The Philosophy Of The Constitution

A. The underlying value is equality and Justice. It treats children equally and provide them their inheritance right irrespective of their gender.

B. The value is economic justice.

C. The value is Secularism. This shows that government do not promote any specific religion.

D. The value is social Justice. No person should be deprived of basic ammeneties of living.

Democratic countries need a constitution to iii. Bring independence from colonial rule.

Every democratic country has their own constitution. Constitution is necessary to bring independence from colonial rule.

(i) The statement that argues that Constituent Assembly debates are relevant even today is

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 says that they are not relevant is

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

(ii) I agree to this statement (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.

It is correct to say that not knowing the reasons of constitutional practices could destroy them. The values that are enshrined in our constitution are universal and safeguards the rights of citizens. It is important to safeguard these values because the breakdown of thses values wold bring chaos in the society.

A. Understanding Secularism:

In Indian Constitution government could intervene in religious matters if it hinders right of any individual or section Whereas in Western country like USA religion is completely away from government intervention.

B. Articles 370 and 371. Art 370 and 371 grant special status to Jammu and Kashmir and North Eastern states respectively. Both the states have their own regional conflicts and issues; hence the status is provided. Whereas in Western Country there is no such provision.

C. Affirmative action in India is based upon social justice and it was launched in India much before than it was in US.

D. Universal adult franchise, this idea is same in both India and western countries. Every citizen who is above 18 years can vote.

The Principle of secularism are adopted in the Constitution of India:

D. that state will recognise rights of religious groups

E. that state will have limited powers to intervene in affairs of religions

The above principles are adopted because:

1. To safeguard the freedom of individuals.

2. To protect religious freedom of individuals, therefore, state must not help religious organisations.

3. This was because a person’s freedom and sense of self-respect was directly dependent upon the status of her community.

4. Religiously sanctioned customs such as untouchability deprived individuals of the most basic dignity and self-respect. Such customs were so deeply rooted and pervasive that without active state intervention, there was no hope of their dissolution. Thus, the state may help or hinder religious communities depending on which mode of action promotes values such as freedom and equality.

Explanation:

A. Liberal Individualism is done in the backdrop of a society where community values are often indifferent or hostile to individual autonomy.

B. The makers of the Constitution wanted to be as inclusive in their approach as possible. This open-ended approach indicates the willingness of people to modify their existing preferences.

C. Community is very vital in one’s life. Example the constitution made by few people of the community, which provided rights and guides us today from time to time.

D. Art 370 and 371 grants special status to Jammu and Kashmir and North Eastern states respectively. Both the states have their own regional conflicts and issues; hence the status is provided.

Jayesh: The statement made by Jayesh is not correct because though the features like Fundamental duties, Fundamental Rights or DPSPs are borrowed from different nations, but it’s not blind borrowing rather innovative borrowing. Adopting Parliamentary System was apt for a huge country like India.

Saba: The statement made by Saba is correct. The values that are part of constitution are universal and cannot be treated as Indian or Western. Like, right to equality is universal, we cannot devoid women of equal status by arguing that it is a western notion.

Neha: Neha’s statement is correct. When we fought the British, we were not against the British as such, we were against the principle of colonialism, that were the principles of governance.

Making of Indian Constitution was unrepresentative:

1. The representatives of the constituent Assembly were elected from restricted regions and not by universal suffrage.

2. The constituent assembly was not a sovereign body, as it was created by the proposals made by the British Government.

3. The assembly was dominated by the Congress party.

No, the above made criticism did not made the Constitution unconstitutional because it contains the ideas and aspiration of every section of people. The constitution provided the nation democracy with a head elected by the citizens.

It is true that the limitations of the Constitution of India is that it does not adequately attend to gender justice.

Some of the evidences of the lack of social justice are:

1. Fundamental right of every citizen to be treated equally, but the constitution has not specified gender, though caste, religion and class are specified.

2. Citizens cannot be exploited on the basis of caste, religion, class, language but there is no mention of gender.

3. Respect for women has been mentioned in Directive principle and not made a Fundamental Right.

If I would be writing a constitution then, following provision would have included:

1. Protection of any kind of sexual Harassment.

2. Compulsory elementary education for every girl Child.

3. Curbing practices like female infanticide and foeticide.

4. Move freely and safely throughout India.

Yes, it is correct that the socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our Fundamental Rights.

A country like India which is developing and 50% of the population is underprivileged and are devoid of basic amenities, hence it becomes necessary for the government to fulfil the potential of Human resources. It is essential that the socio-economic conditions are met, and all groups have equal opportunities.

The probable reasons for including these socio-economic rights were put under Directive principles are:

1. For a newly formed country India, it was difficult to accumulate massive resources and fulfil the human development.

2. Making Socio Economic Rights Fundamental Rights would have put burden on the government.

3. Several policies and norms were already made with planned development for the upliftment of the society.