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The Philosophy Of The Constitution

Question
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One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?

Solution

The Constitution of India has some limitations also. It cannot be said that it is a perfect and lawless document. Given the social conditions within which the Constitution was made, it was only natural that there may be many controversial matters, that there would be many areas that needed careful revision. There are many limitations to this Constitution. One of the most important limitations, it appears to have glossed over some important issues of gender justice; particularly within the family. It does not adequately attend to the gender justice. There are unequal rights to women regarding family property and children. Certain basic social economic rights were relegated to the section on Directive Principles rather than made an integral feature of Fundamental Rights. Equal pay for the equal work for both men and women will be secured by the state. It was given in Directive Principles and not in Fundamental Rights. If I were writing the Constitution today I would recommand some provisions for the empowerment of women. I would like to make equal pay for equal work for men and women, a fundamental right and consequently delete it from the directives. I would like to clearly enunciate the inheritence of property and make women equal to men. Just like the reservation of seats for disadvantaged sections, I would like to make the provisions for reservation of at least thirty three percent seats for women in the central and State Legislatures.

Some More Questions From The Philosophy Of The Constitution Chapter

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.

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