SHIKHAR MAINS 2022 - DAY 7 Model Answer English
Q1. वे कौन से मूलभूत सिद्धांत हैं जिन पर हमारा संविधान आधारित है? लिखित दस्तावेज के रूप में उन्हें संहिताबद्ध करना क्यों महत्वपूर्ण था?
What are the fundamental principles on which our Constitution is based? Why was it important to codify them as written documents?
Approach-
· Briefly mention about the basic principles of the constitution with the help of some important words.
· Briefly describe the keywords of each important fundamental principle.
· Mention the importance of codifying the fundamental principles.
Answer -
The Preamble is known as the soul of the Indian Constitution. It reflects the fundamental values on which the Indian Constitution is built. The opening words of the preamble of the constitution 'We the people of India' give certain rights to the people and from whose will the constitution arose. The Preamble declares India to be a sovereign, socialist, secular, democratic republic.
1. Sovereignty - India is neither dependent on any nation nor accepts the sovereignty of any other nation. It is free to take decisions for its nation.
2. Democracy and Republic - The Constitution of India provides for representative parliamentary democracy. Its representatives are elected by the people by suffrage. Under this, the executive is responsible to the legislature for policies and actions. India is also a republic because political sovereignty is vested in the people and not in a hereditary person like the king.
3. Individual liberty - The Indian Constitution ensures individual liberty of citizens and non-citizens through fundamental rights.
4. Respect for Diversity and Minority Rights - The Indian Constitution encourages the recognition of community-based rights and the treatment of equality among different communities. Like minority communities have the right to establish and run their own educational institutions. Such institutions can also be financed by the government.
5. Social Justice - The concept of social justice is based on the equality of all human beings. According to which all human beings are equal. Everyone should get equal opportunity. No one should be discriminated against on social or religious grounds. In this context, the Indian Constitution takes various measures to protect the interests of different communities. The best example of this is the provision of reservation for Scheduled Castes and Scheduled Tribes in the Constitution. The framers of the Constitution believed that merely providing the right to equality was not enough to remove the age-old injustice faced by these groups or to give real meaning to their franchise.
6. Secularism – The Indian Constitution gives full freedom to all to adopt religious beliefs and practices. Secularism is the approach of keeping religion separate from the state. Although the word 'secular' was not mentioned in the beginning, the Indian Constitution has always been secular.
7. Universal Suffrage - The Constitution of India provides for the right of all adult citizens to vote without any discrimination on the basis of their religion, caste, sex or place of birth etc.
8. Federalism – The federal system was adopted by the Indian Constitution where the power is divided between the center and the states. However, some states have been granted special status because of their special status, such as Nagaland, under Article 371A.
The need for codification of the constitution in the form of a written document arose in a newly independent country like India due to the following reasons:
• A written constitution helps to clearly define the structure and functions of the state and its organs, declare its fundamental principles, establish governing institutions and regulate the relations between them.
• The executive does not have the authority to change the written constitution without the arduous process of amending the constitution - a process specified in the constitution itself. It ensures that it is the Constitution, which is supreme.
• In a federal system, a written constitution is required as it helps to clearly specify the mechanism of sharing of power at different levels of government. Further, provisions affecting the distribution of powers between the Center and the states can be amended only with the consent of at least half of the states.
• A written constitution helps to determine the limits of the powers of the government and to specify certain fundamental rights of the citizens which cannot be encroached upon.
• It generates a degree of trust and coordination which is necessary for different sections of the society to live in harmony.
The written constitution includes all forms of freedom along with political, economic and social justice for the citizens. The Preamble gives a message to the citizens to ensure the respect of the individual and the unity and integrity of the country through mutual brotherhood and fraternity.
Q2. भारतीय संविधान तत्वों और मूल भावना में अद्वितीय है"। दिए गए कथन के आलोक में भारतीय संविधान की मुख्य विशेषताओं पर चर्चा कीजिए।
"The Indian Constitution is unique in elements and basic spirit". Discuss the salient features of the Indian Constitution in the light of the given statement.
Approach-
· Write 2-3 lines about the uniqueness of the Indian Constitution in the article.
· Discuss the various salient features of the Constitution.
Answer -
The uniqueness of the Indian Constitution rests on the fact that it is the largest written constitution in the world and it has judicious provision of flexibility and rigidity, asymmetric federal system etc.
Salient features of the Indian Constitution -
1. Synthesis of Parliamentary Sovereignty and Judicial Supremacy - The framers of the Indian Constitution have preferred a proper synthesis between the principle of parliamentary sovereignty of the British and the principle of judicial supremacy of America. The Supreme Court, on the one hand, through its power of judicial review can declare parliamentary laws unconstitutional and on the other hand, the Parliament can amend a large part of the constitution through its constitutional power.
2. Integrated and independent judiciary - The Supreme Court is at the apex of the integrated judicial system in the country. Below this are the High Courts at the state level. Under a High Court, there is a hierarchy of subordinate courts. i.e., district courts and other lower courts. This single system of courts enforces the central laws as well as the state laws.
· The Indian Constitution is the most detailed, comprehensive and written document in the world.
· Although the Indian Constitution has been made by taking progressive elements out of various constitutions of the world. Dr. BR Ambedkar praised that the Constitution of India has been made out of all the known constitutions of the world'.
3. Mixture of rigidity and flexibility - Some provisions of the constitution can be amended by special majority, such as constitutional amendment, provisions related to the election of the President, provisions related to federal structure, etc. And some provisions of the constitution in the Parliament can be amended through ordinary legislative process. Such as change in the names of the states.
4. Solidarity with Federalism - The word 'Federation' is not used anywhere in the Constitution. However, Article 1 declares India to be a 'Union of States', which means that:
· First, the Indian Union is not the result of the agreement of the States;
· Second, no state has the right to secede from the federation. For this reason, Indian federalism is also known as quasi-federalism.
5. Parliamentary Form of Government - Features of Parliamentary Government in India are:
o Nominal and real executive
o Majority party rule,
o Collective responsibility of the executive towards the legislature,
o Membership of ministers in the legislature,
o The leadership of the Prime Minister or Chief Minister,
o Dissolution of the lower house (Lok Sabha or Vidhan Sabha).
6. Secular State - The word secularism in the Preamble and Articles 14, 15, 16, 25 reveal the secular character of the Indian state.
7. Single Citizenship - Unlike the United States of America, there is a provision for single citizenship in India, irrespective of the state they were born or reside in.
Constitution is the fundamental law of any country which determines the outline and main functions of the various organs of government. At the same time, it also establishes the relationship between the government and the citizens of the country, along with it, through mutual brotherhood and fraternity, gives the message of respect for the individual and ensuring the unity and integrity of the country. The purpose of fraternity is to remove obstacles like communalism, regionalism, casteism and linguism.
