Class 11 Political Science: The Philosophy of the Constitution — Chapter Question Set

(c) Religious instructions will not be given in any government school. — This is the textbook-supported choice for the question.

(d) Universal adult franchise. — This is the textbook-supported choice for the question.

(b) Taking decisions in the ii. Procedural achievement constituent assembly on the basis of reason, not self interest — This is the textbook-supported choice for the question.

b) 69 years — The textbook states: 220 Indian Constitution at Work Chapter Ten THE PHILOSOPHY OF THE CONSTITUTION INTRODUCTION In this book, so far we have studied some important provisions of our Constitution and the way in which these have worked in the last 69 years.

a) Constitution — The textbook states: We also studied the way in which the Constitution was made.

d) British — The textbook states: But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule?

c) generations to a constitution? — The textbook states: Why did they choose to bind themselves and the future generations to a constitution?

b) Constituent Assembly — The textbook states: In this book, you have repeatedly visited the debates in the Constituent Assembly.

a) Constituent Assembly — The textbook states: But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly?

d) important to ask what kind of a constitution — The textbook states: Secondly, it is important to ask what kind of a constitution we have given ourselves.

c) to achieve by it? — The textbook states: What objectives did we hope to achieve by it?

b) Constitution — The textbook states: What are the strengths and limitations of this vision and, by implication, the achievements and weaknesses of the Constitution?

a) Constitution — The textbook states: In doing so, we try to understand what can be called the philosophy of the Constitution.

d) Constitution — The textbook states: After reading this chapter, you should be able to understand: /rhombbutton2why it is important to study the philosophy of the Constitution; /rhombbutton2what are the core features of the Indian Constitution; /rhombbutton2what are the criticisms of this Constitution; and /rhombbutton2what are the limitations of the Constitution?

c) Chapter — The textbook states: 221 Chapter 10: The Philosophy of the Constitution WHAT IS MEANT BY PHILOSOPHY OF THE CONSTITUTION?

b) laws and that laws are one thing — The textbook states: Some people b elieve that a constitution merely consists of laws and that laws are one thing, values and morality, quite another .

a) Constitution — The textbook states: Ther efore, we can have only a legalistic, not a political philosophy approach to the Constitution.

d) true that all laws do not have a moral conten — The textbook states: It is true that all laws do not have a moral content, but many laws are closely connected to our deeply held values.

c) of language or religion — The textbook states: For example, a law might prohibit discrimination of persons on grounds of language or religion.

b) based on a certain moral vision — The textbook states: We must therefore, look upon the constitution as a document that is based on a certain moral vision.

a) approach to the constitution — The textbook states: We need to adopt a political philosophy approach to the constitution.

d) approach to the constitution? — The textbook states: What do we mean by a political philosophy approach to the constitution?

c) First — The textbook states: ± First, we need to understand the conceptual structure of the constitution.

b) the possible meanings of terms used in the co — The textbook states: It means that we must ask questions like what are the possible meanings of terms used in the constitution such as ‘rights’, ‘citizenship’, ‘minority’ or ‘democracy’?

a) Furthermore — The textbook states: ± Furthermore, we must attempt to work out a coherent vision of society and polity conditional upon an interpretation of the key concepts of the constitution.

d) embedded in the constitution — The textbook states: We must have a better grasp of the set of ideals embedded in the constitution.

c) Our — The textbook states: ± Our final point is that the Indian Constitution must be read in conjunction with the Constituent Assembly Debates in order to refine and raise to a higher theoretical plane, the justification of values embedded in the Constitution.

b) incomplete if a detailed justification for it — The textbook states: A philosophical treatment of a value is incomplete if a detailed justification for it is not provided.

a) Constitution Does — The textbook states: When the framers of the Constitution Does it mean that all constitutions have a philosophy?

d) Indian Constitution — The textbook states: 222 Indian Constitution at Work chose to guide Indian society and polity by a set of values, there must have been a corresponding set of reasons.

c) have been fully explained — The textbook states: Many of them, though, may not have been fully explained.

b) needed not only to find out the moral content — The textbook states: A political philosophy approach to the constitution is needed not only to find out the moral content expressed in it and to evaluate its claims but possibly to use it to arbitrate between varying interpretations of the many core values in our polity.

a) obvious that many of its ideals are challenge — The textbook states: It is obvious that many of its ideals are challenged, discussed, debated and contested in different political arenas, in the legislatures, in party forums, in the press, in schools and universities.

d) variously interpreted and sometimes wilfully — The textbook states: These ideals are variously interpreted and sometimes wilfully manipulated to suit partisan short term interests.

c) expression in other arenas — The textbook states: We must, therefore, examine whether or not a serious disjunction exists between the constitutional ideal and its expression in other arenas.

b) interpreted differently by different institut — The textbook states: Sometimes, the same ideal is interpreted differently by different institutions.

a) 1947 — The textbook states: Since the expression The Japanese Constitution of 1947 is popularly known as the ‘peace constitution’.

d) Japanese — The textbook states: The preamble states that “We, the Japanese people desire peace for all time and are deeply conscious of the high ideals controlling human relationship” .

c) Japanese — The textbook states: The philosophy of the Japanese constitution is thus based on the ideal of peace.

b) Japanese — The textbook states: Article 9 of the Japanese constitution states — 1) Aspiring sincerely to an international peace based on justice and or der, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

a) of the constitution makers — The textbook states: 2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained… This shows how the context of making the constitution dominates the thinking of the constitution makers.

d) Constitution — The textbook states: Yes, of course, I do remember this issue of different interpretations of the Constitution.

c) Chapter — The textbook states: 223 Chapter 10: The Philosophy of the Constitution of the ideal in the constitution has considerable authority it must be used to arbitrate in conflict of interpretation over values or ideals.

b) this job of arbitration — The textbook states: Our Constitution can perform this job of arbitration.

a) Means — The textbook states: Constitution as Means of Democratic Transformation In the first chapter we have studied the meaning of the term constitution and the need to have a constitution.

d) who abuse this power? — The textbook states: What if institutions of such states fall into wrong hands who abuse this power?

c) created for our safety and well-being — The textbook states: Even if these institutions were created for our safety and well-being, they can easily turn against us.

b) prone to harming the interests of at least so — The textbook states: Experience of state power the world over shows that most states are prone to harming the interests of at least some individuals and groups.

a) continuously checked — The textbook states: If so, we need to draw the rules of the game in such a way that this tendency of states is continuously checked.

d) states from turning tyrannical — The textbook states: Constitutions provide these basic rules and therefore, prevent states from turning tyrannical.

But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? Constitution as Means of Democratic Transformation In the first chapter we have studied the meaning of the term constitution and the need to have a constitution. Check your progress State which of the following rights are part of individual freedom: /rhombbutton2Freedom of expression /rhombbutton2Freedom of religion /rhombbutton2Cultural and educational rights of minorities /rhombbutton2Equal access to public places And while talking of social justice, let us not forget the directive principles.

± Our final point is that the Indian Constitution must be read in conjunction with the Constituent Assembly Debates in order to refine and raise to a higher theoretical plane, the justification of values embedded in the Constitution. However, in India, the world of the original framers and our present day world may not have changed so drastically. In short, to get a handle on current constitutional practice, to grasp their value and meaning, we may have no option but to go back in time to the Constituent Assembly debates and perhaps even further back in time to the colonial era.

Check your progress State which of the following rights are part of individual freedom: /rhombbutton2Freedom of expression /rhombbutton2Freedom of religion /rhombbutton2Cultural and educational rights of minorities /rhombbutton2Equal access to public places And while talking of social justice, let us not forget the directive principles. 229 Chapter 10: The Philosophy of the Constitution Secularism Secular states are widely seen as treating religion as only a private matter. The mainstream, western conception, of secularism means mutual exclusion of state and religion in order to protect values such as individual freedom and citizenship rights of individuals.

But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? A political philosophy approach to the constitution is needed not only to find out the moral content expressed in it and to evaluate its claims but possibly to use it to arbitrate between varying interpretations of the many core values in our polity. Social Justice When we say that the Indian Constitution is liberal, we do not mean that it is liberal only in the classical western sense.

Rather, it is a ‘nation on the move, throwing away the shell of its past political and possibly social structure, and fashioning for itself a new garment of its own making.’ The Indian Constitution was designed to break the shackles of traditional social hierarchies and to usher in a new era of freedom, equality and justice. CRITICISMS The Indian Constitution can be subjected to many criticisms of which three may be briefly mentioned: first, that it is unwieldy; second, that it is unrepresentative and third, that it is alien to our conditions. Does this make our Constitution unrepresentative?

After reading this chapter, you should be able to understand: /rhombbutton2why it is important to study the philosophy of the Constitution; /rhombbutton2what are the core features of the Indian Constitution; /rhombbutton2what are the criticisms of this Constitution; and /rhombbutton2what are the limitations of the Constitution? Social Justice When we say that the Indian Constitution is liberal, we do not mean that it is liberal only in the classical western sense. Limitations All this is not to say that the Constitution of India is a perfect and flawless document.

Do you think that the arguments in those quotations have relevance for our present times? Check your progress State which of the following rights are part of individual freedom: /rhombbutton2Freedom of expression /rhombbutton2Freedom of religion /rhombbutton2Cultural and educational rights of minorities /rhombbutton2Equal access to public places And while talking of social justice, let us not forget the directive principles. ± Third, 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.

Rather, it is a ‘nation on the move, throwing away the shell of its past political and possibly social structure, and fashioning for itself a new garment of its own making.’ The Indian Constitution was designed to break the shackles of traditional social hierarchies and to usher in a new era of freedom, equality and justice. 26 January 1950 226 Indian Constitution at Work In short, it is committed to freedom, equality, social justice, and some form of national unity. It might be recalled that for over forty years before the adoption of the Constitution, every single resolution, scheme, bill and report of the Indian National Congress mentioned individual rights, not just in passing but as a nonnegotiable value.

220 Indian Constitution at Work Chapter Ten THE PHILOSOPHY OF THE CONSTITUTION INTRODUCTION In this book, so far we have studied some important provisions of our Constitution and the way in which these have worked in the last 69 years.

We also studied the way in which the Constitution was made.

But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule?

Why did they choose to bind themselves and the future generations to a constitution?

In this book, you have repeatedly visited the debates in the Constituent Assembly.

But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly?

This question will be addressed in this chapter.

Secondly, it is important to ask what kind of a constitution we have given ourselves.

What objectives did we hope to achieve by it?

What are the strengths and limitations of this vision and, by implication, the achievements and weaknesses of the Constitution?

In doing so, we try to understand what can be called the philosophy of the Constitution.

After reading this chapter, you should be able to understand: /rhombbutton2why it is important to study the philosophy of the Constitution; /rhombbutton2what are the core features of the Indian Constitution; /rhombbutton2what are the criticisms of this Constitution; and /rhombbutton2what are the limitations of the Constitution?

221 Chapter 10: The Philosophy of the Constitution WHAT IS MEANT BY PHILOSOPHY OF THE CONSTITUTION?

Some people b elieve that a constitution merely consists of laws and that laws are one thing, values and morality, quite another .

Ther efore, we can have only a legalistic, not a political philosophy approach to the Constitution.

It is true that all laws do not have a moral content, but many laws are closely connected to our deeply held values.

For example, a law might prohibit discrimination of persons on grounds of language or religion.

220 Indian Constitution at Work Chapter Ten THE PHILOSOPHY OF THE CONSTITUTION INTRODUCTION In this book, so far we have studied some important provisions of our Constitution and the way in which these have worked in the last 69 years. 220 Indian Constitution at Work Chapter Ten THE PHILOSOPHY OF THE CONSTITUTION INTRODUCTION In this book, so far we have studied some important provisions of our Constitution and the way in which these have worked in the last 69 years. We also studied the way in which the Constitution was made. But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule?

We also studied the way in which the Constitution was made. 220 Indian Constitution at Work Chapter Ten THE PHILOSOPHY OF THE CONSTITUTION INTRODUCTION In this book, so far we have studied some important provisions of our Constitution and the way in which these have worked in the last 69 years. We also studied the way in which the Constitution was made. But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? Why did they choose to bind themselves and the future generations to a constitution?

But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? We also studied the way in which the Constitution was made. But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? Why did they choose to bind themselves and the future generations to a constitution? In this book, you have repeatedly visited the debates in the Constituent Assembly.

Why did they choose to bind themselves and the future generations to a constitution? But have you ever asked yourself why leaders of the national movement felt the need to adopt a constitution after achieving independence from British rule? Why did they choose to bind themselves and the future generations to a constitution? In this book, you have repeatedly visited the debates in the Constituent Assembly. But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly?

In this book, you have repeatedly visited the debates in the Constituent Assembly. Why did they choose to bind themselves and the future generations to a constitution? In this book, you have repeatedly visited the debates in the Constituent Assembly. But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly? This question will be addressed in this chapter.

But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly? In this book, you have repeatedly visited the debates in the Constituent Assembly. But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly? This question will be addressed in this chapter. Secondly, it is important to ask what kind of a constitution we have given ourselves.

This question will be addressed in this chapter. But it should be asked why the study of the constitution must be accompanied by a deep examination of the debates in the Constituent Assembly? This question will be addressed in this chapter. Secondly, it is important to ask what kind of a constitution we have given ourselves. What objectives did we hope to achieve by it?