Question 1: Choose the correct statement from the following.

A constitution needs to be amended from time to time because Circumstances change and require suitable changes in the constitution. A document written at one point of time becomes outdated after some time. Every generation should have a constitution of its own liking. It must reflect the philosophy of the existing government. Answer : A constitution needs to be amended from time to time because circumstances change and require suitable changes in the constitution. Question 2: rite !rue " #alse against the following statements. a. !he $resident cannot send back an amendment bill for reconsideration of the $arliament. b. Elected representatives alone have the power to amend the Constitution. c. !he %udiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently. d. !he $arliament can amend any section of the Constitution. Answer : a. !rue b. !rue c. #alse d. !rue Question 3: hich of the following are involved in the amendment of the Indian Constitution& In what way are they involved& a. 'oters b. $resident of India c. (tate )egislatures d. $arliament

e. *overnors f. %udiciary Answer : b. $resident of India ("he has to give assent to the amendment bill to make it an amendment. c. (tate )egislatures +alf of the state legislature has to vote in favour of the amendment bill along with a special ma,ority in the parliament. d. $arliament $arliament has to include an amendment- which would underlay one particular interpretation as the authentic one whenever there is a clash between the ,udiciary and the government over different interpretations of amendment bill. In both the houses of the $arliament- the amendment bill will be passed only if half of the total strength of both the houses is separately in the favour of the amendment bill. !he supporters of the amendment bill must constitute two.third of the voters in both the houses separately. f. %udiciary !he ,udiciary has interpreted various provisions that concern right to education- right to life etc. to an informal amendment. It helps in the matter by balancing the spirit and letter of the Constitution. Question 4: /ou have read in this chapter that the 01nd amendment was one of the most controversial amendments so far. hich of the following were the reasons for this controversy& a. It was made during national emergency- and the declaration of that emergency was itself controversial. b. It was made without the support of special ma,ority. c. It was made without ratification by (tate legislatures. d. It contained provisions- which were controversial. Answer : a. It was made during national emergency- and the declaration of that emergency was itself controversial. d. It contained provisions- which were controversial. Question 5: hich of the following is not a reasonable explanation of the conflict between the legislature and the ,udiciary over different amendments& a. 2ifferent interpretations of the Constitution are possible.

b. In a democracy- debates and differences are natural. c. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special ma,ority. d. )egislature cannot be entrusted to protect the rights of the citi3ens. e. %udiciary can only decide the constitutionality of a particular law4 cannot resolve political debates about its need. Answer : d. )egislature cannot be entrusted to protect the rights of the citi3ens. Question 6: Identify the correct statements about the theory of basic structure. Correct the incorrect statements. a. Constitution specifies the basic tenets. b. )egislature can amend all parts of the Constitution except the basic structure. c. %udiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot. d. !his theory found its first expression in the 5esavananda 6harati case and has been discussed in subsequent ,udgments. e. !his theory has increased the powers of the ,udiciary and has come to be accepted by different political parties and the government. Answer : a. Incorrect. !he Constitution does not specify the basic tenets as it does not mention anywhere about the basic structure. !his theory is given by the ,udiciary of India that looks into the spirit rather than the letter. b. Correct c. Incorrect. !he ,udiciary has not explicitly defined the basic structure of the Indian Constitution. +owever- it has given various interpretations from time to time in its ,udgments. d. Correct e. Correct Question 7: #rom the information that many amendments were made during 1777.1778- which of the following conclusions would you draw& a. %udiciary did not interfere in the amendments made during this period. b. 9ne political party had a strong ma,ority during this period.

c. !here was strong pressure from the pubic in favour of certain amendments. d. !here were no real differences among the parties during this time. e. !he amendments were of a non.controversial nature and parties had an agreement on the sub,ect of amendments. Answer : e. !he amendments were of a non.controversial nature and parties had an agreement on the sub,ect of amendments. Question 8: Explain the reason for requiring special ma,ority for amending the Constitution. Answer : (pecial ma,ority is required for amending the Constitution to make the process of amendment difficult. !his is done to ensure that political parties do not pass amendments arbitrarily and any proposed amendment has the support of more than half the number of members of the actual strength of the house and not simply those that are present in the house. (pecial ma,ority is inclined towards building a broad support among parliamentarians on issues of amendment. Question 9: :any amendments to the Constitution of India have been made due to different interpretations upheld by the %udiciary and the $arliament. Explain with examples. Answer : Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: Certain amendments to the Constitution have been made as a result of the different interpretations upheld by the %udiciary and the $arliament. !he most prominent among them was related to the basic structure of the Constitution. It led to the 01nd amendment to the Constitution that took place during the period of emergency. $rior to this- in its ,udgment in the 5esavananda 6harati case in ;<=8- the (upreme Court had upheld certain features of the Constitution to be fundamental in nature and making up the basic structure of the Constitution. It also placed the ,udiciary as the final authority in interpreting the Constitution and its basic structure and prohibited the legislature from passing any amendments that were contrary to this. !hus- the ,udiciary was concerned more about the spirit of the Constitution. !he 01nd amendment in ;<=> reduced the power of the ,udiciary and sought to restore the legislature to a pre.eminent position. It made changes in the preamble- the seventh schedule and ?8 articles of the Constitution. Question 10: If amending power is with the elected representatives- ,udiciary should @9! have the power to decide the validity of amendments. 2o you agree& *ive your reasons in ;77 words. Answer :

Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: I do not agree with the statement that the ,udiciary should not have the power to decide the validity of amendments. !he ,udiciary is authorised to interpret the Constitution. %udiciary as an institution is involved in actively interpreting the provisions of the Constitution while pronouncing its ,udgments. It is more acquainted with the fundamentals of the Constitution than any other body. !his power of ,udiciary checks the inappropriate and arbitrary use of the amendments by any political party that is in the power and also defends the fundamental rights of the people. PHILOSOPHY OF H! "O#S I $ IO# Question 1: !he following are certain laws. Are they connected with any value& If yes- then what is the underlying value& *ive reasons. a. 6oth daughters and sons will have share in the family property. b. !here will be different slabs of sales tax on different consumer items. c. Aeligious instructions will not be given in any government school. d. !here shall be no begar or forced labour. Answer : a. Idea of equality and social ,ustice. It treats both children equally by giving inheritance to them irrespective of their gender. b. Economic ,ustice as it reflects the importance of certain consumer items for people and seeks to discourage the consumption of other items deemed as non.essential. c. (ecularism as it shows that the government does not give importance to any religion in particular. d. Idea of social ,ustice as it strives to end forced labour and protect workers from exploitation. Question 2: hich of the options given below cannot be used to complete the following statement& 2emocratic countries need a constitution to i. Check the power of the government. ii. $rotect minorities from ma,ority. iii. 6ring independence from colonial rule. iv. Ensure that a long.term vision is not lost by momentary passions. v. 6ring social change in peaceful manner. Answer : iii. 6ring independence from colonial rule.

Question 3: !he following are different positions about reading and understanding Constituent Assembly debates. i. ii. hich of these statements argues that Constituent Assembly debates are relevant even today& hich statement says that they are not relevant& ith which of these positions do you agree and why&

a. Common people are too busy in earning livelihood and meeting different pressures of life. !hey canBt understand the legal language of these debates. b. !he conditions and challenges today are different from the time when the Constitution was made. !o read the ideas of Constitution makers and use them for our new times is trying to bring past in the present. c. 9ur 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. Answer : i !he statement that argues that Constituent Assembly debates are relevant event today is c. c. 9ur 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. !he statement that argues that Constituent Assembly debates are not relevant today is b. b. !he conditions and challenges today are different from the time when the Constitution was made. !o read the ideas of Constitution makers and use them for our new times is trying to bring past in the present CiiD c. 9ur 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. !he 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 citi3ens. It is necessary to uphold these values as they are relevant to society in all ages. !he breakdown of Constitutional values would lead to chaos and endanger the rights of the citi3ens as well as the integrity of the country. Question 4: Explain the difference between the Indian Constitution and western ideas in the light of a. Enderstanding of secularism b. Articles 8=7 and 8=; c. Affirmative action d. Eniversal adult franchise

Answer : a. Indian secularism is based on principled distance whereas that of western secularism is based on mutual exclusion. In India- every religion is treated equally so that every citi3en can be treated equally and can en,oy a life of dignity. In the west- religion cannot interfere in matters of (tate and the (tate cannot interfere in matters of religion. b. !he articles 8=7 and 8=; give special rights to the state of %ammu and 5ashmir and the north. eastern states respectively according to their peculiar social and historical background. !his type of provision of accommodation is not found in western countries. c. Affirmative action in India is based on principle of social ,ustice without compromising on individual liberties. In India affirmative action was introduced two decades before it was introduced in E.(. d. Every Indian citi3en whose age is ;F years or above- is eligible to vote whereas in established democratic countries right to vote was extended to women and working class in the 17th century after a long struggle. Question 5: hich 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 c. that state can discriminate among religions d. that state will recognise rights of religious groups e. that state will have limited powers to intervene in affairs of religions Answer : d. that state will recognise rights of religious groups e. that state will have limited powers to intervene in affairs of religions Question 6: :atch the following. a. b. #reedom to criticise treatment of widows !aking decisions in the constituent assembly on the basis of reason- not self interest Accepting importance of community in an individualBs life Article 8=7 and 8=; i. ii. (ubstantive achievement $rocedural achievement

c.

iii. @eglect of gender ,ustice

d.

iv.

)iberal individualism

e.

Enequal rights to women regarding family property and children

v.

Attention to requirements of a particular region

Answer : a. b. #reedom to criticise treatment of widows !aking decisions in the constituent assembly on the basis of reason- not self interest Accepting importance of community in an individualBs life Article 8=7 and 8=; iv. ii. )iberal individualism $rocedural achievement

c.

i.

(ubstantive achievement

d.

v.

Attention to requirements of a particular region

e.

Enequal rights to women regarding family property and children

iii. @eglect of gender ,ustice

Question 7: !his discussion was taking place in a class. Aead the various arguments and state which of these do you agree with and why. %ayeshG I still think that our Constitution is only a borrowed document. (abaG 2o you mean to say that there is nothing Indian in it& 6ut is there such a thing as Indian and western in the case of values and ideas& !ake equality between men and women. hat is western about it& And even if it is- should we re,ect it only because it is western& %ayeshG hat I mean is that after fighting for independence from the 6ritish- did we not adopt their system of parliamentary government& @ehaG /ou forget that when we fought the 6ritish- we were not against the 6ritish as such- we were against the principle of colonialism. !hat has nothing to do with adopting a system of government that we wanted- wherever it came from. Answer : Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: !he arguments of (aba and @eha are correct that the idea of equality cannot be re,ected merely because it is of western origin. !he values that are a part of the Constitution are universal and thuscannot be discriminated as Indian or estern. It is also correct that while the 6ritish were un,ust in their policy of colonialism- there were certain principles of their governance that were modern and suitable as they allowed people to choose their own representatives. !hus- the positive values of 6ritish system should not be ignored on the basis of negative impact of 6ritish colonialism.

Question 8: hy is it said that the making of the Indian Constitution was unrepresentative& 2oes that make the Constitution unrepresentative& *ive reasons for your answer. Answer : Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: It said that the making of the Indian Constitution was unrepresentative because the members of the Constituent assembly were chosen by a restricted franchise and not by universal suffrage. It does not make the Constitution unrepresentative because it contains the aspirations and voice of every section of the nation. !he Constitution has also provided for a democratic system of government with a head of the republic. Question 9: 9ne of the limitations of the Constitution of India is that it does not adequately attend to gender ,ustice. hat evidence can you give to substantiate this charge& If you were writing the Constitution today- what provisions would you recommend for remedying this limitation& Answer : Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: It is true that there are inadequate provisions for gender ,ustice in the Constitution. !hough it is a fundamental right of every citi3en to be treated equally but there is no specification of the basis of gender but specification is made on religion- caste and class. Citi3ens cannot be exploited or discriminated on the basis of their caste- class- language and religion but there is no mention of gender. Aespect for women has been confined to the directive principles and womenBs rights are not specified so that they can be interpreted and defended by the ,udiciary. !he status of women within family has also been ignored in the Constitution. !hus- it makes no special privileges for almost half of the population while there are provisions for affirmative action for other socially backward groups and minorities. Pro%isions &or wo'en . #reedom of conscience and profession irrespective of the gender of the citi3en . Aight to liberty and personal freedoms specially speech and expression irrespective of the gender of the citi3en . :ove freely and safely throughout the territory of India . Aight to life and liberty . :inimum age of marriage. 1; years for both males and females . :aking education is must for girl child . Curbing practices like female infanticide and foeticide with harsh punishment for either . $rotection from domestic violence . $rotection from any kind of sexual harassment Question 10: 2o you agree with the statement that Hit is not clear why in a poor developing country- certain basic socio.economic rights were relegated to the section on 2irective $rinciples rather than made an

integral feature of our fundamental rightsI& *ive reasons for your answer. hat do you think are the possible reasons for putting socio.economic rights in the section of 2irective $rinciples& Answer : Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference: It is correct that basic socio.economic rights were relegated to directive principles. !hese 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. #or this reason- it is essential that the socio.economic requirements of all sections of society are met and all groups have equal opportunities. !he possible reason for putting socio.economic rights in the section of 2irective $rinciples was the lack of adequate resources in a newly independent nation. :aking socio.economic rights a feature of fundamental rights would have placed a burden on the state. 6esides- 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.