CONSTITUTIONAL DESIGN- QUESTION ANSWERS (1)
CONSTITUTIONAL DESIGN- QUESTION ANSWERS (1)
QUESTION- ANSWERS
1. What do you understand by the term ‘Apartheid’? (3)
Ans.
Apartheid was the name of a system of racial discrimination unique to South Africa. The
white Europeans imposed this system on South Africa.
The system of apartheid divided the people and labelled them on the basis of their skin
colour. The native people of South Africa made up about three-fourth of the population
and were called ‘blacks’. Besides these two groups, there were people of mixed races
who were called ‘coloured’ and people who migrated from India.
The white rulers treated all nonwhites as inferiors.
2. The system of Apartheid was oppressive for the blacks. Explain this statement by giving
examples. (5)
Ans. The apartheid system was particularly oppressive for the blacks. This can be seen from
the following examples:
The non-whites did not have voting rights.
They were forbidden from living in white areas. They could work in white areas only if
they had a permit.
Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls,
theatres, beaches, swimming pools, public toilets were all separate for the Whites and
Blacks. This was called SEGREGATION.
The blacks could not visit the churches where white people worshipped and could not
form associations or protest against the terrible treatment.
3. Discuss the struggle in South Africa against apartheid. (3)
Ans.
Since 1950, the blacks, coloured and Indians fought against the apartheid system. They
launched protest marches and strikes.
The African National Congress (ANC) was the umbrella organisation that led the struggle
against the policies of segregation. This included many workers’ unions and the
Communist Party. Many sensitive whites also joined the ANC to oppose apartheid and
played a leading role in this struggle.
Several countries denounced apartheid as unjust and racist. But the white racist
government continued to rule by detaining, torturing, and killing thousands of black and
coloured people.
As protests and struggles against apartheid had increased, the white regime changed its
repressive policies. Discriminatory laws were repealed. Ban on political parties and
restrictions on the media were lifted. After 28 years of imprisonment, Nelson Mandela
was released and later became the First President of new South Africa.
Finally, at the midnight of 26 April 1994, the Republic of South Africa was born as a
democratic country. The apartheid government came to an end, paving way for the
formation of a multi-racial government.
4. “The Constitution of South Africa is seen as a model of democracy.” Examine the
drafting of this Constitution that makes it an exceptional document. (5)
Ans.
After the emergence of the new democratic South Africa, black leaders appealed to
fellow blacks to forgive the whites for the atrocities they had committed while in power.
They wanted to build a new South Africa based on equality of all races and men and
women, on democratic values, social justice, and human rights.
The party that ruled through oppression and brutal killings and the party that led the
freedom struggle sat together to draw up a common constitution.
After two years of discussion and debate they came out with one of the finest
constitutions the world has ever had.
This constitution gave to its citizens the most extensive rights available in any country.
The Republic of South Africa is today seen as the model of democracy.
5. What is a Constitution? Give examples. (3+2=5)
Ans.
The constitution of a country is a set of written rules that are accepted by all people
living together in a country.
Constitution is the supreme law that determines the relationship among people living in
a territory (called citizens) and also the relationship between the people and
government. As the supreme law of the country, the constitution determines the rights
of citizens, the powers of the government and how the government should function.
All countries that have constitutions are not necessarily democratic. But all countries
that are democratic will have constitutions.
Example: After the War of Independence against Great Britain, the Americans gave
themselves a constitution.
Example: After the Revolution, the French people approved a democratic constitution.
Since then, it has become a practice in all democracies to have a written constitution.
6. Examine the need and significance of a constitution. (4)
Ans.
First, it generates a degree of trust and coordination that is necessary for different kind
of people to live together.
Second, it specifies how the government will be constituted, who will have power to
take which decisions.
Third, it lays down limits on the powers of the government and tells us what the rights
of the citizens are.
Fourth, it expresses the aspirations of the people about creating a good society.
7. ‘The Indian constitution was drawn up under very difficult circumstances.’ Explain. (4
points explained)
Or
What were the challenges faced by the constitution makers while drafting the Indian
constitution? (4 points)
Ans. India’s Constitution was drawn up under very difficult circumstances:
The making of the constitution for a huge and diverse country like India was not an easy
affair.
At that time, the people of India were emerging from the status of subjects to that of
citizens.
The country was born through a partition on the basis of religious differences. This was
a traumatic experience for the people of India and Pakistan. At least ten lakh people
were killed on both sides of the border in partition related violence.
There was another problem. The British had left it to the rulers of the princely states to
decide whether they wanted to merge with India or with Pakistan or remain
independent. The merger of these princely states was a difficult and uncertain task.
When the constitution was being written, the future of the country did not look as
secure as it does today. The makers of the constitution had anxieties about the present
and the future of the country.
8. ‘Indian constitution makers had many advantages in the process of making it’. Analyse
the factors that helped the makers of the constitution while drafting it. (5 points with
explanation).
Ans. Despite all these difficulties, there was one big advantage for the makers of the Indian
Constitution:
1. Unlike South Africa, they did not have to create a consensus about what a democratic
India should look like as this was built during the freedom struggle.
2. In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.
In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on
how independent India’s constitution should look like. Both these documents were
committed to the inclusion of universal adult franchise, right to freedom and equality
and to protecting the rights of minorities in the constitution of independent India. Thus,
some basic values were accepted by all leaders much before the Constituent Assembly
met to deliberate on the Constitution.
3. Though the colonial legislatures were not democratic, the experience gained by the
Indians in the working of the legislative institutions proved to be very useful for the
country in setting up its own institutions and working in them. That is why the Indian
Constitution adopted many institutional details and procedures from colonial laws like
the Government of India Act of 1935.
4. Many of our leaders were inspired by the ideals of French Revolution, the practice of
parliamentary democracy in Britain and the Bill of Rights in the US.
5. The socialist revolution in Russia had inspired many Indians to think of shaping a system
based on social and economic equality.
9. Why should we accept the Constitution made by the assembly more than 70 years ago?
(3 marks, explain 3 points)
Ans. The Constitution does not reflect the views of its members alone. It expresses a broad
consensus of its time:
Many countries of the world have had to rewrite their Constitution afresh because the
basic rules were not acceptable to all major social groups or political parties. In some
other countries, the Constitution exists as a mere piece of paper. No one actually
follows it. The experience of our Constitution is different. Over the last half a century,
several groups have questioned some provisions of the Constitution. But no large social
group or political party has ever questioned the legitimacy of the Constitution itself. This
is an unusual achievement for any constitution.
The second reason for accepting the Constitution is that the Constituent Assembly
represented the people of India. There was no universal adult franchise at that time. So
the Constituent Assembly could not have been chosen directly by all the people of India.
The Assembly was dominated by the Indian National Congress, the party that led India’s
freedom struggle. But the Congress itself included a variety of political groups and
opinions. The Assembly had many members who did not agree with the Congress. In
social terms too, the Assembly represented members from different language groups,
castes, classes, religions and occupations. Even if the Constituent Assembly was elected
by universal adult franchise, its composition would not have been very different.
Finally, the manner in which the Constituent Assembly worked gives sanctity to the
Constitution. The Constituent Assembly worked in a systematic, open and consensual
manner.
10. How was the constituent assembly formed? Explain the steps that led to the making of
the Indian constitution. (5 marks)
Ans.
The drafting of the document called the Constitution was done by an assembly of
elected representatives (299 members) called the Constituent Assembly.
Elections to the Constituent Assembly were held in July 1946. Its first meeting was held
in December 1946. Soon after, the country was divided into India and Pakistan. The
Constituent Assembly was also divided into the Constituent Assembly of India and that
of Pakistan.
A Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for
discussion. Several rounds of thorough discussion took place on the Draft Constitution,
clause by clause.
More than two thousand amendments were considered. The members deliberated for
114 days spread over three years. Every document presented and every word spoken in
the Constituent Assembly has been recorded and preserved. These are called
‘Constituent Assembly Debates’. When printed, these debates are 12 bulky volumes.
These debates provide the rationale behind every provision of the Constitution. These
are used to interpret the meaning of the Constitution.
The Assembly adopted the Constitution on 26 November 1949 but it came into effect on
26 January 1950.
11. What is a preamble? Why is it called the soul of the constitution?
Ans.
• Values that inspired and guided the freedom struggle are embedded in the
Preamble of the Indian Constitution. They guide all the articles of the Indian
Constitution. The Constitution begins with a short statement of its basic values. This
is called the Preamble to the constitution.
• The Preamble of the Constitution reads like a poem on democracy. It contains the
philosophy on which the entire Constitution has been built. It provides a standard to
examine and evaluate any law and action of government, to find out whether it is
good or bad. It is the soul of the Indian Constitution.
12. Explain the following principles and values embedded in the preamble of the
constitution of India.
(a) SOVEREIGN (b) SOCIALIST (c) DEMOCRATIC (d) REPUBLIC
(e) JUSTICE (f) LIBERTY (g) EQUALITY (h) FRATERNITY
Ans. PRINCIPLES:
SOVEREIGN: People have supreme right to make decisions on internal as well as
external matters. No external power can dictate the government of India.
SOCIALIST: Wealth is generated socially and should be shared equally by society.
Government should regulate the ownership of land and industry to reduce socio-
economic inequalities.
SECULAR: Citizens have complete freedom to follow any religion. But there is no official
religion. Government treats all religious beliefs and practices with equal respect.
DEMOCRATIC: A form of government where people enjoy equal political rights, elect
their rulers, and hold them accountable. The government is run according to some basic
rules.
VALUES:
REPUBLIC: The head of the state is an elected person and not a hereditary position.
JUSTICE: Citizens cannot be discriminated on the grounds of caste, religion and gender.
Social inequalities have to be reduced. Government should work for the welfare of all,
especially of the disadvantaged groups.
LIBERTY: There are no unreasonable restrictions on the citizens in what they think, how
they wish to express their thoughts and the way they wish to follow up their thoughts in
action.
EQUALITY: All are equal before the law. The traditional social inequalities have to be
ended. The government should ensure equal opportunity for all.
FRATERNITY: All of us should behave as if we are members of the same family. No one
should treat a fellow citizen as inferior.
13. What are constitutional amendments?
Ans. Those who crafted the Indian Constitution felt that it has to be in accordance with
people’s aspirations and changes in society. They did not see it as a sacred, static and
unalterable law. So, they made provisions to incorporate changes from time to time. These
changes are called constitutional amendments.
14. Write short notes on: -
(a) Dr BR Ambedkar: Chairman of the Drafting Committee. Social revolutionary
thinker and agitator against caste divisions and caste based inequalities. Later: Law
minister in the first cabinet of post-independence India. Founder of Republican Party of
India.
(b) Jawaharlal Nehru: Prime Minister of the interim government. Lawyer and
Congress leader. Advocate of socialism, democracy, and anti-imperialism. Later: First
Prime Minister of India
(c) Sarojini Naidu: Poet, writer, and political activist. Among the foremost women
leaders in the Congress. Later: Governor of Uttar Pradesh
(d) Sardar Vallabhbhai Patel: Minister of Home, Information and Broadcasting in the
Interim Government. Lawyer and leader of Bardoli peasant satyagraha. Played a decisive
role in the integration of the Indian princely states. Later: Deputy Prime Minister
(e) Constitutional Assembly Debates: The members deliberated for 114 days spread over
three years. Every document presented and every word spoken in the Constituent
Assembly has been recorded and preserved. These are called ‘Constituent Assembly
Debates’. When printed, these debates are 12 bulky volumes. These debates provide
the rationale behind every provision of the Constitution. These are used to interpret the
meaning of the Constitution.
15. Explain the similarities and differences between the vision for the constitution of India
shared by Mahatma Gandhi and Dr BR Ambedkar.
14. Ans. Both Gandhiji and Ambedkar believed in the value of equality and wanted to end
untouchability in India. However while Ambedkar wanted to bring about social and economic
freedom and equality along with political equality, Gandhiji mainly fought for political
independence.