Constitutional Design
Q.1. What is constitution?
Ans:
In a democracy the rulers are not free to do what they like.
There are certain basic rules that the citizens and the government have to
follow. All such rules together are called constitution.
Q.2. What determines the rights of citizens and the powers of
the government?
Ans:
As the supreme law of the country, the constitution determines
the rights of citizens, the powers of the government and how the government
should function.
Q.3. Why was Nelson Mandela sentenced to life imprisonment?
Ans:
Nelson Mandela was tried for treason by the white South African
government. He and seven other leaders were sentenced to life imprisonment in
1964 for daring to oppose the apartheid regime in his country.
Q.4. Where did Nelson Mandela spend his prison term?
Ans:
Nelson Mandela spent 28 years in South Africa’s most dreaded
prison, Robben Island.
Q.5. What is meant by apartheid?
Ans:
Apartheid was the name of a system of racial discrimination
unique to South Africa. The white Europeans imposed this system on South
Africa. The system of apartheid divided the people and labelled them on the
basis of their skin colour. The native people of South Africa are black in
colour. They made up about 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 migrated from India. The white rulers treated
all nonwhites as inferiors. The non-whites did not have voting rights.
Q.6. Why was apartheid system particularly oppressive for the
blacks?
Ans:
The apartheid system was particularly oppressive for the blacks.
They were forbidden from living in white areas. They could work in white areas
only if they had a permit. Trains, buses, taxis, hotels, hospitals, schools and
colleges, libraries, cinema halls, theatres, beaches, swimming pools, public
toilets, were all separate for the whites and blacks. This was called
segregation. They could not even visit the churches where the whites
worshipped. Blacks could not form associations or protest against the terrible
treatment.
Q.7. Name the umbrella organisation that led the struggle
against the policies of segregation in South Africa.
Ans:
The African National Congress (ANC) was the umbrella
organisation that led the struggle against the policies of segregation.
Q.8. How was apartheid opposed?
Ans:
The organizations that opposed apartheid included many workers’
unions and the Communist Party. Many sensitive whites also joined the ANC to
oppose apartheid and played a leading role in this struggle. Several countries
denounced apartheid as unjust and racist.
Q.9. What was the reaction of the government towards the protest
movement?
Ans:
In South Africa the white racist government continued to rule by
detaining, torturing and killing thousands of black and coloured people. As
protests and struggles against apartheid had increased, the government realised
that they could no longer keep the blacks under their rule through repression.
The white regime changed its policies. Discriminatory laws were repealed. Ban
on political parties and restrictions on the media were lifted. After 28 years
of imprisonment, Nelson Mandela walked out of the jail as a free man.
Q.10. When did South Africa become a democratic country?
Ans:
At the midnight of 26 April 1994, the new national flag of the
Republic of South Africa was unfurled marking the newly born democracy in the
world. The apartheid government came to an end, paving way for the formation of
a multi-racial government.
Q.11. Who was the first president of the new South Africa?
Ans:
Nelson Mandela was the first president of the new South Africa.
Q.12. What appeal was made by black leaders after the emergence
of the new democratic South Africa?
Ans:
After the emergence of the new democratic South Africa, black
leaders appealed to fellow blacks to forgive the whites for the atrocities they
had committed while in power. They said let us build a new South Africa based
on equality of all races and men and women, on democratic values, social
justice and human rights.
Q.13. Write a note on constitution of South Africa.
Ans:
After two years of discussion and debate one of the finest
constitutions of the world was prepared in South Africa. 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.
Q.14. What was the need for constitution in South Africa?
Ans:
The oppressor and the oppressed in South Africa were planning to
live together as equals. It was not going to be easy for them to trust each
other. They had their fears. They wanted to safeguard their interests. The
black majority was keen to ensure that the democratic principle of majority
rule was not compromised. They wanted substantial social and economic rights.
The white minority was keen to protect its privileges and property.
Q.15. What did the whites in South Africa agree to?
Ans:
The whites agreed to the principle of majority rule and that of
one person one vote. They also agreed to accept some basic rights for the poor
and the workers.
Q.16. What is the blacks in South Africa agree to?
Ans:
The blacks agreed that majority rule would not be absolute. They
agreed that the majority would not take away the property of the white
minority.
Q.17. Why did people in South Africa felt the need to have
written rules for government?
Ans:
The rules lay down how the rulers are to be chosen in future.
These rules also determine what the elected governments are empowered to do and
what they cannot do. Finally these rules decide the rights of the citizen.
These rules will work only if the winner cannot change them very easily. This
is what the South Africans did. They agreed on some basic rules. They also
agreed that these rules will be supreme, that no government will be able to
ignore these.
Q.18. Why do countries need constitution?
Ans:
The constitution of a country is a set of written rules that are
accepted by all people living together in a country. Constitution is the
supreme law that determines the relationship among people living in a territory
(called citizens) and also the relationship between the people and government.
Q.19. What are main features of the constitution?
Ans:
The main features of constitutions are:
·
First, it generates a degree of trust and coordination that is
necessary for different kind of people to live together
·
Second, it specifies how the government will be constituted, who
will have power to take which decisions
·
Third, it lays down limits on the powers of the government and
tells us what the rights of the citizens are.
·
Fourth, it expresses the aspirations of the people about creating
a good society.
Q.20. Does having a constitution mean that a country is
democratic?
Ans:
All countries that have constitutions are not necessarily
democratic, but all countries that are democratic will have constitutions.
Q.21. Why has it become practice for democracies to have written
constitution?
Ans:
After the War of Independence against Great Britain, the
Americans gave themselves a constitution. After the Revolution, the French
people approved a democratic constitution.
Since then it has become a practice in all democracies to have a
written constitution.
Q.22. Why was constitution making not an easy affair in India?
Ans:
Like South Africa, India’s Constitution was also drawn up under
very difficult circumstances.
The making of the constitution for a huge and diverse country
like India was not an easy affair. At that time the people of India were
emerging from the status of subjects to that of citizens. The country was born
through a partition on the basis of religious differences. The British had left
it to the rulers of the princely states to decide whether they wanted to merge
with India or with Pakistan or remain independent. The merger of these princely
states was a difficult and uncertain task. When the constitution was being
written, the future of the country did not look as secure as it does today.
Q.23. What was the biggest advantage for the makers of Indian
constitution?
Ans:
There was one big advantage for the makers of the Indian
Constitution. Unlike South Africa, they did not have to create a consensus
about what a democratic India should look like. Much of this consensus had
evolved during the freedom struggle.
Q.24. When did the process of Indian constitution begin?
Ans:
As far back as in 1928, Motilal Nehru and eight other Congress
leaders drafted a constitution for India.
Q.25. some basic values were accepted by all leaders much before
the Constituent Assembly met to deliberate on the Constitution.
Ans:
In 1931, the resolution at the Karachi session of the Indian
National Congress dwelt on how independent India’s constitution should look
like. Both these documents were committed to the inclusion of universal adult
franchise, right to freedom and equality and to protecting the rights of
minorities in the constitution of independent India. Thus some basic values
were accepted by all leaders much before the Constituent Assembly met to
deliberate on the Constitution.
Q.26. How did familiarity with political institutions of
colonial rule help Indians develop an agreement over the institutional design?
Ans:
The familiarity with political institutions of colonial rule
also helped develop an agreement over the institutional design. The British
rule had given voting rights only to a few. On that basis the British had
introduced very weak legislatures. Elections were held in 1937 for Provincial
Legislatures and Ministries all over British India. These were not fully
democratic governments. But the experience gained by Indians in the working of
the legislative institutions proved to be very useful for the country in
setting up its own institutions.
Q.27. How were Indian leaders inspired by other countries of
world?
Ans:
Years of thinking and deliberation on the framework of the
constitution had another benefit. Our leaders gained confidence to learn from
other countries, but on our own terms. Many of our leaders were inspired by the
ideals of French Revolution, the
practice of parliamentary democracy in Britain and the Bill of Rights in the
US. The socialist revolution in Russia had inspired many Indians to think of
shaping a system based on social and economic equality.
Q.28. Write a note on Vallabhbhai Patel.
Ans:
Vallabhai Patel was born in Gujarat. He was Minister of Home,
Information and Broadcasting in the Interim Government. He was a lawyer by
profession and leader of Bardoli peasant satyagraha. He played a decisive role
in the integration of the Indian princely states. Later he became Deputy Prime
Minister of India.
Q.29. Who was Abdul kalam Azad?
Ans:
Abdul Kalam Azad was born in Uttar Pradesh. He was Educationist,
author and theologian; He was scholar of Arabic. He was active in the national
movement. He opposed Muslim separatist politics. He became Education Minister
in the first union cabinet of India.
Q.30. Who was Rajendra Prasad?
Ans:
Rajendra Prasad was born in Bihar. He was the Chairman of the
Constituent Assembly. Lawyer by profession, he was known for his role in the
Champaran satyagraha. He was the president of Congress three times. He was also
the first President of India.
Q.31. Who drafted the constitution?
Ans:
The drafting of the document called the constitution was done by
an assembly of elected representatives called the Constituent Assembly.
Q.32. When were the elections for constituent assembly held?
Ans:
Elections to the Constituent Assembly were held in July 1946.
Q.33. When was first meeting of the constituent assembly held?
Ans:
The first meeting of the constituent assembly was held in
December 1946.
Q.34. Why was the constituent assembly divided?
Ans:
Soon after the country was divided into India and Pakistan, the
Constituent Assembly was also divided into the Constituent Assembly of India
and Pakistan.
Q.35. What was the strength of the constituent assembly?
Ans:
The Constituent Assembly that wrote the Indian constitution had
299 members.
Q.36. When was the Indian constitution adopted?
Ans:
The Assembly adopted the Constitution on 26 November 1949 but it
came into effect on
January 26, 1950. To mark this day January 26 is celebrated as
Republic Day every year.
Q.37. Why should we accept the Constitution made by the Assembly
more than fifty years ago?
Ans:
The Constitution does not reflect the views of its members
alone. It expresses a broad consensus of its time. Many countries of the world
have had to rewrite their Constitution afresh because the basic rules were not
accepted to all major social groups or political parties. The experience of our
Constitution is different. Over the last half a century, several groups have
questioned some provisions of the Constitution, but no large social group or
political party has ever questioned the legitimacy of the Constitution itself.
This is an unusual achievement for any constitution. The second reason for
accepting the Constitution is that the Constituent Assembly represented the
people of India.
Q.38. How members of the constituent assembly were elected?
Ans:
The Constituent Assembly represented the people of India. There
was no universal adult franchise at that time. So the Constituent Assembly
could not have been chosen directly by all the people of India. It was elected
mainly by the members of the existing Provincial Legislatures.
Q.39. Who was the chairman of the drafting committee?
Ans:
Dr.B.R. Ambedkar was the chairman of the drafting committee.
Q.40. How many amendments were considered while drafting the
constitution?
Ans:
More than two thousand amendments were considered while drafting
the constitution.
Q.41. What is meant by ‘Constituent Assembly Debates?’
Ans:
The members deliberated for 114 days spread over three years.
Every document presented and every word spoken in the Constituent Assembly has
been recorded and preserved. These are called ‘Constituent Assembly Debates’.
When printed, these debates are 12 bulky volumes! These debates provide the rationale
behind every provision of the Constitution.
These are used to interpret the meaning of the Constitution.
Q.42. What formed the foundation for India’s democracy?
Ans:
Values that inspired and guided the freedom struggle and were in
turn nurtured by it, formed the foundation for India’s democracy. These values
are embedded in the Preamble of the Indian Constitution.
Q.43. What is the preamble to the constitution?
Ans:
The Constitution begins with a short statement of its basic
values. This is called the Preamble to the constitution. Taking inspiration
from American model, most countries in the contemporary world have chosen to
begin their constitutions with a preamble.
Q.44. Why is the preamble regarded as the soul of Indian
constitution?
Ans:
The Preamble of the Constitution reads like a poem on democracy.
It contains the philosophy on which the entire Constitution has been built. It
provides a standard to examine and evaluate any law and action of government,
to find out whether it is good or bad. It is the soul of the Indian
Constitution.
Q.45. What is meant by sovereign?
Ans:
It means people have supreme right to make decisions on internal
as well as external matters. No external power can dictate the government of
India.
Q.46. What is meant by socialist?
Ans:
Wealth is generated socially and should be shared equally by
society. Government should regulate the ownership of land and industry to
reduce socio-economic inequalities.
Q.47. What is meant by secular?
Ans:
It means citizens have complete freedom to follow any religion,
but there is no official religion. Government treats all religious beliefs and
practices with equal respect.
Q.48. What are constitutional amendments?
Ans:
A constitution is not merely a statement of values and
philosophy. A constitution is mainly about embodying these values into
institutional arrangements. Indian constitution is a very long and detailed
document. Therefore it needs to be amended quite regularly to keep it updated.
Those who crafted the Indian Constitution felt that it has to be in accordance
with people’s aspirations and changes in society. They did not see it as a
sacred, static and unalterable law. So, they made provisions to incorporate
changes from time to time. These changes are called constitutional amendments.
Q.49. How does the Indian Constitution describes the
institutional arrangements?
Ans:
The Constitution describes the institutional arrangements in a
very legal language. Like any
Constitution, the Indian Constitution lays down a procedure for
choosing persons to govern the country. It defines who will have how much power
to take which decisions, and it puts limits to what the government can do by
providing some rights to the citizen that cannot be violated.
Q.50. Define preamble.
Ans:
It is an introductory statement in a constitution which states
the reasons and guiding values of the constitution.
Q.51. Define Apartheid.
Ans:
It means the official policy of racial separation and ill
treatment of blacks followed by the government of South Africa between 1948 and
1989.
BY SUMIT BHADRA
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