CH-15 ROLE OF CONSTITUTION

CLASS VIII

Q.1. What does ‘rule of law’ mean?

Ans.  Rule of law means that every citizen of the country is equal in the eye of law. There is no discrimination on the basis of caste, sex, religion, social or economic status.

Q.2. Define constitution.

Ans. A constitution is a body of fundamental rules according to which the government of a country functions. It contains the power and of the various organs of the government and their mutual relationships. It also defines the rights of citizens and the relationship between the

Q.3. What makes India a sovereign state?

Ans. India is a sovereign state because the country is free from all external controls. Internally, we all free to take our own decisions. No other country can dictate its polices or terms to us or interfere in our internal affairs.

Q.4. How can we say that India is a socialistic state?

Ans. India is a socialist state because socialism is one of the national goals to be achieved. Thus, India is against exploitation in all forms and will try to establish economic justice without being attached to any particular ideology.

Q.5. What is universal adult suffrage?

Ans. Universal adult suffrage means that every citizen of India  who  is  18 years and above is entitled to vote in the elections without any  discrimination.

Q.7. What is the meaning of independent judiciary?

Ans. India has an independent judiciary free from the influence of the executive and the legislature. The judges are appointed on the basis of their qualifications but they cannot be easily removed by executive.

Q.8. why do we need constitution?

Ans. India is a vast country with various physical, cultural and diversities. Different people belonging to different regions, who speak different languages, have very different life styles. Therefore, the constitution provides a set of rules, principles and laws acceptable to almost all as the basis of life and the governance of the country. It is a multipurpose document which caters to our needs, requirements, future aspirations and the ideals set before us.

Q.9. ‘The constitution is not merely a document, but a living document.’ Explain.

Ans. The constitution keeps on evolving according to the changing conditions, circumstances, needs of society and international obligations, it is not merely a document but a living document that can be altered and modified.

Q.10.’The constitution of India is rigid as well as flexible’. Explain.

Ans. A rigid constitution is one which cannot be amended. On the contrary, a flexible can be amended easily.

 The constitution of India is a combination of both rigid and flexible. Accordingly, there are three methods of amendment. Procedures of amendment:-

1. By simple majority :- Certain provisions of the constitution can be changed by passing the bill by simple majority which means the bill should be approved  by a majority of the members present and in the both the houses of the parliament .

2. By special majority:- The amendment bill shall have to be approved by both the houses of the parliament  by (i)absolute majority to total membership and (ii)two-third majority of members present and voting . Most of the provisions and constitution and amended by this method.

3. Special majority and ratification: - After the bill is passed by special majority in both the houses of the parliament, it may be approved by the legislature of at the half  of the total numbers of states.

Q.11. Mention the characteristics to establish that India has a parliamentary form of government.

Ans. the characteristics to establish that India has a parliamentary form of government  are:-

1. We have parliamentary form of government both at the centre and in state.

2. We have adopted this system on British pattern.

3. In a parliamentary democracy, there is a close relationship the legislature and the executive.

4. The council of ministers is constituted from amongst the member of legislature which holds office so long as it enjoys the confidence of the legislature.

5. In a parliamentary form of government, the head of the state, the president

In case of India, is a nominal head. Although, he/ she enjoys many powers, but in practice all these powers are exercised by the council  of ministers headed by the prime minister.

Q.12.Enumerate the fundamental rights given to us by the constitution.

Ans. fundamental rights given to us by constitution are:-

        1. Right to equality

        (i) Equality before law

        (ii) Prohibition of discrimination on grounds of religion, race, caste, sex, or place

         Of birth.

        (iii)Equality of opportunity in matters of public employment.

        (iv)Abolition of untouchablity. 

        (v) Abolition of titles.                                          

       

2. Right to freedom

        (i) Freedom of speech and expression.

        (ii) Freedom to assemble peacefully and without arms.

        (iii) Freedom to form association and unions.

        (iv) Freedom to move freely throughout the territory of India.

        (v)  Freedom to reside and settle in any part of India.

        (vi) Freedom to practise any profession or carry on any occupation, trade or  

        business.    

        (vii) Protection in respect of conviction for an offence.

        (viii) Protection of life and personal liberty.

       (ix) Protection against arbitrary arrest the detention.

       (x) Right to education.

       

3. Right against exploitation

       (i) Prohibition of traffic in human beings and forced labour.

       (ii) Prohibition of employment of children below of 14 years in any factory, mine or      

       Hazardous occupation.

      

 4. Right to freedom of religion

       (i) Freedom of conscience  and the right to profess, practice and propagate any religion

          i.        Freedom to manage its own affairs in matters of religion

         ii.        The state will not collect any taxes for promotions of any particular religion.

       iii.        No religious instruction can be provided in any educational institute, which is wholly maintained out of state funds.

5.Cultural and educational rights

        i.        Protection of interests of  minorities

       ii.        Right of minorities to establish and administer educational institution of their own .

6. Right to constitutional remedies

The constitution of India has not only listed fundamental rights, but has also prescribed remedies against their violation. If a citizen feels that his/her rights have been violated by an executive order.he/she may request the supreme court/high court to issue the appropriate writ for the restoration of his/her rights.

Q.13. what purpose does a constitution serve?

Ans. 1. Highlights the commonly agreed upon ideals which a country should uphold.

        2. Defines a nature of a country’s political system.

        3. Plays a crucial role in democratic societies towards the achievement of desired goals.

        4. Ensures that the majority group does not dominate the minorities.

       5. Guards our national interests.

Q.14.Describe any five key features of the Indian constitution.

Ans. 1. Uniqueness: The chief characteristic of the constitution of India is its Uniqueness. The best features of many existing constitution of the world were modified and adapted to per needs and conditions. Thus the constitution of India is a combination of many good points of several constitutions. At the same time, the needs and aspirations of the people were also not ignored.

       

2. The lengthiest constitution: the constitution of India is the lengthiest and the most detailed constitution of the world. It is divided into 22 parts and has 395 articles and 12 schedules. The constituent assembly spent 2 years 11 months 18 days to complete its final draft on November 26 1949 but it was adopted and enforced on January 26 1950.

   

   3. Written constitution: Indian constitution is a written constitution which was drafted and enacted by the constituent assembly, specially elected for this purpose. It was presided over by dr. rajender Prasad. dr. b.r. ambedkar was the chairman of its drafting committee.

    

4. Rigid and flexible: A rigid constitution is one which can’t be amended easily .On the contrary, a flexible constitution can be amended easily. . The constitution of India is a combination of both rigid and flexible.

5.  Procedures of amendment:-

1. By simple majority :- Certain provisions of the constitution can be changed by passing the bill by simple majority which means the bill should be approved  by a majority of the members present and in the both the houses of the parliament .

2. By special majority:- The amendment bill shall have to be approved by both the houses of the parliament  by (i)absolute majority to total membership and (ii)two-third majority of members present and voting . Most of the provisions and constitution and amended by this method.

3. Special majority and ratification: - After the bill is passed by special majority in both the houses of the parliament, it may be approved by the legislature of at the half  of the total numbers of states.

Q.15.’ India is a sovereign, socialist, secular, democratic republic.’ Explain.

Ans. India is a sovereign state because the country is free from all external controls. Internally, we are free to take our decisions. No other country can dictate its policies or terms to us or interfere in our internal affairs.

India is a socialist state because socialisms one  of the national goals to be achieved. Thus, India against exploitation in all forms and will try to established economic justice economic justice without being attaches to any particular ideology.

India is a  secular  state. All  religion  enjoys equal  freedom .  No discrimination is made on grounds of religions. For this, there is a specific right to freedom of religion granted by our constitution under the fundamental rights.

India is a democratic state. Our government is elected by the people and the administration of the country is carried on by the representatives of the people. The government runs according to some basic rules.

India is a republic because the head of the state, i.e.  The president is an elected head from amongst the people. On the other hand, in spite of being a democracy, England is not republic because its head of the state hereditary-king/queen.

Q.16.what is fundamental rights? What is their importance? What safeguard have been provided in the constitution against the violation of fundamental rights?

Ans. Fundamental rights are those basic condition which are essential to be provided to citizens for happiness, comfort, prosperity and all round development.

They are essential/ important for us. They play a significant role in day to day life.

1.   They are important for all round development of citizens.

2.   They are important because no democratic government can function without these basic rights.

3.   These rights are also very important because they protect citizen from any kind of exploitation.

The following safeguards have been provided in the constitution against violation of fundamental rights.

1.   If the citizen feels that one of his/her rights have been violated executive order, he/she may request the supreme court/ high court to issue the appropriate writ for the restoration of his / her rights.

2.   These fundamental rights protect the citizens against the misuse of power by the government or some institutions or individual. Therefore, the fundamental rights are justifiable and are protected by the court.

Q.17 What do you mean by single citizenship?

Ans. When there is a provision of the citizenship of the country only, there is no citizenship in the name of the state, then it is called single citizenship. Every Indian irrespective of the place where he/she live is a citizen of India.

Q.18 What type of federal system do we have in India?

Ans.1. India has a federal system but with a difference. The central government which is called a union government is so powerful that at time it appears that India is not really a federation but a unitary state.

        2. Constitution of India has several features of a federation combined with the elements of a unitary state.

        3. India can also be described as a federation but a very strong central government.