Chap – 9 Constitution as a Living Document & Chap-10 The

Philosophy of Constitution

Q1. Why Indian Constitution is called a blend of rigidity and flexibility?

Ans. The Constitution of India is called a blend of rigidity and flexibility,
because it is neither flexible nor rigid like the British Constitution nor rigid like
the American. Some of the Articles of the Constitution can be amended by a
simple majority of the Parliament and some of the Articles can be amended by
at least 2/3rd majority of the members of Parliament with ratification by the
legislatures of at least one half of the states.
Q2. What do you mean by the philosophy of the Constitution?
Ans. The Constitution is not merely an aggregation of rules, regulations, and
laws. The constitution is not only a legal document but also has a moral and
philosophic base and contents. Most of the laws relate to the customs and
values of society. Every Constitution is value ridden which provides the
philosophical base to the Constitution.
Philosophy provides the moral vision of the Constitution. An attempt is made
to work out a coherent vision of society and polity conditional upon an
interpretation of the key concepts of the Constitution. Philosophy of the
Constitution includes the set of ideas embedded in the Constitution.
Political philosophy is needed not only to find out the moral content
expressed in it and to evaluate its claims but possibly to use it to calibrate
between varying interpretations of the many core values of our polity.
Q3. How the Indian Constitution seeks to achieve unity in diversity?
Ans. It is said about India that India is not a country, it is a continent because
there are numerous languages and dialects, regions, and religions. It has a
multi-cultural society. People have different dress patterns, different food
habits, different traditions, and different festivals but in spite of this diversity
in socio, economic set up there is the threat of unity.
This unity is achieved by the spirit of nationalism which is all-pervasive. Indian
Constitution is made on such values that spread equality, brotherhood and
promote a sense of equality which strengthens nationalism. Therefore, there is
unity in diversity.
Q4. Explain the reason for requiring special majority for amending the
Constitution.
Ans.
• Special majority is required to make a distinction between an ordinary
law and constitutional law.
• Special majority is needed so that the constitution does not become
plaything in the hands of political parties. No political party can get it
easily changed. The majority party cannot use the constitution for
furthering its own interests.
• A rigid constitution is needed for a federation. India has adopted a
federal form of government. Hence special majority is required for
amending the constitution.
Q5. Why is it said that the making of the Indian Constitution was
unrepresentative? Does that make the Constitution unrepresentative? Give
reasons for your answer.
Ans.
• The constitution of India was framed in November 1946 through indirect
election of its member by provisional legislature under the provisions of
Cabinet Mission Plan 1946.
• The Assembly consisted of 389 members out of which 292 were to be
elected from the provinces, 93 were to be nominated from Chief
Commissioner’s area.
• Each provincial Assembly elected its own members through single
transferable vote system.
• Due to partition in June 1947 under Mountbatten Plan, this membership
reduced to 299 and finally 284 members signed on the constitution on
26 November 1949.
• On August 15, 1947 the Constituent Assembly functioned as a sovereign
entity but it is considered unrepresentative because its members were
chosen by restricted franchise in place of universal suffrage.
• But Constituent Assembly included the member from each and every
section of society to be represented and on a thorough reading, we may
find that no section is untouched on the various issues and opinions.
Q6. One of the limitations of the Constitution of India is that it does not
adequately attend to gender justice. What evidence can you give to
substantiate this charge? If you were writing the Constitution today, what
provisions would you recommend for remedying this limitation?
Ans. Most important issue is gender justice, particular within the family.
Women enjoy unequal rights on property, inheritance and children.
Equal pay for equal work (Article 39) for both men and women has been
inserted in the directive principles in place of Fundamental rights.
Following are the recommendation:
• Empowerment of women.
• Provisions for inheritance of property in favour of women on equal
basis.
• Provision for reservations of seats.
Q7. Do you agree with the statement that “it is not clear why in a poor
developing country, certain basic socio-economic rights were relegated to
the section on Directive Principles rather than made an integral feature of
our Fundamental Rights”? Give reasons for your answer. What do you think
are the possible reasons for putting socio-economic rights in the section on
Directive Principles?
Ans. The directive principles of state policy focus on the need of an egalitarian
society:
• Complementary to fundamental rights because fundamental rights
ensure the political democracy while these principles aim at socio-
economic democracy.
• Fundamental rights are justiciable or protected by law where directive
principles are moral values supposed to be followed by the government.
• So, in a poor country, certain basic socio-economic rights were inserted
in directive principles rather than making it in the fundamental rights.
• Our country was so poor at that time, when it was not possible to give
much pressure on the states for economic moral values.
• Under Article 37 of the constitution, it shall be the duty of the state to
apply these principles in making laws.
• If any government overlooks these, it will lose confidence of people and
cannot remain in power.