CHRIST (Deemed to be University), Bengaluru – 560076

MID SEMESTER EXAMINATION - October 2021

Semester III

PROGRAMME NAME: BA EPH/EMP MAX. MARKS: 50

COURSE NAME: Indian Government and Politics- I TIME: 10 AM- 4 PM (6 Hrs.)
COURSE CODE: BPOL331
INSTRUCTIONS

a. Please start answering the questions in this sheet itself and upload only MS Word or
Google Doc file. No PDFs and scanned submissions will be entertained.
b. DO NOT delete/modify the questions in this sheet
c. Plagiarism check is enabled. Run your answer script through a Plagiarism checker
before you submit it.
d. Click on “Turn in” tab to submit your answers.
e. Malpractices will be viewed very seriously.
____________________________________________________________________________

SECTION A

Attempt any ONE question (Maximum 500 words) 20 x 1 = 20

1. Explain the concept of Constitutionalism and examine the salient features of the Indian
Constitution.

‘Constitutionalism’ refers to limitations on government power or an attempt at limiting it.

It is the opposite of arbitrary power. The Constitution recognizes the need for a government with

powers but insists that those powers be limited at the same time. Despotism is the antithesis of

constitutionalism. A government that exceeds its limits loses its legitimacy and authority. For

these reasons, the Constitution should be permeated with constitutional principles to develop the

dignity and personality of the individual and ensure that his rights are preserved. It should also

contain some limitations on the powers conferred by it on the government.

The following are some of the salient features of the Indian Constitution:
1. Written and Detailed Constitution: It includes 395 articles divided into 22 parts, using 12

schedules, and includes 105 constitutional amendments.

2. Federal Structure and a Unitarian Spirit: India's constitution describes the country as a

Union of States, but internally, it provides for a federal structure that is unitary in nature.

The Constitution of India provides for; division of powers between the center and states,

a written and rigid constitution, supremacy of the Constitution, independent judiciary,

and bi-cameralism.

3. Fundamental Rights: Under Part III, articles 12-35, the Constitution of India grants and

guarantees Fundamental Rights to its citizens. Initially, there were 7 fundamental rights,

but deletion of the Right to Property from the fundamental rights due to the 44th

amendment act has brought the number down to 6.

4. Bi-Cameral Union Parliament: The Constitution provides for a Bicameral Legislature at

the Union level and designates it as the Union Parliament. Its two houses are Lok Sabha

and Rajya Sabha.

5. Single Integrated Judiciary: The Constitution confers federalism upon all states, but

provides for a single integrated judicial system for all. A single judicial system is

provided for in the Indian constitution with the Supreme Court at its apex, state-level

High Courts, and other subordinate courts under the High Courts.

6. Universal Adult-Suffrage: Under the Government of India Act, 1935, only 14 percent of

the total population secured franchise, and women constituted just a negligible proportion

of the total. Under the new Constitution of independent India, both men and women

enjoy an equal right to vote. The qualifying age stands lowered from 21 to 18 years.
 7. Judicial Review power of the Supreme Court and High Courts: The Supreme Court acts

as the guardian protector and interpreter of the Constitution, which is why it exercises the

power of judicial review. It's the duty of the Supreme Court to determine the

constitutional validity of all executive and legislative acts.

8. Judicial Activism: Through the public interest litigation system as well as through a more

active and judicious exercise of its powers, the Indian judiciary is now very actively

getting involved in securing the public interest.

9. A Constitution Drawn from Several Sources: The Constituent Assembly used several

sources to form the best possible Constitution for India. In adopting the Parliamentary

system and Bicamerlism, the British Constitution influenced them. The US Constitution

influenced them in favor of Republicanism, Independence of Judiciary, Judicial Review,

and Bill of Rights. They were also influenced by the constitutions of Canada. Australia,

Weimar Republic (Germany), and Ireland.

2. Explain the philosophy of the Indian Constitution with valid examples relying on its
‘Preamble’.

SECTION B

Attempt any TWO questions (Maximum 300 words each) 15 x 2 = 30

3. Evaluate the justiciable nature of Fundamental Rights of Indian Constitution based on

the following news article: https://www.thehindu.com/news/national/preventive-
detention-a-necessary-evil-only-to-prevent-public-disorder-supreme-court/
article35688565.ece

4. Analyse the political implications of Fundamental Duties in a State like India and
provide your arguments using the following article:
https://theprint.in/india/fundamental-duties-that-pm-modi-invokes-were-introduced-
by-indira-gandhi-during-emergency/341221/

As a result of the 42nd Constitution Amendment Act of 1976, Fundamental Duties were

introduced into the Constitution of India through Article 51-A. Indira Gandhi introduced this
emergency-era provision during her term as Prime Minister. Citizens of this nation were

expected to align themselves with the nation's ideology, respect its flag and anthem, and be

available to honor and prize its sovereignty at any time.

However, since its introduction to date, the various political parties who formed

government have interpreted these duties as it suits them best. In the name of reminding India of

its fundamental duties like maintaining harmony and peace, the government effectively takes

away the right of expression and freedom of speech from people. The government makes sure

that whether or not it lets people have their rights, it will surely remind them of their duties.

Continuous reminders from the government to its citizens for abiding by their duties displays

how the government has indeed forgotten about the rights its citizens deserve. To support that

argument, as H.R Gokhale said, “A chapter on Fundamental Duties was, therefore, meant to have

a sobering effect on these restless spirits who have had a host of anti-national, subversive and

unconstitutional agitations” (Mandhani, 2019). This argument makes it clear that the government

sees its citizens exercising their rights as a threat to its supremacy.

5. “Even as Directive Principle of State Policy is non-justiciable, it is a political tool”

provide your arguments on the statement drawing from the opinion article:
https://theprint.in/opinion/how-directive-principles-fuel-bjp-and-congress-politics-
on-cow-and-hindutva/188938/

The Directive Principles of State Policy contain a list of socio-economic rights and

freedoms which the state is expected to secure for the people through suitable legislative

enactments. It together constitutes a manifesto for securing and strengthening the socio-

economic foundations of Indian democracy, or so it says.

 The DPSPs are based on the ideals of Nehru and Gandhi around 70 years ago, and since

then, a lot has changed. The very fact that the directive principles are non-justiciable is what

makes it an efficient political tool. The government can keep its hands clean by interpreting the

directive principles according to their needs and not be held accountable if something goes

wrong. In the view of parliament, DPSPs alone can make India a complete democracy, and

fundamental rights can be amended to accommodate DPSP. This in itself clearly states that the

government takes advantage of the fact that it is non-justiciable and can be implemented in any

way deemed fit by the government. As an example, Narendra Modi’s BJP government

repurposed the DPSP for a majoritarian strategy.

The anti-Muslim and anti-Dalit discourse created by Hindutva quickly found a place in

the narrative of constitutionalism in the BJP. The BJP invoked the provisions of the DPSP in

order to provide a legal justification for cow protection. There is no logical organization nor

proper classification of the Directives. Basically, these principles are nothing but some pious

declarations that have only moral value. They are not well defined. Article 51, which refers to

promoting international peace and friendly cooperation among the nations, is an admirable

declaration. However, how can it be achieved? Therefore, there is no clear guideline for

implementation. In addition, some Directives appear reactionary. Certain directives can be used

for political purposes by the party in power at the time. These principles, furthermore, imply a

binding of the present to the past in an ill-advised manner.

References
 Legal Service India. (n.d.). Constitutionalism. Legal Services India - Laws in India,

Supreme court judgments, lawyers in India.

https://www.legalservicesindia.com/article/1699/Constitutionalism.html