Constitution

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Question
ICSEENIPO12030287

Mention two demerits of a written constitution. 

Solution

i. A written constitution cannot easily cope with the changes taking place in course of time.

ii. The constitution needs revision or modification to deal with such changes, a written constitution, being rigid, is not easily amenable to necessary modification or revision.

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Question
ICSEENIPO12030297

Suggest any two measures to eradicate economic inequality. 

Solution

The measures:
i. Fixing Minimum Wage: One step that can be taken in the direction of more egalitarian society is to guarantee each citizen a minimum wage consistent with a minimum standard of living.

ii. Social Security: Another important measure is the introduction of a comprehensive social security scheme guaranteeing to each individual a minimum standard of economic welfare. The social security scheme that we envisage must include provision of free education, free medical and maternity aid, old-age pension, liberal unemployment benefits, sickness and accident compensation, provident fund and schemes of social insurance, etc.

Question
ICSEENIPO12030302

What is a constitution? Explain the role of conventions with two examples each from the written Constitutions of US and India.

Solution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.


A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describes. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government.

Question
ICSEENIPO12030303

What are rigid and flexible Constitutions? Discuss any two merits and any two demerits of a flexible Constitution. 

Solution

Rigid Constitution is a constitution embodied in a special and distinct enactment, the terms of which cannot be altered by ordinary forms of legislation. The U.S. Constitution, which cannot be changed without the consent of three-fourths of the state legislatures or through a constitutional convention, is of this type.

A flexible constitution is one that is easily influenced by change and is readily amended by general legislation.

Merits of Flexible Constitution:

i. It prevents internal revolts and revolutions: In a flexible constitution the nation is protected against internal revolts and revolutions. For instance, there have been fewer revolts and revolutions in England because of the flexible constitution of that country. The life of the people because of the flexible constitutions of that country.

The life of the people has not been disturbed there quite often, while in France, which is very close to England, monarchy has been abolished and so far five constitutions have been enacted because of revolutions and odd circumstances.

ii. Adjustment: Adaptability or elasticity is the chief merit of a flexible constitution. It enables the people to keep pace with changes in society. The British Constitution, for instance, has been able to undergo imperceptible alterations, apart from deliberate amendments in recent years. There has been a tremendous change in the powers of the monarch.

Demerits of Flexible Constitution:

i. Instability: A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. It is liable to fall a prey to the whims and caprices of political demagogues who are moved by passions and emotions rather than by reason.

ii. Instrument in the hands of the Judges: A flexible constitution becomes a plaything of judicial courts, because they interpret it according to their own will and give it a meaning of their own liking and choice.