JKBOSE 9th Class Social Science Solutions Chapter 2 Constitutional Design
JKBOSE 9th Class Social Science Solutions Chapter 2 Constitutional Design
JKBOSE 9th Class Social Science Solutions Chapter 2 Constitutional Design
Jammu & Kashmir State Board JKBOSE 9th Class Social Science Solutions
J&K class 9th Social Science Constitutional Design Textbook Questions and Answers
INTRODUCTION
Constitution : The Constitution of a country is a body of fundamental or basic laws according to which a country is governed.
Need of Constitution : Constitution is needed to decide the fundamental principles of the Constitution.
How are the Constitution drawn up ? Constitution is generally drawn up by Constituent Assembly elected by the people.
Democratic Constitution in South Africa : Since 1950, the black coloured and Indian fought against the apartheid system. Freedom struggle was under the leadership of Nelson Mandela. After two years of discussion and debate the Constitution of South Africa was drafted.
Framing the Constitution of Free India : (i) In 1928 Pt. Motilal Nehru and eight other Congress leaders drafted a Constitution for India.
(ii) The Constitution of India has been framed by a Constituent Assembly.
(iii) The Cabinet Mission Plan in 1946 proposed the Constitution of the Constituent Assembly.
(iv) The elections to the Constituent Assembly were held in 1946.
(v) The making of the Indian Constitution started on 9th December 1946 by the Constituent Assembly.
(vi) On December 11, 1946, Dr. Rajinder Prasad was elected as the permanent chairman of the Constituent Assembly. }
(vii) On August 29, 1947 a seven member Drafting B.R. Ambedkar was constituted.
(viii) D.R. Ambedkar presented the draft Constitution to the Constituent Assembly in Feburary 1948.
(ix) The Constituent Assembly took two years, eleven months and eighteen days to complete its work.
(x) The Constitution came into force on 26th January 1950.
Preamble : The Indian Constitution begins with a preamble.
Nature of Indian Polity : The Preamble proclaims India as a Sovereign, Socialist, Secular Democratic, Republic state.
The Preamble assures the people of India, Justice Social, Economic and Political.
Apartheid : Policy of racial discrimination.
Clause : A distinct section of a document. Constituent Assembly: An assembly of people’s representatives who framed the Constitution for a country.
Constitutional Amendment : A change in the Constitution made by the Supreme Legislative body.
Treason : The offence of attempting to overthrow the government of the state.
Tryst : A meeting or meeting place that has been agreed upon.
TEXTUAL QUESTIONS
Choose the correct answer :
Q. 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.
(a) Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence.
(b) Members of the Constituent Assembly of India held the same views on all provisions of the Constitution.
(c) A country that has a Constitution must be a democracy.
(d) Constitution cannot be amended because it, is the supreme law of a country.
Ans.— (a) Leaders of the freedom movement were clear in their mind to have democratic govt.
(b) Members of the Constituent Assembly of India held same views on basic principles of the Constitution.
(c) All countries that are democratic will have Constitutions. (d) Constitution cannot be amended easily because it is the supreme law of a country.
Q. 2. Which of these was the most salient underlying conflict in the making of a democratic constitution in South Africa ?
(a) Between South Africa and its neighbours
(b) Between men and women
(c) Between the white majority and the black minority
(d) Between the coloured minority and the black majority.
Ans.— (d)
Q. 3. Which of these is a provision that a democratic constitution does not have ?
(a) Powers of the head of the state
(b) Name of the head of the state
(c) Powers of the legislature
(d) Name of the country,
Ans.— (b)
Q. 4. Match the following leaders with their roles in the making of the Constitution :
(a) Motilal Nehru | (i) President of the Constituent Assembly |
(b) B.R. Ambedkar | (ii) Member of the Constituent Assembly |
(c) Rajendra Prasad | (iii) Chairman of the Drafting Committee |
(d) Sarojini Naidu | (iv) Prepared a Constitution for India in 1928. |
Ans.—
(a) Motilal Nehru | (iv) Prepared a Constitution for India in 1928 |
(b) B.R. Ambedkar | (iii) Chairman of the Drafting Committee |
(c) Rajendra Prasad | (i) President of the Constituent Assembly |
(d) Sarojini Naidu | (ii) Member of the Constituent Assembly. |
Q. 5. Read again the extracts from Nehru’s speech Tryst with Destiny and answer the following :
(a) Why did Nehru use the expression “not wholly or in full measure in the first sentence ?
(b) What pledge did he want the makers of the Indian Constitution to take ?
(c) “The ambition of the greatest man of our generation has been to wipe every tear from every eye”. Who was he referring to ?
Ans.— (a) Pt. Jawaharlal Nehru used the expression not wholly or in full measure but very substantially to redeem our pledge.
(b) Pt. Jawaharlal wanted that the makers of the Constitution should take the pledge of dedication to the service of India and her people and to the still larger cause of humanity.
(c) Mahatma Gandhi.
Q. 6. Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly.
(a) Sovereign | (i) Government will not favour any religion |
(b) Republic | (ii) People have the supreme right to make decisions. |
(c) Fraternity
|
(iii) Head of the state is an elected person |
(d) Secular | (iv) People should live like brothers and sisters |
Ans.—
(a) Sovereign | (ii) People have the supreme right to make decisions. | |
(b) Republic | (iii) Head of the state is an elected person | |
(c) Fraternity |
|
|
(d) Secular | (i) Government will not favour any religion |
Q. 7. How did your school celebrate the Constitution Day on November 26th ? Prepare a brief report.
Ans.— Do it yourself with the help of your friends.
Q. 8. Here are different opinions about what made India a democracy. How much importance would you give to each of these factors ?
(a) Democracy in the India is a gift of the British rulers. We received training to work with representative legislative institutions under the British rule.
(b) Freedom Struggle challenged the colonial exploitation and denial of different freedoms to Indians. Free India could not be anything but democratic.
(c) We were lucky to have leaders who had democratic convictions. The denial of democracy in several other newly independent countries shows the important role of these leaders.
Ans.— (a) Democracy is not a gift of the British rulers. Britishers gave gradually and slowly powers to the elected representatives.
(b) This statement is true because freedom struggle w was against the colonial exploitation. Indians were given limited and restricted rights. Thus it was clear before independence that India will be a democratic country after independence.
(c) This view is correct. Our leaders were committed to democratic institutions and democratic values. In India democracy is successful due to great leadership of Pt. Jawahar Lal Nehru, Dr. B.R. Ambedkar, Dr. Rajinder Prasad, Sardar Patel etc.
Q. 9. Read the following extract from a conduct book for ‘married women’, published in 1912. ‘God has made the female species delicate and fragile both physically and emotionally, pitiably incapable of selfdefence. They are destined thus by God to remain in male protection – of father, husband and son -all their lives. 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?
Ans.— The values expressed in the above para are against the constitutional values. In the above para the emphasis is on the superiority and dominance of man. But our constitutional value is principle of equality. Under the Constitution man and woman both are equal. Both enjoy equal rights and both are equal before the eyes of law. There should be no discrimination on the basis of sex.
Q. 10. Read the following statements about a 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.
(b) Constitution lays down how different organs of the government will be formed.
(c) Rights of citizens and limits on the power of the government are laid down in the constitution.
(d) A constitution is about institutions, not about values.
Ans.— (a) This statement is not true because Constitution is the supreme law of the state.
(b) This statement is true. The structure of different organs of government are mentioned in the Constitution. How legislature, Executive and Judiciary constituted are mentioned in the constitution.
(c) This statement is true. Rights of the citizens are mentioned in the Constitution. In India Part III of the Constitution deals with fundamental rights.
(d) This statement is not true. A Constitution is not about institutions only, it is about values also. Our Constitution emphasises on Justice, Liberty, Equality, Fraternity and Dignity.
OTHER IMPORTANT QUESTIONS
Objective Type Questions
I. Multiple Choice Questions
Q. 1. The Constituent Assembly recommendations was set up under the recommendations of :
(i) Cripps Proposals
(ii) C.R. Plan
(iii) Cabinet Mission Plan
(iv) Act of 1935.
Ans.— (iii) Cabinet Mission Plan.
Q. 2. “I have fought against white domination and I have fought against black domination ……… It is an ideal for which I am prepared to die.” Who said ?
(i) Pt. Jawaharlal Nehru
(ii) Nelson Mandela
(iii) Dr. B.R. Ambedkar
(iv) Mahatma Gandhi.
Ans.— (ii) Nelson Mandela.
Q. 3. Which of the following Constitution Inspires democrates all over the world ?
(i) Sri Lanka
(ii) Chile
(iii) South Africa
(iv) China.
Ans.— (iii) South Africa.
Q. 4. On which date the new national flag of the Republic of South Africa was unfurled ?
(i) 26 April 1994
(ii) 26 April 2000
(iii) 26 April 1950
(iv) 15 August 1994.
Ans.— (i) 26 April 1994.
Q. 5. In South Africa which party led the struggle against the policies of segregation ?
(i) Indian National Congress
(ii) African National Congress
(iii) Nelson Mandela Congress
(iv) Communist Party of South Africa.
Ans.— (ii) African National Congress.
Q. 6. Who was the Chairman of the drafting committee ?
(i) Dr. B.R. Ambedkar
(ii) Pt. Jawahar Lal Nehru
(iii) Mahatma Gandhi
(iv) Dr. Rajendera Prasad.
Ans.— (i) Dr. B.R. Ambedkar.
II. Fill in the Blanks
1. Indian Constitution is framed by …………… .
2……………. was the Chairman of the Drafting Committee.
3. Indian Constitution was enforced on ………. .
4. ………. was the Chairman of Constituent Assembly,
5. Objective Resolution was moved in the Constituent Assembly by ………. .
Ans.— 1. Constituent Assembly, 2. Dr. B.R. Ambedkar, 3. 26th Jan. 1950, 4. Dr. Rajendra Prasad, 5. Pt. Jawaharlal Nehru.
III. True/False
1. In 1928 Pt. Motilal Nehru and 8 other Congress leaders drafted Constitution for India.
2. The election to the Constituent Assembly were held in 1950.
3. Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
4. Mahatma Gandhi was a Chairman of drafting committee.
Ans.— 1. √, 2. x, 3. √, 4. x.
Very Short Answer Type Questions
Q. 1. Under whose recommendation the Constituent Assembly was set up ?
Ans.— The Constituent Assembly was set up on the recommendation of Cabinet Mission in, 1946.
Q. 2. When were the elections to the Constituent Assembly held ?
Ans.— The elections to the Constituent Assembly were held in July, 1946.
Q. 3. When was the Constituent Assembly of India established ?
Ans.— The Constituent Assembly was established in July, 1946.
Q. 4. Name the person who was chosen as temporary Chairman of the Constituent Assembly ?
Ans.— Dr. Sachindanand Sinha, the oldest member of the Constituent Assembly was elected the temporary Chairman of the Constituent Assembly.
Q. 5. When did the Constituent Assembly meet for the first time ?
Ans.— The Constituent Assembly met for the first time on December 9, 1946.
Q. 6. Who was the permanent Chairman of the Constituent Assembly ?
Ans.— Dr. Rajindra Prasad was the permanent Chairman of the Constituent Assembly.
Q. 7. Name the body that framed the Indian Constitution and state when it was constituted.
Ans.— The Indian Constitution was framed by the Constitutent Assembly and the Constituent Assembly was constituted in July, 1946.
Q. 8. Who was the Chairman of the Drafting Committee ?
Ans.— Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
Q. 9. Who moved the ‘Objectives Resolution’ in the Constituent Assembly ?
Ans.— Pt. Jawaharlal Nehru moved the ‘Objectives Resolution’ in the Constituent Assembly.
Q. 10. When was the Constitution of India adopted by the Constituent Assembly ?
Ans.— The Constituent Assembly adopted the Constitution on November 28, 1949.
Q. 11. When did the Constitution of India come into force ?
Or
When was the Constitution of India promulgated ?
Ans.— The Constitution of India came into effect on January 26, 1950.
Q. 12. When was the first session of Constituent Assembly held ?
Ans.— The first session of Constituent Assembly was held from 9th December to 23rd December 1946.
Q. 13. How many members were there in the Constituent Assembly ?
Ans.— The Constituent Assembly consisted of 389 members.
Q. 14. Name the body which adopted the Constitution of India.
Ans.— The Constituent Assembly adopted the Constitution of India.
Q. 15. How much time did Constituent Assembly take to make the Indian Constitution ?
Ans.— The Constituent Assembly took 2 years, 11 months and 18 days to frame the Constitution.
Q. 16. When was the last session of the Constituent Assembly held ?
Ans.— The last session of the Constituent Assembly was held on January 24, 1950.
Q. 17. How many years were spent in jail by Nelson Mandela ?
Ans.— Nelson Mandela remained in jail for 28 years.
Q. 18. In South Africa which party led the freedom struggle ?
Ans.— African National Congress.
Q. 19. Who was the first President of New South Africa ?
Ans.— Nelson Mandela.
Q. 20. Mention one feature of New South African Constitution.
Ans.— South African Constitution is a written Constitution. Presidential government is adopted in South Africa.
Q. 21. Mention the name of four countries where written Constitution exist.
Ans.— 1. U.S.A. 2. France. 3. India. 4. South Africa.
Q. 22. What is meant by Preamble ?
Ans.— The Preamble is a summary of the objectives and the basic philosophy of the Constitution. It helps in the interpretation of the Constitution.
Q. 23. With which words the Preamble of Indian Constitution starts ?
Ans.— The Preamble of Indian Constitution starts with “We the People of India…………………”
Q. 24. What is the nature of Indian Polity according to the Preamble ?
Ans.— According to the Preamble the nature of Indian Polity is Sovereign, Socialist, Secular, Democratic and Republic.
Q. 25. What new words have been added to Preamble of our Constitution under the 42nd amendment ?
Ans.— Socialist and Secular.
Q. 26. Is Preamble a part of the Constitution ?
Ans.— The Preamble is not a part of the Constitution.
Q. 27. From which country’s Constitution we have borrowed the idea of the Preamble ?
Ans.— We have borrowed the idea of the Preamble from the Constitution of U.S.A.
Q. 28. When was the Preamble to the Constitution adopted by the Constituent Assembly ?
Ans.— The Preamble to the Constitution was adopted after the full draft of the Constitution was approved..
Q. 29. How many amendments have been made in the Preamble ?
Ans.— Only one amendment (42nd) has been made in the Preamble so far.
Q. 30. In which case the Supreme Court held that the Preamble contained the basic features of the Constitution ?
Ans.— Keshwanand Bharati vs. State of Kerala.
Q. 31. How many types of justice are indicated by the Preamble ?
Ans.— The Preamble indicates three types of justice-Social, Economic and Political.
Q. 32. What is the source of the authority according to the Preamble ?
Ans.— The Preamble expresses in a very clear language that the people are the ultimate source of all authority.
Q. 33. Write down the different forms of justice mentioned in the Preamble of the Indian Constitution.
Ans.— 1. Social Justice. 2. Economic Justice. 3. Political Justice.
Q. 34. On which date was the Constitution of India adopted ?
Ans.— The Constitution of India was adopted on 26th November, 1949.
Q. 35. Whether the Preamble is a legal part of the Constitution ?
Ans.— The Preamble is not a legal part of the Constitution.
Short Answer Type Questions
Q. 1. Explain the meaning of Constitution.
Ans.— The Constitution is a collection of those rules and regulations according to which the administration of the state is run. The administration of each state is run in accordance with certain rules and regulations. It is the fundamental law reflecting the will of the people. It determines the powers and responsibilities of the state. It also states people’s rights and duties.
Q. 2. Explain the Composition of the Constituent Assembly.
Ans.— The Constituent Assembly consisted of 389 members: 296 from the British Indian provinces and 93 from the Indian states, out of 296, 4 members were taken from the Chief Commissioners’ Provinces. The first meeting of Constituent Assembly was presided over by an experienced and old member Dr. Sachindanand Sinha in which 210 members participated.
Q. 3. About the Constituent Assembly, explain the following :
1. Its Interim President.
2. Its Permanent President.
3. Name five of its prominent members.
Ans.— 1. Dr. Sachindanand Sinha was an experienced and oldest member of the Constituent Assembly and he was elected its interim president.
2. On December 11, 1946, Dr. Rajindra Prasad was elected as the permanent Chairman of the Constituent Assembly. On November 26, 1949 Dr. Rajinder Prasad, the Chairman of the Constituent Assembly put his signature on the final text of the Indian Constitution.
3. Prominent members of the Constituent Assembly were Dr. Rajinder Prasad, Pt. Jawahar Lal Nehru, Sardar Patel, Dr. B.R. Ambedkar, Dr. K.M. Munshi, Maulana Azad, Sir Tej Bahadur Sapru, A.K. Ayyer etc.
Q. 4. Why do we need a Constitution ?
Ans.— All the democratic countries of the world have Constitutions. We need Constitution due to given ahead reasons:
1. Supreme Law of the Country : Constitution of a state is the supreme law of the land. The government at the State and Central level work within the sphere of powers given to them by the Constitution.
2. Provide Basic Rules : Constitution provides basic rules and principles on the basis of which government should be.
3. Knowledge about the Nature of Government : It is the Constitution which decides how the government will be organised.
4. Rule of Law : Constitution of a state makes provision for rule of law.
5. Limitations on the Government : Constitution puts limitations on the three organs of the government so that no organ should become absolute and arbitrary.
Q. 5. Write a short note on the meaning of the Preamble.
Ans.— The Constitution of India begins with a Preamble. The Preamble serves the purpose of a window through which we peep into the intentions of the makers of the constitution. In short, the Preamble is a summary of the objectives and basic philosophy of a Constitution. It helps in the interpretation of the Constitution. With the help of the Preamble we can understand the basic philosophy of the Constitution.
Q. 6. Write a short note on the Necessity of a Preamble in a ‘Constitution.’
Ans.— It is considered essential that every written Constitution should possess a Preamble. The Preamble contains the basic ideals and philosophical postulates of a Constitution. The Preamble to Constitution mirrors the spirit of Constitution. The Indian Constitution also begins with a Preamble. The Preamble is essential because it serves the purpose of a window through which we peep into the intentions of the makers of the Constitution. It enables the people to assess and evaluate the performance of the government in the light of the objectives laid down in the Preamble.
Q. 7. Discuss the objectives of our Constitution as embodied in the Preamble.
Ans.— Following are the objectives of our Constitution given in the Preamble :
(i) Justice – social, political and economic;
(ii) Liberty of thought, expression, belief, faith and worship;
(iii) Equality of status and opportunity, and
(iv) Fraternity, assuring the dignity of the individual and the unity of the Nation.
Q. 8. Mention the nature of state according to the Preamble of Indian Constitution.
Ans.— According to the Preamble of the Indian Constitution the nature of Indian State is as under :
(i) India is a Sovereign state;
(ii) India is a Democratic state;
(iii) India is a Secular state;
(iv) India is a Socialist state and
(v) India is a Republic.
Q. 9. Explain the term Republic.
Ans.— The word ‘Republic’ means that the head of the state shall be an elected one for a fixed tenure. India is a Republic. The President of India is indirectly elected by the representatives of the people for a period of five years. He can even be impeached and removed from office before the expiry of five years. Any citizen of India fulfilling required qualifications can contest the election of the President of India.
Q. 10. Explain the term Fraternity.
Ans.— The dictionary meaning of the term Fraternity is ‘brotherhood’. Without fraternity, liberty and equality are meaningless. It was the main slogan of the French Revolution. The preamble of the Indian Constitution lays special stress upon the promotion of fellow-feeling among the people of India. Unless the people become a community of interests, the cohesion into one nation is not possible.
Q. 11. What do you mean by Social Justice ?
Ans.— Social Justice means that all the people living in society are equal. The people should not be treated discriminately on the basis of caste, religion, colour and sex. All the people should have equal opportunities to develop their personalities. All should have equal facilities to use public places, religious places and the places of entertainment. The State should not adopt the policy of untouchability and interests of the minorities should be safeguarded.
Q. 12. What is meant by “Economic Justice” ?
Ans.— Economic Justice means that the economic means of the country should be justly distributed and they are used for the benefit of maximum people. Economic Justice means to provide equal opportunities to everybody to earn his livelihood. The basic needs such as food, clothes and shelter of everybody should be fulfilled and wealth of the nation should not be in the hands of the few persons. The state helps those people who are not in a position to earn their livelihood. There should not be exploitation of man by a man.
Q. 13. What do you mean by Political Justice ?
Ans.— Political Justice means that all the citizens should enjoy equal political rights. In other words, citizens should have the right to participate in the government. There is adult franchise and right to contest election. All citizens are treated as equal before the law and all are given equal rights.
Q. 14. Describe the meaning of the term ‘Sovereign’.
Ans.— By Sovereign means that now, after the promulgation of the Constitution, India is not subject to any foreign rule. India is now a sovereign State, internally as well as externally. No other country can compel India to follow or not to follow a particular policy. We can now make any law, remaining of course within the limits imposed by our own Constitution. We can also amend our Constitution in accordance with the procedure laid down in the Constitution.
Q. 15. Describe the meaning of the term ‘Socialist’.
Ans.— By 42nd amendment act word ‘Socialist’ is inserted in the Preamble of the Constitution. Mr. Swaran Singh, the Chairman of the Congress Committee for Constitutional Changes, said that the proposed decision to inscribe ‘Socialism in the Preamble of the Constitution shows the nation’s resolve to work for a new “socio-economic revolution”. The former Defence Minister said, “Socialism was the target the country had set for itself. Not only the majority party, but several other political organisations also were committed to this concept.”
Q. 16. Write down the meaning of ‘Secular’ mentioned in the Preamble of Indian Constitution.
Ans.— By inserting the word ‘Secular’ in the Preamble of the Constitution by 42nd amendment, India is declared a secular state in clear words. Such a system is adopted in the Constitution that India is made secular state without any doubt. Right to freedom of religion has been granted to all persons residing in India under Articles 25-28 of Indian Constitution. According to this right, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion. State has no religion of its own. The State shows full neutrality in the religious matter. All this shows that India is a Secular State.
Q. 17. What do you mean by the term ‘Equality’ as given in the Preamble of the Constitution ?
Ans.— Preamble ensure equality of all in the eyes of law. Preamble indicates equality of status. By equality we mean that all men should be equal before the eyes of law. There should be no discrimination on any basis. Articles 14-18 of Indian Constitution ensure the right to equality.
Q. 18. What is meant by Democratic state as mentioned in the Preamble of the Constitution ?
Ans.— The Preamble to the Constitution declares India to be a democratic State. It means the authority of the government rests upon the sovereignty of the people. People as a whole are the source of power. The people elect their representatives who use the sovereign authority on behalf of the people. The government is of the people and for the people. The people enjoy equal political rights.
Q. 19. What does the Preamble to the Indian Constitution state about the principle of ‘Integrity’ which was incorporated by the 42nd Amendment, 1976 ?
Ans.— The term integrity of the nation was included in the Preamble by the 42nd amendment with a purpose to strengthen the unity of the nation. The term integrity expressed our determination to put an end to separatist tendencies’. Effort was done to make people feel at home in every part of India from whichever state or region they might come.
Q. 20. How our Constitution aims to promote national integration ?
Ans.— (i) Our Constitution aims to promote national integration by declaring India a Secular State.
(ii) By establishing democratic institutions.
(iii) By giving fundamental rights to every citizens.
(iv) By giving every community the right to preserve or to conserve its own language, script or culture.
Long Answer Type Questions
Q. 1. Discuss the circumstances which led to the formation of the Constituent Assembly.
Ans.— Our Constitution was drafted by a Constituent Assembly composed of Indian people. Mahatma Gandhi mooted the idea of Constituent Assembly in 1922 and the Indian National Congress put the demand in a concrete form in 1935. But this demand of the Congress Party remained unfulfilled for a number of years. It was incorporated in the Cripps Proposals of 1942 that after the end of war a constitution-making body would be set up to frame a new constitution. However, for various reasons the Cripps Proposals did not meet the approval of the Indian people. The Cabinet Mission plan 1946 proposed the constitution of an Assembly to frame the Constitution. The elections to the Constituent Assembly were held in 1946 according to the Cabinet Mission Plan. Its first meeting was held on 9 December, 1946.
Q. 2. Discuss the effect of the Indian Independence Act, 1947 on the status and Composition of the Constituent Assembly.
Ans.— Indian Independence Act 1947 changed the status of the Constituent Assembly. According to this Act, the Constituent Assembly was to play a double role. It was to be a Constituent Assembly as well as to be the ordinary law making body. Thus the Indian Independence Act gave the Constituent Assembly the much needed legal sovereignty and also conferred upon it the role of Free India’s Provisional Parliament. The Act also made a division of the Constituent Assembly. The members representing the areas included in Pakistan formed the Constituent Assembly for Pakistan and the remaining members constituted the Constituent Assembly for India. Therefore the membership of the Constituent Assembly came down to 308.
Q. 3. Write a short note on Constituent Assembly of India.
Ans.— The Cabinet Mission 1946 recommended the setting up of Constituent Assembly. The Constituent Assembly were to consist of 389 members : 296 from the British provinces and 93 from the states. The elections to the Constituent Assembly were held in July, 1946. The results of the elections created a sense of frustration in the League. The Constituent Assembly had 299 members after the withdrawal of Muslim league. The first session of the Constituent Assembly was held on Dec. 9, 1946. The Constituent Assembly adopted National Flag on 22nd July, 1947. On August, 29, 1947 a Drafting Committee under the chairmanship of Dr. Ambedkar was appointed. After doing much labour, the Draft Constitution was published in January 1948. The members of the Constituent Assembly were given full eight months to consider the draft of the Constitution. At last on November 26, 1949, the Constituent Assembly adopted the new Constitution of India. The new Constitution came into effect on 26 January, 1950.
Q. 4. Write a short note on the ‘Objective Resolution’.
Ans.— On December 13, 1946, Pt. Jawaharlal Nehru introduced the Objectives Resolution in the Constituent Assembly. The Objectives Resolution clearly laid down the fundamentals of the new constitution. The Objectives Resolution gave expression to the ideals and aspirations of the people of India. The Resolution declared the Constituent Assembly’s firm resolve to proclaim India an Independent Sovereign Republic. It promised a Constitution wherein the territories that then comprised British India and Indian States would form a union. The Resolution also declared that all powers and authority of the Sovereign Independent India would be derived from the people. The Resolution guaranteed to the people justice. It assured adequate safeguards to the minorities, the backward and tribal areas. The Objective Resolution was adopted unanimously by Constituent Assembly on January 22, 1947.
Q. 5. The Constitution of India was framed by the Constituent Assembly. In this context explain the following :
1. Draft Committee
2. Adoption and promulgation of the Constitution of free India.
Ans.— 1. Draft Committee. On August 29, 1947, the Constituent Assembly elected a Drafting Committee from among its members Dr. B. R. Ambedkar was its chairman. Besides its Chairman, its other members were: N. Gopala Swamy Ayyangar, Alladikrishna Swamy Ayyer, Dr. K.M Munshi, N. Madhav Rao, Sayyad Mohammad Sadaulla and. D.P. Khaitan. Sh. B.N. Rao was appointed adviser of the Drafting Committee. Dr. B.R. Ambedkar played a very important role in drafting the Constitution and he has rightly been called the father of the Draft Constitution.
2. A draft Constitution was prepared in February, 1948 and it was presented before the Constituent Assembly on February 21, 1948. Draft was published in all the leading newspapers of the country to elicit public opinion. A national debate was held on the Draft Constitution. On November 4, 1948 general discussion began on the Draft. It continued upto October 17, 1949. During this time 7635 amendments were presented out of which 2473 amendments were discussed. At last on November 26, 1949 the Constituent Assembly adopted the new Constitution of India. The Constituent Assembly took 2 years 11 months and 18 days to frame the constitution. The new Constitution came into effect on January 26, 1950.
Q. 6. ‘India is a Sovereign, Socialist, Secular, Democratic, Republic.’ Explain ?
Ans.— The preamble proclaims that the people of India have resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic.’
1. India is a Sovereign State : It means that now, after the promulgation of the Constitution, India is not subject to any foreign rule. India is fully sovereign, internally as well as externally. No other country can compel India to follow or not to follow a particular policy.
2. India is a Socialist State : Natural resources and wealth of the nation should be used for the welfare of the whole society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.
3. India is a Secular State : There is no official religion of of religion has been granted to all persons residing in India. All persons are equally entitled to freedom of conscience and the right to practise and propagate religion.
4. India is a Democratic State : Indian polity is based on democratic principles. The people elect their representatives on the basis of adult franchise. All citizens enjoy equal political rights. The government is run according to some basic rules.
5. India is a Republican State : The word ‘Republic’ means that the head of the state shall be an elected one for a fixed tenure. The head of the state (President) is elected for a period of five years. There is no room for a hereditary monarch like the one in England.
Q. 7. Discuss the objectives of the Constitution mentioned in the Preamble.
Ans.— In the Preamble following objectives are mentioned :
1. Justice : The object of the Constitution is that all the citizens of India should get justice in every sphere of life. In the Preamble the idea of achieving Social, Economic and Political Justice for all citizens has been mentioned. To achieve Social, Economic and Political Justice provisions have been mentioned in the Constitution.
2. Liberty : Another objective of the Indian Constitution is to secure liberty for the people of India. The citizens of India have been guaranteed a number of freedoms by the Constitution. The Preamble holds forth an assurance to secure to all citizens liberty of thought, expression, belief, faith and worship and equality of status and opportunity.
3. Equality : The third objective of the Indian Constitution laid down in the Preamble is equality. The Preamble ensures equality of all in the eyes of law. No person is to be deprived of his life and liberty unless he has violated a law in existence. Whatever may be the social status of person he is subject to law. The Constitution prohibits discrimination on the basis of caste, colour, creed, religion, sex, place of birth etc. The Constitution provides equality of opportunity to all.
4. Fraternity : The Preamble to the Constitution lays special stress upon the promotion of fellow-feeling among the people of India. Unless the people become a community of interests, their cohesion into one nation is not possible. No one should treat a fellow citizen as inferior.
5. Integrity : The inclusion of the term integrity expresses ‘our determination to put an end to all separatist tendencies.’
Q. 8. Examine the significance of the Preamble to the Indian Constitution.
Ans.— The Preamble is not a part of the Constitution. It does not have any legal force. Still it has special significance. The significance of the Preamble is as follows :
1. Source of Authority : The Preamble expresses in a very clear language that people are the ultimate source of all authority. It is the people who have adopted and enacted the Constitution; It is the people who have given ‘the Constitution to themselves.’ The words, we the people of India, are very significant.
2. Nature of Indian Polity : The Preamble emphasises the fact that India is a Sovereign, Socialist, Secular, Democratic, Republic.
3. Symbol of Objectives : The Preamble is the symbol of those objectives which the Constitution makers pledged to attain. The Preamble assures the people of India Justice-Social, Economic and Political.
4. Key to the Constitution : The Preamble is the soul and spirit of the Constitution. The Preamble is the mirror of the Constitution. It is a jewel set in the Constitution.
5. Guide to the Government : The Preamble to the Constitution provides guidelines to the government of the day.
6. Guidelines to the Judiciary : Whenever a Court of Justice has to explain some articles of the Constitution then it takes the help of the ideas expressed through the Preamble of the Constitution.
7. Yardstick to evaluate the performance of the Government : The Preamble enables the people to assess and evaluate the performance of the government in the light of the objectives laid down in the Preamble. It keeps the government on its toe.
Q. 9. What pledge did Jawaharlal Nehru in his Tryst with Destiny’ Speech want the members of the Indian Constitution to take ?
Ans.— Pt. Jawaharlal Nehru made the famous speech Tryst with Destiny to the constituent Assembly at the stroke of midnight on August 15, 1947. Pt. Jawaharlal Nehru wanted the makers of the Indian Constitution to take following pledge :
(i) When the world sleep, India will awake to life and freedom.
(ii) Members of Constituent Assembly should take a pledge of dedication to the service of India and her people and to the instill larger cause of humanity.
(iii) Before freedom we have endured all the pains of labour and our hearts are heavy with the memory of this sarrow. But the past is over and it is the future that backons to us new.
(iv) Pt. Jawaharlal Nehru asked the members of the Constituent Assembly to take pledge to serve the India. The service of India means the service of the millions who suffer.
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