Second Part
Q. Explain the meaning of Constitution.
A. Constitution of a country is summary of its fundamental aspirations, values, framework of
governance and laws usually in the form of a document (written Constitution). No other law ,
document etc.. can supersede it or go against the Constitution, otherwise the judiciary exercising its power of review (judicial review) can strike them down as unconstitutional. Constitution can be written as in case of India , or unwritten one as in case of Britain. An unwritten Constitution is based on conventions and practices. By its very nature, it tends to be less rigid than a written Constitution and can arguably, respond better to the changing needs of the time.
Q. Trace the historical background of the Indian Constitution.
A. The Indian Constitution reflect the legacy of the national movement for freedom. It laid emphasis on pluralism, secularism, opposition to all types /forms of discrimination, provision of equal opportunities to all for self-development and many other similar concerns epitomize values that came to the forefront during the country's struggle for freedom against colonial rule. The Indian Constitution also reflects some prominent features of American Declaration of Independence (1776), the French Declaration of the Rights of Man (1789), as well as the Constitution of the Irish Republic. The French revolutionary slogan of Liberty, Equality and Fraternity finds an echo in the Preamble of our Constitution.
Q. Write a note on the composition and working of the Constituent Assembly that
drafted the Indian Constitution
A. The Constituent Assembly was headed by Dr. Rajendra Prasad who later on became India's first President, Jawaharlal Nehru the first PM of free India .Among the other famous names, the Assembly comprised of luminaries like B.R.Ambedkar, Sardar Vallabh Bhai Patel, Pattabhi Sita Ramaiya and J.B. Kriplani. A good number of the members had strong legal background which facilitated the task of Constitution making. The total strength of the Assembly was 381and the membership of the Assembly was drawn from different political parties including Muslim League. In addition, independent members, representatives from the Governor's Provinces and the Princely states were also part of the Constituent Assembly. Based on the deliberations in the Assembly, the Drafting Committee prepared the draft text of the Constitution. The final document, after amendments, was signed on November 26, 1949 and came into force two months later January 26, 1950.
Q. Write a short note on the Preamble of the Constitution.
A. The French revolutionary slogan of Liberty, Equality and Fraternity finds an echo in the Preamble of our Constitution. The Preamble, or the beginning of the Constitution is also known as its soul or spirit which sets out the tone and tenor of the entire Constitution. It declares India to be a sovereign, secular,democratic republic assuring liberty of thought, expression and belief to all its citizens, equality and justice to all the citizens.
Q. Enumerate the basic features of the Indian Constitution.
A. The basic features are:
(a) A Written Constitution; (b) Parliamentary Democracy; (c) Independence of
the Judiciary; (d) Cooperative Federalism (e) Fundamental Rights and Duties; and
(f) Directive Principles of the State Policy.
Q. Write a note on Fundamental Rights and Fundamental Duties
A. Fundamental Rights- Bearing the high handedness of British colonialists, the Founding Fathers of Indian Constitution put strong emphasis on Fundamental Rights guaranteeing certain rights to its citizens considered fundamental for their well-being. These rights are enforceable by the courts of law (unlike the Directive Principles of State Policy). They are the mainstay of an Indian citizen's life, liberty and property. The various Fundamental Rights are:
(i) Right to Equality; (ii) Right to Freedom; (iii) Right Against Exploitation;
(iv) Right to Religion; (v) Cultural and Educational Rights; and
(vi) Right to Constitutional Remedies.
The Right to Property was earlier a Fundamental Right, but was made a legal right through the 44th Constitutional Amendment Act.It means that the property belonging to any person can be acquired by the government by paying appropriate compensation. Except during an emergency, Fundamental Rights cannot be suspended. But even in such a situation, Articles 20 and 21 remain in operation.
Article 20 states that 'No person shall be punished on the basis of laws that are enacted after a crime has been committed , protection from being punished more than once for the same offence (protection from double jeopardy), and protection from standing trial against oneself' (protection from self-incrimination). Article 21 ensures protection of personal life and liberty'.
Fundamental Duties - These were not part of original Constitution adopted in 1950 but were adopted in 1970. The concept of Fundamental Duties were included as increasing number of Indians started taking Fundamental Rights for granted without feeling any obligation towards country or each other leading to increasing situations of 'social and civil anarchy . Some of the important Fundamental Duties are: protection of the territorial integrity and sovereignty of India, respect for the national flag, emblem, promotion of a clean environment etc. Failure to perform the various Fundamental Duties may invite punitive action as per the various provisions of law.
Q. What is the significance of the 42nd Constitutional Amendment Act of 1976?
A. Fundamental Duties were added to the Constitution by the 42nd Constitutional
Amendment Act of 1976.
Q. Bring out the importance of the Kesavanand Bharati Case.
A. Supreme Court declared that the basic structure of the Constitution could not be changed in the famous Kesavananda Bharati Case (also known as the Fundamental Rights Case) of 1973. The Supreme Court gave the ruling that while the Parliament could amend the Fundamental Rights also, it was not competent to change the 'basic structure' or 'framework' of the Constitution.
Q. Write a short note on the Venkatchaliah Commission
A. National Commission was established on January 27,2003 with the then Chief Justice Venkatachaliah as its chairman to review the working of the Constitution. The commission was setup to examine in the light of the last sixty years. as to how far the existing provisions of the Constitution are capable of responding to the needs of efficient smooth and effective system of governance and socio-economic development of modern India and to recommend changes, if any, that are required to be made in the Constitution within the framework of Parliamentary Democracy without interfering with the basic structure of features of the Constitution. The Commission identified ten areas for review and made 248 recommendations pertaining to them. However, the Commission's report did not result in any substantive political action. Largely, because of the apathy of the political class, as well as the vested interests involved.
Q. Write a note on the structure of the Central Government of India.
A. The head of the government at the Centre (New Delhi) is the Prime Minister who has a Council of Ministers reporting to him and assisting him in the task of administration. The head of the State is the President. He is a symbolic, nominal executive wielding real and substantive powers only in emergency situations. All administration is carried on in his name by the Prime Minister and the Ministerial Council. The legislature, the judiciary and the executive (comprising the political establishment and the bureaucracy) comprise the three organs or branches of the government. This structure of government, like in parliamentary democracies is based on the principle of fusion of powers between the different government arms.
The above governmental structure in New Delhi, the capital of the country and the seat of
the central government, is replicated in the constituent units-the states of the Indian Union. Thus, corresponding to the Prime Minister and his Council of Ministers at the Center, we have the Chief Minister heading a Ministerial Council in a state. Similarly, corresponding to the President at the Center, we have the Governor as the symbolic, nominal executive in a state government. Like the figurehead President at the Center, the Governor exercises substantial powers only in situations of emergency.
Q. Write a short note on Election Commission
A. The Election Commission is a statutory, fully autonomous body established by the Constitution of the land to oversee the elections for the Indian Parliament and the State Assemblies. Its independence of functioning has been ensured by a number of provisions. The Election Commission was established by the Constitution to ensure the citizens' popular/political participation without fear or favour. A series of activities such as preparing updating of voters' list, preparing electoral rolls, ballot papers etc. is entrusted to EC. The vital task of ensuing that the various persons contesting in elections as people's representatives don’t violate the ‘Modal Code of Conduct ‘laid down by EC is ensured by EC.
Q. Write a note on : NGOs, Pressure Groups/Lobbies
A. NGOs (Non-governmental Organisations) -
NGOs or non-governmental organizations, as the very name indicates, are organizations outside the formal governmental domain. They work in opposition to as well as in support of the government. (This varies from NGO to NGO). Ever since independence, NGOs have facilitated the government in its vital function of developmental administration. They have also resisted the government's authoritarian tendencies (wherever exhibited). There are NGOs, which even though outside the formal governmental structure, get funds from the government for their day-to-day functioning. However, such NGOs obviously have not been able to expose the governmental malfeasance, the way those NGOs who have their own independent sources of funds have over the years.
Pressure Groups and Lobbies
Pressure groups and lobbies are crucial components of the civil society and play their due role in the democratic process. These groups/ lobbies are distinguished from political parties by the fact of not holding elective political office. While parties are in the forefront, groups and lobbies work behind the scenes, so to say, and often wield more influence on policy-making/implementation than the recognized political parties. Pressure groups of lobbies generally work towards the promotion of certain specific interests. In a modem liberal democracy such as India, the press, business, students, women are some of the important groups /lobbies.
Q. Examine and appraise the democratic process in India in the post-independence
period.
A. a) In the post-independent period, the governments of the day, both at the Center and in the states, have enacted several legislations towards equality and liberty of the citizens. Evil social practices continuing for centuries such as untouchability have been banned through various Acts. Seats have been reserved in educational institutions/ employment for weaker/marginalized sections of the population such as the Scheduled Caste/tribes (SC/STs) as well as the Other Backward Castes (OBCs). These sections have also been granted various types of scholarships, as well as reimbursement in fees for pursuing their education at various levels. They have also been granted relaxation in age for competing for government jobs.
b) As for the women who constitute nearly half of the population, the practice of dowry was banned way back in 1961. In several states of the Indian Union,measures have been taken to provide free education to girls up to a certain level in government - run schools. The practice of sex determination tests has been banned. A lot of advocacy and campaigning has been undertaken to promote the girl child. In the arena of political participation, 33 per cent of seats have been reserved for female candidates in elections to the panchayats.
c) Regarding the bureaucracy, its record in the arena of development administration can at best be termed average. The majority of civil servants in India have had elitist , superior attitude ,distancing themselves from masses whom they are supposed to serve .In the post-globalization period, as the power of the civil servants is being curtailed due to disinvestment there has been an improvement in atmospherics. Now one often hears a lot about citizen friendly administration and of becoming facilitators.
d) As for the political leadership and the political parties, they have been more democratic than those in India's neighbourhood, as well as those in many other African, latin American nations, but still not really at par with liberal democracies of the West.
e) NGO’s ,, Pressure groups /lobbies
Q. What do you understand by the term "state"?
A. The state is a political institution that establishes sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions such as parliament, judiciary, ministries, departments etc. It has representative as well as bureaucratic institutions and has government functioning at various levels i.e., central, state and local. The state provides rights and responsibilities to the citizens.
Q. Highlight the basic functions of government
A. a) Providing basic goods and services to the citizens.
b) Ensuring equity through appropriate policies aimed at reducing the income
inequalities amongst citizens.
c) Formulating appropriate tax and monetary policies to provide stability in the
economy.
d) Regulating the private sector activities.
Q. Distinguish the state from the government
A. The concept of state is wider, as it includes all institutions, be it public, private sector and citizens. Government is a part of the state.
The state is a permanent institution while the government is temporary.
The state's authority is exercised through the government. The policies and programmes of
the state are implemented by the government.
The state is said to represent the common interests of the society, while the government
can at times represent the interests of party in power.
Q. How is the present notion of 'governance' different from the traditional notion of
governance?
A. The present day notion of governance is wider, as it includes not just government but also the market and civil society organizations. Unlike the traditional approach of excessive reliance on bureaucracy. hierarchy, rules and regulative mechanism, the notion of governance, has now blurred the boundaries between public and private sectors with exercise of lesser control by government.
Q. Identify the key components of governance as propounded by the World Bank Governance: Issues and Strategies in 1989.
A. The main components of governance as propounded by the World Bank in 1989 include:
a) Public sector management, b) Accountability, c) Legal framework for development. d)
Transparency and information accessibility.
Q. What do you understand by good governance'?
A. Good governance is a holistic concept that aims at economic, human and institutional development. It attempts at efficient and effective governance, which is accountable.
democratic and responsive to people's needs.
Q. Discuss the important characteristics of governance
A. Participation
Rule of law
Transparency
Responsiveness
Equality
Effectiveness and Efficiency
Accountability
Q. What are Citizens' Charters?
A. Citizens Charters are statements formulated by public organizations. They provide information to the public about the nature of service being provided by the organization, procedure, costs involved, mechanism for redriessal of grievances and so on.
Q. Throw light on the objectives of Right to Information Act.
A. The Right to Information Act aims to bring about greater transparency in administrative
decisions by making them known to the people. Its objective is to bring about openness in government operations by enabling the people to access the information except those relating to national defense and security.
Q. List some measures for promoting good governance
A. Ensuring proper investment in meeting human needs.
Strengthening the institution of State.
Building new partnership with civil society.
Developing a new framework for government - business cooperation.
Q. Explain the meaning of Constitution.
A. Constitution of a country is summary of its fundamental aspirations, values, framework of
governance and laws usually in the form of a document (written Constitution). No other law ,
document etc.. can supersede it or go against the Constitution, otherwise the judiciary exercising its power of review (judicial review) can strike them down as unconstitutional. Constitution can be written as in case of India , or unwritten one as in case of Britain. An unwritten Constitution is based on conventions and practices. By its very nature, it tends to be less rigid than a written Constitution and can arguably, respond better to the changing needs of the time.
Q. Trace the historical background of the Indian Constitution.
A. The Indian Constitution reflect the legacy of the national movement for freedom. It laid emphasis on pluralism, secularism, opposition to all types /forms of discrimination, provision of equal opportunities to all for self-development and many other similar concerns epitomize values that came to the forefront during the country's struggle for freedom against colonial rule. The Indian Constitution also reflects some prominent features of American Declaration of Independence (1776), the French Declaration of the Rights of Man (1789), as well as the Constitution of the Irish Republic. The French revolutionary slogan of Liberty, Equality and Fraternity finds an echo in the Preamble of our Constitution.
Q. Write a note on the composition and working of the Constituent Assembly that
drafted the Indian Constitution
A. The Constituent Assembly was headed by Dr. Rajendra Prasad who later on became India's first President, Jawaharlal Nehru the first PM of free India .Among the other famous names, the Assembly comprised of luminaries like B.R.Ambedkar, Sardar Vallabh Bhai Patel, Pattabhi Sita Ramaiya and J.B. Kriplani. A good number of the members had strong legal background which facilitated the task of Constitution making. The total strength of the Assembly was 381and the membership of the Assembly was drawn from different political parties including Muslim League. In addition, independent members, representatives from the Governor's Provinces and the Princely states were also part of the Constituent Assembly. Based on the deliberations in the Assembly, the Drafting Committee prepared the draft text of the Constitution. The final document, after amendments, was signed on November 26, 1949 and came into force two months later January 26, 1950.
Q. Write a short note on the Preamble of the Constitution.
A. The French revolutionary slogan of Liberty, Equality and Fraternity finds an echo in the Preamble of our Constitution. The Preamble, or the beginning of the Constitution is also known as its soul or spirit which sets out the tone and tenor of the entire Constitution. It declares India to be a sovereign, secular,democratic republic assuring liberty of thought, expression and belief to all its citizens, equality and justice to all the citizens.
Q. Enumerate the basic features of the Indian Constitution.
A. The basic features are:
(a) A Written Constitution; (b) Parliamentary Democracy; (c) Independence of
the Judiciary; (d) Cooperative Federalism (e) Fundamental Rights and Duties; and
(f) Directive Principles of the State Policy.
Q. Write a note on Fundamental Rights and Fundamental Duties
A. Fundamental Rights- Bearing the high handedness of British colonialists, the Founding Fathers of Indian Constitution put strong emphasis on Fundamental Rights guaranteeing certain rights to its citizens considered fundamental for their well-being. These rights are enforceable by the courts of law (unlike the Directive Principles of State Policy). They are the mainstay of an Indian citizen's life, liberty and property. The various Fundamental Rights are:
(i) Right to Equality; (ii) Right to Freedom; (iii) Right Against Exploitation;
(iv) Right to Religion; (v) Cultural and Educational Rights; and
(vi) Right to Constitutional Remedies.
The Right to Property was earlier a Fundamental Right, but was made a legal right through the 44th Constitutional Amendment Act.It means that the property belonging to any person can be acquired by the government by paying appropriate compensation. Except during an emergency, Fundamental Rights cannot be suspended. But even in such a situation, Articles 20 and 21 remain in operation.
Article 20 states that 'No person shall be punished on the basis of laws that are enacted after a crime has been committed , protection from being punished more than once for the same offence (protection from double jeopardy), and protection from standing trial against oneself' (protection from self-incrimination). Article 21 ensures protection of personal life and liberty'.
Fundamental Duties - These were not part of original Constitution adopted in 1950 but were adopted in 1970. The concept of Fundamental Duties were included as increasing number of Indians started taking Fundamental Rights for granted without feeling any obligation towards country or each other leading to increasing situations of 'social and civil anarchy . Some of the important Fundamental Duties are: protection of the territorial integrity and sovereignty of India, respect for the national flag, emblem, promotion of a clean environment etc. Failure to perform the various Fundamental Duties may invite punitive action as per the various provisions of law.
Q. What is the significance of the 42nd Constitutional Amendment Act of 1976?
A. Fundamental Duties were added to the Constitution by the 42nd Constitutional
Amendment Act of 1976.
Q. Bring out the importance of the Kesavanand Bharati Case.
A. Supreme Court declared that the basic structure of the Constitution could not be changed in the famous Kesavananda Bharati Case (also known as the Fundamental Rights Case) of 1973. The Supreme Court gave the ruling that while the Parliament could amend the Fundamental Rights also, it was not competent to change the 'basic structure' or 'framework' of the Constitution.
Q. Write a short note on the Venkatchaliah Commission
A. National Commission was established on January 27,2003 with the then Chief Justice Venkatachaliah as its chairman to review the working of the Constitution. The commission was setup to examine in the light of the last sixty years. as to how far the existing provisions of the Constitution are capable of responding to the needs of efficient smooth and effective system of governance and socio-economic development of modern India and to recommend changes, if any, that are required to be made in the Constitution within the framework of Parliamentary Democracy without interfering with the basic structure of features of the Constitution. The Commission identified ten areas for review and made 248 recommendations pertaining to them. However, the Commission's report did not result in any substantive political action. Largely, because of the apathy of the political class, as well as the vested interests involved.
Q. Write a note on the structure of the Central Government of India.
A. The head of the government at the Centre (New Delhi) is the Prime Minister who has a Council of Ministers reporting to him and assisting him in the task of administration. The head of the State is the President. He is a symbolic, nominal executive wielding real and substantive powers only in emergency situations. All administration is carried on in his name by the Prime Minister and the Ministerial Council. The legislature, the judiciary and the executive (comprising the political establishment and the bureaucracy) comprise the three organs or branches of the government. This structure of government, like in parliamentary democracies is based on the principle of fusion of powers between the different government arms.
The above governmental structure in New Delhi, the capital of the country and the seat of
the central government, is replicated in the constituent units-the states of the Indian Union. Thus, corresponding to the Prime Minister and his Council of Ministers at the Center, we have the Chief Minister heading a Ministerial Council in a state. Similarly, corresponding to the President at the Center, we have the Governor as the symbolic, nominal executive in a state government. Like the figurehead President at the Center, the Governor exercises substantial powers only in situations of emergency.
Q. Write a short note on Election Commission
A. The Election Commission is a statutory, fully autonomous body established by the Constitution of the land to oversee the elections for the Indian Parliament and the State Assemblies. Its independence of functioning has been ensured by a number of provisions. The Election Commission was established by the Constitution to ensure the citizens' popular/political participation without fear or favour. A series of activities such as preparing updating of voters' list, preparing electoral rolls, ballot papers etc. is entrusted to EC. The vital task of ensuing that the various persons contesting in elections as people's representatives don’t violate the ‘Modal Code of Conduct ‘laid down by EC is ensured by EC.
Q. Write a note on : NGOs, Pressure Groups/Lobbies
A. NGOs (Non-governmental Organisations) -
NGOs or non-governmental organizations, as the very name indicates, are organizations outside the formal governmental domain. They work in opposition to as well as in support of the government. (This varies from NGO to NGO). Ever since independence, NGOs have facilitated the government in its vital function of developmental administration. They have also resisted the government's authoritarian tendencies (wherever exhibited). There are NGOs, which even though outside the formal governmental structure, get funds from the government for their day-to-day functioning. However, such NGOs obviously have not been able to expose the governmental malfeasance, the way those NGOs who have their own independent sources of funds have over the years.
Pressure Groups and Lobbies
Pressure groups and lobbies are crucial components of the civil society and play their due role in the democratic process. These groups/ lobbies are distinguished from political parties by the fact of not holding elective political office. While parties are in the forefront, groups and lobbies work behind the scenes, so to say, and often wield more influence on policy-making/implementation than the recognized political parties. Pressure groups of lobbies generally work towards the promotion of certain specific interests. In a modem liberal democracy such as India, the press, business, students, women are some of the important groups /lobbies.
Q. Examine and appraise the democratic process in India in the post-independence
period.
A. a) In the post-independent period, the governments of the day, both at the Center and in the states, have enacted several legislations towards equality and liberty of the citizens. Evil social practices continuing for centuries such as untouchability have been banned through various Acts. Seats have been reserved in educational institutions/ employment for weaker/marginalized sections of the population such as the Scheduled Caste/tribes (SC/STs) as well as the Other Backward Castes (OBCs). These sections have also been granted various types of scholarships, as well as reimbursement in fees for pursuing their education at various levels. They have also been granted relaxation in age for competing for government jobs.
b) As for the women who constitute nearly half of the population, the practice of dowry was banned way back in 1961. In several states of the Indian Union,measures have been taken to provide free education to girls up to a certain level in government - run schools. The practice of sex determination tests has been banned. A lot of advocacy and campaigning has been undertaken to promote the girl child. In the arena of political participation, 33 per cent of seats have been reserved for female candidates in elections to the panchayats.
c) Regarding the bureaucracy, its record in the arena of development administration can at best be termed average. The majority of civil servants in India have had elitist , superior attitude ,distancing themselves from masses whom they are supposed to serve .In the post-globalization period, as the power of the civil servants is being curtailed due to disinvestment there has been an improvement in atmospherics. Now one often hears a lot about citizen friendly administration and of becoming facilitators.
d) As for the political leadership and the political parties, they have been more democratic than those in India's neighbourhood, as well as those in many other African, latin American nations, but still not really at par with liberal democracies of the West.
e) NGO’s ,, Pressure groups /lobbies
Q. What do you understand by the term "state"?
A. The state is a political institution that establishes sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions such as parliament, judiciary, ministries, departments etc. It has representative as well as bureaucratic institutions and has government functioning at various levels i.e., central, state and local. The state provides rights and responsibilities to the citizens.
Q. Highlight the basic functions of government
A. a) Providing basic goods and services to the citizens.
b) Ensuring equity through appropriate policies aimed at reducing the income
inequalities amongst citizens.
c) Formulating appropriate tax and monetary policies to provide stability in the
economy.
d) Regulating the private sector activities.
Q. Distinguish the state from the government
A. The concept of state is wider, as it includes all institutions, be it public, private sector and citizens. Government is a part of the state.
The state is a permanent institution while the government is temporary.
The state's authority is exercised through the government. The policies and programmes of
the state are implemented by the government.
The state is said to represent the common interests of the society, while the government
can at times represent the interests of party in power.
Q. How is the present notion of 'governance' different from the traditional notion of
governance?
A. The present day notion of governance is wider, as it includes not just government but also the market and civil society organizations. Unlike the traditional approach of excessive reliance on bureaucracy. hierarchy, rules and regulative mechanism, the notion of governance, has now blurred the boundaries between public and private sectors with exercise of lesser control by government.
Q. Identify the key components of governance as propounded by the World Bank Governance: Issues and Strategies in 1989.
A. The main components of governance as propounded by the World Bank in 1989 include:
a) Public sector management, b) Accountability, c) Legal framework for development. d)
Transparency and information accessibility.
Q. What do you understand by good governance'?
A. Good governance is a holistic concept that aims at economic, human and institutional development. It attempts at efficient and effective governance, which is accountable.
democratic and responsive to people's needs.
Q. Discuss the important characteristics of governance
A. Participation
Rule of law
Transparency
Responsiveness
Equality
Effectiveness and Efficiency
Accountability
Q. What are Citizens' Charters?
A. Citizens Charters are statements formulated by public organizations. They provide information to the public about the nature of service being provided by the organization, procedure, costs involved, mechanism for redriessal of grievances and so on.
Q. Throw light on the objectives of Right to Information Act.
A. The Right to Information Act aims to bring about greater transparency in administrative
decisions by making them known to the people. Its objective is to bring about openness in government operations by enabling the people to access the information except those relating to national defense and security.
Q. List some measures for promoting good governance
A. Ensuring proper investment in meeting human needs.
Strengthening the institution of State.
Building new partnership with civil society.
Developing a new framework for government - business cooperation.
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