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Q1. The following are different positions about reading and understanding Constituent Assembly debates.

1. Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement

says that they are not relevant?

2. . With which of these positions do you agree and why?

1. Common people are too busy in earning livelihood and meeting different pressures of life. They can’t understand

the legal language of these debates.

2. The conditions and challenges today are different from the time when the Constitution was made. To read the ideas

of Constitution makers and use them for our new times is trying to bring past in the present.

3. Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly

debates can provide us reasons why certain practises are important. In a period when constitutional practises are

being challenged, not knowing the reasons can destroy them.

Ans: I.

1. This statement says that they are not relevant.

2. The Constituent Assembly debates are relevant even today because a history of our Constitution is still very much a

history of the present but the above said statement argues that they are not relevant.

3. This statement argues that Constituent Assembly debates are relevant even today.

II.

1. Yes, I do agree with the position. The debates of constituent Assembly are relevant so as to understand and interpret

the various articles of the Constitution but they contain a lot of legal terms which the common man can't easily

comprehen.

2. I do agree with this statement. As we see that our Constitution during the period of fifty six years about 100 times

has been amended.

3. I agree with this position also because the most important challenges have not changed totally.

Q2. One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence

can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you

recommend for remedying this limitation?

Ans: It is true that there are inadequate provisions for gender justice in the Constitution. Though it is a fundamental right of

every citizen to be treated equally but there is no specification of the basis of gender but specification is made on

religion, caste and class.

Citizens cannot be exploited or discriminated on the basis of their caste, class, language and religion but there is no

mention of gender. Respect for women has been confined to the directive principles and women's rights are not

specified so that they can be interpreted and defended by the judiciary. The status of women within family has also

been ignored in the Constitution. Thus, it makes no special privileges for almost half of the population while there are

provisions for affirmative action for other socially backward groups and minorities.

Provisions for women

Freedom of conscience and profession irrespective of the gender of the citizen.

Right to liberty and personal freedoms specially speech and expression irrespective of the gender of the citizen.

Move freely and safely throughout the territory of India.

Right to life and liberty.

Minimum age of marriage- 21 years for both males and females.

Making education is must for girl child.

Curbing practices like female infanticide and foeticide with harsh punishment for either.

Protection from domestic violence.

Protection from any kind of sexual harassment.

Q3. Do you agree with the statement that “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”? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the

section of Directive Principles?

Ans: It is correct that basic socio-economic rights were relegated to directive principles. These rights should have been

incorporated particularly for backward classes in the same manner as the cultural rights of minorities. A developing

country like India requires the fulfilment of the potential of human resources. For this reason, it is essential that the

socio-economic requirements of all sections of society are met and all groups have equal opportunities.

The possible reason for putting socio-economic rights in the section of Directive Principles was the lack of adequate

resources in a newly independent nation. Making socio-economic rights a feature of fundamental rights would have

placed a burden on the state. Besides, the economic development path of the newly independent country was already

concerned with planned development whose benefits were to be made available to all sections of the society.

Q5. Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution

unrepresentative? Give reasons for your answer.

Ans: The constitution of India was framed in November 1946 through indirect election of its member by provisional

legislature under the provisions of Cabinet Mission Plan 1946.

The Assembly consisted of 389 members out of which 292 were to be elected from the provinces, 93 were to be

nominated from Chief Commissioner’s areas.

Each provincial Assembly elected its own members through single transferable vote system.

Due to partition in June 1947 under Mountbatten Plan, this membership reduced to 299 and finally 284 members

signed on the constitution on 26 November, 1949.

On August 15, 1947, the Constituent Assembly functioned as a sovereign entity but it is considered unrepresentative

because its members were chosen by restricted franchise in place of universal suffrage.

But Constituent Assembly included the member from each and every section of society to be represented and on a

thorough reading, we may find that no section is untouched on the various issues and opinions.

Q6. This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and

why.

Jayesh: I still think that our Constitution is only a borrowed document.

Saba: Do you mean to say that there is nothing Indian in it? But is there such a thing as Indian and western in the case of

values and ideas? Take equality between men and women. What is western about it? And even if it is, should we reject it

only because it is western?

Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of

parliamentary government?

Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle

of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.

Ans: The arguments of Saba and Neha are correct that the idea of equality cannot be rejected merely because it is of

western origin. The values that are a part of the Constitution are universal and thus, cannot be discriminated as Indian

or Western. It is also correct that while the British were unjust in their policy of colonialism, there were certain

principles of their governance that were modern and suitable as they allowed people to choose their own

representatives. Thus, the positive values of British system should not be ignored on the basis of negative impact of

British colonialism.

Q7. Explain the difference between the Indian Constitution and western ideas in the light of:

Universal adult franchise.

Ans: Every Indian citizen whose age is 18 years or above, is eligible to vote whereas in established democratic countries right

to vote was extended to women and working class in the 20 century after a long struggle.

Q8. Explain the difference between the Indian Constitution and western ideas in the light of:

Articles 370 and 371.

Ans:

The articles 370 and 371 give special rights to the state of Jammu and Kashmir and the north-eastern states respectively

according to their peculiar social and historical background. This type of provision of accommodation is not found in

western countries.

Q9. Explain the difference between the Indian Constitution and western ideas in the light of:

Affirmative action.

Ans: Affirmative action in India is based on principle of social justice without compromising on individual liberties. In India

affirmative action was introduced two decades before it was introduced in U.S.

Q10. Which of the following principles of secularism are adopted in the Constitution of India?

1. That state will have nothing to do with religion.

2. That state will have close relation with religion.

3. That state can discriminate among religions.

4. That state will recognise rights of religious groups.

5. That state will have limited powers to intervene in affairs of religions.

Ans: 1. That state will have nothing to do with religion.

4. That state will recognise rights of religious groups.

5. That state will have limited powers to intervene in affairs of religions.

Q11. Explain the difference between the Indian Constitution and western ideas in the light of:

Understanding of secularism.

Ans: Indian secularism is based on principled distance whereas that of western secularism is based on mutual exclusion. In

India, every religion is treated equally so that every citizen can be treated equally and can enjoy a life of dignity. In the

west, religion cannot interfere in matters of State and the State cannot interfere in matters of religion.

Q12. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give

reasons.

There shall be no begar or forced labour.

Ans: Idea of social justice as it strives to end forced labour and protect workers from exploitation.

Q13. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give

reasons.

There will be different slabs of sales tax on different consumer items.

Ans: Economic justice as it reflects the importance of certain consumer items for people and seeks to discourage the

consumption of other items deemed as non-essential.

Q14. Which of the options given below cannot be used to complete the following statement?

Democratic countries need a constitution to:

1. Check the power of the government.

2. Protect minorities from majority. Bring independence from colonial rule.

3. Ensure that a long-term vision is not lost by momentary passions.

4. Bring social change in peaceful manner.

Ans: 3. Bring independence from colonial rule.

Q15. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give

reasons.

Religious instructions will not be given in any government school.

Ans: Secularism as it shows that the government does not give importance to any religion in particular.

Q16. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give

reasons.

Both daughters and sons will have share in the family property.

Ans: Idea of equality and social justice. It treats both children equally by giving inheritance to them irrespective of their

gender.