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Constitutional Design CHAPTER AT A GLANCE Democratic Constitution in South Mea | "Nelson Mandela spent tweny-oht years in prison for asin his woe against apartheid + Apartheid > Polcy of racial discrimination + Imposed by the Whites who stied in South rica and late Became local rulers in ruber, * Stn colour was made the basis of dscrimnaon, Blacks -> Mth of the popuaton, Whites -> very smal Coloured» Migrated peope trom nda Blacks and coloured had no voting rights, had separate schools, hotels, beaches, etc ‘+ No hts to form associations oro protest + ‘fan National Congres led the stugole agaist seprgatin + patel deciared unjust by many counties 4 * Whites continued ter racist regime by detaining, torturing and Kling “Dacks’ and ‘coloured aaa cine n e ‘Struggles and protests made the White regime unstable Policies changed, laws repealed, restrictions on media ited ‘Mandela treed from prison + New flag of South Aca unfuted, Apartheid ended ‘Blacks appealed to thelr felows to forgive Writes + Pledged to built a new South Africa based on democratic values > Bath Blacks and Whites worked together for a common constitution ‘+ South Affica became a model of democracy Constitution I A set of wren rules that are accepted by people of a country Why do we need a constitution? Terra, Bs - ; ; ae cannes Wt specifies how is Itlays limits on powers ae Se ees) ‘power to take which decisions of citizens creating a good society. 258 Popeater wers® Social Science—9 ‘Making of he Indlan Constation sacl ‘raumatic experience of Partition, Princoly states made the situation worse. » : ind nar ren maw te a sey Hee oe nt Coven 123 rd Rtn 011 oma | ‘ii — + Famtay Ww xo pote es psa he Govern at 135 3 : SS a 8 Se ec Re to conf 4 ——— ee co a ‘The Constituent Assembly —— } ‘After Parttion, indian * 26th November Constituent Assembly had 209, Constr sepa? } ‘members that datted + 26th Janay 1959, the document Constuton cane io = [Reflected broad consensus ofthe People of nda as a whole + No questioning on the leptimacy of constituiton } ia: Constituent Assembly ensured fa representation of al regions of India . = {Constituent Assembly worked ina systematic, open and consensual manner i 1 Broad discussion and debates before preparing a draft of rules basic idea of the consution Constitutional Design 259 . Description of InstRutional arrangement in 2S Rete deeepearereet tot + Who has power t0 make what ows | & Rundamental Rights and Oxties, | Need for amendments to keep the consthvton updated {LIN anna yt cot NCERT QUESTIONS es, 3. Which of these isa provision that a democratic constitution does mot have? (a) Powers of the head of the state (b) Name of the head of the state (©) Powers of the legislature (a) Leaders of the freedom movement (d) Name of the country had an open mind abut whether the Ans. (b) Name of the head of the state. country should be democratic or not 4. Match the following leaders with their roles 1, Here are some false statements. Identify the mistake in each case and rewrite these correctly based on what you have read in this chapter, after independence. in the making of the Constitution: Ans. Leaders of the freedom movement had (a) Motilal Nehru (@) President of the been clear that the country should be Constituent democratic after independence ‘Assembly () Members of the Constituent Assembly () BAR. Ambedkar (i) Member of the of India held the same views on all ee provisions of the Constitution. Assembly Ans. Members of the Constituent Assembly (©) Rajendra Prasad (iii) Chairman of the worked in a systematic, open and Drafting Commitee consensual manner to resolve differences (@) Sarojini Naidu Gr) Prepared among them Constitution for (©) Accountry that has a constitution must India in 1928. Pee cemeeres Ans. (a) Motilal Nehra—Prepared a Constitution ‘Ans. A country that has a constitution may for India in 1928 Pee ence (® BR. Ambedkar—Chairman of the (@) Constitution cannot be amended because Dishing Commitee Leeper eare ee eee caeey (©) Rajendra Prasad—President of the ‘ns. A constitution can be amended even if CEatlbcat A getty eee” (a Sarojini Naidu—Member of the 2. Which of these was the most salient underlying Constituent Assembly conflict in the making of a democratic < cag ayain the extracts from Nehru's speech aetna ee eee 5S Aruat with Destin’ and answer the following (a) ‘Between South Africa and its neighbours ee Sore fpshmetentimterepn @),. Between men aed names, ‘wholly or in full measure” in the first (6) Between the white majority and the black ease minority i : ‘Ans. Because the task of nation building is ©, Benen emer very tremendous and cannot be achieved mle fully in one’s life time. It has to go for ‘Ans, (c) Between the white minority and the black aon Jong time. mt 260 apeoter wed® Social Science—9 (6) What pledge did he want the makers of the Indian Constitution to take? Ans. The pledge of dedication to the service of India and her people and to the still larger cause of humanity. (©) “The ambition of the greatest man of our ‘generation has been (o wipe every tear from ‘every eye.” Who was he referring to? ‘Ans. He was referring to Gandhiji, 6 Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly. (@) Sovereign (i) Government will not favour any religion. (©) Republic (ii) People have the supreme right to make decisions. (©) Fraternity (iii) Head of the state is an élected person, @ Secular (iv) People should live like brothers and sisters. Ans. (a) Sovereign—People have Tight to make decisions, (6) Republic—Head of the state is an elected person. (©) Fraternity—Poeple should live like brothers and sisters, the supreme How did your school celebrate: the Constitution Day on November 26th? Prepare a brief report. ‘Ans. Give individual response 8 Here are different opinions about what made India a democracy. How much importance ‘would you give to each of these factors? (@) Democracy in India is a gift ofthe British 9. Ans, that India received some train, under the Acts of 1919 and joy Freedom Struggle challenged th, explottation and dental of gil freedoms to Indians, not be anything but democrat Wis true India had fought aging colonial exploitation and deni different freedoms tothe Indian, ae the leadership of Gandhi the jo Started a satyagraha against the Rovign Act 1919 and Salt Act 1939, Thus afer independence there could have boa z government except democracy We are lucky to have leaders why democratic convictions. The dyad of democracy in several other s Independent countries shows 1? important role of these leaders, India had leaders ike Mahatma Gang Jawaharlal Nehru, Maulana Azad pe Rajendra Prasad, Dr. BR. Ambeaa: who were in favour of democracy g. they drafted a democratic constitution They were determined to live up y democratic ideals. Leaders like Kwame Nkrumah of Ghana, General Mushanat of Pakistan and the military leaders of Myanmar left democratic convictions and denied democracy, Read the following extract from a conduct book for ‘married women’, published in 1912 ‘God has made the female species delicate ond Fragile both physically and emotionally pitiay incapable of self-defence. They are destined this by God to remain in male protection—of athe, ‘musband and son—all ther ives. Women should, ‘therefore, not despair, but feel obliged that they can dedicate themselves to the service of men. Do you think the values expressed in this Para reflected the values underlying our Constitution? Or does this go against the constitutional values. These Values are not given in our constitution, The Indian constitution makes no differences In respect of sex. Equal rights are given to ) Ans, © Ans. women that is, they can vote, take uj ’ y x p any job, have property and are paid equal wages for equal work. This statement of 1912 makes women inferior to men and does not give them equal status, Read the following st about « constitution. Give reasons why each of these is true or not true, (a) The authority of the rules of the constitution is the same as that of any other law. ‘Ans. Not true. Constitution is the supreme law. Its authority cannot be challenged even by the government. It is not like an ordinary law. Constitution lays down how different ‘organs of the government will be formed. ‘Ans. Yes, it is true, It defines the role of the legislature, the executive and the judiciary and how they should be formed. 0) SOLVED QUESTION BANK Objective/Very Short Answer Type Questions [1 Mark] 1, AVho among the following was not the member of the Constituent Assembly but his vision ‘was followed by the members? (a) Baldev Singh (6) Rajendra Prasad (© Jaipal Singh (d) Mahatma Gandhi (@) Mahatma Gandhi . Why should we accept the Constitution made by Constituent Assembly more than fifty years ago? Observe the given options and mark the correct one. (@) The Constitution reflects the views of its Ans. Yes, true the fundamental righ Ans. ‘Ans. (a) Ashort statement of Constitution's bas ‘Constitutional Design 261 fe) Rights of citizens and limits on the power ‘of the government are laid down In the constitution, learly states the rights of the citizens. They also state the power of the executive, lay down the rules how the legislature and the judiciary can control as to the government accounting to three lis is Union List, State List and Con List. No government can go against these (@ A constitution Is about institutions, not about values. Not true, The constitution contains all the values, which the institutions have, to promote. The Preamble of the constitution is a shining example of this and states clearly that justice, liberty, equality and fraternity have to be promoted. Secularism should be followed, socialism and democracy should be the basis of the government. 3. Which one of the following guiding values of the Constitution of India means people have supreme right to make decisions: sovereign () Secular (©) Republic (d) Fraternity Ans. (a) Sovereign 4, Which statement is correct regarding the meaning of the Preamble of Constitution? (a)K short statement of Constitution's basic values. (b) Apreliminary vision of a legal document. (c) An institutional design. (@)_ None of these values. 262 Teperher week® Social Science—9 Constituent Assembly es anaes about ihe following manner: Scion ofa att ee “on 268 of Jam nn pales we Saher may and in social and economic Tife, we wil have inequality” (a) Mr ‘Somnath Lahiri o ‘Sarojini Naidu (Dr. BR. Ambedkar Mr. K.M. Munshi ‘Ans. (c) Dr. B.R. Ambedkar In the questions given below (Q.6 and Q.7), there are {wo statements marked as Assertion (A) and Reason (R). Read the statements ‘and choose the correct option: Options: (a) Both A and R are true and R is the correct explanation of A. Which of the members express () Both A and R are true and R is not the correct explanation of A. (c) Ais true but R is false. (@) Ais false but R is true. 6. Assertion (A): The apartheid system was particularly oppressive for the blacks in Africa. Reason (R): Blacks could not form associations or protest against the terrible treatment. (a) Both A and R are true and R is the correct explanation of A. 7. Assertion (A): The Constitution is the supreme law of the country. Reason (R): It states the rights and duties of the citizens, . (6) Both A and R are true and R is not the correct explanation of r Ans. 11, Ganj expressed his vislonwhat he wag ‘ve Constitution to do i his mapazing git Ans. Young India 12. irdar Vallabbhai Patel was cs ‘ Man of India’. Crue Ans. True ) 13. The Election Commission is an indep, constitutional body. True, Ans. True 14, A democratic constitution does not haye mention about the powers of the Heag ee State. (CTrueraig, Ans. False 15, Match the columns. (® President of the Consti Assembly (ii) Member of the Constituent Assembly (6) B.R. Ambedkar (©) Rajendra Prasad | (iii) Chairman of the Drafting Committee (@ Sarojini Naidu | (iy) Prepared a . (a)-(iv),(b)-(iti), (c)-(), (d)-Cii) ‘What does constitution include? The constitution includes the rights of citizens, the powers of the government and how the government should function. Who was Nelson Mandela? Nelson Mandela was the leader of African ‘National Congress (ANC). He was imprisoned for 28 years in South Africa’a most dreaded __ Prison called Robben Island. ce ho were called the blacks in south Africa? The natives of South Africa are black in colour, they make up for about three-fourth of the population and are called blacks. 19. Which group of people in South Afri classified as coloured? pre People of mixed races were classified as ‘coloured’. 20, For whom was apartheld system particularly oppressive? Apartheid system was oppressive for the blacks. They were forbidden from living in white areas. 21. With what condition blacks were permitted to work in white areas? If they had a permit than only blacks were permitted to work in white areas. 22, What does segregation mean in South Africa? "Segregation means a practice when trai buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches, swimming pools were all separate for the whites and the blacks in South Africa. 23. What treatment was given to the blacks? ‘The blacks could not even visit the churches where the whites worshipped and could not form associations or protest against the terrible treatment meted out to them. 24. Since when the blacks, coloured and the Indians fought against the apartheid system ‘and how? Since 1950 the blacks, coloured and the Indians fought against the apartheid system by launching protest marches and strikes. 25, What was African National Congress (ANC)? ‘Ans. It was the umbrella organisation that led the struggle against the policies of segregation. 26. How white racists continued their apartheid despite protests? The white racists continued apartheid by detaining, torturing and killing thousands of blacks and coloured people. 27, How did apartheid end in South Africa? Ans, As protests and struggles against apartheid the government realised that they 0 blacks Ans. Ans. Ans. Ans. mm. Ans. 29. Ans. 30. Ans. 3. Ans. 32. rs ‘Ans. Ans. 35. Constitutional Design 263 what Is the appeat made by the blacks to their follow blacks after being democratic? Blacks appealed to the fellow blacks that they forgive the whites for the ntrocities they had committed while in power. On what basis they wanted (o bulld new nation? ‘They wanted to build a new nation based on equality ofall races and men and women, on democratic values, social justice and human rights. Who formed the constitu South Africa? 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. When was the constitution of South Africa completed? ‘After two years of discussion and debate the constitution makers came out with one of the finest constitutions the world had seen. Mention a distinguished feature of newly formed South African constitution. The constitution of South Africa pr extensive rights to its citizens available ion of neo-democratic 's the most in any country. ‘What was the major challenge prevailing in the South African society after being democratic? In the new democracy, the oppressor and the oppressed were planning to live together as equals. It was difficult for them to trust each other. What were the safeguards wished by the black majority? They wanted that there must not be any compromise regarding democratic principles of majority rule. The wanted substantial social and economic rights. What were the fears prevailing among the whites? The white minority had a fear of losing their privileges and property. They wanted to secure them. 264 Fageeker werd® Social 36. What compromise was minde by whiteminority in South Africa? Ans. The whites. agreed to th rule and that of one pe! also agreed to accept some the poor and the workers. Wau J eocxpromise was made by black majority in South Africa? ‘ ‘Ans. They agreed that the majority rule would not be absolute. They agreed that the majority would not take away the property of the : jority 1 principle of majo ‘hon one vote. They basic rights for an whites. 38. With which rules trust was built between blacks and whites in South Africa? ‘Ans, The rules which determined what the elected governments are empowered to do and what they cannot do. Finally, they decided the rights of the citizen. ‘What was the condition of basic rules made by the South Africans? The basic rules will be supreme, that no government will be able to ignore them. What is the title of the autobiography of Nelson Mandela? The title of the autobiography of Nelson Mandela is the The Long Walk to Freedom. How is constitution making not unique to South Africa? This is not unique to South Africa because like other countries it also has a diverse group of people having differences of opinions and interests. 42. Which groups need a constitution? Ans. Other than government, associations also need a constitution like clubs, cooperative societies or political parties, etc. 43. What is a constitution? Ans. A constitution is the supreme law of the country in written form accepted by all the people living together in the country. 44. Why is constitution considered as a supreme 1 emma) vil onae Seif 39. Ans. 40. Ans. 4. Ans. law? Ans. It is the supreme law as it relationship amoi iy (called citizes yas 45. Ans. 46. Ans. 47. Ans, Ans. 49. Ans, Sl. Ans. Who was the Education Minis, union cabinet? th Abul Kalam Azad was the Bday Who was the Finance Minister union cabinet? 7 T. Krishnamachari What was the state of the the British Left India? “Yat, The British had left it to the ry Princely states to decide whether yon Oi to be with India or with Pakitg, independent. % Who integrated the Indian pri How many princely states were the Sardar Patel integrated the 562 Princely, of India. x What advantages did Indian cong makers have unlike South Africgy The advantage was that they did pop create a consensus about what a dem tt India should look like as it was evoheq during freedom struggle. mony Who firstly drafted the constitution or Tn 1928, Motilal Nehru and eight Congress leaders drafted 4 constitution India. What resolution was made in 1951, Kany session? In 1931, at the Karachi session ofthe Indian National Congress, worked on hop independent India’s constitution should og, like. What was the benefit of years of thinking and deliberations on the framework of constitution? ‘Many years of thinking and deliberation made leaders accept the ideas of the countries but ‘on terms which are suitable for our county. ™ ferns was the first meeting of Constituent ‘Assembly held? Ans. The first meeting was held in December 166. ® ( ba )Why dia the constitutio 26 Jamun toeglon come nto effect on Ans. The constitution came into effect on 26!" January 1950, because the constitution makers wanted to give importance to the date 26" January as Jawaharlal Nehru declared Independence Day of India on 26" January 55. What does constitution of a country ne ‘Ans. It reflects the views of its members expressin a broad consensus of its time aaa bg besheae countries rewritten their Many countries had written their constitution afresh because the basic rules were not acceptable to major social groups or political parties. 57. What is the unusual achievement of our constitution? ‘The unusual achievementis that no large social group or political party has ever questioned the legitimacy of the constitution itself. 58. Which political party dominated the assembly? ‘Ans. The Indian National Congress dominated the assembly. The INC led India’s freedom struggle. How did the Constituent Assembly work? The Constituent Assembly worked in a systematic, open and consensual manner. )What was the first task of Drafting Committee? Who was its chairman? ‘Ans, The Drafting Committee firstly prepared a draft of the constitution for discussion. Its chairman was Dr. B.R. Ambedkar. Who was the President of the Constituent Assembly? Ans. Dr, Rajendra Prasad was the Chairman of the Constituent Assembly. ‘How many draft amendments were considered? 2000 draft amendments were 56. Ans. Ans. 59. Ans. were Constitutional Design 265 64, What is a clause? ‘Ans. A distinet section of a document. ‘What are Constituent Assembly Debates? ¢ When every document presented and every word spoken in the Constituent Assembly wis recorded and preserved these referred ‘as Constituent Assembly Debates. Ce Mats the significance of ‘Constituent ‘Assembly Debates’. Ans. The Constituent Assembly Debates provide the reason behind every provision of the constitution. They are used to interpret the constitution. 67. Name the Indian leader who used to write for the magazine Young India in 1931. Ans. Mahatma Gandhi used to write for the magazine Young India in 1931. 68. What features formed the foundation for The values that inspired and guided the freedom struggle and were then nurtured byit, formed the foundation of India’s democracy. ) What is Preamble? Ss The constitution begins with a short statement of its basic values is called the Preamble to the constitution. What does ‘sovereign’ mean? S. It means people have the supreme right to make decisions on internal and external matters. No external power can dictate the government of India. What does socialist in a democratic constitution mean? Ans, It means wealth is generated socially and should be shared equally by society. Government should reduce socio-economic inequalities. What does democratic mean? Democratic means a form of government where people enjoy equal political rights, elect their rulers and hold them accountable, _{73.) What does a republic mean? ‘Ans. In a republic, the head of the state is an elected person and not a hereditary position. Ans. n. 266 Apacer wurk® Social Science—9 countries also denounced 4 Preamble mean? pa Crm does Iberty tm the Prrable restrictions unjust and racist Partheig 4 sno unreaso! Tea ere imwhat they think how they 80, Menton any three changes that wer oe ‘Rh to follow their thoughts bout in the constitution of South ay Hh express, how they in action. woah (CMSe 9, What does equality mean in the constitution? Ans. The three changes that were bough yl All are equal before the law. The traditional constitution of South Africa were ag ft iMe (a) Discriminatory laws were rope tom, . Which countries constitutio t i. ‘ons nal featy for daring to oppose the apartheid regime inspired Indian constitution makers? @) in South Africa. Ans. The followin; c i ; . 1g countries constitutional fe (©) He spent 28 years in Robben Island, inspired Indian constitution ae = South Africa's most dreaded prison. (a) Ideals of the French Revolution. (@) He was released after 28 years from jail. pe cpParliasents A ee eee @) The practice of Pariamentary deme Africa become independent and Nelson. (c) The Bill of Rights in the US, Mandela became its first President. (@) The Socialist Revolution in Russia, (any three) P Describe the steps taken to form the “Constituent Assembly. [CBSE 2016) Ans, or _ How was the Indian Constituent Assembly formed? {Hors} "The Indian Constituent Assembly was formed for the task of framing the Constitution for independent India. The elections to the Provisional Legislative Assembly were held in July 1946. The clected members of the Provisional Legislative Assembly elected members for the Constituent Assembly through proportional representation system There were in total 389 members in the Constituent Assembly. Later with the Partition of India into India and Pakistan, 299 members vwrote the constitution. Itincluded 70 members from princely states and nine women. 284 present members gave their assent and the Indian Constitution was passed. . Writea short note on the Drafting Committee. Ans. (a) It was a committee that prepared a draft of the constitution for discussion. (b) Its chairman was Dr BR Ambedkar. (c) These were several rounds of thorough discussions on the draft of the constitution clause by clause. (@ The members worked for 114 days spread over three years. Later it was presented to the public to get heir opinion. (any three) at was the role of Dr BR Ambedkar in making of the constitution? . (@) Dr BR Ambedkar was the Chairman of the Drafting Committee. He played a key role in the making of the constitution He gave shape to our country of being a complete sovereign democratic republic based on universal adult franchise. He stressed that in politics these should be equality but in social and economic life inequalities should be removed. What are Constituent Assembly Debates? (b) © The proceedings of the Constituent Assembly have been recorded and preserved such as every document presented and preserved and these are known as ‘Constituent Assembly Debates’. ‘The three characteristics of these debates are: bates provide the reason behind Ans. Constitutional Design 267 jophy on which the entire constitution philos has been built. ‘The Preamble provides a standard to ‘examine and evaluate any law and action ment, It is the soul of the @ of gover constitution. The Preamble mentions people as the sources of constitution. Ttstates that India is a sovereign, socialist, secular and democratic republic. It provides justice, liberty, equality and fraternity for the people. Describe how the Indian constitution has embodied the basic values into institutional arrangements? @ Itis a detail be amended (b) (©) led document. It needs to quite regularly to keep it updated. It has provisions to incorporate changes from time to time, These changes are called constitutional amendments. The constitution lays down a procedure for choosing persons to govern the O) country. It defines who will have how much power to take which decisions. It puts limits to what the government can do for providing some rights to its citizens that cannot be violated. © Long Answer Type Questions [5 Marks] 89. _Howwas apartheid system practised in South Ans. Africa? ‘The apartheid system was practised in South ‘Africa in the following ways: (a) The system of apartheid divided the people on the basis of the colour of their skin, The non-whites were treated as inferiors and were deprived of their right to vote by the whites. They were forbidden from living in white () © @ (3) areas. They could work in white areas only it they had a permission. Trains, buses, taxis hotels, schools, libraries, cinema halls, beaches, swimming pools were all separate for the whites and blacks. 268 ayctder wak® Social Science—9 ould not worship in the v Ha opr the whites worshipped. (g) Blacks could not form associations or protest against the terrible treatment meted out to them. (any five) Explain how did the white minority and the black majority agree to draw up a common constitution for South Africa, (CBSE 2013] ‘Ans, The white minority and the black majority agreed to draw up a common constitution for South Africa in the following ways. (a) The white regime changed its repressive policies and repealed its discriminatory laws. (6) Ban on political parties and restrictions on media were lifted. (©) The black leaders appealed to fellow blacks to forgive the whites for the atrocities committed by them. (d) There were long sessions of debates and discussions and they searched a solution to the existing problems. It was agreed that everyone should be a part of the solution irrespective of the differences and whatever they had done or represented in the past. 91. What is a constitution? Explain the role of the constitution in a country. Aconstitution is a document containing the set of principles according to which a state or an organisation is supposed to be governed. The constitution reflects the philosophy on which country’s administration works and expresses the aspirations of the people for creating a good society. It serves as the rule book for the government. It specifies the powers and limitations of the government and clearly (e) Ans. We need a constitution for the follow, The tain a 92/ Why do we need a constitution? reasons, a (a) It generates a degree of trust and coordination which is Necessary fop different kinds of, people to live together, The constitution specifies how the government will be constituted and what power each organ will have and who will take what decision. It also defines the Tesponsibilities of these three pillars of the government i. legislature, executive and judiciary, It regulates the relationship between three organs and also with the people, It also tells us about the rights and duties of the citizens, ~ Itlimits the powers of the government and tells us about the rights of the citizens, ® (6 (¢) Ch Ss The Indian constitution also Protects/ safeguards the interests of minorities, the backward classes and weaker sections, (any five) 93. “The familiarity with political institutions of the colonial rule helped to develop an agreement over the institutional design.” Justify the statement, {CBSE 2016} Ans. The familiarity with political institutions of colonial rule helped to develop an agreement over the institutional design in the following ways. (a), The British rule gave voting rights to only a few. Later Election Commission was Set up and voting rights were granted to all. (b) Elections were held in 1937 to Provincial Legislatures and Ministries were formed all over British India. The experience 4 gained by Indians in the working of _these institutions proved to be very _ useful for the country in setting up its institutions and working in them. Indian Constitution adopted many itutional details and procedures from lonial laws like the Government of idia Act, 1935. The ideals of French Revolution, practice Of Parliamentary democracy in Britain and Bill of Rights in the US inspired us to set up fundamental rights and duties. The political institutions of the colonial tule are not just copied, They are questioned at every step to suit our nation’s conditions and set-up. In a way they serve as a blueprint for setting up our institutions .) Explain five major factors which contributed to the making of our constitution. (CBSE 2014) © Or “India emerged as independent country amidst heavy turmoil.” Justify the statement. [CBSE 2014} ‘Ans. Tomake a constitution for a huge and diverse population like India was not an easy affair. The following factors contributed to the making of our constitution: ‘A constitution drafted by Motilal Nehru and other Congress leaders in 1928, gave an insight of what an Indian Constitution should look like. The people of India were emerging from the status of subjects to that of citizens. (c) The country had a traumatic experience of Partition based on religious identities. There was a need to ensure unity. It was thus necessary to frame guidelines that could give equal representation to each section of the society. @) The rulers of the princely states were U,Aree to decide whether they wanted to merge with India or Pakistan or remain independent. (ome familiarity with the political institutions of colonial rule also played an important role in urging the leaders to, develop a document containing the format on how the affairs of India would be carried on. ‘The leaders were vested with the of transforming society and s. A well-defined political model 95, Ans. Ans. Constitutional Design 269 the challenge of social (8) iserimination, Principles like equality, fiberty and justice irrespective of caste, hase and religion were required {0 cope with this challenge. (any five) composition of the Constituent {q) india faced What was the © bl ON oY Constitution of India was framed i bly which was the Constituent Assembly which ¥ oy rjatuted in 1946 under the provisions of the Cabinet Mission Plan. As a result of Partition of India the umber of members were reduced 10 299. It consisted (6) of eminent persons like ea lal Nehru, Sardar Vallabhbhai Ja aula Abul Kalam Azad, Dr BR sranbedkar, KM Munshi, Rajagopalachari ‘The women members like Sarojini Naidu tnd’ G Durgabai Deshmukh played an important role. + eb (@ Each was an expert in his/her field. These great minds after a period of long discussions and debates keeping in mind the diversity and aspirations of the people of India framed the constitution. [Assess the contribution made by Constituent Acsembly to form the Indian Constitution. (HOTS) “The following were the contributions made by the Constituent Assembly to form the Indian Constitution. i (a) It reflected the broad consensus of its time, that is, its provisions were accepted by all major social groups and political parties. It represented the People of India. Its formation ensured a fair geographical share of the members from all regions of the country. It accommodated the opposition in a fair way and gave opportunities to raise their concerns before arriving at a conclusion, It worked in a systematic and open way. First basic principles were decided and agreed upon and then the draft was prepared. ©). @) @) @ 270. Aapeter aven® Sori! Science? at rounds of long debates and i, very document reine ore ket we coaretully Dresenterand preserved: This was done (@) Sarojini Naidu (1879-1949) (i) Member of the Con Assembly (i) Poet, weiter and politica (e) Sever HHtuen, Metin recorded fay seharvtis (ii) Among the for most women} a record for further i leg ot ie aeseription about any five Mi an eee ee of) Fr ave rot ehe Constituent Assembly. rant (ay oye members 98, FEexplain any five major ideals enshein, the Preamble to the Const ibers of the Constituent Assembly Ans, The five men! a a too De Rajendra Prasad: (1884-1963) Ans. The following are the five major igel! sg (i) Bom in Bihar enshrined inthe Preamble (othe Conga (i) President of the Constituent of India: On Assembly. (a) Sovereign: People of India have supe power and authority to decide on ing , al (iii) A lawyer who played an important role in the Champaran satyagraha (iv) He was the president of Congress three times, and external matters Concerning th country. The government cannot pe dictated by any external power, (b) Secular; There is no state Teligion of India. At the same time Citizens of India are free to practise and proget any religion or faith Of their choieg, No government machinery can disriminge against of favour any religion or a (v) The first President of India (any two) (6) HC Mookerjee: (1887-1956) (Born in Bengal Vice-President of the Constituent Assembly n (ii) Renowned author and educationist and Its followers. (ili) Congress leader. Member of (¢) Democratic: In India, it is the peooye who choose their leaders, who form the government. The government hay to function according to certain basic rules ensuring maximum welfare ofthe people All India Christian Council and Bengal Legislative Assembly, Later Governor of West Bengal. (any two) (©) Jawaharlal Nehru (1889-1964) Prime minisiet SP thterin (@) Justice: Discrimination ofthe citizens on Crean any ground is legally prohibited, (¢) Liberty: Itreferstofreedom on the activities (i) Lawyer and Congress leader Advocated socialism, democracy and anti-imperialism of citizens of India, No unreasonable restrictions can be established on the Way they think, express and follow up (iv) First Prime Minister of India. ; te ee = ae % their thoughts in action, (@) Baldey Singh (1901-1961) 99, Explain the importance of institutional design (Nominee of the Congress in the of the Constitution of India. (CBSE 2016) Constituent Assembly. Ans. The importance of the institutional design of the Constitution of India as follows: (a) Constitution is mainly about embodying its values into institutional arrangements, (b) It is a long and detailed document, Therefore, it needs to be amended quite regularly to keep it updated. (ii) Successful entrepreneur. (iii) Leader of Panthic Akali Party in the Punjab Assembly. (i) Defence Minister in the Union Government of Jawaharlal Nehru. (any two) (©) The constitution describes the constitutional arrangements in a very legal language, (4) Constitution Inys down a procedure for choosing persons to govern the country. It defines who will and how much power one will have to take which decisions. Italso puts limits to what the government can do by providing some rights to the citizens that cannot be violated. Case Based Questions 100. Read the given questions that follow: “Lhave fought against white domination and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.” (i) Identify the speaker of above speech. (@) Abraham Lincoln (6) Mahatma Gandhi (©) Nelson Mandela (@) Winston Churchill (ii) Why was he imprisoned? (a) To live in restricted area, (6) To oppose the apartheid regime. (©) To hope to live together. (d) To have wrong ideals. (iii) For how many years was he imprisoned? (a) 2S years (6) 28 years © 32 years (d) 35 years (iv) Which statement is irrelevant to the making of a new Constitution of South Africa? _ @) The oppressor and oppressed in this © new. democracy were planning to live ig ge and answer the Constitutional Design 274 (e) The black agreed that the majority would take away the property of the white minority. (d) They also agreed to accept some basic rights for the poor and workers. Ans. (i) (c) Nelson Mandela (i) (b) To oppose the apartheid repime (iii) (b) 2B years (iv) (6) The whites did not agree to the pri ‘of majority rule and that of ‘one person, one vote. 101. Read the given passage and answer the questions that follow: ‘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. Together, they decided that in the search for a solution to the problems, nobody should be excluded. no one should be treated as a demon. They agreed that everybody should become part of the solution, whatever they might have done or represented in the past. The preamble to the ‘South African Constitution sums up this spirit. ( Which is the supreme law of a country? (a) Parliament (6) Constitution (©) Preamble (d) Judiciary (ii) The introductory statement in the constitution is , (a) Introduction (6) Preface (©) Bibliography (4) Preamble (iii) Which of these was not a provision made in the South African constitution? (@) They planned to live together as equals. (6) They agreed to some basic rights for the poors. (c) They wanted some social and economic rights. (@ They banned the blacks to form association. 272 penton aved® Social Selene! Win i) Wat eae he nga ealfonge prey An the South Ateioan saelely after being democratic? (a) ‘The Whites wna toe Alecks plan to tive as equals o “en -conmlot over property, {e) They were shaming thee places. (They were weceptlag aparthield wx problems Ans. () (6) Constitution al) Proainble © 0 ‘phey banned the blacks to form association: (&) The Whites and the Blacks plan to live together as equals. Rend the given passage and answer the questions that follow: Apartheid was the name of « system of racial discrimination unigue to South Attica, The ‘white Europeans imposed this system on South Attica, During the seventeenth and eighteenth centuries, the trading companies from Europe ‘occupied it with arms and foree, in the way they occupied India, But unlike tndia, « ‘number of whites’ had settled in South Africw ‘and became the local rulers, The system of apartheid divided the people and labelled them on the basis of their skin eolour. The native people of South Africa are black in colour, They made up ubout 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 pirated from Indl, The white rulers treated all nonwhites as inferiors, The nonwhites did not have voting rights, lacks 10). Read the given passage and ans Se (WH The white Huropenns Imposed the Apartheid system an South Attia, During the seventeenth and eighteenth centurk the trading companion from Kuro ooeupled it with arms and foree, In the way they ogeupled India, Hut unltke fia, « large number of whi had settled in South Africw and becan the local rulers, Tu tnd, they remained hore mainly for profit and not 10 make i «thelr home and thereby kept exploiting them In all felds, (i) The apartheid system was oppressive for ‘the blacks in many ways, * They were forbidden from fiving in White aren, They could work in white ‘wrens only If they had w permit + ‘Trains, buses, taxis; hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches swimming pools, public tollets, all were soparate for the whites and blacks, This was called segregation, * They could not even visit the churches Where the whites worshipped, Blacks could not form assoclations or protest againat the terrible treatment, the ‘quentions that follow: Like South Africa, Indin'é Constitution was also deawn up under very difficult circumstances, The making of the constitution for u huge and diverse country like India was not an eusy affair, At that time the people of India were emerging from the status of subjects to that of eltizens, The country was born through a partition on the basis of religious differences, This was a traumatle experience for the people of India and Pakistan, () Why was the making of Indian constitution ‘nok an ensy alfa? (i) How was the independence of India a {traumatic experience for the people? (i) How way the path {0 making of Indian constitution different from that of South Africa’? South Ans. () The making of the Indian constitution for ‘a huge and diverse country was not an easy affair because at that time the people of latin Wore 4 Were orHeLuinK from the status of sulye " Woes tu that sf citizens. ‘The eauntey was barn thengh N 4 partition ‘ ot teighons dferencen. the baste (The taslepondence af tadia was a traumatic ee HE {he pio a ha te People because af the st (en lakh people were ki illed on both sides of the harder in partition related violenoe, + There was another i Problem of the Prieely states as the British had left 1 (0 the rulers t decide where they wanted (0 merge with India or with Pakistan or remain independent + The merger of these i Princel Was @ difficult and vuparaln tagk, we Saker of the constitution had anxieties about the presi future of the aunty, ee (W) The path of making of Indian constitution : ” was ditterent from that of Sough Africa in PRACTICE QUESTIONS. Short Answer Type Questions [1 Mark) o pate! | criticised Mahatma Gandhi (a) Pt Jawaharlal Nehru (6) Dr. BR, Ambedkar (©) Mr Shyama Prasad Mukherjee (® Me Somnath Lahiri 2, Whieh of the following statements is not true? (@)_ The provisions in the constitution cannot be changed easily. (@) The constitution may be written or ‘unwritten, (©) Nonsdemocratic countries do not have a constitution, (@ Even a club, cooperative association in your area may have a constitution, 3 Which of the following statements are relevant to the meaning and significance of the constitution? (i) Constitution generates a degree of trust, and coordination that is necessary for different kind of people to live together. Comstitutional Design 279 a way that aitike South Africa, Inetians did fut have (0 ereate # eomsers alert what moratic India should fook bike Much de Ar this consensus had evolved during the freedom struggle + Por example, as far back as in 1928 Motilal Nehru and eight other congress feaders drafted # constitution for India, In 1931, the resolution at the Karachi session of the Indian Nationa Congress dwelt on how independent India's constitution should look like ‘Thus some basic values were accepted by all leaders much before the constituent Assembly met (o deliberate on the constitution. ‘The familiarity with political institutions of colonial rule also helped develop fan agreement over the institutional decision. All these were largely missing ‘on the path of the making of the South African constitution. . (ii) Constitution never: specifies the rules and regulations as how government would be constituted. (iii) Constitution lays down the limits on the power of the government. (iv) Constitution expresses the aspiration of the ruler about creating a good society. (a) @, (i) ) @), @) (©) (i), @) @ 0. @ In the questions given below (Q.4 and Q/5), there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option: Options: (a) Both A and R are true and R is the correct explanation of A. (6) Both A and R are true and R is not the correct explanation of A. (c) Ais true but R is false. @ Ais false but R is true. 4, Assertion (A): We need to make amendments to our constitutions. Reason (R): It is necessary to keep it updated. 27A agether wieh® Social Science—9 s " 9. 2, 13. 14, 15, 16. 3 18. leader whowas not the member of Constituent ‘Assertion (A): The countries had rewritten their constitution. Reason (R): The constitution have wrong rules and articles. ‘The Congress decided to fight for the complete

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