50521795 Constitution Why Amp How

March 8, 2019 | Author: eyecandy123 | Category: Constitution, Separation Of Powers, Legal Documents, Political Theories, Official Documents
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Constitution: Constitution: Why and How? 2 marks 1. Why Preamble is referred as a preface of the constitution? constitution? The term preamble refers to the introduction or preface of the constitution, as it declares the aims and objectives of the Constitution and expresses its " soul and spirit". It reflects the aspirations of the framers of the Constitution and embodies the hopes of the people for building a new India which would guarantee justice, liberty and equality among its citiens. 2. Briefly eplain the role of a constitution. The Constitution plays an important role in the governance of a nation. It generates trust and coordination !pecifies and limits powers of government xpresses aspirations of the people #etermines relationship between people and government

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!. What is a Constitution? Constitution? Constitution is a supreme law, which establishes the relationship between the people and the government. It consists of set of rules that establishes the duties, power and functions of the various institutions of the government. ". How the power is di#ided amon$ different institutions of the $o#ernment? The division of power among the different institutions of the government is based on the principle of separation of powers. It is the doctrine that each branch of government is separate and has unique powers that the other branches of government government may not interfere with. $n attempt was being made by the framers of Indian Constitution to ensure independence of executive, legislature and judiciary. !ubsequently, each institution was assigned a specific tas%, e.g., legislature formulates laws, executive implements and judiciary interprets. % marks &. Write a note on an eminent personality' personality' who was not a member of the Constituent (ssembly yet his ideas were incorporated in the Constituent (ssembly. &ahatma 'andhi was not a member of the Constituent $ssembly, yet his ideas were incorporated in the Constitution. In the words of &ahatma 'andhi, () I shall wor% for an India in which the poorest shall feel that it is their country in whose ma%ing they have an effective voice* an India in which there shall be no high class and low class of people* an India in which all communities shall live in perfect harmony+++++)) The idea of a constituent assembly was first conceived by &ahatma 'andhi in -. In his  words, () !waraj will not be a free gift of the /ritish parliament, parliament, it will be a declaration of India)s full self+expression+++++))). $ Constitution was drafted in -0 by b y &otilal 1ehru, along with other Congress members. 2esolution of the -3 4arachi session of Indian 1ational Congress was a landmar%. The outline was provided by the Cabinet &ission 5lan, -67. $long with the framing of the Constitution, the Constituent $ssembly had to decide the nature of the state)s structure. There was no disagreement regarding the goals to be achieved, I.e. social justice, unity, integrity and democracy. The conflict arose on the question of priority to be given to each goal. Constituent $ssembly was set up in -67, with a purpose to frame the Constitution of India. •

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The first session was held on #ec -, -67. #r. 2ajendra 5rasad was elected as president. 5t. 8awaharlal 1ehru introduced 9bjective resolution which was passed on 8an , -6: and forms part of the preamble to the constitution of India .The draft of the constitution was passed by assembly on 1ov 7, -6-. It became effective from 8an 7, -; were nominated by the rulers in the princely states besides men of eminence from different fields especially those who had contributed significantly to the Indian 1ational &ovement. The members were i ndirectly elected by a system of proportional representation from the provincial legislatures which themselves had been constituted on the basis of a restricted franchise+ about ; per cent of the adult population. ?ence the method of election was not perfectly democratic and it is not to deny that the Constituent $ssembly was not largely a representative body. 2egarding the composition of the Constituent $ssembly, 'ranville $ustin pointed out that the Constituent $ssembly was the Congress and the Indian 1ational Congress was India. +. Write a note on ob,ecti#e resolution. 5t. 8awaharlal 1ehru introduced 9bjective 2esolution in the Constituent $ssembly on #ec 3, -67 which was subsequently passed on 8an , -6: and forms a part of the 5reamble to the Constitution of India. -ain points of the b,ecti#es /esolution: India is an independent, sovereign, republic India shall be a @nion of erstwhile /ritish Indian territories, Indian !tates, and other parts outside /ritish India and Indian !tates as are willing to be a part of the @nion Territories forming the @nion shall be autonomous units and exercise all powers and functions of the 'overnment and administration, except those assigned to or vested in the @nion $ll powers and authorities of sovereign and independent India and its constitution shall flow from the people $ll people of India shall be guaranteed and secured social, economic and political justice* equality of status, opportunities and equality before law* and Aundamental right to freedom + of speech, expression, belief, faith, worship, vocation, association and action + subject to law and public morality The minorities, bac%ward and tribal areas, depressed and other bac%ward classes shall be provided adequate safeguards The territorial integrity of the 2epublic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilied nations The land would ma%e full and willing contribution to the promotion of world peace and  welfare of man%ind. • •

0. What are the #arious sources of ndian constitution? The framers of the Indian Constitution, after lots of deliberations had framed the Constitution. The features of the Indian Constitution were adopted from different nations, but it is important to ta%e account of the fact that all the features mended and molded as per the Indian requirement. The rule of law, single citienship and the model of parliamentary democracy has been adopted from the /ritain. Independence and supremacy of judiciary, fundamental rights are based on the @.!.$ Constitution. The Irish Constitution showed the way for #irective 5rinciples, method of 5residential elections, and nomination of members of 2ajya !abha by the 5resident. The idea of a federation with strong centre, and placing residuary powers with the centre  were ta%en from the Canadian Constitution. The idea of Concurrent list was ta%en from the $ustralian Constitution and the Arench Constitution inspired the principles of liberty, equality and fraternity. •

The 'overnment of India $ct of -3; had a great influence on the Indian Constitution. The federal scheme, power of federal judiciary, office of governor was drawn from this act. This act is said to be the basis of the Indian Constitution. •

uestions Bhat were the main objectives of Indian 1ational &ovement ?ow do they influence the Indian Constitution ?ow does a constitution merge diversities ?ow does a constitution divide powers ?ow does Indian Constitution fulfils the aspirations and needs of people Bhat happens if people find that a constitution is unjust Bhat would have happened if the Constituent $ssembly was elected by all the people of India Could it be different from what it is today Bere the people who enacted the Constitution of India credible Bas the group ma%ing the Constitution so intelligently organised so as not to subvert it Bas the constitution based on the locus of people)s aspirations and needs #escribe the nature of the Constituent $ssembly Bhat are the features of the 5reamble of the Indian Constitution •

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3lossary Constitution 4 It is a collection of basic rules providing the framewor% for the governance of the country. Constituent (ssembly 4 It is a body of elected representatives who frame the constitution of a country. •

5he constitution is re6uired because of the followin$ reasons 4 It develops a mutual trust and coordination which is necessary for different %inds of people to live harmoniously. It highlights the structure of govts., their composition and division of powers specifically. It clearly specifies the limits on the powers of the govt. It clearly specifies the rights of people guaranteed. It expresses the aspirations of people in creation of a just society. •

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Constitution allows coordination and assurance Countries li%e India have diverse groups D ways of living. There is diversity of faith, profession, ability, equality, property. 5eople adopt different professions. !ome are rich and poor. Inspite of these diversities, the group has to live together. It is dependent upon each other and the needs the cooperation of each other. • • • • • •

7olution + The problem of diversity can be solved only if these people live on the basis of some rationally agreed basic rules. The basic rules would clarify the rights and claims of individuals so that there are no conflicts. These basic rules are publicly promulgated to achieve a m inimal degree of coordination. These rules are enforceable. It gives an assurance to everyone to follow those rules. Thus, the constitution provides a basic set of rules to provide minimum coordination and assurance amongst members of a society.

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