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Assigment-1 (Indian Constitution)

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10 views24 pages

Assigment-1 (Indian Constitution)

Uploaded by

biradarrachita30
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ASSIGNMENT-1

1 . Elaborate making of Indian constitution

The Constituent Assembly of India was elected in 1946. Its task


was to draft a constitution for the newly independent country.
The Constitution of India was adopted on November 26, 1949,
and it came into effect on January 26, 1950.
2 . Identify the situations if there is no constitution.

Without a constitution, a nation or society is likely to suffer


major obstacles and uncertainties in terms of government,
legislation, and individual rights protection. Constitutions are
essential for offering an outline for the structure and operation
of a country or other political body. They are significant for a
number of reasons:

1. Legal Framework: The constitutions serve as the ultimate law of the


nation, laying the groundwork for the construction of government
institutions, as well as their powers and limits. There are no clear instructions
on how the authorities ought to function in the absence of a constitution,
which might lead to anarchy, insecurity, and possible misuse of power.
2. Rights Protection: Constitutions frequently include an Act of Rights that
stipulates basic fundamental rights and liberties, protecting people and
minority groups against possible violations by the ruling class or the state.
without a legal framework, these safeguards may be lacking or insufficient,
leaving citizens susceptible to repression and prejudice.
3. Separation of Power: Constitutions usually specify the division of powers
among the three parts of the government (executive, legislative, & judicial).
This split prevents power concentration in one branch and maintains a
system of balance and oversight. Without the a constitution, there may be
no clear separation of powers, which might lead to tensions and power
struggles.
4. Rule of Laws: A written document that creates the rule the law principle,
which implies that all persons, including officials from the government,
belong to and must follow the law. There may be no uniform legal structure
in the absence of a constitution, and judgments may be subjective or based
upon the whims of people in authority.
5. Stability and certainty: By establishing basic values that are difficult to
modify, constitutions provide a nation with stability and predictability. This
avoids abrupt and severe changes in administration and policy from causing
societal discontent and instability.
6. International Relations: The constitutions also help to define a country's
identity and ideals, which influences how it interacts with other
countries.Without a constitution, an absence of a defined framework may
make participation in international affairs and abiding to international law
difficult.
3. Discuss the Salient features of
the Indian Constitution.
4. Federal System with Unitary
Bias
•The Constitution of India establishes a federal system of government.
•It contains all the usual features of a federation, viz., two government,
division of powers, written Constitution, supermacy of Constitution,
rigidity of Constitution, independent judiciary and bicameralism.
•The Indian Constitution also contains a large number of unitary or non-
federal features, viz., a strong Centre, single Constitution, single
citizenship, flexibility of Constitution, integrated judiciary, appointment of
state governor by the Centre, all-India services, emergency provisions,
and so on.
•No state has the right to secede from the federation.
•Also called ‘quasi-federal’
5. Parliamentary Form of Government

•The Constitution of India has opted for the British parliamentary System of Government rather than American
Presidential System of Government.
•The parliamentary system is based on the principle of cooperation and coordination between the legislative and
executive organs
•The presidential system is based on the doctrine of separation of powers between the two organs.
•The parliamentary system is also known as the ‘responsible government.
•The Constitution establishes the parliamentary system not only at the Centre but also in the states.
•The features of parliamentary government in India are:
•Presence of nominal and real executives;
•Majority party rule,
•Collective responsibility of the executive to the legislature,
•Membership of the ministers in the legislature,
•Leadership of the prime minister or the chief minister,
•Dissolution of the lower House (Lok Sabha or Assembly).
•Indian Parliamentary System is largely based on the British pattern, there are some fundamental differences
between the two.
•the Indian Parliament is not a sovereign body like the British Parliament.
•the Indian State has an elected head (republic) while the British State has hereditary head (monarchy).
4. Explain the significance of the Preamble to understand the
constitution.

The Preamble to the Constitution is significant in many ways.


1. The Preamble declares that the source of the Constitution is
the People of India.
2. It indicates the secular socialist and democratic basis of the
Constitution.
3. It states the basic or ideals of the Indian Republic. It leads the
law and makes it go in the right direction while providing ‘Social
Justice’ and protecting the interests of the weaker sections of the
society.
4. It includes basic features of the constitution viz. Supremacy of
the Constitution India has the Republican and Democratic form of
government the Constitution is that of a secular character.
Segregation of Powers between the Executive Legislature and
Judiciary the Constitution is also of Federal character under
certain circumstances.
5. Elaborate freedoms fall under Art.19.

1. Freedom of speech and expression: The State guarantees freedom of speech and expression to
every person. However, the State can impose restrictions on the freedom of speech and expression in
the interests of the integrity, security and sovereignty of the country, friendly relations with foreign
nations, for public order, with respect to defamation, incitement to offence or contempt of court.

2. Freedom to assemble: The State guarantees every person the freedom to assemble peacefully
without arms. However, as above, reasonable restrictions can be imposed in the interests of the
sovereignty and integrity of the country and public order.

3. Freedom to form associations/unions/cooperative societies: Again, the State can impose


restrictions in the interests of the integrity, security and sovereignty of the country, friendly relations
with foreign nations, for public order, with respect to defamation, incitement to offence or contempt
of court. This freedom gives workers the right to form trade union, which is thus a fundamental
right.
1. The Police Forces (Restriction of Rights) Act, 1966 prohibits police personnel from forming
trade unions.
2. The Constitution also allows the Parliament to pass a law restricting the right to form political
association to members of the armed forces, intelligence bureaus, persons employed with
telecommunication system.

4. Freedom to move freely: A citizen of India can move freely throughout the territory of India. But
this right can also be restricted on the grounds of security, public order or for protecting the interests
of the Scheduled Tribes.

5. Freedom of residence: Citizens of India have the right to reside in any part of the country. Although
restrictions can be imposed on the grounds of security, public order or for protecting the interests of
the Scheduled Tribes.

6. Freedom of profession: All citizens have the right to carry on any trade or profession/occupation,
provided the trade or occupation is not illegal or immoral. Also, the law does not prevent the State
from making laws related to technical or professional qualifications required for practicing the
occupation or trade.
6. List out the fundamental duties and justify insertion of fundamental duty chapter into the constitution.
The fundamental duties of Indian citizens are listed in Article 51A of the Constitution of India. Some of these duties include:
•Defend the country
Citizens should be ready to defend the country and render national service when called upon.
•Promote harmony
Citizens should promote harmony and brotherhood among people of different regions, languages, customs, and beliefs.
•Protect public property
Citizens should safeguard public property.
•Develop scientific temper
Citizens should promote scientific temper, humanism, and the spirit of inquiry and reform.
•Abide by the Constitution
Citizens should abide by the Constitution and respect its ideals and institutions.
•Preserve national heritage
Citizens should value and preserve the rich heritage of the country's composite culture.
•Protect the environment
Citizens should protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
•Provide education
Parents and guardians should provide opportunities for education to their children or wards between the
ages of six and fourteen years.

The purpose of the fundamental duties is to ensure that every citizen realizes that the national interest should come
before every action and goal. The duties also help to identify anti-national elements and take action against them.
7 . Do you want to change Preamble? Explain.

Yes, the Preamble of the Indian Constitution can be amended:


•The Preamble is amendable
The Preamble is a part of the Constitution and can be amended by
Parliament.
•The Preamble has been amended once
The Preamble was amended in 1976 by the 42nd Constitutional
Amendment Act. This amendment added the words "socialist",
"secular", and "integrity" to the Preamble.
•The Preamble can be amended again
The Constitution (Amendment) Bill, 2021 proposed replacing the
phrase "equality of status and opportunity" with "equality of status
and opportunity to be born, nourished, trained, find work, and be
treated with dignity".
•
The Preamble is an introductory statement that sets out the
Constitution's guiding principles and purpose. It highlights the
importance of liberty, equality, and fraternity for a harmonious
society.

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