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The Philosophy Of The Constitution

Question
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Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.[

Solution

An important criticism of the Indian Constitution is that it is unrepresentative. Indian Constitution was framed by a Constituent Assembly constituted in November, 1946 through indirect election of its members by provincial legislatures under the provisions of Cabinet Mission Plan 1946. The Assembly consisted of a total 389 members of which 292 were to be elected from the Provinces, 93 were to be nominated from Princely States and four members were to be nominated from Chief Commissioner's areas. Each Provincial Assembly elected its members for the Constituent Assembly through the single transferable vote system. The method of representation in Princely States was to be decided with their consultation. The Mount Batten Plan of 3rd June 1947 announced partition of the country. So the membership of the Indian Constituent Assembly was reduced to 299 after partition and only 284 members signed the Constitution on 26 Nov. 1949.

Some constitutional experts do not recognize the Constituent Assembly as sovereign body as it was created through the proposals of British Government. But after India became independent on Aug. 15, 1947, the Constituent Assembly functioned as sovereign entity for all practical purposes. Hence we see that Indian Constitution is indeed unrepresentative because the members of the Constituent Assembly were chosen by a restricted franchise and not by universal suffrage. But if we see and read the debate, that took place in the Constituent Assembly, we find that a vast range of issues and opinions were mentioned, members raised matters related to various social sections.

Some More Questions From The Philosophy Of The Constitution Chapter

Why do we need a secular country in modern times?

Write a short note on Judicial Review.

“India is a Union of States.” Discuss.

The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons.

(a) Both daughters and sons will have share in the family property.

(b) There will be different slabs of sales tax on different consumer items.

(c) Religious instructions will not be given in any government school.

(d) There shall be no begar or forced labour.

Which of the options given below cannot be used to complete the following statement?
Democratic countries need a Constitution to

Which of the following principles of secularism are adopted in the Constitution of India?

What are the unique features of Indian Constitution?

“The Indian Constitution had been encouraging equal respect between communities.” Do you agree or disagree with the statement? Explain your decision briefly.

What are the Fundamental Duties given in the Indian Constitution? Discuss the Fundamental Duties of the Indian citizens.

Or

Define 'Duty’.

Or

What are the fundamental duties. Write any two fundamental duties of the Indian Citizen.

This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why.

Jayesh: I still think that our Constitution is only a borrowed document.

Saba: Do you mean to say that there is nothing Indian in it? But is there such thing as Indian and Western in the case of values and ideas? Take equality between men and women. What is Western about it? And even if it is, should we reject it only because it is Western?

Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government?

Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.