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CONSTITUTIO
N
ASSIGNMENT
QUESTION: In a discussion on the experience of the working of our Constitution, three
speakers took three different positions

Person A: The Indian Constitution has succeeded in giving us a framework of democratic

government.

Person B: The Constitution made solemn promises of ensuring liberty, equality and
fraternity. Since this has not happened, the Constitution has failed.

Person C: The Constitution has not failed us. We have failed the Constitution.

Do you agree with any of these positions? If yes, why? If not, what is your own position?
Substantiate with relevant examples?
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Person A: The Indian Constitution has succeeded in giving us a

framework of democratic government.

The position of A is correct.

 The constitution has succeeded in creating a framework of

democratic government within which people exercise their choice
while electing the government.

 Elections are conducted regularly at all levels of government and

institutional arrangements have been largely successful in
preventing the subversion of Constitution.

 A constitution does many things to make a government & country a

democratic one: -

 It generates a degree of trust and coordination that is

necessary for different kind of people to live together.

 It specifies how the government will be constituted and

who will have the power of taking which decisions.
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 It lays down limits on the powers of the government and

tells us what are the rights of the citizens.

 It expresses the aspirations of the people about creating

a good society.

 The makers of the constitution presented a document in the form of

our constitution that enshrines fundamental values and highest
aspirations shared by the people making it an existing reality.

 It is a document consisting supreme and fundamental laws of the

country and handles the composition, power, and functions of the
government.

 Indian constitution provides different types of preserve and liberties

to Indian citizens, rule of law, fundamental rights, etc. Democracy
has been adopted in India and to toughen it.

 Adult franchise has been introduced in India to ensure equality. It

has been tried in the constitution to establish a system of ideal
democracy in principle. But in it is suffering from social and
economic evils.
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 EXAMPLES: -

 In republican system of India the President is the head of the State

and the Vice-President is under him. They are elected for a term of
five years and they may be removed on the basis of some serious
charge.

 The real authority is vested in the Council of Ministers headed by the

Prime Minister that is collectively responsible to the Lok Sabha.

 Supreme Court and the High Courts have the powers of judicial
review.

 The citizens have fundamental rights of equality before law, no

discrimination in the use of things of public utility on any artificial
ground, freedom of speech and expression, freedom of faith and the
like.
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Person B: The Constitution made solemn promises of ensuring liberty,

equality, and fraternity. Since this has not happened, the Constitution has
failed.

The position of B is not correct.

 It is true that the country is yet to entirely achieve the stated goals of
liberty, equality and fraternity, it must be also remembered that
these goals are not a static but dynamic process since society is
always evolving.

 The inability to achieve these goals cannot be attributed to the

constitution but rather to the individual shortcomings and
weaknesses of the people who are in position of power and the
nature of politics in recent years.

 Our constitution is a unique document which accommodates the

aspiration of people of the India. Equality of all and freedom of the
citizens is being disturbed by the people with power and money.

 The political leaders are playing the politics caste and religion
games to use this as their vote bank. The court of judiciary must
impede in the working of the executive and the legislature.
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 Other problem of terrorism ad illegal immigrants has added to the

inability.

 The people understand the meaning of liberty. So, the number of

political parties, interest groups and other organizations of the
people is on the increase.

 The press and the media are playing a more active role so that the
caste barriers are grow weak and the condition of the weaker
sections of the people will improve.

 EXAMPLE: -

 The Babri Mosque was demolished in December, 1992

 Thus, it is right to say by B that goals are not achieved, and the
constitution has failed to fulfil the needs of the individuals.
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Person C: The Constitution has not failed us. We have failed the
Constitution.

The position of C is correct.

 The Constitution has adequate principles for proper governance of

the country.

 The people who are responsible for executing and implementing the
principles of the constitution have failed to do so because of their
self-interest and dishonesty.

 The tendency to subvert democratic processes in pursuit of power

has led to the state of affairs where elections are rigged, money and
muscle power becomes important and political parties are run as
family institutions without inner-party democracy.

 All this is responsible for the rampant rise in corruption as people

who gain positions of power through money want to recover their
expenditure.
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 The caste and currently rising communalism in India that has failed
the constitution.

 Many anti-social and anti-national elements are growing which

hamper the proper working of our constitutional system. So,
President Abdul Kalam observed in 1999, "The Constitution has not
failed, we have failed it by our misdeeds."

 The citizens should be vigilant and aware. They must be active in

public and participate more in political affairs. They should
cooperate with the government in its entire good works.

DEV AGARWAL
B.COM (P) – C
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22089