2. Making of the Indian Constitution Flashcards

(77 cards)

1
Q

What is the Imprint of the British Constitution on the Indian Constitution?

A

The imprint of the British Constitution on the Indian Constitution refers to the influence and incorporation of British legal principles, parliamentary systems, and governance structures into the framework of the Indian Constitution, shaping its democratic and legal foundations.

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2
Q

What are the founding principles that define India’s constitution?

A

The founding principles that define India’s constitution include justice, liberty, equality, and fraternity, which aim to promote social, economic, and political justice and ensure the dignity of the individual and the unity of the nation.

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3
Q

What does it mean that the constitution of India is a product of historical process?

A

The constitution of India being a product of historical process means that it was developed through a series of historical events, struggles, and influences, reflecting the socio-political context and constitutional antecedents that shaped its formation.

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4
Q

How did the constitution makers address Social Inequality in India?

A

The constitution makers addressed social inequality in India by incorporating provisions that promote social justice, affirmative action, and the protection of marginalized communities, aiming to create a more equitable society.

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5
Q

What is the significance of Unity and integrity as a constitutional goal in India?

A

Unity and integrity as a constitutional goal in India signify the importance of maintaining national cohesion and harmony among diverse social, cultural, and religious groups, ensuring that the nation remains united despite its diversity.

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6
Q

What does Granville Austin mean by describing the Indian Constitution as a living document?

A

Granville Austin describes the Indian Constitution as a living document to emphasize its ability to evolve and adapt to changing societal needs and circumstances while retaining its core values and principles.

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7
Q

What is the concept of separation of powers introduced by Montesquieu?

A

The concept of separation of powers introduced by Montesquieu refers to the division of governmental authority into distinct branches—executive, legislative, and judicial—to prevent the concentration of power and protect against tyranny.

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8
Q

What role did Dr. B.R. Ambedkar play in addressing social injustices in the Indian Constitution?

A

Dr. B.R. Ambedkar played a crucial role in addressing social injustices in the Indian Constitution by advocating for provisions that ensure social and economic justice, particularly for marginalized and oppressed communities.

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9
Q

What is the function of the Constitution in structuring government?

A

The Constitution defines government branches and their functions, ensuring a separation of powers, as reinforced by the ‘Keshavananda Bharati v. State of Kerala’ case (1973).

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10
Q

How does the Constitution protect citizens’ rights?

A

The Constitution guarantees fundamental rights, exemplified by the ‘Navtej Singh Johar v. Union of India’ (2018) case, where the Supreme Court upheld rights to equality, dignity, and personal liberty by decriminalizing consensual same-sex relations.

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11
Q

What role does the Constitution play in ensuring the rule of law?

A

The Constitution affirms that everyone is subject to the law, as demonstrated in ‘State of Punjab v. Davinder Pal Singh Bhullar’ (2011), where the Supreme Court emphasized the upholding of fundamental rights and the rule of law.

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12
Q

What are checks and balances in the context of a Constitution?

A

Checks and balances are mechanisms established by constitutions to prevent power concentration, such as India’s Collegium system, which ensures judicial independence, as established in ‘Supreme Court Advocates-on-Record Association v. Union of India’ (1993).

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13
Q

What is the significance of the amendment process in a Constitution?

A

The amendment process allows constitutions to adapt to changing needs, as detailed in Article 368 of the Indian Constitution, with the GST amendment showcasing how constitutions can evolve.

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14
Q

What philosophical basis underlies many modern constitutions?

A

Many modern constitutions are grounded in the principles of democracy, emphasizing popular sovereignty, the rule of the majority, and the protection of individual rights.

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15
Q

How do constitutions address justice and equity?

A

Constitutions often seek to establish a just and equitable society, addressing issues of social and economic justice, as proposed by political philosopher John Rawls in his theory of justice as fairness.

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16
Q

What is the role of human rights in the philosophical basis of a Constitution?

A

The protection of individual and human rights is a key philosophical basis for many constitutions, ensuring that citizens are entitled to certain fundamental freedoms and protections.

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17
Q

What does the rule of law signify in constitutional philosophy?

A

The rule of law is a fundamental principle emphasizing that all individuals and institutions are subject to and accountable under the law, forming a core aspect of many constitutions.

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18
Q

What is Dicey’s rule of law doctrine?

A

Dicey’s rule of law doctrine, articulated by A.V. Dicey, underscores the concept that no one is above the law.

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19
Q

What does secularism mean in the context of constitutions?

A

Secularism refers to the separation of religion and state, where constitutions may either endorse this separation or reflect the religious values and beliefs of the population.

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20
Q

What is the significance of equality in the Indian Constitution?

A

The principle of equality before the law and equal protection of the law is enshrined in the Indian Constitution, promoting a fair and just society.

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21
Q

What does it mean for India to be a sovereign state?

A

India’s sovereignty signifies its autonomy in international relations, demonstrated through independent foreign policies and strategic partnerships.

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22
Q

How does the Indian Constitution promote socialism?

A

The Indian Constitution aims for economic equality, evidenced by initiatives like the MGNREGA program to guarantee employment and reduce disparities.

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23
Q

What is the role of secularism in the Indian Constitution?

A

Secularism in the Indian Constitution ensures that all religions are treated equally, with the state not favoring any religion, allowing free practice and propagation of faith.

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24
Q

What does it mean for India to be a democratic republic?

A

Being a democratic republic means that power resides with the people, highlighted by regular, free, and fair elections where citizens elect their representatives.

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25
What is the focus of justice in the Indian Constitution?
The focus on justice in the Indian Constitution includes social, economic, and political justice, with legal aid for marginalized communities to promote fairness.
26
How does the Indian Constitution guarantee liberty?
The Indian Constitution protects individual freedoms, including speech and expression, ensuring a vibrant press and active civil society without undue censorship.
27
What is the significance of fraternity in the Indian Constitution?
Fraternity promotes unity among India's diverse population, celebrating national symbols and multicultural festivals to foster a sense of belonging.
28
How does the Indian Constitution uphold the dignity of the individual?
The Indian Constitution upholds every citizen's dignity, with laws protecting against discrimination, including for LGBTQ+ individuals.
29
What is the role of the Constituent Assembly in India?
The Constituent Assembly was a sovereign body tasked with drafting and adopting the Constitution of India, operating independently without external influence.
30
What authority did the Constituent Assembly have in drafting the Constitution?
The Constituent Assembly had the sole authority to draft and adopt the Constitution, ensuring it reflected the will of the people through debate and deliberation.
31
What does 'No External Control' mean in the context of the Constituent Assembly of India?
'No External Control' means that the Constituent Assembly was not bound by any pre-existing legal framework or constitution, allowing it to freely determine the Constitution's provisions and principles, making it a sovereign entity in the legal and political sense.
32
What is the significance of January 26, 1950, in Indian history?
January 26, 1950, marks the day the Constituent Assembly adopted the Indian Constitution, signifying India's official emergence as a sovereign republic, celebrated as Republic Day in India.
33
What vision did the Constituent Assembly of India have regarding democracy?
The vision of the Constituent Assembly regarding democracy was to establish a government powered by the people, aiming for a representative democracy enriched by free elections and diverse representation.
34
How did the Constituent Assembly of India address social and economic justice?
The Constituent Assembly addressed social and economic justice by focusing on equitable resource distribution and advocating for affirmative action for marginalized communities, emphasizing justice as a societal foundation.
35
What role did secularism play in the vision of the Constituent Assembly of India?
Secularism played a crucial role in the vision of the Constituent Assembly by ensuring religious freedom and equality, aimed at maintaining harmony and national unity.
36
What does 'Unity in Diversity' signify in the context of the Indian Constitution?
'Unity in Diversity' signifies the acknowledgment of India's rich diversity while aiming for national unity, allowing for regional autonomy facilitated by a federal structure.
37
What was the purpose of reserved seats for minorities in the Constituent Assembly?
The purpose of reserved seats for minorities in the Constituent Assembly was to protect minority interests and ensure their inclusion in the legislative process, particularly for smaller or marginalized groups.
38
What is the importance of the rule of law as envisioned by the Constituent Assembly of India?
The rule of law is important as it establishes that all individuals and government officials are accountable under the law, which is essential for justice and the protection of rights.
39
What is the Separate Assemblies Demand in the context of the Indian Constituent Assembly?
The Separate Assemblies Demand refers to calls for distinct Constituent Assemblies for different regions or communities, emphasizing autonomy, which was ultimately countered by a commitment to a single, unified assembly for national unity as discussed by Rajni Kothari.
40
What was Dr. B.R. Ambedkar's focus regarding the representation of Depressed Classes in the Constituent Assembly?
Dr. B.R. Ambedkar focused on ensuring representation for Scheduled Castes and Tribes through reserved seats to address historical injustices, as highlighted by Gail Omvedt.
41
What criticism is made regarding the limited franchise of the Constituent Assembly?
Critics argue that the Constituent Assembly's composition was based on a limited franchise, as members were indirectly elected by provincial legislatures with restrictive suffrage criteria, leading to the exclusion of many marginalized groups, including women.
42
How did the absence of direct elections impact the legitimacy of the Constituent Assembly?
The absence of direct elections for Constituent Assembly members raised questions about its democratic legitimacy, as direct elections are fundamental for ensuring the people's direct choice of their representatives, which was limited by the indirect election method.
43
What measures did the Constituent Assembly take to ensure wider representation despite its limitations?
The Constituent Assembly conducted extensive consultations and sought public input, holding discussions and considering various reports and proposals from across the country to ensure a more comprehensive representation of the people's aspirations.
44
What is the significance of the Constituent Assembly's extensive consultations?
The Constituent Assembly's extensive consultations underscored its commitment to seeking public input, allowing for a more comprehensive representation of diverse aspirations and concerns.
45
What efforts did the Constituent Assembly make to address marginalization?
The Constituent Assembly included provisions for affirmative action, such as reserved seats for Scheduled Castes and Scheduled Tribes, to address the marginalization of certain groups.
46
How did Dr. B.R. Ambedkar contribute to the rights of marginalized communities?
Dr. B.R. Ambedkar played a pivotal role in advocating for the rights of marginalized communities, particularly through his support for affirmative action and reserved seats in the Constituent Assembly.
47
What was the Constituent Assembly's focus on inclusivity?
The Constituent Assembly aimed to create an inclusive document that safeguarded the rights and interests of all citizens, accommodating the diversity of India and balancing various perspectives.
48
What is the historical significance of the ideas of the Constituent Assembly?
The ideas and principles enshrined in the Constitution continue to hold historical significance, guiding India's democratic journey and providing a stable framework for governance.
49
How does the Constitution protect fundamental rights?
The Constitution guarantees fundamental rights to all citizens, ensuring equality, liberty, and justice, which are critical in upholding individual freedoms and protecting the vulnerable in contemporary India.
50
What role does secularism and pluralism play in the Indian Constitution?
The framers of the Constitution embraced secularism and pluralism, allowing India's diverse population to coexist harmoniously, which remains relevant in ongoing debates on tolerance and communal harmony.
51
What is the significance of secularism in India's constitutional framework?
Secularism in India's constitutional framework emphasizes the ongoing relevance of religious and cultural tolerance in a diverse and pluralistic society, particularly in contemporary debates.
52
How has digital privacy evolved in the context of the Indian Constitution?
The Constitution's fundamental right to privacy, recognized by the Supreme Court of India in 2017, highlights the importance of protecting individual freedoms in the digital age amidst debates on data privacy and surveillance.
53
What role does social justice and reservation play in contemporary India?
The Constitution's commitment to social justice and affirmative action through reservations remains relevant, as ongoing discussions and protests related to caste-based reservations demonstrate its importance in addressing inequalities.
54
Why is environmental protection significant in the Indian Constitution?
The Constitution's directive principles guide the government to protect the environment and wildlife, gaining importance in the face of environmental challenges and climate change, as seen in public interest litigation related to conservation.
55
What is Dr. B.R. Ambedkar's view on the Constitution's evolution?
Dr. B.R. Ambedkar believed that the Constitution was designed to evolve with the changing needs of society, serving as a means to ensure social and economic justice for all.
56
How did the framers of the Indian Constitution incorporate Western ideas?
The framers drew inspiration from various Western sources, including the UK, US, Ireland, and Canada, incorporating concepts like parliamentary democracy, federalism, and the rule of law into the Constitution.
57
In what ways was the Indian Constitution adapted to the Indian context?
While influenced by foreign models, the Constitution was adapted to reflect India's unique socio-cultural and political context, ensuring it preserved indigenous values and traditions.
58
What are the Directive Principles of State Policy in the Indian Constitution?
The Directive Principles of State Policy include provisions inspired by ancient Indian traditions, such as village panchayats, aiming to blend modern governance with indigenous values.
59
What is the significance of the term 'negotiated text' in relation to the Indian Constitution as argued by Rajeev Bhargava?
The term 'negotiated text' signifies that the Indian Constitution is not merely borrowed from other sources but is a unique document that combines various elements while preserving India's distinct identity, reflecting a synthesis of global and indigenous principles.
60
How did the British rule influence the political system and constitution of India?
The British rule influenced India's political system and constitution through the establishment of a parliamentary democracy, the rule of law, a bicameral system, a cabinet system, the introduction of common law, and the tradition of constitutionalism, among other aspects.
61
What was the impact of the Government of India Act, 1935 on India's political system?
The Government of India Act, 1935 introduced provincial autonomy, established a federal structure with distinct central and provincial entities, and laid the groundwork for a bicameral legislature, significantly influencing the constitution-making process in India.
62
What was the significance of the Government of India Act, 1919 in India's constitutional development?
The Government of India Act, 1919 was significant as it introduced a quasi-federal system and allowed for direct elections, enabling people to choose their representatives directly for the first time, which became a cornerstone of India's democratic framework.
63
What are the key features of the parliamentary system of government in India that reflect British influence?
Key features of India's parliamentary system that reflect British influence include a dual executive consisting of a President and Prime Minister, and a bicameral legislature comprising the Rajya Sabha and Lok Sabha.
64
What is the significance of the Rule of Law in the Indian Constitution?
The Rule of Law ensures the supremacy of law and equality before the law, which is a core principle borrowed from Britain and is embedded in the Indian Constitution's preamble, upheld by an independent judiciary.
65
How does the Indian Administrative Service (IAS) reflect the influence of the British system?
The IAS was modeled after the British Indian Civil Service, providing governance continuity from colonial times to an independent republic.
66
What role did the Constituent Assembly play in shaping the Indian Constitution?
The Constituent Assembly reflected India's diversity in its composition, including members from various religious backgrounds, regions, and castes, ensuring.
67
What does the Rule of Law ensure?
The Rule of Law ensures the supremacy of law and equality before the law, which is a core principle embedded in the Indian Constitution's preamble, upheld by an independent judiciary.
68
What role did the Constituent Assembly play in shaping the Indian Constitution?
The Constituent Assembly reflected India's diversity in its composition, including members from various religious backgrounds, regions, and castes, ensuring a variety of perspectives in the debates that shaped the Constitution.
69
What principle of governance does secularism represent in the Indian Constitution?
Secularism ensures that the state remains neutral in religious matters to prevent favoritism and promote harmony among India's diverse religious communities.
70
What is the importance of Universal Adult Franchise in the Indian Constitution?
Universal Adult Franchise grants voting rights to all adult citizens, regardless of their background, ensuring inclusive participation in the democratic process.
71
How does the federal structure of the Indian Constitution cater to regional diversities?
The federal structure adopts strong central control while granting significant powers to state governments, allowing them to manage local affairs effectively and cater to regional diversities.
72
What was Dr. B.R. Ambedkar's vision for the relationship between political and social democracy?
Dr. B.R. Ambedkar emphasized that political democracy cannot last without a foundation of social democracy, highlighting the need to reconcile the interests of different social groups for national unity.
73
What is the Reservation System in the context of the Indian Constitution?
The Reservation System refers to the implementation of reservations in education, employment, and legislature for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, aimed at addressing historical injustices and providing these communities with opportunities to participate in the nation's political and social life.
74
How did Granville Austin describe the Indian Constitution?
Granville Austin described the Indian Constitution as a social document, emphasizing its role in addressing the social challenges inherent in India's diverse setting and its function as a tool for social revolution.
75
What did Dr. B.R. Ambedkar emphasize regarding the Indian Constitution?
Dr. B.R. Ambedkar emphasized the need for social justice and addressing the inequities of the caste system, asserting that constitutional methods alone could help overcome differences and inequalities.
76
What was Jawaharlal Nehru's perspective on the future working of the Constitution?
Jawaharlal Nehru highlighted the importance of scientific temper and economic development for the nation's progress, seeking to balance socialism with democracy.
77
How did Granville Austin view the adaptability of the Indian Constitution?
Granville Austin viewed the Indian Constitution as a 'living document' that could adapt to changing circumstances while preserving its core values, reflecting its significance in a dynamic society.