The Philosophy Of The ConstitutionClass 11 India Constitution At Work NCERT Solutions
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Q1Exercises
The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons. a. Both daughters and sons will have share in the family property. b. There will be different slabs of sales tax on different consumer items. c. Religious instructions will not be given in any government school. d. There shall be no begar or forced labour.
Solution
Yes, all these laws are connected with certain values. The underlying values are as follows:
a. Both daughters and sons will have share in the family property.
- Value: This law is connected to the value of equality, specifically gender equality, and social justice.
- Reason: It ensures that there is no discrimination between men and women in matters of inheritance, promoting fairness and justice within the family structure. It counters traditional hierarchies that often disadvantage women.
b. There will be different slabs of sales tax on different consumer items.
- Value: This is connected to the value of social and economic justice.
- Reason: By taxing luxury items at a higher rate and essential commodities at a lower rate (or not at all), the state aims to create a more equitable economic system. This approach ensures that the tax burden does not fall disproportionately on the poor, reflecting a commitment to the well-being of all sections of society.
c. Religious instructions will not be given in any government school.
- Value: This law is based on the value of secularism.
- Reason: The Indian Constitution adopts a model of secularism based on 'principled distance'. This law ensures that the state, through its institutions like government schools, remains neutral and does not promote any particular religion. It upholds the freedom of religion by not imposing any specific religious teaching on students from diverse backgrounds.
d. There shall be no begar or forced labour.
- Value: This law is connected to the values of liberty, freedom, and human dignity.
- Reason: 'Begar' or forced labour is a violation of an individual's fundamental right to freedom and dignity. This law ensures that no person can be compelled to work against their will or without payment, thus protecting them from exploitation and upholding the core constitutional value of individual liberty.
Q2Exercises
Which of the options given below cannot be used to complete the following statement? Democratic countries need a constitution to i. Check the power of the government. ii. Protect minorities from majority. iii. Bring independence from colonial rule. iv. Ensure that a long-term vision is not lost by momentary passions. v. Bring social change in peaceful manner.
Solution
The correct option is iii. Bring independence from colonial rule.
Reasoning:
A constitution is typically framed and adopted after a country has achieved independence. While the demand for a constitution can be a part of the independence movement, the constitution itself is a document that establishes the framework for governing the newly independent nation. The other options are core functions of a constitution in a democratic country as discussed in the chapter:
- (i) Check the power of the government: The chapter states that one reason for having constitutions is the need to restrict the exercise of power and prevent states from turning tyrannical.
- (ii) Protect minorities from majority: The Indian Constitution's commitment to minority rights and secularism is a key feature that protects them.
- (iv) Ensure that a long-term vision is not lost by momentary passions: The constitution embodies the foundational values and vision of the nation, providing a stable framework that is not easily altered by short-term political interests.
- (v) Bring social change in peaceful manner: The chapter highlights that constitutions provide peaceful, democratic means to bring about social transformation and break the shackles of traditional social hierarchies.
Q3Exercises
The following are different positions about reading and understanding Constituent Assembly debates. i. Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement says that they are not relevant? ii. With which of these positions do you agree and why? a. Common people are too busy in earning livelihood and meeting different pressures of life. They can't understand the legal language of these debates. b. The conditions and challenges today are different from the time when the Constitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring past in the present c. Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practises are important. In a period when constitutional practises are being challenged, not knowing the reasons can destroy them.
Solution
i. Relevance of the statements:
- Statements that argue the debates are NOT relevant: Statements (a) and (b) argue that the Constituent Assembly debates are not relevant today. Statement (a) suggests they are inaccessible to common people, while statement (b) argues they are outdated because circumstances have changed.
- Statement that argues the debates ARE relevant: Statement (c) argues that the Constituent Assembly debates are highly relevant even today.
ii. Agreement and Reasoning:
I agree with the position presented in statement (c).
Reasoning:
The chapter provides strong arguments for why we need to go back to the Constituent Assembly debates.
- Understanding Underlying Principles: As statement (c) suggests, the debates help us understand the rationale and justification behind the values embedded in our Constitution. The chapter states, "to get a handle on current constitutional practice, to grasp their value and meaning, we may have no option but to go back in time to the Constituent Assembly debates." When our constitutional practices are challenged, understanding these original reasons is crucial to defend them.
- Continuity of Ideals: The chapter argues that in the Indian context, the world of the framers and our present world have not changed so drastically in terms of values and ideals. "A history of our Constitution is still very much a history of the present." Therefore, the ideas of the makers are not merely relics of the past but continue to be relevant.
- Arbitrating Interpretations: The debates provide a deeper understanding of constitutional ideals, which can be used to arbitrate between varying interpretations that arise in contemporary politics. They offer a higher theoretical plane to justify the values in the Constitution.
While statements (a) and (b) raise practical points, they are ultimately weak arguments. The complexity of the language (a) does not negate the importance of the content for students of politics, lawyers, and policymakers. The argument that times have changed (b) overlooks the enduring nature of the core principles of liberty, equality, and justice that the framers debated and enshrined in the Constitution.
Q4Exercises
Explain the difference between the Indian Constitution and western ideas in the light of a. Understanding of secularism. b. Articles 370 and 371. c. Affirmative action. d. Universal adult franchise.
Solution
The Indian Constitution, while drawing from Western ideas, adapted them innovatively to suit Indian conditions. The key differences are as follows:
a. Understanding of secularism:
- Western Idea: The mainstream Western conception of secularism implies a strict separation or 'mutual exclusion' of state and religion. The state does not intervene in religious affairs, and religion does not influence state policy. The primary aim is to protect individual freedom from both the state and organised religion.
- Indian Constitution: Indian secularism is based on the idea of 'principled distance'. It does not mandate strict separation. The state can intervene in religious affairs to address social evils like untouchability and can also provide aid to educational institutions run by religious communities. This is done to promote values like liberty, equality, and social justice, and to ensure inter-community equality, which is as important as individual equality.
b. Articles 370 and 371 (Asymmetric Federalism):
- Western Idea: Many Western federations, like the American one, are based on the principle of 'constitutional symmetry'. This means all constituent states or sub-units have the same legal status and powers in relation to the central government.
- Indian Constitution: The Indian Constitution provides for 'asymmetric federalism'. Articles like 371 (and the former Article 370) grant special status and provisions to certain states (like Nagaland and other North-Eastern states) to meet their specific needs and protect their unique cultural identities. This differential treatment is a deliberate part of the constitutional design to accommodate diversity.
c. Affirmative action:
- Western Idea: In many Western nations, particularly the U.S., affirmative action programs were introduced much later (e.g., after the Civil Rights Act of 1964) and have often been subjects of intense political and legal debate.
- Indian Constitution: The Indian Constitution was ahead of its time by entrenching affirmative action (reservations for Scheduled Castes and Scheduled Tribes in legislatures and public sector jobs) from its very inception. This was not seen as a departure from liberalism but as essential for achieving social justice and giving real meaning to the right to equality for historically disadvantaged groups.
d. Universal adult franchise:
- Western Idea: In many established Western democracies, the right to vote was extended gradually. The struggle for universal franchise was long, with women and the working class gaining voting rights only after prolonged movements, often well into the 20th century.
- Indian Constitution: The Indian Constitution adopted universal adult franchise from the very beginning, almost without contestation in the Constituent Assembly. This was a radical and courageous step, given the context of high illiteracy and poverty. It reflected the nationalist movement's faith in the common person and the idea that the will of the nation must be expressed by every single member of society.
Q5Exercises
Which of the following principles of secularism are adopted in the Constitution of India? a. that state will have nothing to do with religion b. that state will have close relation with religion c. that state can discriminate among religions d. that state will recognise rights of religious groups e. that state will have limited powers to intervene in affairs of religions
Solution
The principles of secularism adopted in the Constitution of India are:
- d. that state will recognise rights of religious groups
- e. that state will have limited powers to intervene in affairs of religions
Reasoning:
The chapter explains that Indian secularism is not based on the Western model of 'mutual exclusion' where the state has nothing to do with religion (ruling out option 'a'). It is also not based on a close relationship (ruling out 'b') or discrimination (ruling out 'c').
Instead, Indian secularism follows a model of 'principled distance'. This model involves:
- Recognising group rights: The Constitution grants rights to religious communities, such as the right to establish and maintain their own educational institutions (supporting option 'd').
- State's power of intervention: The state can intervene in religious matters to uphold constitutional values like equality and social justice (e.g., to abolish untouchability). It can also help religious communities by providing aid. This power to intervene or abstain is limited by the principles of liberty, equality, and social justice (supporting option 'e').
Q6Exercises
Match the following.
a. Freedom to criticise treatment of widows i. Substantive achievement b. Taking decisions in the constituent assembly on the basis of reason, not self interest ii. Procedural achievement c. Accepting importance of community in an individual's life iii. Neglect of gender justice d. Article 370 and 371 iv. Liberal individualism e. Unequal rights to women regarding family property and children v. Attention to requirements of a particular region
Solution
The correct matches are as follows:
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a. Freedom to criticise treatment of widows matches with iv. Liberal individualism.
- Reason: This reflects the Constitution's commitment to individual freedom, rights, and the ability to question and protest against oppressive social traditions.
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b. Taking decisions in the constituent assembly on the basis of reason, not self interest matches with ii. Procedural achievement.
- Reason: This highlights the faith in political deliberation and a rational, inclusive approach that characterized the making of the Constitution, which is a procedural strength.
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c. Accepting importance of community in an individual's life matches with i. Substantive achievement.
- Reason: The Constitution's recognition of group rights and respect for diversity is a core, substantive feature of its philosophy, especially in a multicultural society like India.
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d. Article 370 and 371 matches with v. Attention to requirements of a particular region.
- Reason: These articles are prime examples of asymmetric federalism, where special provisions are made to address the unique needs of specific regions.
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e. Unequal rights to women regarding family property and children matches with iii. Neglect of gender justice.
- Reason: This is identified in the chapter as one of the limitations of the Constitution, where it glossed over important issues of gender justice, particularly within the family.
Q7Exercises
This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why. Jayesh: I still think that our Constitution is only a borrowed document. Saba: Do you mean to say that there is nothing Indian in it? But is there such a thing as Indian and western in the case of values and ideas? Take equality between men and women. What is western about it? And even if it is, should we reject it only because it is western? Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government? Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.
Solution
I agree with the arguments made by Saba and Neha.
Reasons:
Their arguments align perfectly with the analysis presented in the chapter regarding the criticism that the Indian Constitution is an alien, borrowed document.
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Innovative Borrowing, Not Blind Imitation: The chapter explicitly states that it was "never a blind borrowing" but an "innovative borrowing" and a "process of selective adaptation." Jayesh's argument that we simply adopted the British system is an oversimplification. The framers critically evaluated different systems and adapted them to India's unique social and political context. For example, Indian secularism and federalism are markedly different from their Western counterparts.
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Universality of Values: Saba's point about the universality of values like equality is crucial. The chapter discusses how the Constitution's commitment to individual freedom and social justice was a product of a century of intellectual and political activity within India itself, starting with figures like Rammohan Roy. These are universal human values, not exclusively 'Western' ones. Rejecting a good idea simply because of its origin is illogical.
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Fighting Colonialism, Not Ideas: Neha's argument correctly identifies the nature of the freedom struggle. The fight was against the oppressive system of colonialism, not against every idea or institution associated with the British. The nationalist leaders sought a democratic and liberal political order, and they adopted parliamentary government because they believed it was a suitable system for India, regardless of its origin.
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Creating an Alternative Modernity: The chapter explains that when Western modernity interacted with local cultures, a 'hybrid culture' and an 'alternative modernity' emerged. The Indian Constitution is a product of this process, amalgamating Western and traditional Indian values to create something new and suited to Indian conditions. Jayesh's criticism fails to recognize this creative and adaptive process.
Q8Exercises
Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.
Solution
It is said that the making of the Indian Constitution was unrepresentative because the members of the Constituent Assembly were not elected through universal adult franchise.
- Reason for being called unrepresentative: The members were chosen by indirect election by the members of the Provincial Legislative Assemblies, which themselves had been elected on a restricted franchise based on property and educational qualifications. A large majority of the Indian population did not have the right to vote in these elections. Therefore, in terms of the 'voice' component of representation, where people are recognised in their own voice, the Assembly was not directly representative of the entire population.
However, this does not necessarily make the Constitution itself unrepresentative. The document can be considered representative in a deeper sense.
- Reasons why the Constitution is still representative:
- Representation of Opinion: The chapter distinguishes between representation as 'voice' and representation as 'opinion'. While the Assembly may have been unrepresentative in voice, it was arguably representative in opinion. The framers made a conscious effort to ensure that almost every shade of opinion was present and heard. The debates show that a vast range of issues and concerns of various social sections were raised and discussed, even by members who did not belong to those sections.
- Inclusivity and Deliberation: The members did not merely push for their own narrow interests. The debates reflect a spirit of public reason, where members presented arguments and were open to persuasion. They raised matters based on the perceived interests of all Indians, aiming to frame a constitution for the entire nation.
- Reflecting Aspirations: The Constitution succeeded in reflecting the aspirations of a wide cross-section of the population. The chapter gives the example of the feeling among Dalits that the Constitution, largely shaped by Dr. Ambedkar, reflects many of their aspirations for dignity and justice. This demonstrates its legitimacy and representative character beyond the formal process of its creation.
Q9Exercises
One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?
Solution
Evidence to substantiate the charge:
The chapter itself points out this limitation, stating that the Constitution "appears to have glossed over some important issues of gender justice, particularly within the family." Evidence to support this can be found in the following areas:
- Lack of Uniform Civil Code as a Fundamental Right: While the Constitution promotes equality, it allows for the continuation of personal laws based on religion for matters like marriage, divorce, and inheritance. Many of these personal laws are discriminatory against women, denying them equal rights in property and family matters. Placing the Uniform Civil Code in the Directive Principles (Article 44) rather than making it a justiciable right weakened the immediate pursuit of gender justice within the family.
- Focus on Public Sphere: The fundamental rights guaranteed by the Constitution primarily address the relationship between the individual and the state (the public sphere). It is less explicit about ensuring equality and justice within the private sphere of the family, where much of the gender-based discrimination occurs.
Provisions to recommend for remedying this limitation:
If I were writing the Constitution today, I would include the following provisions:
- Make the Right to Gender Equality Explicit and Absolute within the Family: I would introduce a specific fundamental right that explicitly guarantees women equal rights within marriage, divorce, guardianship of children, inheritance, and property, making it clear that these rights cannot be superseded by any personal law or custom.
- Implement a Uniform Civil Code: I would recommend making the Uniform Civil Code a justiciable part of the fundamental rights, mandating the state to enact a common code for all citizens that is based on the principles of gender equality and justice.
- Specific Provisions against Gender-Based Violence: I would include an explicit fundamental right to a life free from all forms of gender-based violence, both in public and private spheres, and place a constitutional obligation on the state to take proactive measures to prevent it.
- Guaranteed Representation for Women: To ensure women's voices are heard in law-making, I would include a constitutional provision for the reservation of seats for women in Parliament and State Legislatures, similar to the provision that already exists for Panchayats and Municipalities.
Q10Exercises
Do you agree with the statement that "it is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our Fundamental Rights"? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the section on Directive Principles?
Solution
Yes, I agree that the statement raises a valid and critical question about the structure of the Indian Constitution. The relegation of socio-economic rights to the non-justiciable Directive Principles of State Policy (DPSP) while making political and civil rights justiciable Fundamental Rights is one of the most debated limitations of the Constitution.
Reasons for Agreement:
For a vast majority of people in a poor, developing country like India, socio-economic rights such as the right to livelihood, adequate housing, and healthcare are as fundamental to a life of dignity as civil liberties like freedom of speech. Without the fulfillment of these basic needs, the enjoyment of political rights can feel hollow. Therefore, it is a legitimate criticism that these essential rights were not made legally enforceable from the outset.
Possible reasons for putting socio-economic rights in the Directive Principles:
While the decision can be criticized, the framers of the Constitution likely had several practical reasons for this arrangement:
- Lack of State Capacity and Resources: At the time of independence, the newly formed Indian state was facing immense challenges, including the aftermath of partition, widespread poverty, and limited financial resources. Making socio-economic rights (like the right to employment or housing for all) justiciable would have been impossible for the state to enforce. It would have led to a flood of litigation that the government could not have possibly addressed, potentially undermining the credibility of the Constitution and the judiciary.
- Progressive Realisation: The framers intended these rights to be goals or guiding principles for future governments. The idea was that as the country developed and its economic capacity grew, the state would progressively implement policies to realize these rights. They were seen as fundamental to the governance of the country, even if they were not enforceable in court.
- Flexibility for Policymaking: Placing these rights in the DPSP gave democratically elected governments the flexibility to devise policies and schemes to achieve these goals according to the prevailing economic conditions and priorities, without being constrained by rigid judicial mandates.
In essence, the framers made a pragmatic choice, distinguishing between rights that could be immediately guaranteed (civil-political rights) and those that were aspirational goals to be achieved over time (socio-economic rights).
Q11Exercises
How did your school celebrate the Constitution Day on November 26th?
Solution
This question requires a personal response based on activities conducted in one's own school. As I do not attend a school, I can suggest how a school could ideally celebrate Constitution Day on November 26th, based on the themes of this chapter.
A school could celebrate Constitution Day in the following ways:
- Special Assembly: A special morning assembly could be organised where students read the Preamble to the Constitution together. This would help reinforce the core values of justice, liberty, equality, and fraternity.
- Debates and Discussions: Debates could be held on topics related to the philosophy of the Constitution, such as 'The relevance of the Constituent Assembly debates today' or 'Indian Secularism vs. Western Secularism'.
- Guest Lectures: A legal expert, a historian, or a political scientist could be invited to speak to students about the making of the Constitution and its significance.
- Quiz Competitions: An inter-house or inter-class quiz competition based on the Indian Constitution, its features, and the rights and duties of citizens could be organised.
- Mock Parliament: Students could organise a mock parliament session to discuss a contemporary issue, following parliamentary procedures, to understand the deliberative and democratic principles enshrined in the Constitution.
- Poster Making and Essay Writing: Competitions could be held on themes like 'My Idea of India as Envisioned in the Constitution' or 'The Core Features of Our Constitution'.