NCERT Solutions for Class 11 Political Science Chapter 10 - The Philosophy of the Constitution

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89. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons.

(a) Both daughters and sons will have share in the family property.

(b) There will be different slabs of sales tax on different consumer items.

(d) There shall be no begar or forced labour.

Ans. (a) It is related to the concept of "social justice" since, according to the right to equality, no one may be discriminated against on the basis of their skin colour, race, religion, sex, or other characteristics.

(b) It falls under economic justice because it is founded only on the notion of the utility of various things.

(d) It also relates to social fairness, as it strives to end forced labour protect workers from exploitation.

90. Which of the options given below cannot be used to complete the following statement? Democratic countries need a constitution to:

(i) Check the power of the government.

(ii) Protect minorities from the majority.

(iii) Bring independence from colonial rule.

(iv) Ensure that a long-term vision is not lost by momentary passions.

(v) Bring social change in a peaceful manner.

Ans. (iii) Bring independence from colonial rule.

91. The following are different positions about reading and understanding Constituent Assembly debates.

(i) Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement says that they are not relevant?

(ii) With which of these positions do you agree and why?

(a) Common people are too busy earning livelihood and meeting different pressures of life. They can’t understand the legal language of these debates.

(b) The conditions and challenges today are different from the time when the Constitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring past in the present.

(c) Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practices are important. In a period when constitutional practices are being challenged, not knowing the reasons can destroy them.

Ans. (i) The statement that argues that Constituent Assembly debates are relevant event today is (c). Because our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practices are important. In a period when constitutional practices are being challenged, not knowing the reasons can destroy them . The statement that argues that Constituent Assembly debates are not relevant today is (b). Reason: The conditions and challenges today are different from the time when the Con stitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring past in the present.

(ii) (c) Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practises are important. In a period when constitutional practises are being challenged, not knowing the reasons can destroy them.

The statement above is correct because the values that are enshrined in the Constitution are universal in nature and constitute a safeguard for the rights of the citizens. It is necessary to uphold these values as they are relevant to society in all ages. The breakdown of Constitutional values would lead to chaos and endanger the rights of the citizens as well as the integrity of the country.

92. Explain the difference between the Indian Constitution and western ideas in the light of:

(a) Understanding of secularism.

(b) Articles 370 and 371.

(d) Universal adult franchise.

Ans. (a) Understanding of secularism: Western conceptions of secular regimes consider religion as a personal concern that is not acknowledged in public or by the
government.

In India, the state could support religious communities by providing educational assistance to institutions that are operated by them, as all religions are accorded equal status and are to be respected.

(b) Article 370 and 371: Indian federalism has historically had an asymmetrical constitution, in contrast to the symmetry of American federalism.

The vow to protect Jammu and Kashmir's autonomy, which is regulated by its own constitution under Article 370, served as the foundation for the region's admission.

Article 371(A) granted the North-Eastern states the benefits of special status.

(c) Affirmative action: America, whose constitution was drafted in the 18^th century, finds itself unable to adapt to the standards and ideals of the 21^st century.

The Indian constitution was written with the ability to be modified to meet the needs and ambitions of society without compromising the fundamental principles of the document. To preserve India's unity and integrity, the constitution of India is democratic, liberal, secular, and federal, among other things.

(d) Universal adult franchise: While women have lately gained the ability to vote in western democracies, India has always exercised this privilege without restriction.

93. Which of the following principles of secularism are adopted in the Constitution of India?

(a) that state will have nothing to do with religion

(b) that state will have close relation with religion

(d) that state will recognise rights of religious groups

(e) that state will have limited powers to intervene in affairs of religions

Ans. (d) that state will recognise rights of religious groups

(e) that state will have limited powers to intervene in affairs of religions

94. Match the following:


(a)	Freedom to criticise treatment of widows	1.	Substantive achievement
(b)	Taking decisions in the constituent assembly on the basis of reason, not self interest	2.	Procedural achievement
(c)	Accepting importance of community in an individual’s life	3.	Neglect of gender justice
(d)	Article 370 and 371	4.	Liberal individualism
(e)	Unequal rights to women regarding family property and children	5.	Attention to requirements of a particular region

Ans. (a)-2, (b)-1, (c)-4, (d)-5, (e)-3.

95. This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why.

Jayesh: I still think that our Constitution is only a borrowed document.

Saba: Do you mean to say that there is nothing Indian in it? But is there such a thing as Indian and western in the case of values and ideas? Take equality between men and women. What is western about it? And even if it is, should we reject it only because it is western?

Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government?

Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.

Ans. (a) The claims made by Saba and Neha that the principle of equality cannot be disregarded because it originated in the west are true. Since the values enshrined in the Constitution are universal, neither Indian nor Western prejudice can be applied to them. It is also true that even though the British colonial policy was unjust, there were other aspects of their government that were contemporary and appropriate because they allowed citizens to elect their own representatives.

(b) Therefore, despite the bad effects of British colonialism, the beneficial characteristics of the British system should not be disregarded.

96. 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. (a) Under the terms of the Cabinet Mission Plan 1946, the Constitution of India was drafted in November 1946. Its members were chosen indirectly by the province legislatures.

(b) There were 389 members total in the Assembly, of which 292 were to be chosen by the people of the provinces, 93 by the princely states, and four by the territories of the Chief Commissioner.

(d) This membership was reduced to 299 as a result of the Mount Batten Plan's declaration of partition in June 1947, and on November 26, 1949, 284 members finally signed the constitution.

(e) The Constituent Assembly exercised sovereign authority on August 15, 1947, but because its members were chosen through a restricted franchise rather than a universal vote. It does not make the constitution unrepresentative because at that time adult franchise was not yet granted and most members came from the advanced sections of the society.

(f) However, the Constituent Assembly included members from each and every segment of society to be represented, and if we read the document carefully, we may discover that no segment is untouched on the various issues and opinions.

97. 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. 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?

It is true that the Constitution has insufficient provisions for gender fairness. Although it is every citizen's fundamental right to be treated equally, gender is not specifically mentioned in the law; instead, caste, religion, and class are specified.

There is no mention of gender, but citizens are not allowed to be exploited or subjected to discrimination based on their gender, caste, class, language, or religion. Women's rights are not explicitly stated so that they can be interpreted and upheld by the judiciary, and respect for women has been restricted to the directive principles. The Constitution also doesn't take into account how women are treated within the family.

As a result, it is unfair to grant special benefits to nearly half of the population while allowing affirmative action for minorities and other socially disadvantaged groups.

Women's provisions:

(a) The right to liberty and personal liberties, including speech and expression, regardless of the gender of the citizen

(b) The ability to move about India's territory without fear of harm

(d) The right to life and freedom

(e) Making schooling a requirement for girls under the age of 18

(f) Prohibiting practices like female infanticide and foeticide with strong penalties for both sexes

(g) Protection from domestic abuse - Protection from any form of sexual harassment

98. 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. It is correct that basic socio-economic rights were relegated to directive principles. These rights should have been incorporated particularly for backward classes in the same manner as the cultural rights of minorities. A developing country like India requires the fulfilment of the potential of human resources. For this reason, it is essential that the socio-economic requirements of all sections of society are met and all groups have equal opportunities.

The possible reason for putting socio-economic rights in the section of Directive Principles was the lack of adequate resources in a newly independent nation. Making socio-economic rights a feature of fundamental rights would have placed a burden on the state. Besides, the economic development path of the newly independent country was already concerned with planned development whose benefits were to be made available to all sections of the society.