CONSTITUTIONAL DESIGN - Q&A

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.
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.

Answer:
a. Correction: Leaders of the freedom movement had a consensus that the country should be a democratic republic after independence. (There was no doubt about democracy; the debate was on how to implement it).
b. Correction: Members of the Constituent Assembly of India held different views on various provisions of the Constitution, but they reached a consensus through debate and discussion.
c. Correction: A country that has a constitution may not necessarily be a democracy. (Even dictatorships and monarchies can have constitutions).
d. Correction: A Constitution can be amended to keep it up-to-date with changing times and aspirations of the society, although it is the supreme law.

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

Answer: c. Between the white majority and the black minority (Note: Technically, it was between the white minority and the black majority, but in the context of the options provided in some editions, the conflict is between these two racial groups).
Correction/Clarification: The actual conflict was between the white minority (who ruled) and the black majority (who were oppressed). If the option is strictly "white majority and black minority," it contains a factual error in population description, but it refers to the racial conflict between Whites and Blacks.

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

Answer: b. Name of the head of the state
Explanation: A constitution lays down the powers and roles of positions like the President or Prime Minister, but it does not write the specific name of the person holding that office, as people in these roles change over time.

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

Answer:
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

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?

Answer:
a. Nehru used this expression because the task of building a perfect nation was huge. While they had achieved independence (the "tryst"), the full realization of all their dreams and promises (like ending poverty and inequality) was still a work in progress and couldn't be achieved instantly or completely at that very moment.
b. He wanted them to take the pledge of dedicating themselves to the service of India and her people, and to the still larger cause of humanity.
c. He was referring to Mahatma Gandhi.

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.

Answer:
a. Sovereign -> ii. People have the supreme right to make decisions. (No external power dictates the government).
b. Republic -> iii. Head of the state is an elected person. (Not a hereditary monarch).
c. Fraternity -> iv. People should live like brothers and sisters. (Sense of brotherhood).
d. Secular -> i. Government will not favour any religion. (Equal treatment of all religions).

7. A friend of yours, from Nepal, has heard that India has one of the best constitutions. He wants to know what makes it so good. What would you tell him? (Write at least five points).

Answer:
1. Universal Adult Franchise: Every citizen above 18 years has the right to vote without discrimination.
2. Fundamental Rights: It guarantees basic rights like freedom of speech, equality, and protection against exploitation to all citizens.
3. Secularism: It ensures that the state has no official religion and treats all religions equally, ensuring peace and harmony.
4. Independent Judiciary: It establishes courts that are independent of the government, protecting citizens' rights and upholding the law.
5. Flexibility (Amendments): It is not rigid; it can be amended to adapt to changing times while maintaining its core structure.

8. Why was the making of the Indian Constitution a difficult task?

Answer: It was difficult because:
1. Huge Diversity: India was a land of many languages, religions, and cultures. Uniting them under one law was complex.
2. Partition Trauma: The country was born amidst the violence and trauma of partition between India and Pakistan.
3. Princely States: The British left the decision to the Princely States to join India, Pakistan, or remain independent. Integrating them was a challenge.
4. Uncertain Future: The makers were anxious about the country's security and whether the democratic experiment would succeed in such a poor and diverse nation.

9. Compare the preamble to the constitution of the United States of America, India and South Africa.
a. Make a list of ideas that are common to all these three.
b. Note down at least one of the major differences among these.
c. Which of the three makes a reference to the past?
d. Which of these does not invoke God?

Answer:
a. Common Ideas:
- All three start with "We the People" (Source of authority is the people).
- All aim for justice, liberty/freedom, and unity/union.
- All establish a democratic form of government.

b. Difference:
- The South African preamble explicitly mentions recognizing the injustices of the past (Apartheid), whereas the US and Indian preambles focus more on the future vision.
- The Indian preamble includes the specific term "Secular" and "Socialist" (added later), which are not explicitly in the US preamble opening.

c. Reference to the Past: The South African preamble makes a clear reference to the past ("We, the people of South Africa, Recognise the injustices of our past...").

d. Invoking God: The Indian and US preambles do not explicitly invoke "God" in the main text of the Preamble (though the US motto is different, the Preamble text is secular). The South African preamble ends with "May God protect our people". So, India and USA do not invoke God in the text.

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.

Answer:
a. Not True. The Constitution is the supreme law of the land. No other law can contradict it. Ordinary laws must follow the constitution.
b. True. It specifically defines the Legislature, Executive, and Judiciary, how they are elected/appointed, and their functions.
c. True. It acts as a contract that guarantees Fundamental Rights to citizens and sets boundaries (limits) so the government cannot become dictatorial.
d. Not True. A constitution is deeply based on values (like Liberty, Equality, Justice, Fraternity). Institutions are just the tools to implement these values.