right

against Exploitation. Right to Constitutional Remedies. Under the bill of Rights, all the citizens have been

given equal rights.

9. Fundamental Duties. By 42nd Amendment after Part IV of the Constitution, Part IV A is inserted in the

Constitution. For the first time a set of 10 Fundamental Duties of Citizens have been enumerated.

10. Independent Judiciary. An independent judiciary is essential not only for the protection of the

fundamental rights of the people, but is equally essential in a Federal Government.

➢ Discuss the main sources of the Indian Constitution.

Ans: The new Constitution of India, though ready by November 26, 1949, came into operation on January

26, 1950. The following are the main sources of Indian Constitution:

(a) Government of India Act, 1935. The new Constitution derives a lot from the Government of India Act of

1935. Both in language and substances remarks Prof. Srinivasan, “It is a close copy of the Act 1935 .... Almost

two-third of the Constitution owes its origin to this Act with modifications in the context of the new

conditions attainable in the country.” Many Articles of the new Constitution have been borrowed from the

Government of India Act, 1935. As many as 250 Articles, word for word or with a little modification, from

the Act of 1935 have been inducted into the new Constitution. Some of the Articles of the Constitution

clearly lay down that till the Parliament enacts a new law, the old rules under the Act of 1935 will continue

in force.

(b) Other Constitutions. The Indian Constitution has drawn extensively from the major constitutions of the

world. The framers of the Indian Constitution have drawn freely many good things from the Constitutions of

England, America, Australia, Canada, Germany, South Africa and Ireland.

Very Short Type Questions

➢ Who moved the ‘Objective Resolution’ in the Constituent Assembly?

Ans: Pt. Jawaharlal Nehru moved the ‘Objective Resolution’ in the Constituent Assembly.

➢ What are the different forms of justice mentioned in the Preamble to the Constitution of India?

Ans: There are three forms of justice mentioned in the Preamble to the Constitution. These are:

(a) Social justice, (b) Economic justice, (c) Political justice.

➢ What is the nature of state according to the Preamble?

Ans: The nature of the state according to the Preamble is Sovereign, Democratic, Secular, Socialist and

Republic.

➢ What are the fundamental commitments of the Indian Constitution?

Ans: The fundamental commitments of the Indian Constitution include equality, liberty, democracy,

sovereignty, and a cosmopolitan identity.

➢ Why the Indian Constitution is often referred to as a "Living Document"?

Ans: The Indian Constitution is referred to as a "Living Document" because it is flexible and can be amended

to address changing times and circumstances.

➢ Who was the first President of the Constituent Assembly of India?

Ans: Dr. Sachchidananda Sinha was the first President (temporary Chairman) of the Constituent Assembly

when it met on 9 December 1946.

➢ What is the significance of 26th January 1950 in the context of the Indian Constitution?

Ans: January 26, 1950, is the date on which the Indian Constitution was formally adopted, marking the

transition to a republic.

➢ What is the role of the Preamble in a constitution?

Ans: The Preamble of a constitution provides an introduction and sets out the guiding values and objectives

of the constitution.

➢ Which country's constitution had a significant influence on the concept of "procedure established by

law" in the Indian Constitution?

Ans: The concept of "procedure established by law" in the Indian Constitution was influenced by the

Constitution of Japan.

➢ How long did the Constituent Assembly of India take to complete the Indian Constitution?

Ans: The Constituent Assembly of India worked for approximately two years, eleven months, and eighteen

days to complete the Indian Constitution.

➢ What is the purpose of the Preamble in the Indian Constitution?

Ans: The Preamble of the Indian Constitution outlines the guiding principles, objectives, and values of the

Constitution, providing the context for the entire document.

➢ Who was the chairman of the Drafting Committee of the Constituent Assembly?

Ans: Dr. B. R. Ambedkar served as the chairman of the Drafting Committee of the Constituent Assembly,

which was responsible for preparing the draft of the Constitution.

➢ What is the total number of articles in the Indian Constitution?

Ans: The Indian Constitution originally had 395 articles, which have been amended over time.Currently, the

number of articles has since increased to 448 due to 104 amendments since its enactment in 1950.

Assertion and Reasons Based

DIRECTION: Mark the option which is most suitable :

(a) If both assertion and reason are true and reason is the correct explanation of assertion.

(b) If both assertion and reason are true but reason is not the correct explanation of assertion.

(d) If both assertion and reason are false.

Assertion: The Indian Constitution is often referred to as a "Living Document."

Reason: It can be changed easily without any restrictions.

Ans- C

Assertion: The Indian Constitution was adopted on 26th January 1950 to commemorate Purna Swaraj.

Reason: Purna Swaraj was officially demanded by Congress in Lahore session 1929.

Ans- A

Assertion: The Indian Constitution draws its authority from the fact that members of the Constituent

Assembly engaged in public reason.

Reason: The Constituent Assembly debated every clause of the Constitution extensively.

Ans- A

Assertion: The Indian Constitution is a "borrowed bag."

Reason: It has borrowed provisions from the constitutions of various other countries.

Ans- A

Multiple Choice Questions

➢ According to political theorists, what forms the basis of legitimate political authority?

a) Divine right of kings b) Military strength c) Consent of the governed d) Dynastic lineage

Ans- c) Consent of the governed

➢ Which political theory argues for the abolition of private property and a classless society?

a) Liberalism b) Socialism c) Conservatism d) Fascism

Ans- b) Socialism

➢ Which of the following best describes the term "Sovereignty" in political theory?

a) Power to enforce laws b) Rule by the elite

b) Power to make laws d) Authority vested in religious leaders

Ans- a) Power to enforce laws

➢ The concept of "equality of opportunity" in political theory aims to:

a) Ensure equal outcomes for all individuals b) Provide equal resources to every citizen

b) Guarantee everyone's right to vote d) Ensure a level playing field for all citizens

Ans- d) Ensure a level playing field for all citizens

➢ Which was the first non-official attempt at drafting a constitution of India?

A) Constitution of India Bill, 1892 b) Constitution of India Bill, 1893

c) Constitution of India Bill, 1894 d) Constitution of India Bill, 1895

Ans- d) Constitution of India Bill, 1895

➢ In The Constituent Assembly India, The Chairman Of The Union Constitution Committee was.

A) Rajkumari Amrit Kaur b) G.V Mavalankar c) Dr. John Mathai d) Pt. Jawaharlal Nehru

Ans- d) Pt. Jawaharlal Nehru

➢ 42nd Constitutional Amendment 1976 added which Of the term to The Preamble ‘

a) Socialist b) Secular c) Sovereign d) Both (a) and (b)

Ans- d) Both (a) and (b)

➢ The members of the constituent assembly were:

a) Directly Elected b) Appointed by the Governors or Governor- General

b) Indirectly Elected d) Nominated By Congress and Muslim League

Ans- a) Directly Elected

➢ The ideals liberty, equality, fraternity, in the preamble have been taken from:

a) French revolution b) Russian revolution

b) American civil war d) None of the above

Ans- a) French revolution

➢ Democracy is the government of the people,by the people, for the people. Whose statement is it?

a) Rousseau b) J. S Mill c) T.H Green d) Abraham Lincoln

Ans- d) Abraham Lincoln

Passage Based Questions

Read the following Passage and Answer the Questions.

The Constitution drew its authority from the fact that members of the Constituent Assembly engaged in

what one might call public reason. The members of the Assembly placed a great emphasis on discussion and

reasoned argument. They did not simply advance their own interests, but gave principled reasons to other

members for their positions. The very act of giving reasons to others makes you move away from simply a

narrow consideration of your own interest because you have to give reasons to others to make them go

along with your view point. The voluminous debates in the Constituent Assembly, where each clause of the

Constitution was subjected to scrutiny and debate, is a tribute to public reason at its best. These debates

deserved to be memorialized as one of the most significant chapters in the history of constitution making,

equal in importance to the French and American revolutions.

➢ What was the basis of the Constitution's authority, according to the passage?

Ans: The Constitution derived its authority from the practice of "public reason." Members of the Constituent

Assembly emphasized discussion and reasoned argument when crafting the Constitution. They provided

principled reasons for their positions, moving away from solely pursuing their self-interests.

➢ How did engaging in public reason affect the decision-making process in the Constituent Assembly?

Ans: Engaging in public reason required members to give reasons to persuade others to support their

viewpoints. This approach encouraged a broader consideration beyond narrow self-interests.

➢ In what way does the passage compare the debates in the Constituent Assembly to other historical

events?

Ans: The passage compares the debates in the Constituent Assembly to the significance of the French and

American revolutions. It suggests that these debates deserve recognition as one of the most important

chapters in the history of constitution-making.

******

CHAPTER –2

“RIGHTS IN INDIAN CONSTITUTION”

GIST FOR THE CHAPTER

⚫ The Constitution is a document that sets limits on the powers of the government and ensures a

democratic system in which all persons enjoy certain rights.

⚫ Rights are the favourable conditions and guarantees to be provided by a state to its citizens to live up a

dignified life.

⚫ A democracy must ensure that individuals have certain rights and that the government will always

recognize these rights.

⚫ These rights can be categorized as Social Rights, Political Rights and Fundamental Rights to procure

equality, liberty and social justice into society.

⚫ Fundamental Rights are specially protected to ensure that they are not violated even by the

government. Because these are protected by the constitution of the country.

⚫ Right to equality tries to do away with such and other discriminations. It provides for equal access to

public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship.

There cannot be any discrimination.

⚫ Right against Exploitation (Articles 23-24): Prohibits forced labour (begar), human trafficking, and

employment of children below 14 years in hazardous jobs.

⚫ Right to Freedom of Religion (Articles 25-28): Grants freedom of conscience and the right to freely

profess, practice, and propagate religion. Also includes freedom to manage religious affairs, freedom

from taxes for the promotion of any particular religion, and freedom from religious instruction in certain

educational institutions.

⚫ Cultural and Educational Rights (Articles 29-30): Protects the rights of minorities (religious or linguistic)

to conserve their distinct language, script, and culture (Art 29), and their right to establish and

administer educational institutions of their choice (Art 30)

⚫ Fundamental Rights except the Right to Life and personal liberty may be suspended only during the

emergencies like foreign attacks or internal disturbances.

⚫ South African Constitution grants most extensive range of rights to its citizens including even right to

dignity, privacy, fair labour practices, healthy environment, adequate housing, information, etc.

⚫ The Right to constitutional remediesIt guarantees the right to move the Supreme Court for the

enforcement of the other Fundamental Rights. The Supreme Court (and High Courts under Art 226) can

issue various Writs (like Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) to protect

these rights.

⚫ Indian Constitution contains Directive Principles of State Policy also to establish a welfare state

alongwith the Fundamental Rights.

⚫ The judiciary has the power to enforce the Fundamental Rights but the Directive Principles of State are

not enforceable by law. Fundamental Rights mainly protect the rights of individuals while directive

principles ensure the well-being of the entire society.

⚫ In 1978, the 44th amendment to the constitution removed the right to property from the list of

Fundamental rights and converted it into a simple legal right under article300A

⚫ By the 42nd amendment, in 1976, the Fundamental Duties have also been inserted which are ten in

numbers to defend our country, promote harmony and protect the environment.

⚫ The inclusion of fundamental duties has not changed the status of our fundamental rights.

⚫ Protection of Rights: The Judiciary (especially the Supreme Court and High Courts) is the guardian of

Fundamental Rights.

⚫ Other bodies like the National Human Rights Commission (NHRC) also work for the protection of human

rights, but their powers are recommendatory, not judicial enforcement like the courts.

Short Type Questions

➢ Write four main features of our Fundamental Rights?

➢ Ans: Fundamental Rights are not absolute; they can have reasonable restrictions imposed on them.

These rights are justiciable, meaning individuals can seek legal remedies if their rights are violated.

Fundamental Rights can be amended, and may be suspended during a state of emergency. They

distinguish between citizens and non-citizens, offering specific protections to citizens

➢ Which Fundamental Right safeguards the protection and enforcement of other rights?

Ans: The Right to Constitutional Remedies (Article 32) is essential for protecting and enforcing Fundamental

Rights. Often referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar, it allows citizens

to seek judicial intervention if their rights are violated. Individuals can approach the Supreme Court or High

Court to restore their rights. The courts can issue various writs, such as: Habeas Corpus: Orders the

production of a detained person before the court. Mandamus: Directs an official to perform a legal duty.

Prohibition: Prevents lower courts from acting beyond their jurisdiction.

➢ Which liberties are givens in Article 19?

Ans: Article 19 of the Constitution grants individuals six key liberties under the Right to Speech and

Expression: Right to express oneself freely. Right to assemble peacefully. Right to form associations. Right to

move freely across India. Right to reside and settle anywhere in India. Right to practice any profession,

occupation, trade, or business. These rights, however, are not absolute and may be subject to certain

restrictions imposed by the government.

➢ What is given in Article 16 (4)

Ans: Article 16 (4) addresses the prohibition of discrimination in employment. It states that: The State can

reserve appointments or posts for certain groups. This reservation is aimed at helping backward classes that

are underrepresented in state services. The intention is to ensure equal opportunities for all citizens. This

provision supports the principle of equality by allowing targeted measures to improve representation.

➢ Describe Fundamental Duties of the Constitution.

Ans: In 1976, the 42nd Amendment to the Constitution introduced the Fundamental Duties of citizens,

which are outlined in Article 51A. There are ten duties that every citizen is expected to uphold: To abide by

the Constitution and respect the national flag and national anthem. To cherish and follow the noble ideals

that inspired the national movement. To protect the sovereignty, unity, and integrity of India. To defend the

country. To promote the spirit of common brotherhood among all people. To preserve the rich heritage of

our common culture. To protect and improve the natural environment. To develop a scientific temper and

spirit of inquiry. To safeguard public property. To strive towards excellence in all spheres of life. It is

important to note that the Constitution does not enforce these duties, nor does it make the enjoyment of

rights conditional upon fulfilling them. Thus, the inclusion of these duties does not alter the status of our

fundamental rights.

➢ Why and when were Fundamental Duties added to the Constitution?

Ans: In 1976, the 42nd Amendment to the Constitution was enacted, which introduced a list of Fundamental

Duties for citizens. This was in response to the need for greater civic responsibility during the emergency

declared by the Indira Gandhi government. A total of ten duties were specified in Article 51A of Part IV-A of

the Constitution. These duties include respecting the Constitution, defending the country, promoting

harmony, and protecting the environment. Importantly, the Constitution does not enforce these duties, nor

does it link the enjoyment of rights to their fulfilment. The inclusion of Fundamental Duties serves to remind

citizens of their responsibilities, but it does not alter the status of their fundamental rights.

➢ What are the key features of the Bill of Rights in the South African Constitution?

Ans: The Bill of Rights in the South African Constitution, enacted in December 1996, plays a central role in

promoting democracy. It prohibits discrimination on various grounds such as race, gender, age, disability,

religion, and social origin. The Bill guarantees a wide range of rights to citizens, ensuring equality and justice.

A special Constitutional Court is responsible for enforcing these rights, ensuring their protection for all

individuals in South Africa.

➢ What are equality before the law and equal protection of Law?

Ans: Equality before the law means that all individuals, irrespective of caste, race, color, or status, are

treated equally by the law. Equal protection of the law ensures that laws are applied consistently and fairly

to everyone, providing the same legal safeguards to all.

➢ Explain Right against Exploitation.

Ans: Right against Exploitation is crucial and is detailed in Articles 23 and 24 of the Constitution. Article 23

prohibits forced labour including bonded labour begging, and human trafficking. Article 24 bans the

employment of children under 14 in hazardous jobs, such as in factories and mines. Right to Education has

been established as a fundamental right for children. Historically, forced labour was imposed by landlords

and moneylenders. Although some forms of bonded labour still exist, particularly in brick kilns, it is now

considered a crime and is punishable by law.

➢ What is the Right to Freedom of Religion?

Ans: The Right to Freedom of Religion in India, enshrined in Articles 25 to 28 of the Constitution, guarantees

citizens the freedom to practice, profess, and propagate their religion. Key provisions include: Article 25:

Allows every individual to freely practice, profess, and propagate any religion, ensuring secularism. Article

26: Grants religious groups the liberty to manage their affairs and administer property for charitable

purposes. Article 27: Prohibits compulsory religious instruction in state-funded educational institutions.

Article 28: Allows religious institutions to receive state aid on an equal basis. This right ensures religious

freedom, prohibits forced conversions, and mandates equal treatment for all religions, upholding the secular

nature of the Indian state.

➢ Explain the Right of Education and Culture.

Ans: India is a diverse society, comprising various castes, cultures, and languages. To support this diversity,

the Constitution grants the Fundamental Right to Education and Culture, outlined in Articles 29 and 30.

Article 29: Protects minorities from discrimination based on religion, community, or language, ensuring they

have opportunities for full development. Article 30: Allows minorities to establish educational institutions to

promote their culture and identities, with access to state financial aid on an equal basis. This framework

ensures that all communities can maintain their unique cultural identities while receiving support to develop

their educational resources.

➢ What is the Fundamental Right of Constitutional Remedies, and why is it called the "heart and soul" of

the Constitution by Dr. B.R. Ambedkar?

Ans: The Fundamental Right of Constitutional Remedies, under Article 32, allows citizens to approach the

High Court or Supreme Court if their rights are violated. Dr. B.R. Ambedkar called it the "heart and soul" of

the Constitution because it ensures the protection of Fundamental Rights. The courts can issue writs, such

as: Habeas Corpus (to release a person from unlawful detention), Mandamus (to compel a duty), Prohibition

(to prevent jurisdictional overreach).

➢ Explain following terms-

1. Habeas Corpus 2. Mandamus 3.Prohibition 4. Certiorari

5. Quo Warranto

Ans:

1. Habeas Corpus: This is a court order requiring that an arrested person be brought before the court. It

can also demand the release of someone if their arrest was unlawful.

2. Mandamus: This writ is issued when a court finds that an officeholder is failing to perform their legal

duties, thus infringing on an individual's rights.

3. Prohibition: This writ is issued by a higher court when a lower court has acted beyond its legal

authority.

4. Certiorari: This writ orders a lower court or authority to send a case to a higher court for review.

5. Quo Warranto: This writ is issued when the court determines that a person is unlawfully holding an

office, preventing them from acting in that capacity.

➢ What right is given in Article 21 of the constitution?

Ans: Article 21 of the Constitution ensures the protection of life and personal liberty. It states that: No

individual can be deprived of their life or liberty without following a lawful procedure. This means that a

person cannot be arbitrarily arrested or have their freedom taken away. If arrested, individuals must be

informed of the reasons for their arrest. They have the right to legal representation of their choice.

Authorities must present the arrested person before a magistrate within 24 hours. The magistrate,

independent of the police, will determine the legality of the arrest. This right extends beyond mere

protection against losing life; it encompasses the right to live with dignity and includes the right to shelter

and livelihood, as affirmed by various Supreme Court rulings.

➢ What do you mean by Directive Principles of State Principles? What is their significance?

Ans: The Directive Principles of State Policy are guidelines in the Constitution that suggest socio-economic

policies for the government to adopt in order to promote the well-being of society. These principles aim to:

Promote social and economic justice. Outline goals that society should work towards. Suggest rights beyond

the Fundamental Rights. Recommend specific government policies for welfare, such as equal pay, protection

against exploitation, and promotion of local industries. Although non-justiciable (not enforceable by courts),

they play a crucial role in guiding government actions and promoting moral responsibility for ensuring

societal welfare.

Long Type Questions

➢ Explain the main features of the Fundamental Rights of the Indian Citizens.

Ans: Part III (Articles 12 to 35) of the Indian Constitution contains the list of Fundamental Rights. The Courts

have been entrusted with the responsibility to enforce them when and where they have been violated. They

are thus the props of the Indian democracy. Nature of the Fundamental Rights. The following are the salient

features of the Fundamental Rights contained in the Indian Constitution.

1. Integral part of the Constitution. Fundamental Rights are the integral part of the Constitution. These

Fundamental Rights cannot be altered or taken away by an ordinary Constitution.

2. Detailed and comprehensive. Indian Constitution has the most elaborate declaration of Fundamental

Rights. Articles 12 to 35 deal with the Fundamental Rights. These 24 Articles are further divided into

eight sections each of which is described in an elaborate manner.

3. All citizens are equally entitled to the Fundamental Rights. The Constitution unequivocally declares

that rights contained in Part III of the Constitution are to be enjoyed by all the citizens of India. These

rights are not meant for any particular caste, class, religion or the residents of a province. There can be

no discrimination.

4. Fundamental Rights are not absolute. Another significant feature of these rights is that they are not

absolute. The Constitution of India imposes direct restrictions on these rights. It also empowers the

government to impose reasonable restrictions on the enjoyment of these rights. Thus, the Constitution

empowers the government to put reasonable restrictions on the Fundamental Rights in the interest of

the sovereignty and integrity of India, security of the State, friendly relations with foreign States,

decency or morality.

5. Fundamental Rights place certain limitations on the State also. The theory of Fundamental Rights

implies limited government. Accordingly, Fundamental Rights impose restrictions on the State as well.

For example, the State cannot discriminate against citizens on grounds of caste, class, race, sex, religion,

place of birth, place of residence, etc. Similarly, citizens cannot be deprived of the Right to equality

before law. Again, there is the Right to equality of opportunity in public employment to all the citizens.

6. Fundamental Rights can be suspended. Another significant feature about the Fundamental Rights is

that they can be restricted or suspended as the circumstances demand.

7. Fundamental Rights are justiciable. The Judiciary has been vested with the responsibility to act as the

guardian of these rights. The right to move the Supreme Court for the enforcement of Fundamental

Rights is itself a guaranteed right as provided for in Article 32 of the Constitution. Thus, whenever the

State (as defined in Part III of the Constitution) or any other authority encroaches upon the rights of a

person, the latter can move the Supreme Court and the High Courts for the enforcement of his rights.

The Supreme Court and the High Courts are empowered to issue “Directions or order or writs

whichever may be appropriate” for the enforcement of the rights. The Judiciary is thus the protector

and the guarantor of Fundamental Rights.

8. They can be amended. Fundamental Rights can be amended by the procedure given in Article 368.

According to this Article, only Parliament is competent to amend the provisions of the Fundamental

Rights with two-third majority of the total membership of the Parliament.

9. Special Constitutional provision for the enforcement of Fundamental Rights. Another important

feature of Fundamental Rights in India is that there is a special Constitutional provision for their

enforcement. The right to move the Supreme Court for the enforcement of Fundamental Rights is

provided in Article 32 of the Constitution.

➢ Explain briefly the scheme of ‘Fundamental Rights’ as contained in the Indian Constitution.

Ans: The Fundamental Rights enumerated in the Indian Constitution are the most elaborate in the world.

The Constitution of India provides for Fundamental Rights by developing a complete and separate part (Part

III) and classifies those under six categories. Six Fundamental Rights are as follows:

1. Right to Equality (Articles 14–18): The Constitution declares all the citizens of India to be equal in the

eyes of law. Law provides equal protection to all. Right to equality does not mean absolute equality. Nor

does it imply that all should be entitled to identity of treatment and income. The positive concept of

equality is that special privileges of all kinds should be abolished. There should be no difference

between two individuals on the grounds of birth, wealth, caste, class, creed, religion, language, gender,

etc. Right to equality is the cornerstone of democracy.

2. Right to Freedom (Articles 19–22): Articles 19 to 22 of the Constitution guarantee to the citizens the

Right to Freedom. Article 19 guarantees six freedoms viz. (1) Right to Freedom of Speech and

Expression; 19(a) Right to Information (RTI) Act 2005; (2) Right to Assemble Peacefully and without

Arms; (3) Right to form Associations; (4) Right to move freely throughout the territory of India; (5) Right

to reside and settle in any part of the territory of India; (6) Right to practice any profession. Articles 20

to 22 guarantee personal liberty including 21(A) Right of Children to Free and Compulsory Education

(RTE) Act, 2009

3. Right against Exploitation (Articles 23–24): The Constitution of India recognizes the dignity of the

individual and protects him against any form of exploitation either by the State or by the privileged

classes in the society. Article 23 provides that traffic in human beings and begar (forced labour) and

similar other forms of forced labour are prohibited. Article 24 prohibits the employment of children

below the age of 14 years in any factory, mine or other hazardous (dangerous) employment.

4. Right to Freedom of Religion (Articles25–28): Articles 25 to 28 deal with the Right to freedom of

religion. Right to freedom of religion has been guaranteed to all persons residing in India. Article 25

provides that subject to public order, morality and health, all persons are equally entitled to freedom of

conscience and the right to profess, practice and propagate any religion of their choice. Article 28

prohibits imparting of religious instruction in any educational institution wholly maintained out of State

funds.

5. Cultural and Educational Rights (Articles 29–30): Under Articles 29 and 30, the Constitution guarantees

certain cultural and educational rights. No citizen shall be denied admission into any educational

institution maintained by the State receiving aid out of State funds on grounds of religion, race, caste,

sex, language or any one of them. Article 29 protects the interests of the minorities in India. Article 30

provides that all minorities, whether based on religion or language, shall have the right to establish and

administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32): Article 32 guarantees the right to move the Supreme

Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the

Constitution. Under Article 226, the High Courts have also been empowered to issue orders, directions

and writs for the enforcement of Fundamental Rights. The judiciary can set aside laws and executive

orders if they are violating the Fundamental Rights.

➢ Explain Right of Religions Liberty

Ans: India is a country of people of different religions and beliefs. Constitution makers have given all citizens

the right of religious liberties. This right is described from Art 25 to Art 28 Art 25 – Gives religious liberty to

every citizen i.e., to profess and practice any religion as a personal matter. The state will neither patronize

any religion now discriminate against. This right establishes the secular credentials of India. Art 26 – Liberty

of managing own religious affairs and to own, acquire, and to administer properties for a charitable purpose.

Art 27 – It prohibits compulsory religious instructions in an educational institution maintained, recognized,

or aided by the state. Art 28 – It gives liberty to religious institutions to take aid from the state on an equal

basis.

➢ Explain the socio-economic principles of the chapter of Directive Principles of State Policy.

Ans: Main guidelines regarding socio-economic upliftment of the people are contained in Art 38 and Art 39

of the Constitution which is as under. To secure a social order for the promotion of the welfare of the people

and to minimize inequalities of income and status. To build a socialistic pattern of society. Equal pay for

equal work. That the ownership and control of the material resources of the community are so distributed

as best to serve the purpose of the common good. There should not be a concentration of wealth and were

in few hands. To raise the standard of living of people of Sc’s, St’s and backward castes and handicaps and

aged persons. Protection of children, women, and workers from exploitation and to ensure proper working

conditions for the laborers. To ensure minimum wages for the workers.

➢ Describe the Fundamental Duties of the Constitution.

Ans: Ten Fundamental Duties have been added in the VI Part Art 51A of the Constitution by 42nd

Amendment of the Constitution in 1976. In the original Constitution, there was no chapter of Fundamental

duties. Followings are Fundamental duties. To abide by the Constitution and respect the national Flag and

National Anthem. To cherish and follow the noble ideals which inspired the National movement, To protect

the sovereignty, unity, and integrity of India. To depend on the country. To promote the spirit of common

brotherhood amongst all the people. To preserve the rich heritage of our common culture. To protect and

improve the natural environment To develop a scientific temper and spirit of inquiry. To safeguard public

policy. To starve towards excellence in all spheres of undivided and collective life.

➢ Differentiate between Fundamental Rights and Directive Principles of State Policy.

Ans: The followings are the main differences between Fundamental Rights and Directive Principles of State

Policy. Fundamental Rights are justiciable while Directive Principles are not justiciable. The purpose of

Fundamental Right is to establish political democracy while the purpose of the Directive Principle of State

Policy is to establish economic democracy. The language of Fundamental Rights is legal while the language

of Directive principles is not legal. Fundamental Rights make a distinction between citizens and aliens but

Directive Principles of State Policy does not make any distinction. Fundamental Rights are guarantees while

the Directive Principles of State Policy are just assurances.

Very Short Type Questions

➢ What is the purpose of the "BILL OF RIGHTS" in the Indian Constitution?

Ans: The "BILL OF RIGHTS" in the Indian Constitution safeguards the Fundamental Rights of citizens,

ensuring their protection and recognition by the government.

➢ Where are Fundamental Rights listed in the Indian Constitution?

Ans: Fundamental Rights are listed in Articles 12-35 of the Indian Constitution.

➢ Give one example of a Fundamental Right related to equality.

Ans: An example of a Fundamental Right related to equality is the right to equality before the law and equal

protection of laws, as guaranteed by Article 14.

➢ Who has the power to protect Fundamental Rights from violations?

Ans: The judiciary has the power to protect Fundamental Rights from violations by the government and

legislative actions.

➢ Can Fundamental Rights be changed by ordinary lawmaking?

Ans: Fundamental Rights can only be changed by amending the Constitution itself, not by ordinary

lawmaking.

➢ What does Article 21 of the Constitution protect?

Ans: Article 21 of the Constitution protects an individual's right to life and personal liberty.

➢ Which articles in the Constitution cover the right against exploitation?

Ans: Articles 23 and 24 in the Constitution cover the right against exploitation, prohibiting forced labor and

trafficking in human beings.

➢ What does Cultural and Educational Rights protect?

Ans: Cultural and Educational Rights protect the rights of minorities to establish and manage their own

educational institutions.

➢ How can citizens enforce their Fundamental Rights?

Ans: Citizens can enforce their Fundamental Rights by approaching the courts, specifically under Article 32,

which grants the right to move to the court for the enforcement of rights.

➢ What is the role of the National Human Rights Commission (NHRC)?

Ans: The National Human Rights Commission (NHRC) investigates human rights violations, issues

recommendations, and promotes human rights research, but it lacks prosecution powers.

Assertion and Reasons Based

DIRECTION: Mark the option which is most suitable :

(A) If both assertion and reason are true and reason is the correct explanation of assertion.

(B) If both assertion and reason are true but reason is not the correct explanation of assertion.

(D) If both assertion and reason are false.

1. Assertion: Fundamental Rights can be changed by ordinary lawmaking.

Reason: Fundamental Rights are protected and guaranteed by the Constitution.

Ans- D

Assertion: Cultural and Educational Rights protect the right of minorities to establish educational

institutions.

Reason: Cultural and Educational Rights are listed in Articles 29 and 30 of the Indian Constitution.

Ans- A

Assertion: Preventive detention allows the government to arrest a person without any reason.

Reason: Preventive detention can be up to three months

Ans- A

Assertion: Freedom of religion includes the right to forcibly convert others to one's own religion.

Reason: Freedom of religion allows individuals to spread information about their religion.

Ans- D

Multiple Choice Questions

➢ In the case of Machal Lalung of Assam, the justice was made after the intervention of:

(a) Supreme Court (b) National Human Rights Commission

Ans- (b) National Human Rights Commission

➢ Article 18 of the constitution deals with

(a) Right against exploitation (b) Right to practice own religion

Ans- (d) Abolition of titles

➢ The Fundamental Rights article that is enforceable during the period of emergency is:

(a) Article 14 (b) Article 20 (c) Article 23 (d) Article 29

Ans- (b) Article 20

➢ Which of the following is not a Fundamental Right?

(a) Right to Equality (b) Right to Property

Ans- (b) Right to Property

➢ Which of the following provisions of the Indian Constitution was passed without virtually any debate?

(a) Introduction of Universal Suffrage (b) Fundamental Rights

Ans- (a) Introduction of Universal Suffrage

➢ India borrowed the Directive Principles of State Policy from the:

(a) Irish constitution (b) Canadian constitution

Ans- (a) Irish constitution

➢ Fundamental Duties in the Indian constitution was recommended by-

(a) Gandhi (b) Swaran Singh Committee (c) Nehru (d) Ambedkar

Ans- (b) Swaran Singh Committee

➢ The original 10 duties were then increased to 11" under which ACT?

(a) 86th Amendment ACT (b) 49th Amendment ACT

Ans- (a) 86th Amendment ACT

Passage Based Questions

Read the following Passage and Answer the Questions.

Right to equality tries to do away with such and other discriminations. It provides for equal access to public

places like shops, hotels. places of entertainment, wells, bathing ghats and places of worship. There cannot

be any discrimination in this access on the grounds only of religion, race, caste, sex or place of birth. It also

prohibits any discrimination in public employment on any of the above-mentioned basis. This right is very

important because our society did not practice equal access in the past. The practice of untouchability is one

of the crudest manifestations of inequality. This has been abolished under the right to equality. The same

right also provides that the state shall confer no title on a person except those who excel themselves in

military or academic field. Thus, right to equality strives to make India a true democracy by ensuring a sense

of equality of dignity and status among all its citizens.

➢ What does the Right to Equality guarantee in terms of access to public places and employment?

Ans: The Right to Equality ensures equal access to public places such as shops, hotels, entertainment

venues, wells, bathing ghats, and places of worship.

1. It prohibits discrimination in access based on religion, race, caste, sex, or place of birth.

2. The right also extends to public employment, preventing discrimination on the same grounds.

➢ Why the Right to Equality is considered crucial in Indian society?

Ans: The Right to Equality is significant because it addresses historical inequalities in Indian society. It

specifically addresses the practice of untouchability, one of the harshest forms of inequality, and abolishes

it. This right strives to rectify past discrimination and promote a sense of equality, dignity, and status among

all citizens.

➢ What restrictions does the Right to Equality place on conferring titles by the state?

Ans: The Right to Equality limits the state from conferring titles on individuals except those who excel in the

fields of military or academics. This restriction aims to ensure that titles are not granted arbitrarily and

maintain a focus on merit and achievement.

CHAPTER-3

ELECTION AND REPRESENTATION

Key points:-

1. Types of democracy.

2. Election system in India.

3. Election and Democracy

4. Proportional representation

5. Reservation of Constituencies

6. Electoral reforms

➢ Why do we choose a representative? Due to the huge population and large area, not all citizens can

participate directly while making laws or taking decisions, so people choose representatives.

1. Types of Democracy-

Proportional

Representation

Voters vote for

the party

Geographical

area are

demarcated

For

constituencies,

more than one

representative

may be elected

from one

constituency.

E.g.- Israel,

Netherland

First Past the Post

One

representative is

elected from one

constituency.

Voters vote for the

candidates.

State is divided

into small

constituencies.

E.g.- UK,India

Election and Representation

Role of EC Structure of

Election Commission

Election and

Representation

• Conduct free and fair

elections

• Issue model code of

conduct

• Registration of Political

Parties

• Allotment of symbol

• Fix the limit of

expenditure during polls

1. Chief Election

Commissioner

2. Election

Commissioner

• Appointed by

President of India

• Removal by

parliament.

Representative

Through the election process, the person who is elected by

the people and sends them to Parliament or Assembly is

called the representative of the people.

Types of

Democracy

Direct Democracy:-Citizens can take direct part in day to day

decision and running the government (with hands raised) Eg-

Ancient Greece, Gram Sabha.

Indirect Democracy:-People send their representatives

and participate in government proceedings. Eg:- India,

England

Election The method by which people elect their

representatives is called election.

2. Election and Democracy: - Both election and democracy are two sides of a coin. Democracy without

elections is incomplete and democracy has no importance without elections.

➢ Election system in India: - The system of conduct of elections has been described in the constitution of

India. Election Commission has been formed to conduct free and fair election.

➢ Election and Representation.

➢ Preparation of voter list.

➢ A candidate ahead of others is the winners.

➢ A party gets the same percentage of seats as the proportion it gets.

➢ Election commission of India works without any pressure.

➢ The constitution of Independent Election Commission has been described in constitution and the

functions of Election Commission are also described.

➢ Election Commission:- According to Article 324 of the Constitution of India, there will be an

independent Election Commission of India, consisting of 3 members (1 Chief Election Commissioner and

2 Election Commissioners) Mr. Sukumar Sen was the first Election Commissioner of India.

➢ First past the post system: - This system is derived from England in India, in which the whole country is

divided into small geographical units called constituencies. There is one winner from each constituency.

The candidate with the most votes wins.

3. Proportional Representation: - Each party issues a priority list of its candidates first in the elections and

selects as many candidates from the priority list as the seats quota is assigned to it. This system of

elections is called a proportional representation system. In this system, the voter gets the same

percentage as the percentage he gets the votes, in this system, the voters vote to party not the

candidate.

➢ There are two types of proportional representation systems - In Israel and the Netherlands, the whole

country is considered a constituency and each party is given seats in proportion to the votes received in

national elections. Secondly in Argentina and Portugal the whole country is divided into multi

constituencies.

➢ Why was the 'First Past the Post System' accepted in India?

➢ The system is simple

➢ Voters have clear choice at the time of Voting.

➢ This system is suitable for a country with a large population like India.

➢ Voters know the candidate personally; this opportunity is not available in other system.

4. Reservation of Constituencies:-

➢ In an effort to give equal representation to all classes in the Parliament or State Legislative Assembly by

the Constitution of India, reservation Provision has been made in the constituencies. In this system,

voters of all classes will vote but the candidate will belong only to the social class whose reservation was

arranged. Initially this arrangement was only for 10 years but now it has been extended to 2030.

➢ Out of 543 Lok Sabha seats, 84 are reserved for Scheduled Castes and 47 for Scheduled Tribes.

➢ Reservation of constituencies is based on the recommendations of the Delimitation Commission which

is formed by president of India

➢ Universal Adult Franchise: - The right to vote in the democratic elections to all citizens of the country

above 18 years without discrimination on the basis of religion, caste, sex.

➢ Special Majority: - Two-thirds majority of the members present and voting and a simple majority of the

total members of the house.

5. Electoral Reforms:-

➢ No system of election can ever be an ideal system. Every system has some shortcomings. The

democratic society has to constantly make efforts to make its elections more fair and independent.

➢ This is called election reform such as In India people with criminal roles should be banned from

contesting elections.

⚫ Election system faults:-

➢ Purchase of votes

➢ Vote in the name of violence, caste, religion.

➢ Increased involvement of criminals.

➢ Make popular promises.

➢ Excessive expenditure by pol. Parties.

Multiple choice questions

1. In which election proportional representation is applicable in India?

(a) Lok Sabha Elections (b) State Legislatures Election

2. Who appoints the Chief Election Commissioner of India?

(a) Prime Minister (b) Lok Sabha (c) President (d) Rajya Sabha

3. Who ensures free and fair election in India?

(a) Supreme court (b) Election commission of India (c) High Court (d) Parliament

4. Right to vote is a..........?

(a) Legal Right (b) Fundamental Rights (c) Constitutional rights (d) Statutory rights

5. Where can we challenges controversies related to election commission?

(a) Parliament (b) Election Commission (c) President (d) High Court

6. Whose responsibilities is fixed to conduct independent and neutral election?

(a) Supreme court (b) Prime Minister (c) Lok Sabha (d) Election commission

7. When election is conducted after 5 years it is called

(a) General election (b) by-election(c) midterm elections (d) None of the above

8. When people above 18 year of age can vote in elections it is called

(a) Statutory right (b) Universal adult franchise

9. What is minimum age for contesting elections in Lok sabha or state assemblies?

(a) 30 years (b) 35 years (c) 25 years (d) 20 years

10. Which organization was established through article 324(I)

(a) Lok Sabha (b) Rajya Sabha (c) Supreme court (d) Election Commission of India

11. Example of direct democracy in India

(a) Assembly b) Parliament (c) Village Assembly (d) City Corporation

12. From which country we have adopted proportion representation

(a) India (b) England (c) America d) Israel

Assertion and Reasons Based

DIRECTION: Mark the option which is most suitable :

(a) If both assertion and reason are true and reason is the correct explanation of assertion.

(b) If both assertion and reason are true but reason is not the correct explanation of assertion.

(d) If both assertion and reason are false.

1. Assertion (A): The Election Commissioner works without any pressure

Reason: The Election Commissioner can be removed from his office only by the Parliament.

Ans- A

2. Assertion (A): people of India directly choose the prime minister of India.

Reason (R): The Prime Minister of India is appointed by the President of India.

Ans- D

Very Short Type Questions

1. Write two differences between direct and indirect democracy?

Ans- In a direct democracy, the people directly participate in governance, while in indirect elections;

representatives elected by the people participate.

2. What is the meaning of first past the post system?

Ans- This system means that the candidate who finishes ahead of the other candidates in the election race is

the winner.

3. What is proportional Representation System?

Ans- In this system, a party gets the same percentage of seats, what percentage of votes it gets, it is of two

types, like somewhere the whole country is considered as a single constituency and somewhere the whole

country is divided into different constituencies.

4. What is Secret vote System?

Ans- In an indirect democracy, the system of electing representatives is by secret ballot, in which no one

except the voter knows who has been voted for.

5. Why seats have been reserved in lok sabha?

Ans- There is a provision in the constitution that in order to ensure the presence of representatives of

minorities or lower classes in the parliament, the delimitation department reserves seats from time to time,

it is called reserved constituency.

6. Write two elements of successful electoral system?

Ans- Transparent elections, free elections.

7. What do you understand by Delimitation commission?

Ans- An organization working with the Election Commission in India, which sets constituency boundaries,

determines constituencies, and is constituted by the President.

8. Write shortcoming Of Indian Election System?

Ans- View Answers from Key Points.

Short Type Question

1. Write four differences between FPPS and Proportional Representation Election.

Ans- FPPS-

A. Winner is one who gets maximum votes.

B. The country is divided into small constituencies.

C. One representative is elected from each constituency.

D. The voter votes for the candidate and he knows the candidate personally.

Proportional Representation Election-

A. Proportional representation is a single constituency.

B. In the whole country where more than one candidate is elected.

C. The voter votes secretly for the party so the candidate is not known.

2. Write four importance of universal adult franchise.

Ans- Universal adult franchise is important because It ensures-

Political Equality: Universal adult franchise ensures that every adult citizen, regardless of their background,

has an equal say in the political process through their vote.

Citizen Empowerment: It empowers citizens by giving them the power to choose their representatives and

hold them accountable, thus fostering a sense of ownership in the government.

Government Accountability: Elected governments are more likely to be responsive to the needs and

demands of the electorate when they know they will be judged by their performance in the next election.

Political Education: The act of voting and participating in elections encourages citizens to become more

informed about political issues and processes, contributing to a more politically aware citizenry

3. Describe the four main functions of the Election Commission of India.

Ans- Preparation of voter list, To decide the method of election, To conduct election monitoring, To release

Election result.

4. What are the qualifications prescribed in the constitution to become a member of Lok Sabha and Vidhan

Sabha?

Ans- A. Must be a citizen of India. B. 25 years of age. C. Must not be bankrupt.

D. Should not hold office of profit. E. Should not be of criminal nature

5. Write a note on the importance of elections in a democracy

Ans- Election is very important in a democracy. Electoral democracy is two sides of a coin. Today there is

democracy in more than 100 countries of the world, where there is democracy; the election system is

adopted for the election of people's representatives.

Long Type Questions

1. Describe any 6 suggestions to improve the Indian election system.

I. To prevent money power and muscle power.

II. The state should bear the election expenses.

III. There must be limit for election expenses.

IV. The candidates and the parties should submit the audited account of election expenses.

V. Criminals should be barred from the contest of elections.

VI. All criminal activities should be suppressed.

2. Explain the selection process of the Chief Election Commissioner of India and describe its main functions.

Ans- The Chief Election Commission is appointed by the President, he serves on his post for 6 years or till the

age of 65 years, and his salary is the same as that of a judge of the Supreme Court.

Functions:

I. It conducts and supervise selection of the president, Vice president, MPs and MLAs etc..

II. It supervises the preparation of voters' List.

III. Preparestheelectionschedules.

IV. To ensure free and fair poll.

V. ImplementsmodelcodeofConduct.

VI. It gives recognition to political parties and allots symbols to each of them.

VII. Supervises the machineries of elections.

VIII. To appoint the officials for conducting elections.

IX. Counting the votes.

X. Announcement of final result.

3. Explain the various stages of the election process in India.

Ans- Election Process:-

i. Issuance of notification by the Election Commission

ii. Date of Withdrawal of Application Date of Election

iii. Election campaign and monitoring of election campaign

iv. Make the election free and fair on the date

v. Counting of votes

vi. Declaration of election result

vii. Appointment of Election Officers

viii. Establishment of Polling Stations

CHAPTER-4

EXECUTIVE

What is the Executive- The organ of government that primarily looks after the function of implementation

and administrations called the executive.

Principal functions of the Executive-

⚫ Executive is the branch of government responsible for the implementation of laws and policies adopted

by the legislature.The executive is often involved in framing of policy. Some countries have Presidents,

while others have chancellors. The executive branch is not just about Presidents, Prime Ministers and

ministers.

⚫ It also extends to the administrative machinery (civil servants) While the heads of government and their

ministers, saddled with the overall responsibility of government policy, are together known as the

political executive, those responsible for day to day administration are called the Permanent Executive.

What are the different types of Executive?

⚫ Presidential System- The President is the Head of state as well as the head of the government. In this

system the office of president is very powerful, both in theory and practice. Countries with such a

system include the United States, Brazil and most nations in Latin America.

⚫ Semi-Presidential Executive- Under the system of Executive Presidency, people directly elect the

President. It may happen that both the President and the Prime Minister belong to the same political

party or to different political parties. Countries with such a system include the France, Russia, Sri Lanka.

⚫ Parliamentary System- The Prime Minister is the head of government. Most parliamentary systems

have a president or a monarch who is the nominal Head of state. In such a system the role of president

or monarch is primarily ceremonial and Prime Minister along with the cabinet wields effective power.

Countries with such system include Germany, Italy, Japan, United Kingdom as well as Portugal.

Parliamentary Executive in India-

⚫ India already had some experience of running the parliamentary system. Under the Acts of 1919 and

1935. This experience had shown that in the parliamentary system, the executive can be effectively

controlled by the representatives of the people.

Why Parliamentary Form of Government?

⚫ Indian Constitution wanted to ensure that the government would be sensitive to public expectations

and would be responsible and accountable.

⚫ The Presidential Executive puts much emphasis on the President as the chief executive and as source of

all executive power.

⚫ There is always the danger of personality cult in Presidential Executive. Executive will be answerable to

and controlled by the legislature or people's representatives.

What is the Parliamentary Form of System?

⚫ President who is the formal Head of the state of India and the Prime Minister and the Council of

Ministers, which run the government at the national level. At the State level, the executive comprises

the Governor and the Chief Minister and Council of Ministers.

Power and position of President-

⚫ Article 74 (1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise

the President who shall in the exercise of his functions, act in accordance with such advice.

⚫ Provided that the President may require the Council of Ministers to reconsider such advice and the

President shall act in accordance with the advice tendered after such reconsideration.

⚫ Constitutionally, the President has a right to be informed of all important matters and deliberations of

the Council of Ministers.

⚫ The Prime Minister is obliged to furnish all the information that the president may call for.

⚫ The President often writes to the Prime Minister and expresses his views on matters confronting the

country.

⚫ Three Situations where the President can exercise the Power using his or her own discretion:-

⚫ President Can sends back the advice given by the Council of Ministers and asks the Council to reconsider

the decision. In doing this, the President acts on his (or her) own discretion.

⚫ President has veto power by which he can withhold or refuse to give assent to Bills (other than Money

Bill) passed by the Parliament. Every bill passed by the Parliament goes to the President for his assent

before it becomes a law. The President can send the bill back to the Parliament asking it to reconsider

the bill. This veto power is limited because, if the Parliament passes the same bill again and sends it

back to the President, then, the President has to give assent to that bill. However, there is no mention in

the Constitution about the time limit within which the President must send the bill back for

reconsideration.

⚫ This means that the President can just keep the bill pending with him without any time limit. This gives

the President an informal power to use the veto in a very effective manner. This is sometimes referred

to as a 'pocket veto'.

⚫ When after an election, no leader has a clear majority in the Lok Sabha, the President has to decide

whom to appoint as the Prime Minister. In such a situation, the President has to use his own discretion

in judging who really may have the support of the majority or who can actually form and run the

government.

The Vice President of India-

⚫ Election method is similar to that of the President; the only difference is that members of State

legislatures are not part of the Electoral College. Vice President may be removed from his office by a

resolution of the Rajya Sabha passed by a majority and agreed to the Lok Sabha. VP acts as the ex-

officio Chairman of the Rajya Sabha and takes over the office of the President when there is a vacancy

by reasons of death, resignation, removal by impeachment or otherwise. Acts as the President only until

a new President is elected.

Prime Minister and Council of Ministers-

⚫ The Prime Minister becomes the most important functionary of the government in our country.

⚫ Head of the Council of Ministers.

⚫ The President exercises his powers only on the advice of the Council of Ministers.

⚫ In the parliamentary form of executive, it is essential that the Prime Minister has the support of the

majority in the Lok Sabha. This support by the majority also makes the Prime Minister very powerful.

⚫ Decides who will be the ministers in the Council of Ministers. Allocates ranks and portfolios to the

ministers.

⚫ Depending upon the seniority and political importance, the ministers are given the ranks of cabinet

minister, minister of State or deputy minister. In the same manner, Chief Ministers of the States choose

ministers from their own party or coalition.

⚫ The Prime Minister and all the ministers have to be members of the Parliament. If someone becomes a

minister or Prime Minister without being an MP such a person has to get elected to the Parliament

within six months.

Size of the Council of Ministers-

⚫ An amendment was made that the Council of Ministers shall not exceed 15 percent of total number of

members of the House of People (or Assembly, in the case of the States).

⚫ Collectively responsible to the Lok Sabha. This provision means that a Ministry which loses confidence

of the Lok Sabha is obliged to resign.

⚫ The principle indicates that the ministry is an executive committee of the Parliament and it collectively

governs on behalf of the Parliament.

⚫ Collective Responsibility

⚫ Based on the principle of the solidarity of the cabinet.

⚫ Implies that a vote of no confidence even against a single minister leads to the resignation of the entire

Council of Ministers.

⚫ Also indicates that if a minister does not agree with a policy or decision of the cabinet, he or she must

either accept the decision or resign.

⚫ It is binding on all ministers to pursue or agree to a policy for which there is collective responsibility.

⚫ The death or resignation of the Prime Minister automatically brings about the dissolution of the Council

of Ministers but the demise, dismissal or resignation of a minister only creates a ministerial vacancy.

⚫ The Prime Minister acts as a link between the Council of Ministers on the one hand and the President as

well as the Parliament on the other.

⚫ The Prime Minister is involved in all crucial decisions of the government and decides on the policies of

government.

⚫ Thus, the power wielded by the Prime Minister flows from various sources: control over the Council of

Ministers, leadership of the Lok Sabha, command over the bureaucratic machine, access to media,

projection of personalities during elections, projection as national leader during international summitry

as well as foreign visits.

At the State level-

⚫ Similar parliamentary executive exists, though with some variations.

⚫ The most important variation is that there is a Governor of the State appointed by the President on the

advice of the central government.

⚫ Though the Chief Minister, like the Prime Minister is the leader of the majority party in the Assembly,

the Governor has more discretionary powers.

⚫ However, the main principles of parliamentary system operate at the State level too.

Permanent Executive: Bureaucracy

⚫ The Executive organ of the government includes the Prime Minister, the ministers and a large

organization called the bureaucracy or the administrative machinery.

⚫ In a democracy the elected representatives and the ministers are in charge of government and the

administration is under their control and supervision.

⚫ The legislature also exercises control over the administration.

⚫ The administrative officers cannot act in violation of the policies adopted by the legislature.

⚫ It is the responsibility of the ministers to retain political control over the administration.

⚫ India has established professional administrative machinery.

The Indian bureaucracy-

⚫ It consists of the All-India services, State services, employees of the local governments, and technical

and managerial staff running public sector undertakings.

⚫ The Union Public Service Commission has been entrusted with the task of conducting the process of

recruitment of the civil servants for the government of India. Similar public service commissions are

provided for the States also.

⚫ Members of the Public Service Commissions are appointed for a fixed term. Their removal or

suspension is subject to a thorough enquiry made by a judge of the Supreme Court.

⚫ The bureaucracy is an instrument through which welfare policies of the government must reach the

people. Bureaucracy is insensitive to the demands and expectations of the ordinary citizen.

MCQs-

1. In presidential form of government. The president is the

(a) Head of the state (b) Head of the government

2. What is the minimum age limit for the post of Prime Minister?

(a) Minimum 20 year (b) Minimum 25 year (c) Minimum 30 year (d) Not decided

3. The principle of collective responsibility is based on

(a) The principle of the solidarity of the Lok Sabha

(b) The principle of the solidarity of the Rajya Sabha.

(d) None of the above

4. What is the process of removing the president from his office?

(a) Prosecution. (b) Indictment (c) Impeachment (d) All of the above

5. What type of government is there in the United States of America?

(a) Parliamentary (b) Presidential (c) Mixed (d) Communist

6. Which provision is related to the President as mentioned in Article-74A?

7. The Prime Minister is the pivot of the government. This statement was given by

(a) Dr. Rajendra Prasad (b) Sardar Patel

8. How can the president be removed from his office?

(a) On the violation of the constitution (b) On the returning the bill for reconsideration

9. The task of recruiting members of the Civil Service in India is assigned to

(a) Comptroller and Auditor General (b) Union Public Service Commission

10. The criterion of the selection of Indian Public Service is based on

(a) Political ability (b) Efficiency and competition

11. President can be elected by the

(a) Members of both houses of Parliament

(b) Members of Parliament and State Legislatures

(d) Elected Members of Parliament and State Assemblies.

Very Short Type Questions-

1. Describe any two forms of executive.

Ans- Presidential, Parliamentary

2. What do you understand by collective responsibility?

Ans- If vote of no confidence passes against a single minister, it leads to the resignation of the entire council

of ministers.

3. What do the President’s emergency powers mean?

Ans- The President (under article 352, 356 and 360 of the constitution) can declare emergency powers on

the advice of Prime Minister with the council of Ministers.

4. The President is a ceremonial head of the state. Explain in brief.

Ans- Because real executive power vest in the hands of Prime Minister with the council of ministers.

5. Ministers in the cabinet swims together and sink together. What does this statement mean?

Ans- Due to collective responsibility.

6. Explain the powers of the Prime Minister.

Ans- Formation of Council of Minister, Removal of the Council of Minister, linchpin of the govt.

7.The Governor works as an agent of the Central Government. Explain.

Ans- Because Central government appoints governor.

8. What provisions have been made in the constitution to enable all sections of the society to become part

of the bureaucracy? Explain.

Ans- Reservation for SC/ST/OBC in employment.

10. Bureaucracy is the mean by which the government's welfare policies must reach the public. Do you

agree with this statement?

Ans- Yes, give your opinion with the help of examples.

Short Type Questions-

1. Define the four differences between the Political Executive and Permanent Executive.

Ans- Political Executive: Temporary, Tenure is not fixed, politically allegiance to the political party, less

experienced (sometimes).

Permanent Executive: Tenure is fixed, practically neutral, efficient, trained and skilled officers.

2. Describe the four characteristics of the Permanent Executive.

Ans- Efficient, trained / skilled, expertise, politically neutral.

3. In a presidential government, how the President is the head of both state and the government?

Ans- Because there is only one head i.e. President.

4. Describe the emergency powers of the President.

Ans- Article 352, 356, 360

5. What are the privileges that make the power of the President effective?

Ans- The President has privileges to be informed of all important matters and deliberations of the Council of

Ministers, veto power send back the advice given by Council of Ministers.

6. The President cannot exercise his own discretion in the appointment of the Prime Minister? Do you agree

to this view?

Ans- No, when no leader has a clear majority in the Lok Sabha, President has to decide whom to appoint as

the Prime Minister.

Long Type Questions-

1. Explain the powers of the President.

Ans- President can send back the advice given by the council of Ministers, Veto Power, appointment powers,

sometimes uses discretionary powers, emergency powers.

2. How bureaucracy helps the political executive?

Ans- (a) Policy implementation.

(b) Efficiently works for the welfare of the people.

(d) Helps the political executive.

CHAPTER 5:

LEGISLATURE

Need for a Parliament:

⚫ The Union legislature is referred to as the Parliament. The state legislatures are called State Legislative

Assemblies. Here we primarily focus on the Union legislature, that is, the parliament.

⚫ A representative, efficient and effective Parliament is characteristic of all democracies.

⚫ The parliament is the law making body for the country. It is the open forum of debate and the centre of

all democratic political process.

⚫ It is the most representative of the three organs of a democracy. The other two are the executive and

the judiciary.

⚫ The Parliament is vested with the power to choose and dismiss the government.

Need for two houses of the Parliament:

⚫ Bicameralism: A system of government in which the legislature is divided into two houses or chambers.

⚫ When there are two houses of the legislature, it is called a bicameral legislature. The Indian legislature is

bicameral.

⚫ The Upper House is also known as Council of States or the Rajya Sabha and the Lower House is also

known as House of the People or the Lok Sabha.

⚫ States have the option of establishing either a unicameral (one house) or bicameral (two houses)

legislature.

⚫ At present there are only six Indian states with a bicameral legislature. They are: Andhra Pradesh,

Karnataka, Telangana, Maharashtra, Uttar Pradesh and Bihar.

Advantages of having a bicameral legislature:

⚫ Better representation: It gives representation to all sections in the society and to all geographical

regions or parts of the country.

⚫ Double check on decisions: A decision taken by one house goes to the other house for its decision. This

means that every bill and policy would be discussed twice.

Characteristics of the Rajya Sabha:

⚫ Indirectly elected: The Rajya Sabha represents the States of India. The elected members of State

Legislative Assembly (MLAs) elect the members of the Rajya Sabha for a 6 year term. (Through the

Single Transferable Vote System as given in Ch: 3)

⚫ Asymmetric representation: Different states are represented in the Rajya Sabha based on the size of

their population. Eg: Uttar Pradesh 31, Sikkim 1. The number of members to be elected from each State

has been fixed by the fourth schedule of the Constitution.

⚫ Never gets fully dissolved: All members of the Rajya Sabha do not complete their terms at the same

time. Every two years, one third members of the Rajya Sabha complete their term and elections are

held for those one third seats only. Thus, Rajya Sabha is called the permanent House of the Parliament.

⚫ President’s nominations: Apart from the elected members, the President can nominate a maximum of

twelve members to it.

Characteristics of the Lok Sabha:

⚫ Directly elected: The members of the Lok Sabha are directly elected for a period of five years. The entire

country is divided into 543 territorial constituencies. One representative is elected from each

constituency through universal adult suffrage.

⚫ Gets dissolved every 5 years: All members complete their term together and fresh elections are held

every 5 years. It can also be dissolved if no party or coalition can form the government or if the Prime

Minister advises the President to do so.

Functions of the Parliament:

⚫ Legislative Function: The Parliament enacts laws for the country. Bills are introduced in the Parliament

for discussion and approval.

⚫ Control of Executive: The Parliament controls the executive, ensuring it remains accountable to the

people. (Discussed in point 13)

⚫ Financial Function: The Parliament manages taxation and government spending. It grants resources to

the government. The government has to give an account to the Parliament about the money it has

spent.

⚫ Representation: Parliament represents diverse views and opinions of members from different sections

and parts of the country.

⚫ Debating Function: Parliament serves as the primary forum for debate in the country.

⚫ Constituent Function: The Parliament can enact changes (amendments) to the Constitution. They must

be approved by a special majority in both houses.

⚫ Electoral Functions: Parliament elects the President and Vice President of India.

⚫ Judicial Functions: Parliament can remove the President, Vice President, and judges of High Courts and

Supreme Courts.

Powers of the Lok Sabha:

⚫ Makes Laws on matters included in Union List and Concurrent List.

⚫ Introduce and enact money and non-money bills.

⚫ Approves bills for taxation

⚫ Controls the executive by asking questions

⚫ Amends the Constitution

⚫ Approves the Proclamation of emergency

⚫ Elects the President and the Vice President

⚫ Removes the Judges of High Courts and Supreme Courts

Powers of Rajya Sabha:

⚫ Considers and approves non-money bills

⚫ Approves constitutional amendments

⚫ Control over executive by asking questions

⚫ Participates in the election and removal of the President, Vice-President, Judges of Supreme Court and

High court

⚫ Can give the Union Parliament power to make laws on matters included in the State List

Special power of the Lok Sabha:

⚫ Only the Lok Sabha can initiate, reject or amend money bills. The Council of Ministers is responsible to

the Lok Sabha and not Rajya Sabha. Rajya Sabha can criticise the government but cannot remove it.

Special power of the Lok Sabha:

⚫ The Rajya Sabha represents the states. Any matter that affects the States must be referred to it for its

consent and approval. The approval of the Rajya Sabha is necessary if the Parliament wishes to remove

a matter from the State list to either the Union List or Concurrent List.

Procedure/ Steps in the law making process:

⚫ The bill is introduced in either House of the Parliament. A bill is a draft of the proposed law.

⚫ The bill is sent to a Committee or discussed in the House itself.

⚫ If a bill is sent to a Committee, it gives a report. The Committee takes people’s input as well.

⚫ Detailed discussion on the bill; the House may or may not accept the report.

⚫ After the discussion, the bill is voted upon. The bill may be accepted or rejected.

⚫ If approved by the House, the bill is sent to the other House of the Parliament.

⚫ The other House may send the Bill back with certain recommendations. If there is disagreement

between the two Houses, attempt is made to resolve it through Joint Session of Parliament. (The

Speaker of the Lok Sabha presides over a Joint Session.)

⚫ If approved by the other House, then the Bill is sent for the President’s accent.

⚫ The President may send the Bill back with certain recommendations.

⚫ If the President approves, then the Bill becomes a Law.

Types of Bills:

⚫ An Ordinary Bill: Deals with regular legislative matters.

⚫ A Constitution Amendment Bill: Deals with changes/ amendment to the Constitution itself.

⚫ Government Bill: If a Minister proposes it.

⚫ A Money Bill: Can be introduced only in the Lok Sabha. (Article 109)

⚫ Non-Money Bill: Can be introduced in either House.

Parliament’s control/ check over the Executive:

⚫ Parliamentary privilege: No action can be taken against a member for whatever the member may have

said in the legislature. They can represent people’s voice effectively and fearlessly. Parliamentary

privilege enables the MPs to exercise effective control over the executive.

⚫ The presiding officer of the legislature has the final powers in deciding matters of breach of privilege.

Instruments of Parliamentary control:

⚫ Deliberation and discussion: During the law making process, members of the legislature get an

opportunity to deliberate on the policy direction of the executive and the ways in which policies are

implemented. Control may also be exercised through:

⚫ The Question Hour: Held every day during the sessions of Parliament, where Ministers have to respond

to searching questions raised by the members. The aim is to gain maximum information from the

government.

⚫ The Zero Hour: Members are free to raise any matter that they think is important without prior notice.

⚫ Half-an-Hour: Discussion on matters of public importance which needs more elucidation.

⚫ Adjournment motion: Introduced only in Lok Sabha to draw attention of the House to a definite matter

of urgent public importance.

⚫ Approval and ratification of laws: A bill can become a law only with the approval of the Parliament. A

government that has the support of a disciplined majority may not find it difficult to get the approval of

the Legislature.

⚫ Financial control: The budget can’t be passed unless it is approved by the majority of the Parliament.

The Lok Sabha can discuss the reasons for which the government requires money. It can also enquire

into cases of misuse of funds.

⚫ No Confidence Motion: This motion is moved to determine the confidence of the House in the Council

of Ministers. Several governments in the past have been forced to resign due to lack of confidence of

the house. It is because they failed to retain the support of their coalition partners.

Parliamentary Committees:

⚫ Need for Parliamentary Committees: Since the Parliament meets only during Sessions; it has very

limited time. The making of law for instance requires in-depth study of the issue under consideration.

This in turn demands more attention and time. This gap is filled by Parliamentary Committees. The

committee system has reduced the burden on the Parliament.

⚫ Functions of Parliamentary Standing Committees: They supervise the work of various departments,

their budget, their expenditure and bills that come up in the house relating to the department.

⚫ Joint Parliamentary Committees: Members of these committees are selected from both Houses. They

are set up for the purpose of discussing a particular bill and for the purpose of investigating financial

irregularities.

Multiple Choice Questions (MCQs)-

➢ We call it a bicameral legislature when the legislature has:

(a) More than one house (b) Two house

➢ Bundestag and Bundesrat are the two houses in the legislature of:

(a) Italy (b) England (c) West Indies (d) Germany

➢ If there is disagreement between two Houses on a proposed bill, attempt is made to resolve it through:

(a) A President’s order (b) Joint Session of Parliament

➢ Which one of the following state does NOT have a bicameral legislature?

(a) Andhra Pradesh (b) Arunachal Pradesh (c) Bihar (d)U.P.

➢ Which one of the following is NOT a valid argument in favour of having a bicameral legislature?

(a) It gives representation to all sections in the society.

(b) It gives representation to all geographical regions or parts of the country.

(d) It reduces the workload of the house by half.

➢ Which Article of the Indian Constitution states that Money Bills shall not be introduced in the Rajya

Sabha?

(a) Article 109 (b) Article 14 (c) Article 15 (d) Article 209

➢ Which Schedule of the Constitution has fixed the number of members to be elected from each State to

the Rajya Sabha?

(a) 6th Schedule (b) 8th Schedule (b) 11th Schedule (b) 4th Schedule

Assertion and Reasons Based

DIRECTION: Mark the option which is most suitable :

(a) If both assertion and reason are true and reason is the correct explanation of assertion.

(b) If both assertion and reason are true but reason is not the correct explanation of assertion.

(d) If both assertion and reason are false.

➢ Consider the following statements and choose the correct response.

Assertion (A): Law-making is not merely a legal procedure but also a political course of action.

Reason (R): Political parties, media, and interest groups influence the government to introduce certain bills.

Ans- A

➢ Consider the following statements and choose the correct response.

Assertion (A): Committees are referred to as miniature legislatures.

Reason (R): Most of the detailed discussion on a bill takes place in the committees as they can meet

regularly.

Ans- A

➢ Consider the following statements and choose the correct response.

Assertion (A): A bill must be passed by both Houses of Parliament to become a law.

Reason (R): The Cabinet alone is responsible for enacting laws in India.

Ans- C

Very Short Answer Type Questions

➢ Write any one function of parliamentary standing committees.

Ans: They supervise the work of various departments, their budget, their expenditure and bills that come up

in the house relating to the department.

➢ What is deemed as ‘defection’ in the parliament?

Ans- If a member remains absent in the House when asked by the party leadership to remain present or

votes against the instructions of the party or voluntarily leaves the membership of the party, it is deemed as

defection.

➢ What is the significance of a Joint Session of Parliament in the legislative process?

Ans- If there is disagreement between the two Houses on a proposed bill, attempt is made to resolve it

through Joint Session of Parliament. They are called to resolve a deadlock.

➢ If the Union Parliament wants to move a subject from the State List to the Concurrent List in the

national interest, what role does the Rajya Sabha play?

Ans- In such cases, the approval of the Rajya Sabha is necessary. This requirement adds to the strength of

the Rajya Sabha as a representative body of the states.

➢ What is the difference between an Ordinary Bill and a Constitution Amendment Bill?

Ans- An Ordinary Bill deals with regular legislative matters whereas a Constitution Amendment Bill deals

with changes/ amendment to the Constitution itself.

Short Answer Type Questions

➢ How does the Parliament exercise financial control over the executive?

Ans- The budget can’t be passed unless it is approved by the majority of the Parliament. The Lok Sabha can

discuss the reasons for which the government requires money. It can also enquire into cases of misuse of

funds.

➢ Explain the term “Parliamentary privilege”.

Ans- No action can be taken against a member for whatever the member may have said in the legislature.

They can represent people’s voice effectively and fearlessly. Parliamentary privilege enables the MPs to

exercise effective control over the executive.

➢ Why is the Rajya Sabha considered an institutional mechanism to protect the powers of the States?

Ans- The Rajya Sabha is meant to provide representation to the States. Its purpose is to protect the powers

of the States. Therefore, any matter that affects the States must be referred to it for its consent and

approval. For example, if the Union Parliament wants to move a matter from the State List to the Union or

Concurrent List, the approval of the Rajya Sabha is necessary. This strengthens the federal structure by

ensuring that States have a say in national matters.

➢ The Rajya Sabha cannot initiate, reject or amend money bills. What constitutional logic supports this

limitation?

Ans- The Rajya Sabha is elected by the MLAs and not directly by the people. Therefore, the Constitution

stopped short of giving certain powers to the Rajya Sabha. In our democracy, the people are the final

authority, and the Lok Sabha, being directly elected by the people, should have crucial powers like removing

the government and controlling finances.

➢ Evaluate the statement: “The members of the Rajya Sabha represent their parties more than they

represent their States.” Do you agree? Justify.

Ans- Although the Rajya Sabha is meant to represent the States, experience shows that its members often

represent their parties more than their States. This implies that party allegiance tends to override regional

representation, possibly due to the method of their election through State Legislatures, often controlled by

political parties.

Long Answer Type Questions-

➢ Compare the powers of the Lok Sabha and the Rajya Sabha in relation to the removal of government,

impeachment of the President and money bills.

Ans- Removal of Government: The Council of Ministers is responsible to the Lok Sabha, not the Rajya

Sabha. Therefore, Rajya Sabha cannot remove the government.

Impeachment of the President/Removal of Vice President: In these cases, both Lok Sabha and Rajya Sabha

have equal powers.

Money Bills: Only the Lok Sabha can initiate, reject, or amend money bills. Rajya Sabha can only discuss

them, not vote. Rajya Sabha has limited powers regarding money bills. It can only suggest amendments

within 14 days, but cannot reject or amend them. The Lok Sabha may or may not accept these suggestions.

➢ Describe the process of law-making in the Indian Parliament highlighting the political, procedural, and

institutional aspects involved before and after the introduction of a bill.

Ans- Political considerations before introducing a Bill: Before a bill is even introduced, there is often

considerable political debate. Political parties may push for certain bills to fulfil election promises or to

increase their chances in future elections. Interest groups, media, and citizen forums may also influence the

government to introduce legislation. Thus, law-making begins as a political act influenced by various parties.

Drafting the Bill: The concerned ministry drafts the Bill. For instance, a bill raising the legal age of marriage

for girls would be drafted by the law ministry, possibly in consultation with other relevant ministries like

Women and Child Welfare.

Introduction in the Parliament: The bill may be introduced in either House—Lok Sabha or Rajya Sabha—by

a minister or a member. However, a money bill can only be introduced in the Lok Sabha. Once passed, it is

sent to the Rajya Sabha for consideration.

Committee Stage: Most bills are referred to Parliamentary Committees for detailed scrutiny. This is the

second stage of law-making. Committees are known as miniature legislatures because they discuss the bill

clause by clause and make recommendations.

Passing the Bill: In this stage, the bill is debated and voted upon. If passed by one House, it goes to the other

House, where the same procedure is followed. Both Houses must approve the bill for it to become law.

Joint Session in Case of Deadlock: If there is disagreement between the two Houses, a joint session may be

called. In all such instances so far, the decision has favoured the Lok Sabha due to its numerical strength.

Thus, law-making in India is a multi-stage process involving political motives, public influence, and

institutional scrutiny. It reflects the democratic spirit where various forces shape the creation of laws that

govern the country.

➢ List any five functions of the Parliament.

Ans- Please refer to point no. 6 of the notes.

➢ Why is the Rajya Sabha is called the permanent House of the Parliament? What is the advantage of this

nature of the Rajya Sabha? Mention the pattern of representation for states in it.

Ans- Sabha is called the permanent House of the Parliament because it never gets fully dissolved. All

members of the Rajya Sabha do not complete their terms at the same time. Every two years, one third

members of the Rajya Sabha complete their term and elections are held for those one third seats only.

The advantage of this arrangement is that even when the Lok Sabha is dissolved and elections are yet to

take place, the meeting of the Rajya Sabha can be called and urgent business can be conducted.

The pattern of representation for states in the Rajya Sabha is symmetric representation. Different states are

represented in the Rajya Sabha based on the size of their population. Eg: Uttar Pradesh 31, Sikkim 1.

➢ Elucidate the instruments of Parliamentary control over the executive?

Ans- Deliberation and discussion: During the law making process, members of the legislature get an

opportunity to deliberate on the policy direction of the executive and the ways in which policies are

implemented. Control may also be exercised through the Question Hour, Zero Hour, half-an-hour and

adjournment motion.

Approval and ratification of laws: A bill can become a law only with the approval of the Parliament. A

government that has the support of a disciplined majority may not find it difficult to get the approval of the

Legislature.

Financial control: The budget can’t be passed unless it is approved by the majority of the Parliament. The

Lok Sabha can discuss the reasons for which the government requires money. It can also enquire into cases

of misuse of funds.

No Confidence Motion: This motion is moved to determine the confidence of the House in the Council of

Ministers. Several governments in the past have been forced to resign due to lack of confidence of the

house. It is because they failed to retain the support of their coalition partners.

Competency based Questions

➢ Observe the following picture and answer the questions that follow:

➢ What message is the cartoon trying to convey about the behavior of MPs in Parliament?

Ans- The cartoon highlights the frequent disruptions and indiscipline in Parliament. The MPs claim that

they are not walking out (which is usually a form of protest), but are instead being “ordered out” due to

their misconduct.

➢ How can such instances affect the functioning of a democracy?

Ans- Repeated disruptions delay legislation, waste public money, and erode public trust in democratic

institutions. It weakens the accountability of the government and reduces the effectiveness of Parliament in

representing the people’s interests.

➢ Why do you think situations like MPs being “ordered out” occur in a democracy?

Ans- Such situations occur due to frequent disruptions, unruly behavior, or protests during parliamentary

proceedings. MPs may shout slogans, disobey the Speaker, or create disturbances, leading to their

suspension or forced exit to maintain order.

CHAPTER-6

JUDICIARY

Need for an independent judiciary:

⚫ An independent judiciary is required to uphold rule of law.

⚫ Rule of Law: The idea of rule of law implies that all individuals- irrespective of their personal background

and wealth are subjected to the same law. The principal role of the judiciary is to protect rule of law and

ensure supremacy of law.

Meaning of an Independent judiciary:

⚫ The other organs of the government like the executive and legislature must not restrain the functioning

of the judiciary in such a way that it is unable to do justice.

⚫ The other organs of the government should not interfere with the decision of the judiciary.

⚫ Judges must be able to perform their functions without fear or favour.

⚫ However, it does not imply arbitrariness or absence of accountability. The judiciary is accountable to the

Constitution.

Ensuring the independence of judiciary in India:

⚫ The legislature is not involved in the process of appointment of judges.

⚫ The judges have a fixed tenure. They hold office till reaching the age of retirement. Only in exceptional

cases, judges may be removed.

⚫ The judiciary is not financially dependent on either the executive or legislature. The Constitution

provides that the salaries and allowances of the judges are not subjected to the approval of the

legislature.

⚫ The actions and decisions of the judges are immune from personal criticisms.

Appointment of Judges:

⚫ Conventionally, the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.

This convention was however broken twice.

⚫ The other Judges of the Supreme Court and the High Court are appointed by the President after

consulting the CJI. In effect, the Council of Ministers too have a role in their appointment.

⚫ Chief Justice should recommend names of persons to be appointed in consultation with four senior-

most judges of the Court.

Removal of Judges:

⚫ The Constitution prescribes a very difficult procedure for removal of judges to ensure security of office.

⚫ A judge of the Supreme Court or High Court can be removed only on the ground of proven

misbehaviour or incapacity.

⚫ A motion containing the charges against the judge must be approved by special majority in both Houses

of the Parliament.

Structure of the Judiciary:

⚫ The structure of the judiciary in India is pyramidal with the Supreme Court at the top, High Courts below

them and district and subordinate courts at the lowest level.

⚫ This system is called single integrated judicial system. India does not have separate State courts like

other federal countries.

Jurisdiction of the Supreme Court:

⚫ Original Jurisdiction: Original jurisdiction means cases that can be directly considered by the Supreme

Court. It includes settling disputes between Centre and State and amongst states. Supreme Court alone

has the power to deal with cases involving federal matters.

⚫ Writ Jurisdiction: The Supreme Court can give special orders in the form of writs. The High Courts can

also issue writs, but the persons whose rights are violated have the choice of either approaching the

High Court or approaching the Supreme Court directly.

⚫ Appellate jurisdiction: The Supreme Court is the highest court of appeal. A person can appeal to the

Supreme Court against the decisions of the High Court. However, High Court must certify that the case

is fit for appeal. Appellate jurisdiction means that the Supreme Court will reconsider the case and the

legal issues involved in it.

⚫ Advisory jurisdiction: This means that the President of India can refer any matter that is of public

importance or that which involves interpretation of Constitution to Supreme Court for advice.

⚫ When the judiciary plays a proactive role in protecting the rights of citizens and moves beyond confining

to respond to cases brought before it by the aggrieved person. It does so through instruments like

PIL/SAL.

⚫ Public Interest Litigation (PIL) or Social Action Litigation (SAL): In normal course of law, an individual can

approach the courts only if he/she has been personally aggrieved. A PIL/SAL is a case filed not by the

aggrieved persons but by others on their behalf involving consideration of an issue of public interest.

Judiciary and Rights:

⚫ The Constitution provides two ways in which the Supreme Court can remedy the violation of rights.

They are as follows:

⚫ Writ power: The judiciary can restore fundamental rights by issuing writs of Habeas Corpus; mandamus

etc. (article 32). The High Courts also have the power to issue such writs (article 226).

⚫ Review power: The Supreme Court can declare the concerned law as unconstitutional and therefore

non-operational (article 13). This is called Judicial Review.

Judiciary and the Parliament:

⚫ The Indian Constitution is based on a delicate principle of limited separation of powers and checks and

balances.

⚫ Each organ of the government has a clear area of functioning. The Parliament is supreme in making laws

and amending the Constitution, the executive is supreme in implementing them while the judiciary is

supreme in settling disputes and deciding whether the laws that have been made are in accordance

with the provisions of the Constitution.

⚫ The Supreme Court in the Kesavananda Bharati case ruled that there is a basic structure of the

Constitution and nobody—not even the Parliament (through amendment)—can violate the basic

structure.

Multiple Choice Questions (MCQs)

➢ Which one of the following is NOT a function of the High Courts in India?

(a) Can hear appeals from the District Courts (b) Can issue writs

➢ Which is the apex court in India?

High Courts (b) District Courts (c) Supreme Court (d) Subordinate Courts

➢ In which one of the following case the Court ruled that there is a basic structure of the Constitution and

nobody—not even the Parliament (through amendment)—can violate the basic structure?

(a) Maneka Gandhi v. Union of India (b) Indra Sawhney and others v. Union of India

➢ Which one of the following right was taken away from the list of fundamental rights in 1979?

(a) Right to Freedom (b) Right against Exploitation

➢ Which one of the following countries in Africa has incorporated Public Interest Litigation (PIL) in its bill

of rights?

(a) South Africa (b) Morocco (c) Egypt (d) Zimbabwe

➢ Which one of the following is NOT a valid argument in favour of having an independent judiciary?

(a) The other organs of the government should not interfere with the decision of the judiciary.

(b) Judges must be able to perform their functions without fear or favour.

(d) An independent judiciary is a hallmark of healthy democracy across the world.

➢ Suppose that the central government has made a law, which according to some States, concerns a

subject from the State list. The States goes to the Supreme Court and the court agreed with them. The

court declared that the law is unconstitutional. Which one of the following mechanism had been used

by the Court?

(a) Writ power (b) Judicial Review (c) Advisory jurisdiction (d) None of the above

Very Short Answer Type Questions

➢ Which courts have the authority to issue writs?

Ans- The Supreme Court and the High Courts.

➢ Mention two benefits of the advisory jurisdiction of the Supreme Court.

Ans- Firstly, it allows the government to seek legal opinion on a matter of importance before taking action

on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme

Court, the government can make suitable changes in its action or legislations.

➢ What do you understand by the term Judicial Review?

Ans- Judicial Review means the power of the Supreme Court (or High Courts) to examine the

constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the

provisions of the Constitution, such a law is declared as unconstitutional and inapplicable. It is implicit in the

Indian Constitution.

➢ How has the mechanism of PILs been a positive step of the judiciary?

Ans- Trough PILs the judiciary allowed public spirited citizens, social organisations and lawyers to file

petitions on behalf of the needy and the deprived. PILs have democratised the judicial system.

Short Answer Type Questions

➢ Which were the two instances when the convention of appointing the senior-most judge of the

Supreme Court as the Chief Justice of India was broken?

Ans- First, in 1973 when A. N. Ray was appointed as CJI superseding three senior Judges. Again, in 1975

when Justice M.H. Beg was appointed superseding Justice H.R. Khanna.

➢ What do you understand by the principle of collegiality?

➢ Ans- It is followed in making recommendations for appointments by the CJI. The procedure that Chief

Justice should recommend names of persons to be appointed in High Courts and the Supreme Court as

judges in consultation with four senior-most judges of the Court is called principle of collegiality in

judiciary.

➢ What do you understand by single integrated judicial system?

Ans- The structure of the judiciary in India is pyramidal with the Supreme Court at the top, High Courts

below them and district and subordinate courts at the lowest level. The ruling of a higher court is binding on

all subordinate courts. This system is called single integrated judicial system. India does not have separate

State courts like other federal countries. E.g.: Unlike India, USA has State courts and a Federal court. This

system is called single integrated judicial system.

➢ What is the jurisdiction of a High Court?

Ans- A High Court deals with cases within the jurisdiction of the state. It can issue writs for restoring

Fundamental Rights. It can hear appeals from lower courts; exercise superintendence and control over

them.

➢ What is the special power of the Supreme Court of India in its appellate jurisdiction?

Ans- A person can appeal to the Supreme Court against the decisions of the High Court. Appellate

jurisdiction means that the Supreme Court will reconsider the case and the legal issues involved in it. The

special power is that the Supreme Court can grant special leave to an appeal from any judgement or matter

passed by any court in the territory of India.

➢ Article 144 of the India Constitution states that “...All authorities, civil and judicial, in the territory of

India shall act in aid of the Supreme Court”. What does this Article speak about the powers of the

Supreme Court?

Ans- This Article reveals that the Supreme Court is the apex court of India. Decisions made by the Supreme

Court are binding on all other courts within the territory of India. Orders passed by it are enforceable

throughout the length and breadth of the country.

➢ Suppose two states in India have a dispute over the construction of a multi-purpose river dam on a river

that flows from one state and goes through the other. Which court can arbiter over this dispute and

why?

Ans- The dispute involves two states of India and thus the matter can only be decided by the Supreme

Court. It involves a federal matter and Supreme Court alone has the power to deal with cases involving

federal matters. This matter will come under the Original Jurisdiction of the court.

Long Answer Type Questions

➢ Analyse the role of the Supreme Court as an umpire in disputes involving federal relations. Which

jurisdiction of the court comes into play in such cases?

Ans- The Original Jurisdiction of the Supreme Court establishes it as an umpire in all disputes regarding

federal matters. In any federal country, legal disputes are bound to arise between the Union and the States;

and among the States themselves. The power to resolve such cases is entrusted to the Supreme Court of

India. It is called original jurisdiction because the Supreme Court alone has the power to deal with such

cases. Neither the High courts nor the lower courts can deal with such cases. For example: The Supreme

Court used its Original Jurisdiction to adjudicate the Cauvery Water dispute between Karnataka and Tamil

Nadu.

➢ What do you understand by the principle of limited separation of powers and checks and balances?

Ans- This means that there is clear cut division of power among each organ of the government. Each of

them has a clear area of functioning. The Parliament is supreme in making laws and amending the

Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling

disputes and deciding whether the laws that have been made are in accordance with the provisions of the

Constitution. One organ checks over the other such that no one becomes too powerful or unaccountable.

This is called horizontal power sharing. Democratic government is based on each organ of government

respecting the powers and jurisdiction of the others.

➢ What do you understand by independence of Judiciary? What measures have been adopted in India to

protect this independence?

Ans- The independence of judiciary means that other organs of the government like the executive and

legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. The

other organs of the government should not interfere with the decision of the judiciary. Moreover, judges

must be able to perform their functions without fear or favour. However, it does not imply arbitrariness or

absence of accountability. The judiciary is accountable to the Constitution.

The measures that have been adopted in India to protect the independence of judiciary include that in India,

the legislature is not involved in the process of appointment of judges. The judges have a fixed tenure. They

hold office till reaching the age of retirement. Only in exceptional cases, judges may be removed. The

judiciary is not financially dependent on either the executive or legislature. The Constitution provides that

the salaries and allowances of the judges are not subjected to the approval of the legislature. The actions

and decisions of the judges are immune from personal and unfair criticisms.

➢ Write a note on the Jurisdiction of the Supreme Court of India.

Ans- Please refer to point no. 7 of the notes.

➢ Illustrate how the mechanism of PIL has democratized the judicial system?

Ans- In normal course of law, an individual can approach the courts only if he/she has been personally

aggrieved. A PIL/SAL is a case filed not by the aggrieved persons but by others on their behalf involving

consideration of an issue of public interest. PILs have democratised the judicial system in many ways. PILs

have enabled the judiciary to move beyond confining to respond to cases brought before it. Through PIL, the

court has also expanded the idea of rights. The judiciary has also shown readiness to take into consideration

rights of those sections who cannot easily approach the courts since 1980s through PILs. For this purpose,

the judiciary allowed public spirited citizens, social organisations and lawyers to file petitions on behalf of

the needy and the deprived. It has forced executive accountability.

Case Based Questions-

➢ Read the following sentences and answer the question that follows.

“The removal of judges of the Supreme Court and the High Court’s is also extremely difficult. A judge of the

Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity. A

motion containing the charges against the judge must be approved by special majority in both Houses of the

Parliament.”

➢ Is it easy for the Parliament to remove a Judge?

Ans-Constitution has prescribed a very difficult procedure for removal of judges. It is very difficult for any

Party to gain special majority in both houses of the Parliament. It means that unless there is a general

consensus among Members of the Parliament, a judge cannot be removed.

➢ Why do you think the Constitution has prescribed such a procedure for removal of judges?

Ans- Constitution has prescribed such a procedure to ensure security of tenure for the judges. Security of

tenure ensures that judges can function without fear or favour to uphold rule of law and fairness.

CHAPTER-7

FEDERALISM

⚫ Introduction:

Federalism is a system of government in which powers are divided between a central authority and

various constituent units, such as states or provinces. This chapter helps students understand the

concept of federalism, how it functions in India and other countries, and why it is essential in a diverse

nation like ours. It explores the key features of a federal system, the division of powers and

responsibilities among different levels of government, and the important role of the judiciary in

maintaining this balance.

⚫ The idea of Federalism started with the establishment of United States of America in 1787. Federalism is

a system of government in which power is divided between a central authority and various constituent

units of the country.

⚫ India is a land of continental proportions and immense diversities. There are more than 22 major

languages and several hundred minor ones and also it is home of several major religions. In spite of all

these diversities, we share a common land mass. India is a country where there is unity in diversity.

Federalism helps in maintaining unity in diversity by distributing power between the central and

regional governments, which allows for local autonomy and cultural recognition while preserving

national unity.

⚫ Federalism ensures two levels of government.

⚫ Each level has independent powers as given by the constitution.

⚫ It promotes unity in diversity by allowing different regions to govern themselves while staying united as

one country.

⚫ To prevent conflicts between the central government and states government, there is an independent

judiciary to settle disputes.

⚫ The effective functioning of a federation relies not just on constitutional rules but also on trust,

cooperation and mutual respect among its units. When a single group or ideology dominates, it can

cause resentment and lead to serious conflicts, including demands for secession or even civil wars, as

seen in several countries.

Federalism in the Indian Constitution

⚫ Some scholars of government, Political debaters describe India as a quasi-federal state, and some even

regard it as more unitary than federal. There is different opinion about whether India is a unitary or a

federal country. The Indian Constitution used the word “Union” instead of using the word “federal”.

Article “1” of the Indian Constitution states- India that is Bharat shall be a Union of states.

⚫ There is a question about whether India is a federal country or not. To analyze this we have to know

some features of Indian constitution.

Some federal features of Indian Constitution are:

⚫ Written Constitution: The constitution of India is a comprehensive written document that clearly

defines the powers and functions of both the centre and the states, which is a typical feature of a

federal system. The Indian constitution is the world’s longest written constitution.

⚫ Division of Power: Division of powers between central and state government is an important feature of

federation. Our Constitution divided the powers between centre and state through three lists—central

list, state list and concurrent list. The central government make laws on the subject of union list, state

government make law on state lists and both the central and state government can make laws on the

subject in the concurrent list.

⚫ Two sets of Government: The Indian Constitution has the provisions for dual polity. In India, there is a

central government and each state has its own government and jurisdiction.

⚫ Independent Judiciary: Like America, Indian Constitution also provides for a supreme court. The

disputes between states are to be solved by the Supreme Court. If the central or state governments

make laws against the constitution then the Supreme Court will declare such laws as null and void. The

Supreme Court is the guardian of Indian constitution.

Let us look at the important provisions that create a strong central government:

⚫ Formation of a new state: The

Constitution has given the power of

breaking a state into newer states or

bringing together two or more states to

form one state on the parliament. This

provision strengthens the powers of central

government.

⚫ Emergency Provision: Constitution has

certain very powerful emergency provisions,

which can turn our federal polity into a

highly centralized system, once emergency

declared. There are three types of

emergency provisions in our constitution---

National Emergency (Article 352),

President’s Rule (Article 356), Financial

Emergency (Article 360). During this

emergency period, powers become lawfully

centralized.

⚫ Financial powers: The Constitution of

India described in details the financial

relationship between Centre and Sates.

However, it has given more power to central

government. Basically the States are

dependent on Centre for grants and loans.

At present, States need more money from

the Centre for financing the welfare policies of the state governments. Therefore, the central

government can control some state financial affairs.

⚫ All-India Services: Officers selected for All Indian Services like IAS (Indian Administrative Services), IPS

(Indian Police Service) are appointed in the high official posts. They serve under the central government,

even while working in the States. Hence, they are more accountable to the central governments. The

presence of All India Service officials in state proves the influence of Centre on States.

Conflicts in India’s Federal System

⚫ We have seen that the constitution has vested very strong powers in the Centre. Thus, the constitution

recognizes the separate identity of the regions and yet gives more powers to the Centre. Once the

principle of identity of the State is accepted, it is quite natural that states would expect a greater role

and powers in the governance of the state and country as a whole. This leads to various demands from

the States. It may create more tensions and conflicts in the relations between the Centre and States. To

understand the terms conflict and tensions, we must analyse the Centre-State relationship.

Centre-State relations:

⚫ Foundation of Federalism (1950s and early 1960s): Jawaharlal Nehru played a remarkable role in laying

the foundation of Indian federalism during this period.

⚫ Congress party dominance over both the Centre and States.

⚫ Shift in Political Landscape (Middle of 1960’s): Congress Party dominance declined in the mid 1960’s.

⚫ Opposition parties came into power in a large number of states.

⚫ Demands for Autonomy:

⚫ Many States and even many political parties have demanded autonomy from time to time. Hence,

Autonomy refers to different things for different States and Political parties. That is mentioned in

below—

1. Shift in Division of Powers:

2. Financial Autonomy Demands:

3. Administrative Autonomy Demands:

4. Cultural and Linguistic Autonomy Demands:

5. Role of Governors and President’s Rule:

⚫ The role of Governors has always been a controversial issue between the states and central

government. The Governors is not an elected office-holder.

⚫ Many Governors have been retired military officers, Civil Servants, or Politicians, raising concern about

political neutrality.

⚫ The Governors actions are often perceived as interference by the Central government in State affairs.

⚫ Tensions between the Centre and State increase when different political parties are in power at each

level.

⚫ The Sarkaria Commission (1983-1988) recommended that the

appointment of Governors should be completely free from political

bias.

President’s Rule:

⚫ Article 356 allows the President of India to impose President’s

rule in a state if the state government cannot function according to

constitution. When the President’s Rule imposed, the union

government takes direct control of the state’s administration.

⚫ The Governor has the authority to recommend the dismissal of

the state government and to suspend or dissolve the state

assembly.

Demands of New States:

⚫ Tension in federal System: A significant source of tension in

India’s federal system has been the demand for the creation of new

states.

⚫ Creation of Linguistic States: After Independence, the States

Reorganization Commission (1953) recommended forming states

based on linguistic groups, leading to the creation of linguistic sates

in 1956.

Inter-state Conflicts:

⚫ States often have disputes with the Centre over autonomy and

revenue sharing. There are also frequent conflicts between states

regarding resources. Though legal mechanisms exist, such disputes

often have political implications. Hence, they are best resolved

through negotiations and mutual understanding.

⚫ Types of Inter-state Disputes: Inter-state conflicts in India are

divided into two categories. Border Disputes:

⚫ Maharashtra vs. Karnataka: Dispute over the city of Belgaum.

⚫ Manipur vs. Nagaland: Ongoing conflict over shared border areas.

⚫ Punjab vs. Haryana: Dispute over the Chandigarh, which serves as the capital of both states. In 1985, an

agreement led by Prime Minister Rajiv Gandhi promised to solve the dispute, but this has not happened

yet.

⚫ River Water Disputes:

⚫ Cauvery-Water Dispute (Tamil Nadu Vs Karnataka): Both the states depend on Cauvery River for

agriculture and drinking water. Although it is a river related issue, the matter has reached the Supreme

Court.

⚫ Narmada River Dispute (Gujarat, Madhya Pradesh, and Maharashtra): These states struggle over the

sharing of Narmada waters, impacting agriculture and water supply.

Special Provisions:

⚫ The most extra-ordinary feature of federal arrangement created in India is that many states get a

differential treatment.

⚫ The constitution ensures special provisions to North- Eastern states (Assam, Nagaland, Arunachal

Pradesh, and Mizoram) with significant indigenous tribal populations.

⚫ Special provision also exists for hilly states like Himachal Pradesh and other states (Andhra Pradesh,

Goa, Gujarat, Maharashtra, Sikkim, and Telangana).

⚫ Jammu and Kashmir’s Special Status (Article 370):

⚫ Indian Parliament needed J&K’s consent to make laws on Union and Concurrent

⚫ No emergency could be imposed in J &K without state approval.

⚫ J&K had its own constitution, flag and more autonomy than other states.

⚫ At present, the special status given under 370 no longer exists. By the Jammu& Kashmir reorganization

Act 2019, the state has divided into two Union Territories-Jammu, Kashmir, and Ladakh. The new

arrangement has come into effect from 31 October 2019.

MCQs:

1. Which of the following is a federal feature of the Indian Constitution?

A) Single Citizenship B) Single integrated judiciary

C) Division of Power D) Unitary System

2. In how many lists is the distribution of powers between the Union and the States made under the Indian

Constitution?

A) 5 B) 3 C) 6 D) 2

3. The concept of Federalism in India is borrowed from which country?

A) United States of America B) Canada C) Russia D) Australia

4. Residuary powers in India lie with

A) States B) Both Centre and States C) Judiciary D) Union Government

5. Which one of the following article declares India a “Union of States”?

A) Article 1 B) Article 21 C) Article 4 D) Article 2

6. In which list does railways comes?

A) Union list B) State list C) Concurrent list D) Residuary powers

7. The main objective of the federal system is to_____.

A) Accommodate regional Diversity B) Promote Diversity

C) Make Centre more powerful D) Distribute finances to different organs

8. Article 356 of Indian constitution deals with:

A) National emergency B) State emergency

C) Financial Emergency D) Armed Conflict

9. Which Commission was appointed by the central government to examine the issues relating to Centre-

State relations?

A) Punchhi Commission B) Rajmannar Commission

C) Sarkaria Commission D) None of these

Very Short Type Questions

1. Define Federalism.

2. Which country is the first to adopt federalism through its Constitution?

3. What does the term “decentralization “mean in federalism?

4. What do you mean by residuary power?

5. What happens to the division of powers between the Centre and States during an emergency?

6. What do you understand by “dual polity” in a federal system?

7. How many major languages are there in India?

8. Mention any one unitary features of the constitution of India.

Ans-

1. Federalism is a system of government in which power is divided between a central authority and various

constituent units of the country.

2. America.

3. Decentralization in federalism means the transfer of powers from the central government to lower

levels of government, like state or local bodies, to ensure better governance.

4. Residuary powers are the subjects that are not mentioned in any of the three lists (Union, State, or

Concurrent) and are given to the central government.

5. During an emergency, the central government gets more power and can make laws on subjects in the

State List.

6. Dual polity in a federal system means there are two levels of government—one at the central level and

one at the state level.

7. 22

8. Single citizenship

Short Types Question-

1. Which article of Indian Constitution describes India as a “Union of States”? What does this imply?

2. Why is India considered a quasi-federal state?

3. Give one example of how the Union Government can influence the state government under the Indian

federal system.

4. How does the distribution of powers in Indian Constitution reflect the dominance of the Centre?

5. Do you think strong central government is necessary in a diverse country like India?

Give reason.

Ans-

1. Article 1

2. India is considered a quasi-federal state because it has features of both federal and unitary systems.

Power is divided between the Centre and States but during emergencies, the Centre becomes more

powerful.

3. One example is that the Governor, appointed by the Union Government, can reserve a state bill for the

President’s approval, allowing the Centre to influence state laws.

4. The distribution of powers in the Indian Constitution reflects the dominance of the Centre in the following

ways:

i) Union List is larger than the State List, giving more subjects to the Centre.

ii) Residuary powers are with the Centre, not the states.

iii) During an emergency, the Centre can make laws on State subjects and control state functions.

5. Yes, a strong central government is necessary in a diverse country like India because:

I) It helps maintain unity and integrity among various states and cultures.

ii) It can effectively handle national issues like defense, foreign affairs, and natural disasters.

iii) It ensures uniform policies and balanced development across the country.

Long Type Question

1. List four features of the Indian Constitution that give greater power to the central government than the

state government.

2. How does the distribution of powers between the Centre and the States reflect the federal character of

the Indian Constitution? Explain with examples.

3. Explain Unity in diversity in Indian perspective?

4. What were the special provisions for Jammu & Kashmir under article 370? How were they different

from provisions for other states?

5. What are the main reasons for conflicts between the Centre and states in India? Explain it with suitable

examples.

6. What role does the Governor play in the Indian federal system? Why some states feel that, the

Governor acts in a biased manner.

7. Should some states be governed by special provisions? Does this create resentment among other

states? Does this help in forging greater unity among the regions of the country.

Ans-

1. The four features of the Indian Constitution that give more power to the central government than the

state governments:

i. Union List – Only the central government can make laws on subjects in the Union List.

Ii. Emergency Provisions – In times of emergency, the central government can make laws on state subjects.

iii. Appointment of Governors – Governors are appointed by the central government and act as its

representatives in states.

iV. Single Constitution and Citizenship – India has one Constitution and single citizenship for the entire

country.

2. i) Three Lists in the Seventh Schedule – Powers are divided into Union, State, and Concurrent Lists,

ensuring clear jurisdiction.

ii) State Autonomy – States can make laws on subjects in the State List, like police and public health.

iii) Concurrent List – Both centre and states can make laws on subjects like education and forests, promoting

cooperative federalism.

iv) Judicial Review – The Supreme Court resolves dispute between centre and states, maintaining the federal

balance.

3. Many languages, religions and culture, common Indian identity, Constitutional provision for diversity,

federal structure respecting regional differences, coexistence of festivals –traditions, democracy and

secularism for ensuring harmony.

4. Article 370 gave Jammu & Kashmir special autonomy with its own Constitution, and central laws applied

only with the state’s consent. The state could appoint its owner Governor and had special property rights for

residents. It also had the right to have a separate flag and official language.

Difference from other states:

Other states do not have separate constitutions, central laws apply directly in other states, and Governors

are appointed by the Centre in other States, no special property or citizenship rights in other states.

5. i) Division of Power ii) Financial Relations iii) Language Issues

iv) Political Differences v) Regionalism and Demand for Autonomy

vi) Implementation of Central Laws

6. The Governor is the constitutional head of a state and acts as a link between the Centre and the state.

They appoint the Chief Minister, summon and dissolve the state legislature, and ensure the state

government functions according to the Constitution. The Governor also reports to the President in case of

emergencies in the state.

i) They sometimes favor the Centre's political interests over the State’s.

ii) Interference in state politics and government formation.

iii) Delays or refusals in giving assent to state bills.

iv) Use of discretionary powers to undermine state government.

7. Yes, some states with unique cultural, historical, geographical situations require special provisions to

protect their identity and address specific regional needs.

Yes, it may create resentment as other states might feel unequal treatment by the Centre, especially in

financial or legal matters.

No, this does not forge greater unity among the regions of the country.

*********************************************************************

CHAPTER-8

LOCAL GOVERNMENTS

Local Government:

⚫ Local government refers to governance at the village and district levels. It is the closest form of

administration to the common people, providing quick and cost-effective solutions to their everyday

problems. With constitutional recognition, local self-governing institutions are often regarded as the

foundation of democracy.

⚫ Democracy means meaningful participation and accountability. This means that people should have a

real role in decision-making, and leaders should be answerable to the people. Strong and active local

government helps make this possible.

⚫ The general public is more familiar with local governance than the state government or the central

government.

Local Governance in Independent India:

⚫ After the 73rd and 74th amendment of the constitution, the local governance got the strong base.

Before this, the community development programme of 1952 was another effort in this field. In this

background under the rural development programme a three tier Panchayati Raj system was started on

the recommendation of 1959 committee. These bodies were very much dependent on the state and

central government. After 1987 an intense review of these institutions was started.

⚫ In 1989 the P.K. Thugan Committee recommended Constitutional starts to the local governance bodies.

⚫ The constitution of Brazil provides the province, federal district and municipal council system.

⚫ 73rd and 74thConstitutional Amendments of the Constitution:- In 1992, the Parliament passed the 73rd

and 74th Constitutional Amendments.

⚫ 73rd constitutional amendment is related to local governance of the village, it is related to Panchayati

raj system, 74th constitutional amendment is related to urban local governance.

Development of Local Governance: -

⚫ In ancient India, communities were existed in the form of councils or Sabha which run their own rule. In

modern times, elected bodies came into existence after 1882, at that time they were called Mukami

Boards.

⚫ After the formation of the Government of India Act of 1919, Gram Panchayats were formed in many

provinces. When the constitution was made, the subject of local governance was handed over to the

states. It is also discussed in the Directive Principles of State Policy of the Constitution.

⚫ Mahatma Gandhi Ji also talked about strengthening the gram panchayats and decentralization of power

and termed it as an effective tool.

Why do we need local governance?

⚫ To establish a strong democratic system.

⚫ To ensure the local level of political and economic participation.

⚫ For access of ordinary citizens to their representatives.

⚫ To make the public welfare work successfully and faster.

⚫ For mutual coordination and successful administration.

73rd AMENDMENT - Some provisions of 73rd Constitutional Amendment:-

⚫ The Three tiers Structure now a three-tier structure of the Panchayati Raj system in all the states.

1. rst placThird place - District Panchayat

2. Second place - Block Committee

3. Fie- Gram Panchayat.

Elections:- The elections at all three levels of Panchayati Raj Institutions

are conducted directly by the public. The duration of each body is 5

years.

Reservation:- One third seats are reserved for women. There is a provision for reservation for Scheduled

Castes and Scheduled Tribes in proportion to their population. If the government of the state wants, then

other backward classes (O.B.C.) can also given reservation in the seats.

The tribal populated areas of many states of India were kept away from the provisions of the 73rd

Constitutional amendment but in 1996 a separate law was enacted and these areas were also included in

the provisions of Panchayati Raj.

State Election Commissioner:- It is necessary for the states to appoint a state election commissioner. The

responsibility of this Election Commissioner will be to conduct elections to Panchayati Raj institutions.

The State Finance Commission:- It is necessary for the government of the states to form a regional finance

commission on every 5 years. This commission will ever keep an eye on the economic status of local

government institutions in the state.

74th AMENDMENT: - The 74th Amendment Act of 1992 granted constitutional recognition to Urban Local

Bodies in India, aiming to strengthen democracy at the grassroots level in urban areas. It provided for the

establishment of three types of municipalities: Nagar Panchayats for transitional areas, Municipal Councils

for smaller urban areas, and Municipal Corporations for larger cities. The amendment ensured regular

elections, fixed terms for municipal bodies, and provisions for reservation of seats for Scheduled Castes,

Scheduled Tribes, and women. It also mandated the formation of State Finance Commissions to improve

financial accountability and efficiency in urban governance.

Implementation of 73rd and 74th Constitutional Amendments (1994- 2023)

⚫ Local body elections have been held many times in the states during this period. Due to the election of

local bodies, there has been a tremendous increase in the number of elected representatives. The

power and self confidence of women has increased significantly.

⚫ Transfer of Subjects:- The amendment of the constitution has handed over 29 subjects to the local

government. All these topics are related to the needs of local development and welfare

Local Government Subjects:-

⚫ Some topics of the eleventh schedule are - Health and family, Market and fair, Agriculture, Irrigation,

Small Scale Industry, Rural Development, Roads, Drinking Water, Rural Electrification, Library, Public

Distribution System, Welfare of Weaker Sections, Social Welfare, Poverty Alleviation, Women and

Child Development, Technical Training etc.

Problems of Local Governance:-

MCQs

➢ The first state in the country to adopt the Panchayati Raj system on 2nd October, 1959 was?

A. Andhra Pradesh B. Rajasthan. C. Bihar D. Orrisa (Odisha)

➢ The 'National Panchayati Raj Day' is celebrated every year on.

A. l0th April B. 14th April C. 24th April D. 20thApril

➢ Which of the following Article is related to Panchayati Raj?

A. Article 243 B. Article 324 C. Article 124 D. Article 73

➢ What is the main purpose of Panchayati Raj System?

A. To increase agricultural production

B. To make people participate in developmental administration

C. Economic Development

D. To make people politically conscious

➢ In which of the following city the first Municipal Corporation was set up in India?

A. Culcutta(Kolkata) B. Madras (Chennai) C. Bombay(Mumbai)D. Delhi

➢ Which amendment is related with urban local government?

A. 73rd B. 74th C. 92nd D. 25th

➢ Which of the following States has no Panchayati Raj institutions?

A. Nagaland B. Rajasthan C. Bihar D. Tamilnadu

➢ Which of the following stands between Zila Parishad and Village Panchayat?

A. Mandal Panchayat B. Block Committee C. Gram Sabha D. Municipal Committee

➢ Which of the following system is established on the basis of direct election?

A. Gram Panchayat B. Block Committee C. Both(A) and(B) D. None of the above

➢ Which of the following statement is correct?

A. The Gram Panchayat is headed by the Sarpanch

Problem of Local

Government

Lack of

funds

Unaware

Public

Spending

more than

income

Relying on

government

for financial

help

B. The Panchayat Samiti is headed by the Chairman

C. The Zila Parishad is headed by the Chairman

D. The Sarpanch and the Chairman are elected directly by the people

➢ Which of the following is one of the sources of revenue of village panchayats?

A. Sale Tax B. House Tax C. Income tax D. Local Taxes on land

➢ One third of total number of seats of Panchaayat are reserved for which of the following group?

A. Other Backward Classes B. Scheduled Tribes C. Schedule Cast D. Women

➢ A person to be qualified for standing in Panchayat election must have attained the minimum age of-

A. 21 years B. 18 years C. 25 years D. 30 years

➢ In which state direct elections to all tiers of the Panchayat were held very first after the 73th

Amendment came into force?

A. Andhra Pradesh B. Rajasthan C. Madhya Pradesh D. Karnataka

➢ The Panchayati Raj institutions in India get their funds mainly from-

A. Voluntary contributions. B. Property tax C. Local taxesD. Government grants

➢ Which schedule was added in to the Constitution by the 73rd Constitutional Amendment?

A. 6th B. 7th C. 9th D. 11th

➢ In 1989, P.K. Thungon Committee recommended the constitutional recognition of-

A. Local govement B. Electoin commission C. Lokpal D. Financial commission

➢ At which level Local Governments not work?

A. At state level B. At district level C. At block level D. At village level

What is the objective of local Government†

A. Participation of women in politics B. Give finance to people

B. Decentralization of Powers. D. Both A and C

Very Short Type Questions-

1. Give two reasons for not having a strong local governance in India.

Ans- Castiesm. Factionalism, Communalism

2. What does the word URBAN AREA means ?

Ans- (I) Population at least 5000. (ii) More than 75% of working men work separately from farming. (iii) The

density of population should be 400 people per square kilometer.

3. What are the functions of Gram Panchayats? Mention any two.

Ans- Arrangements of cleanliness, electricity, water etc construction of roads, registration of births and

deaths etc.

4. Explain what has changed in the social status of women by the giving reservation in Panchayati

Institutions ?

Ans- Today, many women hold positions like Sarpanch and Mayor. They have gained more power and sell

confidence than before. Political understanding of women has increased.

5. What are the benefits of local governance to ordinary citizens?

Ans- Solutions to the problems of citizens has been done very fast and at a low cost. Political participation

of citizens increased.

6. ”The local government could not perform its task with the efficiency for which it was founded” Why?

Ans- There is a lack of money. The expense is more in proportion to the income, so there is dependence

on State governments and Central government for grant.

7. For how many years is the Finance Commission of the state made and what is its main function?

Ans- To estimate the economic status of local government institutions, for 5 years.

8. Recently elections have been held in some vacant places of Municipal Corporation, what do you think

was the reason for holding these election?

Ans- These places must have been vacant due to many reasons:-

I. Due to the death of a Councillor

II. Changing the party by a Councillor

III. Becoming an MLA of a Councillor

9. The system of Panchayati Bodies was in our country even in ancient times, what improvements have

been made in their functioning in the present times?

Ans- Even in ancient times there were local institutions, but they were not accountable to the public, today

these institutions are more responsible and also accountable to the public.

10. With what tittle is the head of a municipal corporation called? How long is his/her tenure?

Ans- Mayor, 1 year.

Short Type Questions-

1. What is the importance of local governance?

Ans- Local governance is very important in our lives, if local subjects remain with the local representatives,

then the daily based problems of the lives of citizens can be resolved at a fast pace and at a low cost.

2. Write four functions of Municipal Corporation and Municipalities?

Ans- Management of cleanliness, provision of electricity, arrangement of drinking water, registration of

birth and death rates, construction and repair of roads, arrangement of cremation ghats etc.

3. How many municipal corporations were there in Delhi before a few days? What was the reason for the

formation of so many corporations?

Ans- That time, there were three municipal corporations in Delhi. The population of Delhi is increasing day

by day and their problems too. One municipal corporation was not able to solve all the problems as

efficiently as three municipal corporations were able to do.

4. To what extent are the municipal corporations successful in solving the problems of the general public?

Ans- Municipal corporations are notable to solve the problems of the public to the extent that they can,

even today the roads remain broken. Garbage heaps can be seen somewhere. The problem of water,

electricity has been solved, but still common citizens have to deal with these two Problems during the

summer.

5. What are the problems before the Panchayati Raj Institutions?

Ans- Money problem, public awareness, political interference, disproportionate expenditure.

Six Marks Questions

What is the meaning of local government and what is its effect on the everyday life of citizens?

What is the meaning of the Panchayati Raj system, if you were district collector, what problems would you

solves in the village?

lf the local bodies were not there, then the day-to-day problems of the citizens would be solved or not?

Why?

Where does the Municipal Corporation get its income? Is this money sufficient to solve the problems of the

citizens? Why?

If you had been the Sarpanch of your village, What kind of hindrance would society have caused in your

work, then how could you have got rid of those obstacles?

CHAPTER-9

CONSTITUTION AS A LIVING DOCUMENT

Introduction:

What keeps a nation united through decades of political turmoil, social change, and economic

transformation? For India, the answer lies in a single, living document: its Constitution. Unlike many

countries that have torn up and rewritten their constitutions to suit changing times —India has sustained

one Constitution since 1950. What makes this possible? the answer is, our constitution is living document.

India's founding charter was never meant to be frozen in time. Instead, it was designed to grow, evolve, and

respond to the aspirations of a diverse and dynamic society. Through amendments, reinterpretations,

political negotiations, and judicial insights, the Constitution has remained both deeply rooted in democratic

ideals and open to change.

From the historic Kesavananda Bharati judgment that introduced the idea of a "basic structure," to the

heated debates during the Emergency and the spirit of political consensus in the 1990s, this living document

has seen it all. It's a story not just of law and governance, but of resilience, flexibility, and the power of

democratic imagination.

Key points-

The Indian Constitution can be amended according to the needs of the time;

Though many such amendments have already taken place, the Constitution has remained intact and its

basic premises have not changed;

The judiciary has played an important role in protecting the Constitution and also in interpreting the

Constitution; and

The Constitution is a document that keeps evolving and responding to changing situations.

The Indian Constitution Can Be Amended According to the Needs of the Time The Indian Constitution,

adopted in 1949 and operational since 1950, stands as a remarkable testament to both stability and

adaptability in governance. Unlike many nations that have rewritten their constitutions in response to

political upheavals or societal shifts, India has continued with its original Constitution, amending it as

necessary to meet the changing needs of society. This dynamic character is what makes the Indian

Constitution a true "living document.

When the Constitution was drafted, the framers understood that no society remains the same forever. Every

nation/society undergoes change socially, politically, economically, and technologically. People's needs,

values, and challenges change with time, and a rigid Constitution can become a barrier to progress, leading

to governance crises or public dissatisfaction.

To address this, the Indian Constitution includes a built-in mechanism for amendment which balances

flexibility and Stability. This means Parliament has the power to make changes to the Constitution when

necessary. This power is granted under Article 368, which empowers Parliament to alter its provisions. The

amendment process was deliberately crafted to strike a balance between rigidity and flexibility. It outlines

different procedures for different types of amendments- some simple, others more complex. For instance:

Simple Majority Amendments: Certain provisions, such as the creation of new states (Articles 2 and 3), can

be amended by a simple majority in Parliament. This makes these aspects highly adaptable to administrative

needs.

Special Majority Amendments: Most constitutional amendments require a "special majority". Most

significant provisions - like those related to fundamental rights, the powers of the President, or the

functioning of Parliament — require a special majority.

This ensures that changes are not made lightly or without broad consensus. This means:

A majority of the total membership of each House

And a two-thirds majority of the members present and voting

Special Majority Plus State Ratification: Amendments affecting federal provisions - such as the distribution

of powers between the Union and the States requires-

(Special majority in Parliament + ratification by at least half the state legislatures) This protects the federal

structure and ensures that states have a direct say in critical changes. This ensures cooperative federalism

and that the states also have a say.

The amendment process is intentionally rigorous. Special majorities and, where necessary, state ratification,

ensure that amendments reflect broad-based support and are not driven by short-term political interests

These procedures ensure that the Constitution can be amended to:

Correct errors

Address new issues

Reflect changing social values

Reasons for So Many Amendments:

As of now, the Indian Constitution has been amended over 100 times. The need for amendments arises to

address new social, economic, and political challenges. Examples include:

Administrative or technical changes (like judge's retirement age).

Social progress, such as giving more rights or changing outdated laws.

Judicial interpretations that the Parliament wants to clarify or override.

Consensus among political parties to make reforms.

Amendments Reflect Public Will:

Only elected representatives (MPs and MLAs) can amend the Constitution.

This reflects the will of the people, since these representatives are chosen by the citizens.

Many amendments are based on public demand, like:

61st Amendment: Reduced the voting age from 21 to 18 years.

73rd & 74th Amendments: Gave constitutional status to Panchayats and Municipalities.

Some Amendments have been Controversial:

42nd Amendment (1976) made during Emergency added many changes that concentrated power in the

hands of the central government. Many MPs were jailed at that time; opposition had no say. After

Emergency, the 43rd and 44th Amendments were passed to cancel many of those changes and restore

democratic balance.

Role of the Judiciary:

Flexibility in the Constitution is not limited to formal amendments.

Judicial interpretation has also played a crucial role in adapting the Constitution to new circumstances.

The Supreme Court and High Courts have, through landmark judgments, expanded the scope of rights,

clarified ambiguities, and protected the "basic structure" of the Constitution from being altered even by

amendment, as established in the Kesavananda Bharati case.

This interpretative flexibility allows the Constitution to evolve without frequent textual changes.

The Indian Constitution's ability to be amended according to the needs of the time is a testament to the

foresight of its framers. By combining flexibility with stability, it has guided India through decades of

profound social, economic, and political transformation. It remains a living document- open to change,

responsive to new challenges, and anchored in the enduring values of democracy, justice, and federalism.

The Indian Constitution: Basic Premises That Remain Unchanged

The basic premises (or foundational principles) of the Indian Constitution refer to the core values and

structural elements that define its spirit and purpose. These have not changed since the Constitution came

into force in 1950, despite more than a hundred amendments.

These unchanging elements are protected under what is known as the "Basic Structure Doctrine", as laid

down by the Supreme Court in the Kesavananda Bharati case (1973).

Here are the key basic premises of the Indian Constitution that have not changed:

1. Sovereignty of the Nation: India remains a sovereign country, which means it is independent and free to

make its own decisions without interference from any external power. This premise ensures that ultimate

power lies with the people of India

2. Democratic Framework: Democracy is the bedrock of the Indian Constitution. The system of government

is based on the will of the people, exercised through elected representatives.

The Constitution ensures universal adult franchise, periodic elections, and the principle of

"one person, one vote." No amendment has undermined India's commitment to democracy.

3. Parliamentary System: India's government is organized on the parliamentary model, where the executive

is responsible to the legislature. The President is the ceremonial head of state, while real power rests with

the Council of Ministers headed by the Prime Minister.

This structure, modeled after the British system, has remained unchanged.

4. Federal Structure with a Strong Centre: The Constitution establishes a federal system, dividing powers

between the Union and the States. While the centre is stronger (as seen in the power to create new states

or alter boundaries), the federal character - States having their own governments and legislatures— remains

a central premise.

5. Secularism: The Constitution guarantees freedom of religion and ensures that the state does not favour

any religion. The word "secular" was explicitly added to the Preamble by the 42nd Amendment, but the

principle was always implicit in the original text. India's commitment to secularism remains unchanged.

6. Rule of Law and Supremacy of the Constitution: The Constitution is the supreme law of the land. All laws

and actions of government must conform to the Constitution, and the judiciary has the power to review and

strike down unconstitutional acts. The rule of law is a basic premise that has remained intact.

7. Fundamental Rights and Freedoms: Fundamental Rights— such as the right to equality, freedom of

speech and expression, and protection from discrimination— are central to the Constitution. While some

rights have been clarified or expanded, their core protection remains untouched.

8. Separation of Powers: The Constitution ensures a separation of powers among the three main organs of

government: the Legislature (makes laws), the Executive (implements laws), and the Judiciary (interprets

laws). This system of checks and balances remains fundamental to our governance.

9. Judicial Independence: The independence of the judiciary is a cornerstone of the Constitution. The

Supreme Court and High Courts have the power to interpret the Constitution and protect citizens' rights.

The judiciary's role as guardian of the Constitution has not been diluted.

10. Basic Structure Doctrine: The Supreme Court, especially in the landmark Kesavananda Bharati case

(1973), established the "basic structure doctrine." This means that while Parliament can amend the

Constitution, it cannot alter its basic structure or essential features. This doctrine itself protects the core

premises from being changed by amendments.

The judiciary plays an important role in protecting and interpreting the Constitution

The judiciary has played a crucial role in protecting and interpreting the Constitution of India, establishing

itself as a vital guardian of constitutional values. Its interventions have ensured that the Constitution evolves

with time while preserving its core ideals.

Protector of the Constitution

The Indian judiciary, particularly the Supreme Court, has acted as a watchdog of the Constitution, especially

during periods of political turmoil or potential executive overreach.

Its most significant contribution in this regard is the Basic Structure Doctrine, laid down in the Kesavananda

Bharati vs. State of Kerala case (1973). In this landmark judgment, the Supreme Court ruled that Parliament

could amend any part of the Constitution, but not in a way that damages or destroys its basic structure. This

doctrine placed substantive limits on Parliament's amending power, ensuring that core values like

democracy, secularism, the rule of law, and the separation of powers remain inviolable.

This ruling became particularly significant during the 1970s when the government attempted to assert

parliamentary supremacy through controversial amendments like the 42nd Amendment during the

Emergency.

The judiciary struck down parts of this amendment in the Minerva Mills case (1980), reiterating the

supremacy of the Constitution over temporary political interests and restoring constitutional balance.

Interpreter of the Constitution

The judiciary's interpretative role has transformed the Constitution into a living document — dynamic,

responsive, and adaptable to contemporary needs. Through judicial interpretation, the courts have

expanded the scope of fundamental rights, often reading into them modern meanings and protections. For

example:

In the right to education, the courts played a significant role before it became a constitutional right through

the 86th Amendment.

In right to life under Article 21, the judiciary interpreted it to include a right to live with dignity, expanding it

to cover a wide range of protections like clean air, shelter, and privacy.

In the reservation cases, such as Indra Sawhney vs. Union of India, the judiciary laid down the "creamy

layer" principle, restricting reservation benefits to truly disadvantaged sections, thereby balancing equity

with merit.

Furthermore, even in the absence of a formal amendment, judicial interpretation has effectively modified

constitutional meaning. The Basic Structure Doctrine itself, though not written in the Constitution, is now a

foundational principle, widely respected across political and legal domains.

Role of the Judiciary in Protecting and Interpreting the Constitution

1. Guardian of the Constitution: The Judiciary acts as the protector and guardian of the Constitution. It

ensures that no law or government action violates the principles and provisions of the Constitution. If any

law made by the Parliament or action taken by the Executive is found to be unconstitutional, the courts can

declare it null and void. Example: In the Kesavananda Bharati case (1973), the Supreme Court ruled that

Parliament cannot change the basic structure of the Constitution.

2. Power of Judicial Review: The Judiciary has the power of judicial review, which means it can examine and

review laws or executive actions to check if they are in line with the Constitution. This acts as a check on the

powers of the Legislature and the Executive.

Example: The court has reviewed laws related to reservation, emergency powers, and fundamental rights to

ensure they do not violate constitutional values.

3. Interpretation of the Constitution: The Constitution is a written document, but it contains broad

principles. The Judiciary interprets these principles in the light of changing needs and real-life situations.

Through its judgments, it gives clarity and meaning to vague or general terms in the Constitution. Example:

The court interpreted Article 21 (Right to Life) to include the right to education, clean environment, privacy,

and more.

4. Doctrine of Basic Structure: In the Kesavananda Bharati case, the Supreme Court laid down the Basic

Structure Doctrine. It stated that Parliament can amend the Constitution, but cannot destroy its basic

structure, such as, democracy, rule of law, judicial independence, fundamental rights, etc. This ruling

protected the Constitution from misuse of power by the government. This judgment is considered a

milestone in Indian constitutional history.

5. Protection of Fundamental Rights: The Judiciary protects the Fundamental Rights of citizens. If any law or

action violates a citizen's rights, the courts can intervene and provide relief. Citizens can directly approach

the High Court (under Article 226) or Supreme Court (under Article 32) to enforce their rights. Example: The

court struck down Section 66A of the IT Act for violating freedom of speech under Article 19.

6. Balancing the Powers between Organs: The Judiciary maintains the balance between the Legislature,

Executive, and Judiciary through its impartial decisions. It ensures that no organ of government crosses its

constitutional limits. Example: In the Minerva Mills case (1980), the Supreme Court reaffirmed that judicial

review is part of the basic structure, and Parliament cannot take it away.

7. Evolving New Principles: The Judiciary introduces progressive interpretations that shape constitutional

development. It has interpreted constitutional values in a modern way, making the Constitution relevant in

today's context. Example: In recent years, the court recognized protection of environment as part of the

right to life.

The Constitution is a document that keeps evolving and responding to changing situations.

The Indian Constitution is a living document because it is designed to evolve and respond to changing social,

political, and economic situations while preserving its foundational values.

This evolution is evident in several key aspects discussed in the chapter:

1. Provision for Amendments: The Constitution itself allows for its modification through Article 368, which

outlines the process of amending its provisions. The framers of the Constitution struck a balance between

rigidity and flexibility. Some provisions can be amended by a simple majority, others require a special

majority, and in certain cases, ratification by half of the states is necessary. This ensures that while the

Constitution is not easily altered for political convenience, it can still be revised to address new realities.

2. Response to Social Needs: The Constitution has been amended multiple times — over 100 times in its first

69 years-to meet the demands of a growing and diverse society. For

example:

The 73rd and 74th Amendments introduced Panchayati Raj and urban local bodies, respectively,

empowering grassroots democracy.

The 86th Amendment made education a fundamental right for children aged 6 to 14, reflecting a growing

recognition of education's role in development.

These examples show how the Constitution has adapted to shifting priorities such as decentralization and

social justice.

3. Judicial Interpretation and the Basic Structure Doctrine: One of the most powerful ways the Constitution

evolves is through judicial interpretation. The Supreme Court, especially through landmark cases like

Kesavananda Bharati (1973), introduced the Basic Structure Doctrine, which is not explicitly mentioned in

the Constitution. This doctrine protects essential features like democracy, secularism, and judicial review

from being altered, even by constitutional amendments.

Thus, the judiciary has contributed to "informal amendments" —changing how the Constitution is

understood and applied without altering its text. This has helped the Constitution remain relevant while

resisting harmful changes.

4. Resolution of Conflicts and Political Maturity: The Constitution has also evolved through political

negotiation and consensus. Even in times of deep division or coalition governments, parties have come

together to support constitutional amendments that reflect broad public agreement, such as:

The 52nd and 91st Amendments related to anti-defection laws.

The 61st Amendment, which reduced the voting age from 21 to 18, empowering the youth.

This shows that the Constitution is not static, but shaped continually by the collective political will of the

nation.

5. Response to Controversial Change: When the Constitution was misused - especially during the Emergency

(1975-77) - controversial amendments like the 42nd Amendment was introduced. However, these were later

repealed or corrected by the 43rd and 44th Amendments, restoring democratic balance. This episode

reflects the self-correcting nature of constitutional democracy.

MCQS

Q1. Why the Indian Constitution is called a "living document"?

A) It was handwritten and preserved in a vault

B) It evolves through amendments, interpretations, and political practices

C) It was written by living national leaders

D) It expires every 10 years and is renewed

Q2. Which one of the following amendments inserted Fundamental Duties into the Constitution?

A) 42nd Amendment B) 52nd Amendment

C) 61st Amendment D) 44th Amendment

Q3. Which statement describes best the amendment process of the Indian constitution?

A) It combines features of both rigidity and flexibility

B) It can be amended by the President alone

C) It is entirely rigid and cannot be changed

D) It can be changed only by a referendum

Q4. Which of the following statement is NOT true about Article 368?

A) Some amendments require ratification by half of the state legislatures

B) It allows the Judiciary to initiate amendments

C) Some amendments require special majority in both Houses of Parliament

D) It provides for the amendment of the Constitution

Q5. What does the Constitution's amendment between 2001-2003 reveal about Indian democracy?

A) Political consensus, even in coalition governments, can drive constitutional change

B) Amendments are only possible with a single-party rule

C) Judicial interpretation halts parliamentary action

D) Amendments were mostly invalidated by courts

Q6. Why was the amendment made to clarify the President's obligation to act on the advice of the Council

of Ministers considered a technical amendment?

A) It reversed an earlier practice

B) It codified an already existing convention without changing the substance of power

C) It shifted power to the Judiciary

D) It removed Article 74

Q7. What role does the President play in the Constitutional amendment process?

A) He can reject the amendment bill

B) He can send it to the Judiciary for review

C) He must give assent but cannot return it for reconsideration

D) He initiates the amendment process

Q8. Which of the following amendments is associated with reducing the voting age from 21 to 18?

A) 42nd Amendment B) 52nd Amendment

C) 73rd Amendment D) 61st Amendment

09. The term "basic structure" is:

A) Clearly listed in the Constitution B) Approved by the President

C) Interpreted by the judiciary D) Part of Article 368

Q10. Why did the period between 1974-1976 witness a large number of amendments?

A) Due to a coalition government

B) Due to Congress party's dominance and the Emergency

C) Due to judicial activism

D) Due to failure of federalism

Q11. In the Rajya Sabha, if the Parliament passes a constitutional amendment affecting the representation

of states, what are required criteria for it to become law?

A) President's assent alone

B) Special majority in Lok Sabha

C) Ratification by all states

D) Ratification by at least half the state legislatures and special majority in Parliament

Q12. Judicial interpretations such as the introduction of the "creamy layer" principle in reservation policies

are examples of:

A) Judicial amendments

B) Informal evolution of the Constitution without formal amendment

C) Executive orders

D) Parliamentary bypass of constitutional law

Q13. Assertion (A): The constitution is a sacred document.

Reason(R): The constitution is an instrument that may require changes from time to time.

Options:

A) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of the Assertion (A).

B) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of the Assertion

(A).

C) Assertion (A) is false, but Reason (R) is true.

D) Assertion (A) is true, but Reason (R) is false.

Very Short Questions-

Q1. Which feature of the Indian Constitution allows it to adapt without frequently rewriting the

constitution?

Q2. The doctrine that places limits on the Parliament's amending powers is known as the

Q3. How many constitutions did the Soviet Union had in its life of 74 years?

Q4. An amendment that only adjusts salaries or technical aspects is considered a amendment.

Q5. What do you understand by the wording "by law"?

Q6. The rights and powers of the States can be changed without the consent of the States.

(True/False)

Q7. Why the Constitution is not considered an ordinary law despite being amendable?

Q8. Differentiate between a simple majority and a special majority.

Short Questions-

Q1. What is the dual role of the constitution?

Q2. What is the role of President of India in the amendment of the constitution?

Q3. How did coalition politics influence constitutional amendments post-2000?

Q4. How does judicial interpretation strengthen the Constitution?

Q5. Mention any two amendments made to reflect social consensus in India.

Q6. Why certain amendments require ratification by states?

Q7. In what way did the 42nd Amendment attempt to override judicial review, and how was this addressed

later?

Q8. "When the Constitution was made, leaders and people of our country shared a common vision of India."

Explain.

Long Type Questions-

Q1. What do you understand by basic structure doctrine? How has the infamous kesavananda Bharti case

contributed to the evolution of the constitution? 1+3

Q2. The amendment process of the Indian Constitution reflects a nuanced balance between central

authority and federal principles. Explain.

Q3. A political party in power wants to pass an amendment to change the federal distribution of powers. It

has a simple majority in the Lok Sabha and Rajya Sabha but no support from the states. Can this amendment

be passed? Why or why not?

Q4. Explain how judicial interpretations can serve as a tool for social change, using examples from the Indian

Constitution.

Q5. "The Judiciary, in its famous Kesavananda ruling found a way out of the existing complications by turning

to the spirit of the Constitution rather than its letter" Explain

Q6. What are the two Principles that dominate the various procedure of amending the constitution in most

modern constitution?

Q7. "Amendments made during the period 1970 to 1980 generated a lot of legal and political controversy"

Explain.

Q8. Discuss the role of the judiciary in keeping the Indian Constitution relevant and effective.

Q9. Examine the reasons why the Indian Constitution has remained largely intact for over seventy years,

while many other countries have rewritten their constitutions multiple times.

Q10. Analyse the role of the Indian Constitution's amendment process in protecting the federal structure of

the country.

11. Explain the contribution of the Judiciary in the evolution and protection of the Indian Constitution.

Support your answer with examples.

Q12. Political consensus is often necessary for constitutional amendments. Explain with examples why

consensus is crucial in a diverse democracy like India, and how it affects the amendment process.

Q13. How can we classify the amendments?

ANSWER

MCQ

1. B) It evolves through amendments, interpretations, and political practices

2. A) 42nd Amendment

3. A) It combines features of both rigidity and flexibility

4. B) It allows the Judiciary to initiate amendments

5. A) Political consensus, even in coalition governments, can drive constitutional change

6. B) It codified an already existing convention without changing the substance of power

7. C) He must give assent but cannot return it for reconsideration

8. D) 61st Amendment

9. C) Interpreted by the judiciary

10. B) Due to Congress party's dominance and the Emergency

11. D) Ratification by at least half the state legislatures and special majority in Parliament

12. B) Informal evolution of the Constitution without formal amendment

13. A) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of the Assertion

(A).

Very Short Questions-

Ans 1. The feature of the Indian Constitution that allows it to adapt without frequently rewriting the

constitution are its provision for amendments and flexible judicial interpretations.

Ans 2. Basic structure doctrine.

Ans 3. The Soviet Union had four constitutions in its life of 74 years.

Ans 4. procedural or technical

Ans 5. The wording "by law" indicates that some articles can be modified by the parliament without

recourse to the procedure laid down in article 368. For example, Article 2 and Article 3.

Ans 6. False

Ans 7. The Constitution is not considered an ordinary law despite being amendable because it provides the

supreme legal framework and requires a special procedure for amendments.

Ans 8. A simple majority means more than 50% of members present and voting whereas, a special majority

means a majority of the total membership and two-thirds of members present and voting.

Short Questions-

Ans 1. The dual role of the constitution is, flexibility and rigidity. It is flexible as a constitution is not a frozen

and unalterable document. It is a document made by human beings and may need revisions, changes and

re-examination. But at the same time it is rigid, as the constitution reflects the dreams and aspirations of the

concerned society. It must also be kept in mind that the constitution is a framework for the democratic

governance of the society. In this sense, it is an instrument that societies create for themselves. And also the

process of amending the constitution is complex and requires significant consensus.

Ans 2. The President must give assent to a constitutional amendment bill passed by Parliament. However,

they cannot return it for reconsideration, unlike ordinary bills.

Ans 3. Despite fragmented mandates, coalition politics post-2000 saw several amendments due to a

consensus among diverse parties on non-controversial and progressive issues like anti-defection and local

governance reforms.

Ans 4. Judicial interpretation clarifies ambiguities, resolves conflicts in understanding, and protects

fundamental rights, ensuring the Constitution remains relevant to contemporary challenges.

Ans 5. Amendments that reflected social consensus of that time are:

(i) 61st Amendment: Lowered voting age from 21 to 18 years.

(ii) 73rd and 74th Amendments : Introduced Panchayati Raj and Urban Local Bodies to strengthen grassroots

democracy.

(iii) 52nd and 91st Amendments: Anti-Defection law

Ans 6. Certain amendments require ratification by states, When an amendment aims to modify an article

related to distribution of powers between the States and the central government, or articles related to

representation, it is necessary that the States must be consulted and that they give their consent.

Ans 7. The 42nd Amendment attempted to override judicial review by restricting the judiciary's power of

review and expanded parliamentary supremacy. It was partially reversed by the 43rd and 44th Amendments

after the Emergency to restore constitutional balance.

Ans 8. (i)In Nehru's famous speech at the time of independence, this vision was described as a tryst with

destiny.

(ii)In the Constituent Assembly also, all the leaders mentioned this vision: dignity and freedom of the

individual, social and economic equality, well-being of all people, unity based on national integrity.

Long Type Questions-

Ans 1. The Basic Structure doctrine, is a principle established by the judiciary that certain fundamental

features of the constitution are inviolable and cannot be altered by Parliament through amendments.

Kesavananda Bharti case contributed to the evolution of the constitution in the following ways-

1. It has set specific limits to Parliament's power to amend the Constitution. It says that no amendment can

violate the basic structure of the Constitution.

2. It allows Parliament to amend any and all parts of the Constitution (within this limitation).

3. It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what

constitutes the basic structure.

Ans 2. (i) Certain amendments require ratification by half of the state legislatures, showing state

involvement in key federal matters.

(ii) However, States cannot initiate amendments, revealing the centralized dominance in the process.

iii) This reflects a quasi-federal structure -with a strong Centre but consultative federalism in critical areas.

(iv) The process ensures that state interests are protected while maintaining national unity and coherence.

Ans 3. (i) No, an amendment changing the federal distribution of powers needs ratification by at least half

the states.

(ii) It also requires a special majority in both Houses —not just a simple majority.

(iii) This provision protects the federal structure, ensuring states are involved in changes affecting them.

(iv) Therefore, without state ratification and special majority, such an amendment cannot be passed.

Ans 4. (i) Judiciary expanded Right to Life (Article 21) to include education, clean environment, etc.

(ii) Introduced the creamy layer concept in reservations to ensure fairness.

iii) Enforced gender justice and secularism through rulings.

(iv) Acts as a check on government overreach and promote justice when laws are outdated.

Ans 5. There was a controversy between the judiciary and the parliament, the parliament thought it had the

power and responsibility to make laws and amendments for furthering the interests of the poor, backward

and the needy. The Judiciary insisted that all this has to take place within the framework provided by the

Constitution and pro-people measures should not bypass legal procedures.

So, it the judiciary found out a way of this existing complication by turning to the spirit of the constitution

rather than its letters-

1. The Court came to the conclusion that in reading a text or document, we must respect the intent behind

that document.

2. A mere text of the law is less important than the social circumstances and aspirations that have produced

that law or document.

3. The Court was looking at the basic structure as something without which the Constitution cannot be

imagined at all.

4. This is an instance of trying to balance the letter and the spirit of the Constitution.

Ans 6. One is the principle of special majority. For instance, the constitutions of U.S., South Africa, Russia,

etc. have employed this principle: In the case of constitution of US, it is two-thirds majority, while in South

Africa and Russia, for some amendments, three-fourths majority is required.

The other principle that is popular among many modern constitutions is that of people's participation in the

process of amending the constitution. In Switzerland, people can even initiate an amendment. Other

examples of countries where people initiate or approve amendment to the constitution are Russia and Italy,

among others.

Ans 7. Amendments during the period 1970 to 1980 generated a lot of legal and political controversy as -

1. The parties that were in opposition during the period 1971-1976, saw many of these amendments as

attempts by the ruling party to subvert the Constitution. In particular, the 38th, 39th and 42d amendments

have been the most controversial amendments so far.

2. These three amendments were made in the background of internal emergency declared in the country

from June 1975. They sought to make basic changes in many crucial parts of the Constitution.

3. The 42nd amendment was particularly seen as a wide ranging amendment affecting large parts of the

Constitution. It was also an attempt to override the ruling of the Supreme Court given in the Kesavananda

case.

4. The 42nd amendment put restrictions on the review powers of the Judiciary, and also the duration of the

Lok Sabha was extended from five to six years.

Ans 8.(i) The judiciary plays a crucial role in keeping the Indian Constitution relevant and effective by

interpreting its provisions in light of contemporary needs and values. (ii) Through landmark judgments, such

as in the Kesavananda Bharati case, the judiciary has clarified the limits of Parliament's amending powers

and protected the Constitution's basic structure.

ii) Courts have also expanded the scope of fundamental rights through progressive interpretations, ensuring

that the Constitution evolves with society.

iv) By acting as a guardian and interpreter, the judiciary ensures that the Constitution remains a living

document, capable of addressing new challenges while upholding its core principles.

Ans 9. (i) The Indian Constitution has remained largely intact for over seventy years due to a combination of

its robust design, adaptability, and the foresight of its framers. (ii) Unlike many countries that have rewritten

their constitutions in response to political upheavals or changing social dynamics, India's Constitution was

crafted with provisions for amendment, allowing it to evolve without complete overhauls.

(i) The framers anticipated the need for change and incorporated flexible amendment procedures, enabling

the Constitution to address new challenges and correct errors. (iv) At the same time, certain core principles

were made rigid to protect the nation's

Fundamental values.

(v) Additionally, the judiciary's role in interpreting and protecting the Constitution has ensured that its spirit

is upheld, even as its letter is amended. (vi) This combination of flexibility, rigidity, and judicial oversight has

allowed the Constitution to adapt to India's diverse and changing society, maintaining its relevance and

authority without the need for frequent rewrites.

Ans 10.(i) Amendments affecting federal balance require special majority + ratification by half the states.

(¡i) Ensures states have a say in major constitutional changes affecting their powers.

(iii) Protects states against arbitrary central dominance.

(iv) Reflects India's quasi-federal structure-strong Centre with state participation.

(v) Encourages cooperation between Centre and States.

(vi) Maintains the unity and integrity of the country through balanced governance.

Ans 11.(i) Guardian of the Constitution: The Judiciary ensures that laws and actions of the government are in

conformity with the Constitution. It has the power of judicial review to strike down unconstitutional laws or

amendments.

(ii) Basic Structure Doctrine: In the Kesavananda Bharati case (1973), the Supreme Court introduced the

Basic Structure Doctrine. This means Parliament can amend the Constitution, but cannot alter its

fundamental features like democracy, secularism, federalism, and rule of law.

(il) Judicial Interpretation as Informal Amendment: Through interpretation, the Judiciary has expanded the

scope of fundamental rights. For example, Right to Education was included under Right to Life (Article 21).

The Judiciary has also protected minority rights, freedom of expression, and environmental rights.

(iv) Limiting Arbitrary Use of Power: During times like the Emergency (1975-77), the Judiciary emphasized

that even Parliament's power has limits. In the Minerva Mills case, it reiterated that limited government is a

basic feature.

(v) Ensuring Balance of Power: The Judiciary plays a key role in maintaining the balance among Legislature,

Executive, and Judiciary. It acts as a check on the misuse of power by the other two organs.

(vi) Living Constitution through Judiciary: The dynamic role of the Judiciary helps in making the Constitution

a living document, adapting to social and political changes while preserving core principles.

Ans 12. Amendments require special majority and sometimes state ratification, necessitating broad

agreement.

Examples:

Anti-defection laws (52nd and 91st Amendments) passed through multi-party consensus.

Voting age reduction (61st Amendment) accepted widely.

Panchayati Raj (73rd and 74th Amendments) strengthened grassroots democracy with broad political

support.

Consensus prevents polarization and misuse of constitutional power by a single party.

It reflects respect for India's diversity and pluralism.

Consensus-based amendments carry greater legitimacy and promote political stability.

Ensures that amendments reflect national interest rather than narrow political goals.

Ans 13.

(i) Technical or Administrative Amendments- These amendments deal with clarifications, explanations, and

minor modifications. They do not substantially change the original provisions. Examples include: Increasing

the retirement age of High Court judges from 60 to 62 years, Increasing judges' salaries, Clarifications

regarding the President acting on the advice of the Council of Ministers. Certain provisions of the

Constitution were meant to be temporary or limited to a certain period. These have been extended

repeatedly through amendments to continue their operation. The prime example is the reservation of seats

for Scheduled Castes and Scheduled Tribes in legislatures, initially limited to 10 years but extended multiple

times to maintain social justice.

(ii) Amendments Arising from Political and Judicial Conflicts- These amendments occurred mainly due to

differences between Parliament and the Judiciary regarding interpretation and scope of constitutional

provisions. Parliament made amendments to override judicial rulings it opposed. The period between 1970

and 1975 saw many such amendments, including the controversial 42nd Amendment during the Emergency,

which made sweeping changes like restricting judicial review and extending the Lok Sabha term. Later

amendments like the 43rd and 44th reversed many controversial changes.

(iii) Consensus-Based Amendments- A large group of amendments has been passed due to broad political

consensus. These reflect the political maturity and evolving democratic aspirations of the society. Examples

include: Anti-defection laws (52nd and 91st Amendments). Lowering the voting age (61st Amendment).

Establishing Panchayati Raj (73rd and 74th Amendments). Expanding and clarifying reservations.

(iv) Controversial Amendments- There has been amendments that generated

controversy. For example- amendments during the period 1970 to 1980 generated a lot of legal and political

controversy. During the period 1971-1976 saw amendments as an attempt by the ruling party to sub the

constitution such as 38th, 39th and 420d.

CHAPTER 10

THE PHILOSOPHY OF THE CONSTITUTION

Introduction:

⚫ The Indian Constitution is not just a book of rules and laws. It is a document full of ideas and values that

were meant to guide the country after independence. It was written to help build a fair, equal, and free

society. This chapter helps us understand the real meaning and purpose behind the Constitution —

what our leaders were thinking when they created it, and what kind of country they wanted India to

become.

⚫ This chapter explores the philosophical vision behind the Constitution- its commitment to justice,

liberty, equality, and fraternity— and explains why it must be understood not just as a legal text, but as

a living document that continues to guide and shape Indian society.

⚫ It also shows us that the Constitution is not just for the courts or the government —it belongs to all of

us. It gives us rights, protects our freedoms, and encourages peace, justice, and respect for every

person, no matter their background. The framers intended the Constitution to shape future generations

by binding them to principles of justice, equality, and democracy. It's not a frozen document; it's a living

moral compass.

⚫ Why it is important to study the philosophy of the Constitution?

1. For Understanding the Moral Foundation:

The Constitution is not just a collection of legal rules, it is grounded in a moral vision that reflects the values

and aspirations of society. Many constitutional laws are closely tied to deeply held ethical principles-such as

equality, justice, and freedom. For instance, laws prohibiting discrimination are rooted in the value of

equality. Thus, examining the philosophy helps us see the connection between legal provisions and the

moral values they embody.

2. For Clarifying Key Concepts:

A philosophical approach enables us to understand the conceptual structure of the Constitution. This means

exploring the nuanced meanings of terms like 'rights," 'citizenship,' 'minority,' or 'democracy. Understanding

these concepts is essential to grasp the ideals embedded in the Constitution and how they shape the vision

of society and governance.

3. For Interpreting and Arbitrating Values:

The Constitution's ideals are often interpreted differently by various institutions and actors-such as

legislatures, courts, political parties, and the media. Sometimes, these ideals are even manipulated for

partisan interests. Studying the underlying philosophy allows us to arbitrate between conflicting

interpretations and to critically evaluate whether there is a gap between constitutional ideals and their

practical expression in society.

4. For Contextualizing Constitutional Practices:

Revisiting the debates and intentions of the Constituent Assembly helps us understand the reasons behind

various constitutional provisions and practices. This historical and philosophical context is vital, especially

when current practices are questioned or threatened, as it reminds us of the foundational principles that

continue to guide the nation.

5. For Ensuring Relevance and Adaptability:

The philosophy of the Constitution provides a coherent vision for society and polity, guiding not only the

interpretation of laws but also their evolution. It helps ensure that constitutional values remain relevant and

adaptable to changing circumstances while maintaining their core principles.

6. For Empowering the Marginalized and Promoting Social Transformation:

Constitutions are designed not only to limit the power of those in authority but also to empower those who

have been historically deprived. The Indian Constitution, in particular, was crafted to break the shackles of

traditional social hierarchies and usher in an era of freedom, equality, and justice. Studying its philosophy

highlights its role as a means of peaceful, democratic transformation and collective self-determination.

⚫ What are the core features of the Indian Constitution?

The Constitution is a unique blend of multiple ideals — liberalism, democracy, secularism, multiculturalism,

and social justice — unified by a commitment to peaceful and democratic means. Key ideals include:

1. Individual Freedom (Liberalism): Freedom of speech, conscience, and protection against arbitrary power

are essential features. These were hard-won through decades of resistance to colonial rule. Indian liberalism

is distinct — it is home-grown, forged through political struggle rather than imported. It is a product of

continuous intellectual and political activity of well over a century. State freedom of expression is an integral

part of the Indian Constitution. So is the freedom from arbitrary arrest.

Indian liberalism has two streams-

1. Individual rights

Il. Social justice

2. Social Justice: The Constitution ensures not just formal equality but also substantive justice. Measures like

reservations for SCs/STs and other disadvantaged groups reflect a corrective philosophy - acknowledging

past injustices and seeking to rectify them. Indian liberalism is intertwined with justice, unlike Western

liberalism which prioritizes individual autonomy.

3. Respect for Diversity and Minority Rights: India's vast linguistic, religious, and cultural diversity is

acknowledged and protected in the Constitution. Minority communities can run their own educational

institutions, even with government support. Rather than suppressing identities, the Constitution promotes

equal dignity among communities.

4. Secularism (Principled Distance): Unlike Western secularism, which mandates strict separation between

state and religion, Indian secularism is based on "principled distance". The state may intervene in religion to

promote equality (e.g, abolishing untouchability, or support religious groups (e.g., funding minority schools),

depending on the moral goal involved. This approach balances freedom of religion with social reform.

5. Universal Franchise: The right to vote was granted to all adults from the beginning — an act of radical

democratic faith. At a time when even Western democracies were restricting suffrage, India recognized

political equality across caste, gender, and class.

6. Federalism and Asymmetric Structure: The Constitution provides for asymmetrical federalism allowing

special status to regions like Jammu & Kashmir (Article 370) and Nagaland (Article 371). It acknowledges

India's regional complexity while maintaining national unity.

7. National Identity and Unity: The Constitution attempts to build a common national identity rooted in

fraternity, not forced uniformity. It encourages a shared civic identity while respecting sub-national

identities. For instance, it rejected separate electorates for religious communities because they would

fragment the democratic fabric, not because religious difference was unwelcome. True national unity, it

insists, comes from shared values —not imposed sameness.

⚫ What are the criticisms of this Constitution?

Length and Complexity: The Indian Constitution is often criticized for being too long and detailed. It is one of

the longest constitutions in the world, with numerous articles, schedules, and amendments.

Too Many Provisions: Critics argue that it tries to cover every possible situation, making it cumbersome and

difficult to interpret or implement. Leading to administrative complexity and frequent legal disputes.

Frequent Amendments: The need for regular amendments is seen as evidence that the Constitution is not

easily adaptable and often struggles to keep pace with the country's changing needs.

Unrepresentative

Elite-Made Document: Some critics claim that the Constituent Assembly did not fully represent the masses

of India. The Assembly was largely composed of educated, urban elites, lawyers, and professionals. Lack of

Direct Public Participation: The process of constitution-making did not involve direct participation of the

common people, especially the rural poor, women, and marginalized groups.

Limited Reflection of Popular Will: As a result, some argue that the Constitution reflects the values and

aspirations of a small section of society rather than the diverse Indian population as a whole.

Borrowed Features: The Constitution has been criticized for borrowing extensively from other countries'

constitutions (e.g., UK, USA, Ireland, Canada), rather than being rooted in Indian traditions and realities.

Western Ideals: Some believe it imposes Western ideals of democracy, secularism, and liberalism, which

may not always align with Indian social and cultural contexts.

Disconnect with Indian Traditions: Some view the document as disconnected from India's historical and

cultural context, making it seem imposed or artificial rather than a natural outgrowth of Indian society.

⚫ What are the limitations of the Constitution?

First, the Indian Constitution has a centralized idea of national unity.

Second, it appears to have glossed over some important issues of gender justice, particularly within the

family.

Third, 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.

MCQ

Q1. How is Indian secularism different from the western model of secularism?

A) Promotion of one religion

B) Principle of 'principled distance'

C) Principle of 'mutual exclusion' Complete separation of religion and state

D) Complete separation of religion and state

Q2. What does Article 370 and 371 of the Indian Constitution signifies?

A) Asymmetric federalism B) Unitary governance

C) Judicial overreach D) Total centralization

Which right is both individual and group-based in the Constitution of India?

A) Right to Property B) Right to Vote

C) Right against Exploitation D) Cultural and Educational Rights

Q4. Which of the following is a limitation of the Indian Constitution?

A) Directive Principles are enforceable B) Universal franchise

C) Gender justice within family remains under-addressed D) Federal structure

Q5. Why the Indian Constitution is is said to be innovative borrowing?

A) It adapted global ideas and indigenized it B) It replicated U.S. practices only

C) It was copied entirely from the British D) It was written by foreigners

Q6. Why does the Constitution reject the idea of separate electorates for religious communities?

A) To increase state power B) To foster fraternity and national unity

C) To reduce election costs D) To promote majority rule

Q7. Why is studying the Constituent Assembly debates still relevant today?

A) They help understand the values behind legal practices B) They offer historical trivia

C) They are legal documents D) They help in drafting new laws

Q8. Which of the following best explains the 'political philosophy approach' to the Constitution?

A) A strict legal interpretation only

B) Analysis of historical wars

C) Understanding key concepts, their coherence, and debates

D) Ignoring the debates in the Constituent Assembly

09. Who argued that the Constituent Assembly represented a nation on the move, throwing away the shell

of the past?

A) Dr. B.R. Ambedkar B) Jawaharlal Nehru C) Sardar PatelD) Rajendra Prasad

Q10. A student club wants to campaign against discrimination. Which of the following constitutional ideal

would support them?

A) Separation of powers B) National security

C) Liberty, equality, fraternity D) Preventive detention

Q11. The Indian Constitution, which is commitment to the idea of individual freedom includes:

A) Freedom to own property as a fundamental right

B) The right to bear arms

C) Freedom of expression and protection from arbitrary arrest

D) Compulsory military service

Q12. Which of the following is considered a procedural achievement of the Constitution?

A) Political deliberation B) Inclusive compromise

C) Open-ended debates D) All the above

Very Short Question-

Q1. Which value does the abolition of untouchability represent?

Q2. The Preamble begins with the phrase "We, the people of India...", emphasizing the principle of_

sovereignty.

Q3. Which constitution is known as the "peace constitution"?

Q4. "Constitutions provide these basic rules and therefore, prevent states from turning tyrannical." Explain.

Q5. What do you understand by the term "alternative modernity"?

Q6. What do you understand by western conception of secularism?

Q7. The rejection of separate electorates was aimed at promoting _, a value cherished by Dr. B.R. Ambedkar.

08. The intervention of the state in the religious affairs is always negative. (True/False)

Q9. Why is the Indian Constitution criticized of being an alien document?

Q10. Why should we be interested in studying the intentions and concerns of those who framed the

Constitution?

Short Question-

Q1. Is there a connection between laws and moral values? Explain.

Q2. Why should we read the Indian Constitution in conjunction with the Constituent Assembly debates?

Q3. How is the Indian Constitution different from Western constitutions in its approach to community

rights?

Q4. How does the Constitution balance individual liberty with social justice?

Q5. What is the need to understand the political philosophy approach to the constitution?

Q6. Mention any 2 limitations of the Constitution.

Q7. "Although the Constitution did not originally envisage this, India is now a multi-lingual federation."

Explain.

Q8. Why is universal adult franchise considered a revolutionary step in Indian democracy?

Q9. Separation of state and religion in India does not mean mutual exclusion. Why?

Q10. What are the two streams of Indian liberalism?

Long Type Questions-

Q1. Explain the need to study the philosophy of the Indian Constitution.

Q2. Discuss how the Indian Constitution balances individual liberty and social justice.

Q3. What are the substantive achievements of the constitution?

Q4. Examine the criticism that the Constitution is unrepresentative.

Q5. Explain the importance of the Constituent Assembly Debates in understanding the Constitution today.

ANSWERS

MCQs

Ans 1. B) Principle of 'principled distance'

Ans 2. A) Asymmetric federalism

Ans 3. D) Cultural and Educational Rights

Ans 4. C) Gender justice within family remains under-addressed

Ans 5. A) It adapted global ideas and indigenized it

Ans 6. B) To foster fraternity and national unity

Ans 7. A) They help understand the values behind legal practices

Ans 8. C) Understanding key concepts, their coherence, and debates

Ans 9. B) Jawaharlal Nehru

Ans 10. C) Liberty, equality, fraternity

Ans 11. C) Freedom of expression and protection from arbitrary arrest

Ans 12. D) All the above

Very Short Question-

Ans 1. The abolition of untouchability represent Social justice and equality.

Ans 2. Popular

Ans 3. The Japanese Constitution of 1947 is known as the "peace constitution"

Ans 4. All over the world the Experience of state power shows that most states are prone to harming the

interests of at least some individuals and groups. So, we need to draw the rules of the constitution in such a

way that this tendency of states is continuously kept in checked.

Ans 5. Alternative modernity is a term refers to a blend of Western ideas and Indian traditions in the

Constitution.

Ans 6. Western conception, of secularism means mutual exclusion of state and religion in order to protect

values such as individual freedom and citizenship rights of individuals.

Ans 7. Fraternity

Ans 8. False

Ans 9. The Indian Constitution criticised of being an alien document as it is borrowed article by article from

western constitutions and sits uneasily with the cultural ethos of the Indian

people.

Ans 10. we should be interested in studying the intentions and concerns of those who framed the

Constitution, so as, to get a handle on current constitutional practice, to grasp our value and meaning.

hence, we may have no option but to go back in time to the Constituent Assembly debates and perhaps

even further back in time to the colonial era.

Short Question-

Ans 1. Yes, there is a connection between laws and moral values as, all laws do not have a moral content,

but many laws are closely connected to our deeply held values. For example, a law might prohibit

discrimination of persons on grounds of language or religion. Such a law is connected to the idea of equality.

Such a law exists because we value equality.

Ans 2. We should read the Indian Constitution in conjunction with the Constituent Assembly debates-

1. To refine and rise to a higher theoretical plane.

Il. To justify the values embedded in the Constitution.

Ans 3. Indian Constitution different from Western constitutions in its approach to community rights as-

1. It recognizes and protects group rights like religious and cultural freedoms.

II. It aims to ensure equality among diverse communities, not just individuals.

Ans 4. i. It guarantees fundamental rights like freedom of speech and equality.

ii. It provides reservations and affirmative action’s to uplift marginalized communities.

Ans 5. We need to understand the political philosophy approach to the constitution so as to-

I. Find out the moral content expressed in the constitution and to evaluate its claims.

II. Use it to arbitrate between varying interpretations of the many core values in our polity.

Ans 6. Mention any 2 limitations-

i) The Indian Constitution has a centralized idea of national unity.

It appears to have glossed over some important issues of gender justice, particularly within the family.

ll. 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.

Ans 7. Although the Constitution did not originally envisage this, India is now a multi-lingual federation as

each major linguistic group is politically recognized and all are treated as equals. Thus, the democratic and

linguistic federalism of India has managed to combine claims to unity with claims to cultural recognition. A

fairly robust political arena exists that allows for the play of multiple identities that complement one

another.

Ans 8. The universal adult franchise considered a revolutionary step in Indian democracy as-

1. It granted equal voting rights to all adults regardless of caste, class, or gender.

It strengthened the democratic foundation by promoting political equality.

Ans 9. Separation of state and religion in India does not mean mutual exclusion because, religious

sanctioned customs such as untouchability deprived individuals of the most basic dignity and self-respect.

Such customs were so deeply rooted and pervasive that without active state intervention, there was no

hope of their dissolution. The state has to interfere in the affairs of religion.

Ans 10. First stream began with Rammohan Roy. He emphasised individual rights, particularly the rights of

women.

The second stream included thinkers like K.C. Sen, Justice Ranade and Swami Vivekananda.

They introduced the spirit of social justice within orthodox Hinduism.

Long Type Questions-

Ans I. Studying the philosophy of the Constitution is essential to not just understand what the Constitution

says, but why it says so. It also provides the moral and ideological foundation of our legal system and helps

us interpret its meaning in changing contexts.

II. Connection Between Law and Values: While laws are seen as legal instruments, many have deep

connections to moral values. For example, the law against discrimination is rooted in the value of equality.

III. Conceptual Clarity: Understanding terms like rights, citizenship, democracy, or minority helps clarify the

vision of society and polity the Constitution aims to establish.

lV. Moral Justification of Provisions: The framers didn't merely list laws; they debated their ethical

implications. Referring to these helps us see how and why certain values were chosen.

V. Arbitrate between Competing Interpretations: Constitutional values are often

Interpreted differently in political or legal settings. Studying the philosophy helps us resolve these disputes

in an informed and principled manner.

VI. Continuity Between Past and Present: The world of the Constitution's framers isn't completely alien to

us. Their concerns about justice, freedom, and dignity remain relevant today.

VII. Democratic Citizenship: To be active and informed citizens, we must engage not just with the letter of

the law, but also its spirit and purpose.

Ans 2. Indian Constitution balances individual liberty and social justice through following ways by ensuring

both freedom and fairness in society (key points)-

I. Protection of individual liberties: Fundamental Rights safeguard freedoms such as speech, religion, and

protection from arbitrary arrest. These are rooted in liberal traditions.

II. Affirmative Action and Social Justice: Provisions like reservations for SCs and STs, and the abolition of

untouchability, are meant to address centuries of social discrimination.

III. Directive Principles of State Policy: These reflect the state's commitment to economic and social equity,

guiding policies toward a welfare state. Blend of Liberal and Egalitarian IV. Values: While liberalism

emphasizes personal freedom, the Constitution integrates Indian reformist traditions that stress justice and

equality.

V. Legal and Institutional Frameworks: The judiciary, legislature, and executive are all empowered to protect

both individual and collective rights.

VI. Context-Sensitive Approach: The Constitution recognizes that in a deeply unequal society, true liberty is

impossible without some degree of state intervention to ensure justice.

Ans 3. The Indian Constitution is not just a legal document but a visionary framework that lays the

foundation for a just and inclusive society. Its core achievements reflect its moral and political philosophy.

Here are the substantive achievements of the constitution- (key points)

I. Liberal Individualism: the constitution is committed to individual freedom. Individual freedom is the

product of continuous intellectual and political activity of well over a century. It guarantees fundamental

rights like freedom of speech, religion, and protection from discrimination. Emphasis on personal liberty

within a democratic society.

II. Social Justice: Indian liberalism talk about both individual rights as well as social justice. Reservations for

SCs, STs, and later OBs reflect the commitment to substantive equality. Special constitutional measures were

required to balance the interests of various groups. It seeks to empower the oppressed, not merely protect

rights on paper.

III. Recognition of Group Rights: The Indian Constitution encourages equal respect between communities. It

was not an easy task because of the hierarchical relationship and rivalry between the communities. Hence,

Minority rights to language, religion, and culture are protected, ensuring communal harmony.

IV. Universal Adult Franchise: it is an achievement to commit oneself to universal franchise, especially when

there is widespread belief that traditional hierarchies in India are congealed and more or less impossible to

eliminate, and when the right to vote has only recently been extended to women and to the working class in

stable, Western democracies. Despite social hierarchies, India adopted voting rights for every adult citizen—

a revolutionary step in post-colonial democracies.

V. Asymmetric Federalism: By introducing the articles concerning Jammu and Kashmir (Art. 370) and the

North-East (Art. 371), the Indian Constitution anticipates the very important concept of asymmetric

federalism. The Constitution recognized regional diversity, allowing flexibility in governance.

VI. Promotion of National Identity: While preserving plural identities, it fosters a sense of common

citizenship and fraternity. The Indian Constitution tried to balance national identity with distinct religious or

linguistic identities.

Ans 4. Here are the key points-

I. Gives special rights to minorities: Religious and linguistic minorities can run their own

schools and protect their culture.

II. Respects all communities: The Constitution encourages equal respect between different groups like

Hindus, Muslims, Sikhs, etc.

Ill. No community dominance: It tries to stop any one group from dominating others

and promotes equal treatment.

IV. Asymmetric federalism: Articles 370 and 371 gave special status to regions like

Jammu & Kashmir and Nagaland.

V. Equal citizenship for all: Despite differences, everyone is an equal citizen under one

Constitution.

VI. Unity in diversity: The Constitution balances national unity with the freedom for

communities to follow their traditions.

Ans 5. The Constituent Assembly Debates (CADs) are a rich source of insight into the meaning, intent, and

spirit of the Constitution. They remain relevant for interpreting and upholding constitutional values today.

I. Understanding the Framers' intentions: The debates show what framers hoped to

achieve and provide moral and political justifications for key provisions.

II. Clarifying complex concepts: Terms like secularism, liberty, justice, etc., are better understood when

viewed through the lens of the debates.

Ill. Moral anchoring of law: CADs reveal the ethical reasoning behind provisions, which

helps in resolving modern legal and political dilemmas.

IV. Continuity in values: Many of the issues debated then remain current - like minority rights, federalism, or

gender justice. The CADs bridge the past with the present.

V. Shield against misinterpretation: In times of constitutional challenge or political misuse, CADs serve as a

standard of reference for what the Constitution truly intended.

VI. Democratic engagement: Studying the debates fosters a deeper civic understanding

and respect for democratic processes and compromises made.