Constitutional Design

Textbook Exercises

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?

• Leaders of the freedom movement had an open mind about whether the country should be democratic or not after independence
• Members of the Constituent Assembly of India held the same views on all provisions of the Constitution
• A country that has a Constitution must be a democracy
• Constitution cannot be amended because it is the supreme law of a country

• The leaders of the freedom movement had an open mind about the proposition that the country should be democratic after independence
• No, the members of the Constituent Assembly of India did not hold the same view on all provisions of the Constitution
• The democratic countries have their respective constitutions, A country which has a Constitution is usually the one which is democratic
• Constitution can be, amended according to the changing times

2.Which of these was the most salient underlying conflict in the making of a democratic constitution in South Africa?

• Between South Africa and its neighbours
• Between men and women
• Between the white majority and the black minority
• Between the coloured minority and the black majority

• However, when the Constitution was formulated, it was based on the principles of equality of all races and on justice

3.Which of these, is a provision that a democratic constitution does not have?

• Powers of the head of the state
• Name of the head of the state
• Powers of the legislature
• Name of the country

ans:Name of the head of the state is not a provision which a democratic constitution has

4.Match the following leaders with their roles in the making of the Constitution?

5.Read again the extracts from Nehru speech Tryst with Westiny and answer the following?

• Why did Nehru use the expression "not wholly or in full measure" in the first sentence
• What pledge did he want the makers of the Indian Constitution to take
• The ambition of the greatest man of our generation has been to wipe every tear from every eye." Who was he referring to

• The promise has to be redeemed neither in part, nor in full, but in substance. This means that the promise to be redeemed is in its essence
• The pledge that Nehru wanted that the members of the Indian Constituent Assembly was to serve the people, the country and the whole of humankind
• He was referring to the people of India who had been suffering or have suffered

6.Here are some of the guiding values of the Constitution and their meaning. Rewrite them by matching them correctly?

• Sovereign : Government will not favour any religion
• Republic : People have the supreme right to make decisions
• fraternity : Head of the state is an elected person
• Secular : People should live like brothers and sisters

• Sovereign : People have the supreme right to make decisions
• Republic : Head of the state is an elected person
• Fraternity : People should live like, brothers and sisters
• Secular : Government will not favour any religion

7.A friend from Nepal has written you a letter describing the political situation there. Many political parties are opposing the rule of the king. Some of them say that the existing constitution given by the monarch can be amended to allow more powers to elected representatives. Others are demanding a new Constitution Assembly to write a republican constitution. Reply to your friend giving your opinions on the subject?

ans:In our opinion, the new constitution should be formulated for the country. The new constitution should be republic where the head of the state has to be elected by the people directly or indirectly. Such a provision makes it Constitution democratic. If the people of Nepal are traditionally bound, to have a monarch, let the monarch shed his real powers and offer himself to be a tilalar head as is the case in Britain or in Japan

8.Here are different opinions about what made India a democracy. How much importance would you give to each of these factors?

• Democracy in India is a gift of the British rulers. We received training to work with representative legislative institutions under the British rule
• Freedom Struggle challenged the colonial exploitation and denial of different freedoms to Indians. Free India could be anything but democratic
• 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:Indeed, India did receive training in democracy from the British, but what they disliked was the rule of the British which had exploited us for their own imperialistic designs. It is also true that when our leaders were fighting the liberation struggle, they were convinced that the free India has to be a democratic one. In fact, the whole slave world was seeking not only independence but also democracy. How could the Indians be an exception

9.Read the following extract form 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 self-defence. 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:No, not at all. Our Constitution does not subscribe, to the values expressed here in this para. In fact, our Constitution upholds the value of gender equality: men and women are equal in every respect. Rather the Constitution gives preferential treatment to the weak, women including

10.Read the following statements about a constitution. Give reasons why each of these is true or not true?

• The authority of the rules of the constitution is the same as that of any other law
• Constitution lays down-how different organs of the government will be formed
• Rights of citizens and limits on the power of the government are laid down in the constitution
• A constitution is about institutions, not about values
ans: