2. Making of the Indian Constitution Flashcards
(77 cards)
What is the Imprint of the British Constitution on the Indian Constitution?
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.
What are the founding principles that define India’s constitution?
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.
What does it mean that the constitution of India is a product of historical process?
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.
How did the constitution makers address Social Inequality in India?
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.
What is the significance of Unity and integrity as a constitutional goal in India?
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.
What does Granville Austin mean by describing the Indian Constitution as a living document?
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.
What is the concept of separation of powers introduced by Montesquieu?
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.
What role did Dr. B.R. Ambedkar play in addressing social injustices in the Indian Constitution?
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.
What is the function of the Constitution in structuring government?
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).
How does the Constitution protect citizens’ rights?
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.
What role does the Constitution play in ensuring the rule of law?
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.
What are checks and balances in the context of a Constitution?
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).
What is the significance of the amendment process in a Constitution?
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.
What philosophical basis underlies many modern constitutions?
Many modern constitutions are grounded in the principles of democracy, emphasizing popular sovereignty, the rule of the majority, and the protection of individual rights.
How do constitutions address justice and equity?
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.
What is the role of human rights in the philosophical basis of a Constitution?
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.
What does the rule of law signify in constitutional philosophy?
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.
What is Dicey’s rule of law doctrine?
Dicey’s rule of law doctrine, articulated by A.V. Dicey, underscores the concept that no one is above the law.
What does secularism mean in the context of constitutions?
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.
What is the significance of equality in the Indian Constitution?
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.
What does it mean for India to be a sovereign state?
India’s sovereignty signifies its autonomy in international relations, demonstrated through independent foreign policies and strategic partnerships.
How does the Indian Constitution promote socialism?
The Indian Constitution aims for economic equality, evidenced by initiatives like the MGNREGA program to guarantee employment and reduce disparities.
What is the role of secularism in the Indian Constitution?
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.
What does it mean for India to be a democratic republic?
Being a democratic republic means that power resides with the people, highlighted by regular, free, and fair elections where citizens elect their representatives.