Polity Class 03
A brief overview of the previous class
Constitutionalism
- Why do we need constitutionalism?
- The state had come into existence to prevent entropy. Citizens had come together voluntarily and created the state. There is also an upward delegation of power from citizens to the state. The state has been given the responsibility of protecting and promoting the rights of citizens and also maximizing their welfare.
- For example- The legislature is given the power to make legislation, the executive to implement them and the judiciary to review them for their constitutional validity
- According to Thomas Hobbes, a famous British political Philosopher, over some time the state has become a "Leviathan" i.e. those who are part of the state instead of working for the welfare of citizens started working against their interests. They started acquiring more power unto themselves. The relationship between the state and the citizens is a two-person zero-sum game i.e the state can acquire more powers only at the cost of the freedoms and rights of citizens.
- Power corrupts and absolute power corrupts absolutely. If absolute power is given to a state it can result in the dictatorship of the state. The concept of constitutionalism has come into existence to prevent such as scenario.
- Constitutionalism can be defined from various dimensions
Dimensions of constitutionalism
- In simple terms, constitutionalism means strict implementation of rule of law in both letter and spirit i.e. rule of law should be there in reality also. The law must protect honest and responsible citizens and strong punishment for those who violate the law
- Another dimension of constitutionalism is Fundamental Rights. Our constitutional forefathers defined the entire essence of our constitution in terms of the Fundamental rights of the citizens. Constitutionalism can be defined in terms of the ability of the state to protect and promote the Fundamental Rights of the citizens
- Constitutionalism can be defined in terms of Limited government i.e. none of the organs of the state should have absolute powers. In our constitutional democracy, the three organs of the state i.e. legislature, executive, and Judiciary are supreme in their domain but are not sovereign. It is the constitution that can be considered a sovereign document. These three organs of the state derive their power from the constitution and they have only limited power
- Constitutionalism can also be defined as having inherent checks and balances within the system so that none of the organs of the state can become dictatorial in their functioning. For example- Judiciary has the power to declare any law null and void if it violates the Fundamental rights of the citizens (Article 13). Legislature has the power to ensure continuous accountability of executives (Passing of Budget, confidence, and No-confidence motions). Similarly, parliament has the power to define the boundaries of judicial functioning through various legislations. It ensures proper checks and balances within the system
- Finally, constitutionalism can be defined as the sovereignty of citizens. All three organs of the state derive their power from the constitution which is framed by citizens of the country. In a constitutional democracy, Citizens are sovereign as they have the ability to remove governments through elections.
Important features of constitutionalism
- Written constitution
- Separation of powers between three organs of the state
- Independent Judiciary
- Judicial review
- Federal form of democracy.
- Civilian control over Army
- Rule of Law
- Civilian control over Law enforcement agencies
- In our parliamentary democracy, all these features are present but it must be remembered they should be present in both letter and spirit. It is said that in India they are primarily present in letters but not fully in spirit due to many weaknesses in the functioning of our institutions.
- For example- More than 48 million cases are pending at different levels in our judicial systems.
- 43.5% of MPs in Lok Sabha have criminal records
- Reforms should be implemented in the functioning of various institutions to ensure constitutionalism in both letter and spirit
Parliamentary democracy
- In a parliamentary democracy, the executive comes from the legislature and is accountable to the legislature
- India has opted for parliamentary democracy over the presidential form of government because it ensures continuous accountability of the council of ministers headed by the Prime minister to the legislature
Federal form of democracy
- Our constitutional forefathers have realized the fact that such a large and diverse country as India can not be governed from a single place. They have opted for a federal polity with the division of powers between the Union and state governments
- In 1992, Federalism was further expanded to include the third tier in the form of local self-governments
Independent Judiciary
- Our constitutional forefathers have made sure that the judiciary would remain independent of the legislature and executive. It is given the most important function of Judicial review to ensure constitutionalism
- Any law which restricts the scope of fundamental rights can be declared null and void by our judiciary
Fundamental Rights
- The essence of our entire constitution lies in FRs. They are necessary for the effective functioning of democracy.
- They protect citizens from the dictation of the executive but none of the FRs is absolute
- The state can impose reasonable restrictions
Fundamental duties
- These are not part of the original constitution.
- They have been added by the 42nd Constitutional amendment act. They define the duties of citizens like respecting the constitutions, national flag, and national Anthem, protecting the sovereignty of the country, and so on.
Secularism
- Our constitutional forefathers had realized the fact that unity and integrity of a country are possible only when the country is truly secular i.e. the state does not differentiate between the people based on their religion. It recognizes all religions and treats them equally
Directive Principles of State Policy
- These DPSPs provide guidelines to the executive while formulating public policies
- They are not legally enforceable.
- Violation of DPSPs can not be questioned in a court of Law because they are only directives
Nature of constitution
- It is both Rigid and flexible
- It is rigid because some provisions of the constitution require a special majority to make any changes to them whereas the rest of them require a simple majority on the floor of the house
Single citizenship
- Our constitutional forefathers realized that it is possible to ensure the unity and integrity of the nation only with single citizenship
- Having multiple identities can create problems in ensuring the unity and integrity of our nation
Emergency provisions
- Emergency provisions have been included to face extraordinary situations whenever the country's sovereignty is threatened by external forces or law & order problems are created internally these emergency provisions can be used to restore normalcy
Criticisms against our Constitution
- The critics claimed that the Constituent Assembly was not a sovereign body
- Many critics believe that the Indian Constitution contains nothing new and original. Critics described it as a ‘borrowed Constitution’
- The Indian Constitution, critics claim, is un-Gandhian because it lacks the ideology and principles of Mahatma Gandhi, the father of the Indian nation.
- The critics felt that the Indian Constitution was too legalistic and very complicated. Sir Ivor Jennings, a British Constitutionalist, called it a “lawyer’s paradise”.
- Critics commented that the Indian constitution was dominated by the Congress only
The Topic for the next class:- Dictation of the criticism of the Indian constitution and preamble
Here are 40 multiple-choice questions based on the provided class notes:
1. Why do we need constitutionalism?
A) To prevent entropy
B) To protect and promote citizens' rights
C) To maximize citizens' welfare
D) All of the above
Answer: D) All of the above
2. What is the concept of constitutionalism aimed at preventing?
A) Acquiring absolute power by the state
B) Dictatorship of the state
C) Violation of citizens' freedoms and rights
D) All of the above
Answer: D) All of the above
3. Which dimension of constitutionalism emphasizes the implementation of rule of law?
A) Fundamental Rights
B) Limited government
C) Inherent checks and balances
D) Rule of Law
Answer: D) Rule of Law
4. Constitutionalism ensures limited powers for which organs of the state?
A) Legislature
B) Executive
C) Judiciary
D) All of the above
Answer: D) All of the above
5. What defines the sovereignty in a constitutional democracy?
A) Citizens
B) Legislature
C) Executive
D) Judiciary
Answer: A) Citizens
6. Which feature is not an important aspect of constitutionalism?
A) Written constitution
B) Separation of powers
C) Independent media
D) Civilian control over law enforcement agencies
Answer: C) Independent media
7. In India, are the features of constitutionalism primarily present in letters or in spirit?
A) In letters
B) In spirit
C) Both in letters and in spirit
D) None of the above
Answer: A) In letters
8. Why did India choose a parliamentary democracy over a presidential form of government?
A) Ensures continuous accountability of the council of ministers to the legislature
B) Provides more executive powers to the Prime Minister
C) Facilitates stronger separation of powers
D) All of the above
Answer: A) Ensures continuous accountability of the council of ministers to the legislature
9. What was the reason behind adopting a federal form of democracy in India?
A) To govern a large and diverse country effectively
B) To ensure the supremacy of the Union government
C) To establish a centralized system of governance
D) None of the above
Answer: A) To govern a large and diverse country effectively
10. What is the function of an independent judiciary in a constitutional democracy?
A) Judicial review
B) Enforcing fundamental rights
C) Declaring laws null and void if they violate fundamental rights
D) All of the above
Answer: D) All of the above
11. What is the essence of the Indian Constitution?
A) Fundamental Rights
B) Directive Principles of State Policy
C) Fundamental Duties
D) Separation of powers
Answer: A) Fundamental Rights
12. Are Fundamental Rights absolute in nature?
A) Yes, they cannot be restricted under any circumstances
B) No, they can be restricted under certain reasonable conditions
C) Yes, but only during a state of emergency
D) No, they can be restricted at the discretion of the executive
Answer: B) No, they can be restricted under certain reasonable conditions
13. Which amendment added the Fundamental Duties to the Indian Constitution?
A) 42nd Constitutional amendment
B) 44th Constitutional amendment
C) 45th Constitutional amendment
D
) 48th Constitutional amendment
Answer: A) 42nd Constitutional amendment
14. What is the principle of secularism in the Indian Constitution?
A) Differentiation based on religion
B) Recognizing and treating all religions equally
C) Encouraging a dominant religion
D) None of the above
Answer: B) Recognizing and treating all religions equally
15. Are Directive Principles of State Policy legally enforceable?
A) Yes, they are enforceable in a court of law
B) No, they are only directives and not legally enforceable
C) Yes, but only in matters of social justice
D) No, they are enforceable only during emergencies
Answer: B) No, they are only directives and not legally enforceable
16. Is the Indian Constitution a rigid or flexible constitution?
A) Rigid
B) Flexible
C) Both rigid and flexible
D) None of the above
Answer: C) Both rigid and flexible
17. Why did the Indian Constitution opt for single citizenship?
A) To ensure unity and integrity of the nation
B) To accommodate multiple identities
C) To prevent conflicts between different citizenship laws
D) None of the above
Answer: A) To ensure unity and integrity of the nation
18. When are emergency provisions used in India?
A) During external threats to sovereignty
B) During law and order problems
C) During economic crises
D) All of the above
Answer: D) All of the above
19. What are the criticisms against the Indian Constitution?
A) Constituent Assembly not sovereign
B) Lack of originality
C) Un-Gandhian principles
D) All of the above
Answer: D) All of the above
20. Who added Fundamental Duties to the Indian Constitution?
A) Mahatma Gandhi
B) Constituent Assembly
C) British Constitutionalist
D) 42nd Constitutional amendment
Answer: D) 42nd Constitutional amendment
21. Who described the Indian Constitution as a "lawyer's paradise"?
A) Mahatma Gandhi
B) Sir Ivor Jennings
C) Thomas Hobbes
D) British Constitutionalist
Answer: B) Sir Ivor Jennings
22. Which feature is not a criticism against the Indian Constitution?
A) Lack of sovereignty in the Constituent Assembly
B) Lack of originality
C) Dominance of a single political party
D) Complexity and legalistic nature
Answer: C) Dominance of a single political party
23. What is the topic for the next class?
A) Criticism of the Indian constitution
B) Preamble of the Indian constitution
C) Judicial review in the Indian constitution
D) Evolution of constitutionalism
Answer: B) Preamble of the Indian constitution
24. How many million cases are pending at different levels in the Indian judicial system?
A) 48 million
B) 32 million
C) 60 million
D) 43 million
Answer: A) 48 million
25. What percentage of Members of Parliament in Lok Sabha have criminal records?
A) 43.5%
B) 28.2%
C) 55.6%
D) 37.9%
Answer: A) 43.5%
26. Which organ of the state is responsible for making legislation?
A) Legislature
B) Executive
C) Judiciary
D) Citizens
Answer: A) Legislature
27. Which dimension of constitutionalism emphasizes the protection and promotion of fundamental rights?
A) Fundamental Rights
B) Limited government
C) Inherent checks and balances
D) Rule of Law
Answer: A) Fundamental Rights
28. Which organ of the state has the power to review the constitutional validity of legislation?
A) Legislature
B) Executive
C) Judiciary
D) Citizens
Answer: C) Judiciary
29. Which form of government ensures continuous accountability of the council of ministers to the legislature?
A) Parliamentary democracy
B) Presidential form of government
C) Unitary system
D) Federal form of government
Answer: A) Parliamentary democracy
30. What is the main reason behind adopting a federal form of democracy in India?
A) Ensuring the supremacy of the Union government
B) Strengthening the powers of the President
C) Governing a large and diverse country effectively
D) Promoting regional autonomy
Answer: C) Governing a large and diverse country effectively
31. Which organ of the state is responsible for implementing legislation?
A) Legislature
B) Executive
C) Judiciary
D) Citizens
Answer: B) Executive
32. Which organ of the state can declare a law null and void if it violates fundamental rights?
A) Legislature
B) Executive
C) Judiciary
D) Citizens
Answer: C) Judiciary
33. Which feature is not an important aspect of constitutionalism?
A) Civilian control over law enforcement agencies
B) Written constitution
C) Separation of powers
D) Dominance of a single political party
Answer: D) Dominance of a single political party
34. In India, are the features of constitutionalism primarily present in letters or in spirit?
A) In letters
B) In spirit
C) Both in letters and in spirit
D) None of the above
Answer: A) In letters
35. What is the role of citizens in a constitutional democracy?
A) Citizens have no role in the functioning of the state
B) Citizens have the ability to remove governments through elections
C) Citizens have absolute power over the state
D) Citizens have limited power in the legislative process
Answer: B) Citizens have the ability to remove governments through elections
36. What are the two dimensions of constitutionalism mentioned in the class notes?
A) Rule of Law and Fundamental Rights
B) Limited government and Judicial review
C) Separation of powers and Written constitution
D) Parliamentary democracy and Federal form of democracy
Answer: A) Rule of Law and Fundamental Rights
37. What is the primary responsibility of the state according to the class notes?
A) Maximizing the welfare of citizens
B) Protecting and promoting the rights of citizens
C) Acquiring more power for the state
D) Establishing a dictatorship
Answer: B) Protecting and promoting the rights of citizens
38. According to Thomas Hobbes, what can happen if absolute power is given to the state?
A) The state will maximize the welfare of citizens
B) The state will establish a dictatorship
C) The state will protect and promote fundamental rights
D) The state will ensure separation of powers
Answer: B) The state will establish a dictatorship
39. What is the relationship between the state and citizens, according to the class notes?
A) One-sided relationship with citizens having no power
B) Two-person zero-sum game
C) Mutual cooperation and trust
D) Citizens have absolute power over the state
Answer: B) Two-person zero-sum game
40. What is the purpose of constitutionalism, as mentioned in the class notes?
A) To prevent entropy and ensure maximum power for the state
B) To establish a dictatorship of the state
C) To prevent the state from working against the interests of citizens
D) To eliminate the need for a constitution
Answer: C) To prevent the state from working against the interests of citizens
| Topic | Summary |
|---|---|
| Constitutionalism | - State exists to prevent entropy and protect citizens' rights |
| - Upward delegation of power from citizens to the state | |
| - State becoming a "Leviathan" working against citizens' interests | |
| Dimensions of Constitutionalism | - Rule of Law in letter and spirit |
| - Fundamental Rights protection and promotion | |
| - Limited government with checks and balances | |
| - Sovereignty of citizens | |
| Important Features | - Written constitution |
| of Constitutionalism | - Separation of powers between three organs of the state |
| - Independent Judiciary | |
| - Judicial review | |
| - Federal form of democracy | |
| - Civilian control over the Army | |
| - Rule of Law | |
| - Civilian control over law enforcement agencies | |
| Parliamentary Democracy | - Executive is accountable to the legislature in a parliamentary democracy |
| Federal Form of Democracy | - India's federal polity with division of powers between the Union and state governments |
| Independent Judiciary | - Judiciary remains independent of the legislature and executive |
| Fundamental Rights | - Essence of the constitution, protects citizens from executive dictation |
| Fundamental Duties | - Added by the 42nd Constitutional amendment act, define citizens' duties |
| Secularism | - State treats all religions equally, recognizes and respects all religions |
| Directive Principles | - Provide guidelines to the executive for formulating public policies |
| Nature of Constitution | - Both rigid and flexible, requires special or simple majority for changes |
| Single Citizenship | - Ensures unity and integrity of the nation through single citizenship |
| Emergency Provisions | - Used to restore normalcy in extraordinary situations threatening sovereignty or law and order |
| Criticisms against | - Constituent Assembly not seen as sovereign body |
| Indian Constitution | - Lack of originality, described as a "borrowed Constitution" |
| - Not fully Gandhian, lacks Mahatma Gandhi's ideology and principles | |
| - Considered too legalistic and complicated, called a "lawyer's paradise" | |
| - Perceived dominance of the Congress in the Indian Constitution |
0 Comments