Social And Political Life Chapter 1 The Indian Constitution

A democratic country needs Constitution because it serves several purposes, which are mentioned below:

(i)It lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in

(ii)It helps serve as a set of rules and principles that all persons from different communities in a country can agree upon as the basis of the way in which they want the country to be governed

(iii)It serves as an agreement on certain ideals that all citizens believe, the country should uphold.

In the 1990 Constitution of Nepal, it was the king who exercised the Executive Power, while in the 2007 Interim Constitution of Nepal it is the Prime Minister, the leader of the representatives of the people, exercised the executive power.

The change was essential in the context of change of government form monarchy to democracy.

If there were no restrictions on the power of elected representatives, than there would have been the possibility that these leaders might had misused their authorities.

Female teachers are in minority.

it is important to cater even to the female teacher methods of teaching.

Buddhists are in minority.

They have full right to practice their religion.

Non-vegetarians are in minority.

They have the rights to have the food of their choice.

10 students belonging to not so well off families are the minority

Everyone should avail the oppurtunity to develop their talents.

C.

Baba Saheb Dr. Ambedkar

A.

Dr. Rajendra Prasad

B.

Presidential form of Government

D.

Right to Constitutional Remedies

C.

2007

legislature

executive

judiciary

democratic

universal adult suffrage

trafficking

forced labour

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Constituent Assembly

Federalism refers to the existence of more than one level of government in the country like Central, State and Panchayti Raj in case of India. Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well. All persons are governed by laws and policies made by each of these levels of government.

Following are the Fundamental Rights mentioned in the Indian Constitution:

(i)Right to Equality

(ii)Right to Freedom

(iii)Right against Exploitation

(iv)Right to Freedom of Religion

(v)Cultural and Educational Rights

(vi)Right to Constitutional Remedies

Right to Equality:

(i)All persons are equal before the law. This means that all persons shall be equally protected by the laws of the country.

(ii)It also states that no citizen can be discriminated against on the basis of their religion, caste or sex. Every person has access to all public places including playgrounds, hotels, shops etc.

(iii)The State cannot discriminate against anyone in matters of employment. But there are exceptions to this that you will read about later in this book. The practice of untouchability has also been abolished.

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The Right against Exploitation prohibits trafficking, forced labour, and children working under 14 years of age.

It has often been referred to as the conscience of the Indian Constitution.

Fundamental Rights protect citizens against the arbitrary and absolute exercise of power by the state.

The word ‘State’ refers to a political institution that represents a sovereign people who occupy a definite territory.

This term is used to distinguish the country from the government. It does not refer to State Governments. For example, the Indian State, which has a democratic form of government.

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Members of the Constituent Assembly feared that the executive might become too strong and ignore its responsibility to the legislature.

The Assembly, included a number of provisions in the Constitution to limit and control the action taken by the executive branch of government as a whole.

A secular state is one in which the state does not officially promote any one religion as the state religion.

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The reason that people of Nepal do not want to continue with the previous Constitution is because it does not reflect the ideals of the country that they want Nepal to be, and that they have fought for.

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The key features of the Indian Constitution are explained below:

(i)Federalism- Our Constitution has provided for a federal form of government. This means that we have government at the state level and at the centre. Panchayati Raj is the third tier of government. India is a large country with a vast number of communities living together in it. It was important to have another level of government in states so that decisions could be made for that particular area. While each state in India enjoys autonomy in exercising powers on certain issues, subjects on national concern require that all of these states follow the laws of the central government. Under federalism, the states are agents of the federal government and they draw their authority from the Constitution.

(ii)Parliamentary form of Government - The different tiers of government consists of representatives who are elected by the people. The Constitution of India guarantees universal adult franchise for all citizens. This means that people of India have a direct role in electing their representatives. At the same time, every citizen of the country, irrespective of his/her social background, can also contest in elections. These representatives are accountable to the people.

(iii)Separation of Powers - There are three organs of the state—the legislature, the executive and the judiciary. In order to prevent the misuse of power by any one branch of the state, the Constitution says that each of these organs should exercise different powers. In this way, each organ acts as a check on the other organs of the state and this establishes a balance of power between the three.

(iv)Fundamental Rights - Fundamental Rights are called the conscience of the Indian Constitution. These Rights protect against the absolute exercise of power by the state. The Constitution thus guarantees the rights of individuals against the state as well as against other individuals.

(v)Secularism - It is an important feature of our Constitution. A secular state is one in which the state does not officially promote any one religion as the state religion.

The six Fundamental Rights mentioned in the Constitution are described below:

(i)Right to Equality-All persons are equal before the law. This means that all persons shall be equally protected by the laws of the country. It also states that no citizen can be discriminated against on the basis of their religion, caste or sex. Every person has access to all public places including playgrounds, hotels, shops etc. The State cannot discriminate against anyone in matters of employment. But there are exceptions to this that you will read about later in this book. The practice of untouchability has also been abolished.

(ii)Right to Freedom- Everyone has the right to freedom of speech and expressions, the right to move freely and reside in any part of the country and the right to practise any profession, occupation or business.

(iii)Right against Exploitation-The Indian Constitution prohibits trafficking, child labour and children working under 14 years of age.

(iv)Right to Freedom of Religion- Everyone has the right to enjoy religious freedom. It means that everyone has the right to practise, profess and propagate the religion of their choice.

(v)Cultural and Educational Rights.-Our Constitution states that all minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture.

(vi) Right to Constitutional Remedies- A person has the right to go to the court for justice if he feels that his Fundamental Rights are being violated.

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The term ‘constitutive’ means fundamental. One example of constitutive rules—

A footballer should not touch the ball with his hand. This is a constitutive rule of the game of football.

Nepal, by moving from a monarchy to a democratic government, needs to change all its constitutive rules in order to usher in a new society.

The ministers misuses his power in the following situations:

(b) threatens to send his security staff to rough up his neighbour;

(c) calls up the police station asking them not to register a complaint that is likely to be filed against his relative.

Government’ is responsible for administering and enforcing laws. The government can change with elections.

The State on the other hand refers to a political institution that represents a sovereign people who occupy a definite territory.

Example: The Indian State, the Nepali State etc. The Indian State has a democratic form of government. The government (or the executive) is one part of the State. The State refers to more than just the government and cannot be used interchangeably with it.

(i)Right against Exploitation

(ii)Right to Freedom

(iii)Cultural and Educational Right

(iv)Right to Equality.