How long did Machal Lalung remain in judicial custody without trial?
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54 years.
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How long did Machal Lalung remain in judicial custody without trial?
54 years.
What relationship constitutes the national identity of a country?
The relationship between different regions of a nation and the central government.
How did the framers ensure that borrowed provisions were suitable for India?
Each provision had to be defended on grounds that it was suited to Indian problems and aspirations.
What is a key factor for a constitution to command allegiance?
It must convince people that it provides a framework for pursuing basic justice.
What was a key aspect of the members' deliberations in the Constituent Assembly?
Members deliberated with the interests of the whole nation in mind, not just their own communities.
What electoral system does the Indian Constitution adopt from the British Constitution?
First Past the Post.
What new conception of citizenship did the Constitution promote?
Citizenship rights irrespective of religious identity.
Are fundamental rights absolute in the Indian Constitution?
No, they can be subjected to reasonable restrictions.
Which option is not a function of the constitution?
It ensures that good people come to power.
What must the government do regarding inequalities in income and wealth?
The government must try to reduce inequalities.
What did Dr. B.R. Ambedkar suggest about the novelty of a constitution framed later in history?
The only new aspect would be variations made to address failures and accommodate the needs of the country.
How do constitutional norms function in society?
They provide an overarching framework for pursuing individual aspirations and set authoritative constraints on actions.
What significant challenge did the framers of the Indian Constitution face?
Drafting the Constitution amid the violence of Partition.
What is one of the primary functions of a constitution?
To enable the government to fulfill the aspirations of society and create conditions for a just society.
What is one method of intelligently designing a constitution?
Fragmenting power across different institutions to avoid monopoly.
What is a common characteristic of most modern constitutions?
They create a form of government that is democratic and claim to protect certain basic rights.
How long did the Indian Constituent Assembly meet?
For one hundred and sixty-six days, spread over two years and eleven months.
What can the judiciary declare if executive or legislative actions violate fundamental rights?
They can declare them illegal.
What situation exemplifies a violation of the Right to Equality?
Swadesh Kumar's friend being served tea in an earthen cup because of his caste.
How many members were present in the Constituent Assembly on 26 November 1949?
284 members.
What do the Directive Principles of State Policy aim to achieve?
They enjoin the government to fulfill certain aspirations of the people.
What violation did the construction workers face during the Asian Games construction?
They were kept in poor working conditions and paid less than the minimum wages.
How do constitutions around the world differ?
They differ in the form of government and procedural details but share common political and moral values.
What role does the Speaker play in the Indian Parliament?
The Speaker facilitates parliamentary proceedings.
Did the framers of the Indian Constitution simply imitate other constitutions?
No, they borrowed provisions suited to Indian problems and aspirations, rather than slavishly imitating.
What is the primary purpose of a constitution according to Chapter 1?
To agree on certain basic norms and principles that constitute one's basic political identity.
What is a common criticism of the Constitution mentioned by Rajat?
It is considered outdated and its language is tough to understand.
What action can the government take regarding fundamental rights?
Impose reasonable restrictions on their exercise.
What does a successful constitution provide to society?
It gives everyone in society some reason to go along with its provisions.
Which provision of the Constitution was passed without debate?
The introduction of universal suffrage.
How many major Committees did the Constituent Assembly have?
Eight major Committees on different subjects.
What balance does the Indian Constitution aim to strike?
Between preserving core values and adapting to new circumstances.
What was the significance of the nationalist movement in the making of the Indian Constitution?
It provided a background consensus on the principles that the Constitution should enshrine.
What was the approach of the framers of the Indian Constitution towards other countries' constitutions?
They were open to learning from experiments and experiences of other countries.
Who drew up the Indian Constitution?
People who enjoyed immense public credibility and respect.
What section of the Indian Constitution has provisions supported by the Preamble?
Fundamental Rights.
Was the Indian Constitution subjected to a referendum?
No, it was not subjected to a referendum.
How can constitutions be subverted?
Not by the people, but by small groups wishing to enhance their own power.
Which foundational idea regarding governance is influenced by the British Constitution?
The rule of law.
What do constitutions empower the government to do?
Pursue the collective good of society.
What decision did the Supreme Court make regarding the construction workers' wages?
The court directed the government to ensure that workers receive the prescribed wages.
What would be the implication if the Constituent Assembly was elected by universal suffrage?
It could have significantly changed the formation and outcome of the Constitution.
What does the Indian Constitution enshrine?
Fundamental values and highest aspirations shared by the people.
What is considered the supreme law that everyone has to obey?
The Constitution.
What was the main purpose behind the lengthy search during the making of the Constitution?
To create stable institutions that accommodate the long-term aspirations of the people of India.
How does Rajat express his feelings about the Constitution?
He feels that no one took his consent for implementing it and questions why he should obey it.
What is the right to equality in the Indian Constitution?
Includes equality before law, equal protection of laws, prohibition on discrimination, and equal access to public places.
How many constitutions has Nepal had since 1948?
Five constitutions.
What does universal suffrage mean?
All citizens reaching a certain age are entitled to vote, regardless of religion, caste, education, gender, or income.
What is prohibited under the right against exploitation?
Forced labour and employment of children in hazardous jobs.
What is essential for a constitution's adaptability?
It should strike a balance between authoritative norms and flexibility.
If you were the teacher, how might you respond to Rajat's question?
You could explain that the Constitution is a living document that evolves with society and serves to protect rights and maintain order.
What did some groups in Nepal demand regarding the monarchy?
Abolition of the monarchy and establishment of a republican form of government.
What did the Communist Party of Nepal (Maoist) advocate for?
A popularly elected constituent assembly.
What is a 'bill of rights'?
A list of rights mentioned and protected by the constitution.
Who has the power to appoint the Prime Minister in India?
The President.
What was the perception of the Indian Constitution among the people?
It was seen as an instrument not for personal power but for the public good.
Is Indian citizenship limited to specific races, castes, or religions?
No, Indian citizenship is not limited to people of any race, caste, or religion.
What significant issues were debated in the Constituent Assembly?
Centralized vs. decentralized government, relations between States and the center, powers of the judiciary, and property rights.
How is the debate in the Constituent Assembly viewed in the context of history?
As one of the most significant chapters in constitution making, equal in importance to the French and American revolutions.
What is the crucial question regarding constitutions around the world?
How effective is a constitution and what makes it effective?
Why is the authority of the constitution considered higher than that of the parliament?
Because the constitution specifies how parliament is to be formed and its powers.
Who were some of the notable chairpersons of the Committees?
Jawaharlal Nehru, Rajendra Prasad, Sardar Patel, Maulana Azad, and Ambedkar.
What was a major issue regarding the constitution in Nepal?
The role of the monarchy.
What makes India's Constitution successful?
It was created in the aftermath of a popular national movement and drew legitimacy from the nationalist movement.
What does the voluminous debates in the Assembly signify?
A testament to the democratic commitment of the Assembly members.
What fundamental commitments did the Indian Constitution seek to establish?
Equality, liberty, democracy, sovereignty, and a cosmopolitan identity.
What did the constitutional guarantee of the right against exploitation ensure?
Justice to workers by ensuring they received their rightful wages.
What principles does the Indian Constitution incorporate from the French Constitution?
Liberty, Equality, and Fraternity.
What happened when the National Human Rights Commission intervened in Machal's case?
Machal was released from custody.
What type of federalism is adopted by the Indian Constitution from the Canadian Constitution?
A quasi-federal form of government.
What principles will the last chapter of the book address?
The principles of justice underlying the Indian Constitution.
What does Part Three of the Indian Constitution list?
The Fundamental Rights and the limits on these rights.
What happens if a constitution allows permanent majorities to oppress minorities?
Minorities would have no reason to abide by the constitution.
Why has India's Constitution survived while many others have perished?
It is intricately crafted and embodies the values and aspirations of the people.
What is the significance of preserving freedom and equality in a constitution?
The more it preserves these values, the more likely it is to succeed.
What moral aspect does a constitution provide to individuals?
It gives individuals a moral identity by defining fundamental values.
What comparison can be made between the Fundamental Rights in India and the South African Constitution?
Compare common rights, rights available in South Africa but not in India, and implicit rights in India.
What is the Indian Constitution described as?
A 'living' document.
How does the Indian Constitution fragment power?
Across different institutions like the Legislature, Executive, and Judiciary.
What percentage of seats did the Congress occupy in the Assembly after Partition?
82%.
When was the South African Constitution inaugurated?
December 1996.
What freedoms are provided under the right to freedom of religion?
Freedom of conscience, profession, managing religious affairs, and giving religious instructions.
What document encapsulated the aspirations and values behind the Indian Constitution?
The Objectives Resolution moved by Nehru in 1946.
What does the right to constitutional remedy allow individuals to do?
It allows individuals to move to the courts for the issuance of writs.
What happens to people when a constitution exists only on paper?
The text does not specify consequences, raising concerns about the lack of real impact.
What was the approach to addressing arguments or concerns during the Assembly's debates?
Every argument, query, or concern was responded to with great care.
What does Machal's case illustrate about constitutional rights?
It shows the consequences when rights granted by the Constitution are not available in practice.
What event led to the reduction in members of the Constituent Assembly?
The Partition under the plan of 3 June 1947.
What scenario illustrates a violation of gender equality in media?
Female newsreaders being barred from reading news while male counterparts are not.
What is a constitution?
A compact document that comprises a number of articles about the state, specifying how it is to be constituted and what norms it should follow.
What is a unique aspect of the Indian Constitution?
It has become an exemplar for many other constitutions, particularly South Africa.
What argument does Harbans make about the Indian Constitution?
He argues that it has succeeded in providing a framework for democratic government.
How did the composition of the Constituent Assembly aim to be representative?
Members of all religions and 26 from Scheduled Classes were included.
What significant change was introduced in Nepal's 1990 constitution?
It introduced multi-party competition.
From which constitution does India borrow the idea of a Charter of Fundamental Rights?
The United States Constitution.
What happens to constitutions crafted by unpopular military leaders?
They often remain defunct and ineffective.
What does Article 16 (4) of the Indian Constitution allow the State to do?
It allows the State to reserve appointments or posts for any backward class of citizens that is not adequately represented in State services.
How did members of the Constituent Assembly ensure their arguments were convincing?
By providing principled reasons for their positions, moving beyond narrow self-interest.
How does a constitution express the identity of a people?
By agreeing to a basic set of norms about governance and collective identity.
What does the Right to Equality aim to eliminate?
It aims to eliminate discrimination based on caste, creed, color, sex, religion, or place of birth.
What kind of access does the Right to Equality guarantee?
It guarantees equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats, and places of worship.
What was the outcome of popular agitation in Nepal?
The King had to install a government acceptable to the agitating parties.
What type of authority does the Constituent Assembly have?
It derives authority from its broad representation and the procedures adopted to frame the Constitution.
What did the Assembly demonstrate in its outlook during the framing of the Constitution?
It was not parochial; it aimed to take the best available ideas from around the world.
What was the role of the Constituent Assembly in the Indian Constitution?
To scrutinize and debate each clause of the Constitution.
Do all countries have a single document called a constitution?
No, some countries like the United Kingdom have a series of documents and decisions referred to collectively as the constitution.
What is 'begar'?
It refers to forced labor, which violates the Fundamental Right against exploitation.
What concern does Neha raise about the Constitution?
She states that it made promises of liberty, equality, and fraternity, which have not been fulfilled, indicating a failure.
What factors contribute to the effectiveness of a constitution?
The mode of promulgation, who crafted the constitution, and the authority they had.
What is 'public reason' as used in the context of the Constituent Assembly?
It refers to the emphasis on discussion and reasoned argument among members.
What challenges did the writing of the new Iraqi constitution face?
It faced conflict between different ethnic groups in the country.
What does the South African Constitution say about its Bill of Rights?
It is a cornerstone of democracy in South Africa.
What is the significance of writing down aspirations in a constitution?
It poses the challenge of ensuring that they can change the lives of the people.
How long did the process of making the Constitution take?
Almost three years.
What do the substantive provisions of the Constitution represent?
They are inspired by the values in the Objectives Resolution.
What type of rights does the South African Constitution grant to its citizens?
Perhaps the most extensive range of rights.
What idea regarding governmental powers is influenced by the Canadian Constitution?
The idea of Residual Powers.
How has the scope of rights in India changed over the past fifty years?
The scope of rights has changed and in some respects, expanded.
What does the right to liberty encompass?
Includes rights such as freedom of speech, assembly, association, movement, and the right to reside anywhere in India.
How does the Indian Constitution differ from the German Constitution regarding citizenship?
The Indian Constitution does not use ethnic identity as a criterion for citizenship, while the German Constitution does.
What was a common challenge among the leaders in the Constituent Assembly?
They did not always agree on many issues, particularly Ambedkar's criticisms of Congress and Gandhi's efforts for Scheduled Castes.
What are the risks of a rigid constitution?
It is likely to break under the weight of change.
What three questions can be asked to determine the authority of a constitution?
What opportunities does the right to equality provide in employment?
It ensures equality of opportunity in employment.
What limitation does the Right to Equality place on the conferral of titles?
It states that the State shall confer no title except to those who excel in military or academic fields.
What question is raised about the treatment of rights based on social status?
Would Machal's rights have been violated if he were a rich and powerful man?
What is indicated by the term 'fundamental rights' in the constitution?
They are so important that they are separately listed and have special provisions for protection.
What manifestations of inequality does the Indian Constitution address?
It addresses discrimination based on caste and gender as clear examples of inequality.
How are fundamental rights different from ordinary legal rights?
Fundamental rights are protected and guaranteed by the constitution, while ordinary rights are protected by ordinary law.
What role do the territories forming the Union have?
They shall be autonomous units exercising all powers and functions of government except those assigned to the Union.
What safeguards are provided for minorities and backward classes?
Adequate safeguards for minorities, backward and tribal areas, and other backward classes.
What responsibilities does the Constitution of South Africa assign to the government?
Promote conservation of nature, protect against unfair discrimination, and ensure adequate housing and healthcare.
What was Machal Lalung accused of?
Causing grievous injuries.
What does the Indonesian Constitution mandate regarding education?
Establish and conduct a national education system and ensure care for poor and destitute children.
What significant threat did South Africa face during the creation of its Constitution?
The threat of civil war after the dissolution of the Apartheid government.
What cultural and educational rights are granted to minority groups?
Protection of language and culture, and the right to establish educational institutions.
On what grounds does the South African Constitution forbid discrimination?
Race, gender, pregnancy, marital status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language, and birth.
What is the significance of the abolition of untouchability in the Indian Constitution?
It prohibits discrimination based on the caste system.
What concept does the Indian Constitution embody beyond mere rules?
A moral commitment to establish a government fulfilling the promises of the nationalist movement.
How does the Preamble of the Indian Constitution describe equality?
It mentions the commitment to ensure equality of dignity and status among all citizens.
What identity does a constitution provide to its citizens?
A new identity.
Why is clear demarcation of powers necessary in a constitution?
To prevent abuse of power and maintain order.
What perspective does Nazima offer regarding the Constitution's performance?
She believes that the Constitution has not failed; rather, the people have failed to uphold it.
What ensures that the Indian Constitution will survive and command respect?
The balance between the possibility of changes and limits on such changes.
What power related to judicial processes is influenced by the U.S. Constitution?
Power of Judicial Review.
Which country's constitution influenced the Directive Principles of State Policy in India?
Irish Constitution.
What do people do if they find out their constitution is not just?
The text does not specify actions, prompting the question of people's responses.
What happened to the King of Nepal in October 2002?
He took over all powers.
What historical practice does the Right to Equality seek to abolish?
It seeks to abolish the practice of untouchability.
Why is a bill of rights important in a democracy?
It ensures that individuals have certain rights recognized by the government.
What might lead to violations of an individual's rights by the government?
The actions of government organs like the legislature, executive, or judiciary.
Who has the responsibility to protect fundamental rights from violations in South Africa?
The judiciary.
What type of government does the Constituent Assembly advocate for?
A democratic government committed to the welfare of the people.
How were the members of the Constituent Assembly elected?
By indirect election by the members of the Provisional Legislative Assemblies.
What did Rajendra Prasad refer to the idea of a Constituent Assembly as?
An article of faith in politically-minded classes.
What was usually attempted during the debates in the Constituent Assembly?
To reach a consensus to ensure no particular interests were harmed.
What right does the Indian Constitution grant every citizen concerning trials?
The right to 'life and liberty,' which includes the right to a fair and speedy trial.
Who made the Indian Constitution?
The Constituent Assembly elected for undivided India.
What is the main purpose of a constitution?
To set limits on the powers of the government and ensure a democratic system in which all persons enjoy certain rights.
What was realized by leaders during India's freedom struggle?
The importance of rights and the need for their respect by rulers.
What must occur to change a fundamental right?
It requires an amendment to the Constitution itself.
How is a bill of rights similar to a warranty card?
Both serve as a guarantee of protection against violations.
What must be maintained according to the Objectives Resolution?
The territorial integrity of the Republic and its sovereign rights on land, sea, and air.
Are constitutions only required in democratic countries?
False.
What was the minimum number of seats allotted to princely states?
93 seats.
Who echoed the demand for the Constituent Assembly in 1946?
Dr. Rajendra Prasad.
What does the ability of a constitution to command allegiance depend on?
Whether the constitution is just.
What will you learn about Fundamental Rights in this chapter?
The various Fundamental Rights listed in the Constitution, how they are protected, the role of the judiciary in protecting these rights, and the difference between Fundamental Rights and Directive Principles of State Policy.
What is a key difference discussed in this chapter?
The difference between Fundamental Rights and the Directive Principles of State Policy.
Did the Constituent Assembly truly represent the Indian people?
Incorrect; it was not elected by all citizens.
Was there originality in the Indian Constitution?
Correct; much of it was borrowed from other countries.
How were the seats in each Province distributed among communities?
In proportion to their respective populations: Muslims, Sikhs, and General.
What method was used for the election of representatives from each community?
Proportional representation with single transferable vote.
Why must a constitution place limitations on rulers?
To protect citizens' rights and prevent tyranny.
From whom does a constitution protect the rights of the individual?
From threats posed by other individuals or private organizations.
How were seats allocated to provinces and princely states in the Constituent Assembly?
Proportional to their respective population roughly in the ratio of 1:1,000,000.
What could happen without a clear demarcation of powers?
Potential abuse of power and confusion in governance.
What role does the special constitutional court play in South Africa?
It enforces the rights enshrined in the constitution.
Does a constitution exclusively serve as a legal document?
False; it also deals with ideals and values.
What historical demand was made by the Motilal Nehru committee in 1928?
A bill of rights for the people.
From where does the authority of sovereign India and its constitution flow?
From the people.
What guarantees are provided to the people of India?
Social, economic and political justice, equality of status and opportunity, and fundamental freedoms.
What is essential for the effectiveness of a constitution?
A balanced arrangement of the institutions of government.
What form of government was adopted by the Constituent Assembly?
The parliamentary form and federal arrangement.
What does a constitution typically outline?
The formation and power of the government.
How many members were elected from the provinces under direct British rule?
292 members.
What is the nature of India as stated in the Objectives Resolution?
India is an independent, sovereign republic.
What role does the judiciary play concerning Fundamental Rights?
The judiciary protects and interprets these rights.
Was there general consensus among leaders about the basic framework of the Indian Constitution?
Incorrect; there were major decisions involved.
What was required for the selection of representatives from princely states?
Determined by consultation.
What concept did Dr. Rajendra Prasad associate with swaraj?
Wishes of the people expressed through freely chosen representatives.
What territories form the Union of India according to the Objectives Resolution?
Erstwhile British Indian territories, Indian States, and other parts willing to be part of the Union.
What commitment does the land have towards the world?
Full and willing contribution to the promotion of world peace and welfare of mankind.
When was the Constituent Assembly for divided India re-assembled?
14 August 1947.
How does the Indian Constitution distribute power?
In a manner that makes it difficult to subvert it.
What role does the Constitution play in people's hopes and aspirations?
It serves as the locus of their hopes and aspirations.
What was a potential issue with the Japanese Constitution post-WWII?
It may not have included provisions contrary to US government preferences.
What plan shaped the composition of the Constituent Assembly?
The plan proposed by the Cabinet Mission of the British cabinet.
Who were the creators of the Indian Constitution?
Credible leaders who commanded people's respect.
Can there be a constitution that gives no power to citizens?
No; such a constitution would undermine democratic principles.
Which article of the Indian Constitution clarifies that reservation policies do not violate the right to equality?
Article 16(4).
What should be considered when deciding if the case from the postcard involves a violation of Fundamental Rights?
Whether the actions against the dalit community violate their rights to dignity and equality.
What action can be ordered by the government in the case involving the dalit community?
The government should ensure the protection of the victims and implement measures to prevent such discrimination.
What incident is reported from Puri district regarding the dalit community?
Four women from the dalit community were beaten and paraded naked as revenge for refusing to follow a custom of washing feet during marriage ceremonies.
What does equality of opportunity mean in the context of the Indian Constitution?
It means that all sections of society enjoy equal opportunities.
How does the Indian Constitution address social inequalities regarding equal opportunities?
It allows the government to implement special schemes for certain sections of society such as children, women, and socially and educationally backward classes.
What is the purpose of reservations in jobs and admissions according to the Indian Constitution?
Reservations are meant to improve the conditions of disadvantaged sections of society and are not a violation of the right to equality.