03. Multiculturalism / Rule of Law / Separation of Power Flashcards

1
Q

What is multiculturalism?

A

Multiculturalism is a perspective that recognizes and values the unique contributions of different cultures, races, and ethnicities within a society. It emphasizes the importance of respecting and acknowledging diversity within a larger, often dominant, political context.

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2
Q

Describe the “Melting Pot” theory of multiculturalism.

A

The Melting Pot theory suggests that people from diverse cultural backgrounds come together and assimilate, ultimately blending to form a new, homogenous culture. Old identities fade away, replaced by a shared new identity. This process is often considered irreversible. The United States is a common example cited for this model.

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3
Q

Describe the “Salad Bowl” theory of multiculturalism.

A

The Salad Bowl theory posits that people of different cultures can integrate and form new identities while still retaining their original cultural distinctions. It’s like a salad, where diverse ingredients come together but maintain their individual characteristics. This model is often seen in countries like India or Canada.

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4
Q

Provide an example of a country that is often considered a “Melting Pot” society. Why?

A

The United States of America is frequently referenced as a “Melting Pot”. Historically, immigrants from vastly different cultures arrived and assimilated into a more dominant American identity over time.

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5
Q

Provide two examples of countries often considered “Salad Bowl” societies. Explain why.

A

India: India is home to people from various states, each with distinct languages, customs, and traditions. While there is a sense of overarching “Indian” identity, the regional identities remain strong.
Canada: Canada has a policy of encouraging immigrants to retain their cultural heritage while also integrating into a broader Canadian identity.

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6
Q

Why did India choose the Salad Bowl approach to multiculturalism instead of the Melting Pot model?

A

India opted for the Salad Bowl approach to preserve the cultural diversity within the newly independent nation. Leaders recognized that a Melting Pot model could lead to the loss of unique regional identities and cultures.

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7
Q

What concerns existed about the assimilation of the Northeast Indian population into the rest of India at the time of independence?

A

Leaders like Nehru feared that forcing assimilation of the culturally distinct Northeast population into the dominant Indian culture could erase their unique traditions and identities.

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8
Q

How does the Salad Bowl approach benefit a nation like India?

A

The Salad Bowl approach allows India to celebrate its rich diversity. It enables different cultures and communities to thrive and retain their distinct identities while also contributing to a larger national identity.

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9
Q

Who was a major proponent of the Salad Bowl approach in early post-independence India, and what was their primary policy?

A

Prime Minister Jawaharlal Nehru supported the Panchsheel Policy of Tribal Integration. This policy aimed to integrate diverse communities while respecting and preserving their existing cultural identities.

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10
Q

What potential challenge does India face when embracing a multicultural Salad Bowl approach? How does the Indian Constitution address this challenge?

A

A potential challenge in a multicultural society is the risk of separatist movements fueled by strong regional identities. The Indian Constitution addresses this by establishing single citizenship, fostering a sense of national unity and shared belonging.

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11
Q

What is the core principle of constitutionalism?

A

Constitutionalism means that the powers of a government are defined and limited by a set of fundamental laws or a constitution.

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12
Q

Why is constitutionalism important?

A

Constitutionalism protects against the arbitrary use of power by a government, ensuring there are checks and balances in place. It upholds the Rule of Law.

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13
Q

How is constitutionalism sometimes related to the idea of “limited government”?

A

Constitutionalism often goes hand-in-hand with limited government, as the constitution outlines the boundaries and scope of what the government can and cannot do.

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14
Q

What are the key ways constitutionalism guides a government?

A

Limits Power: Constitutionalism sets clear limits on what a government can do, preventing overreach.
Provides a Framework: It establishes a framework of rules and principles (the “dos and don’ts”) that the government must follow.

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15
Q

Does India follow constitutionalism?

A

Yes! India has a detailed constitution that enshrines the principles of constitutionalism, guiding the government’s actions and limiting its power.

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16
Q

What is the core principle of the Rule of Law?

A

The Rule of Law means that the law is supreme, and everyone, including government officials and citizens, is equally subject to it. No one is above the law.

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17
Q

What is the key difference between the Rule of Law and the Rule by Law (or Rule of Men)?

A

Rule of Law: The law is a supreme authority that applies equally to all.
Rule by Law/Rule of Men: Rulers or individuals in power can arbitrarily make and enforce laws based on personal whims, potentially leading to unequal treatment and abuse of power.

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18
Q

Why is the Rule of Law important?

A

The Rule of Law is crucial because it:
Ensures equality before the law
Protects against arbitrary use of government power
Creates a predictable and stable society

19
Q

Does the Indian Constitution uphold the Rule of Law?

A

Yes! The Indian Constitution is designed to ensure India functions as a nation governed by the Rule of Law.

20
Q

Provide an example of a country that follows the concept of Rule by Law.

A

North Korea is an example of a country that often exhibits characteristics of Rule by Law, where the leader’s decisions hold greater power than established laws.

21
Q

Who is credited with developing the modern concept of the Rule of Law?

A

British philosopher A.V. Dicey.

22
Q

What is the first of Dicey’s three tenets of the Rule of Law?

A

Supremacy of Law: The law, often as embodied in a constitution, is the ultimate authority in society.

23
Q

Explain the principle of “Equality Before Law” within the Rule of Law.

A

Equality Before Law means that the law applies equally and fairly to everyone, regardless of their social status, power, or position. No one is exempt from its reach.

24
Q

What does the tenet of “Adjudication of the Judiciary” (or “Predominance of Legal Spirit”) mean within the Rule of Law?

A

This tenet emphasizes the role of an independent judiciary that ensures equal protection under the law. The judiciary acts as a safeguard, upholding the supremacy of law and ensuring that everyone is treated equally before it.

25
Q

Compare the Indian and Saudi Arabian systems in terms of the Supremacy of Law.

A

India: The Indian Constitution is the supreme law of the land, limiting even the power of Parliament.
Saudi Arabia: Traditionally functions more on the Rule by Law model, where the King’s word can hold more authority than established laws.

26
Q

Question: What is the Basic Structure Doctrine, and how does it relate to the Rule of Law in India?

A

The Basic Structure Doctrine is a judicial principle that holds certain fundamental features of the Indian Constitution as unamendable. The Supreme Court, in the Keshavananda Bharati case, declared the Rule of Law an essential part of this Basic Structure, thus protecting it from potential changes.

27
Q

How does Article 13 of the Indian Constitution safeguard the Rule of Law?

A

Article 13 grants the judiciary power to review laws made by Parliament. This judicial review ensures laws are consistent with the Constitution and uphold fundamental rights, thus reinforcing the supremacy of law.

28
Q

What does Article 14 of the Indian Constitution guarantee in terms of the Rule of Law?

A

Article 14 establishes the principle of Equality Before Law. It ensures that everyone is treated equally under the law and reinforces the idea that no one is above the law.

29
Q

How does Article 21 of the Indian Constitution support the Rule of Law?

A

Article 21 protects the right to life and liberty. Importantly, it states that no one shall be deprived of these rights “except according to the procedure established by law”. This means the government cannot arbitrarily restrict rights and must follow legally defined processes, upholding the Rule of Law.

30
Q

What is the fundamental difference between constitutionalism and despotism?

A

The fundamental difference between constitutionalism and despotism lies in how power is used and limited.

Constitutionalism: In a constitutional system, the government’s power is clearly defined and restricted by a constitution (a set of basic laws). This means the government must act within those laws, protecting the rights of its citizens. Constitutionalism is closely linked to the Rule of Law.

Despotism: In a despotic system, the ruler or ruling group has absolute, unlimited power. There are no laws or rules that bind them, and they can act as they please without having to answer to the people they govern.

In short: Constitutionalism means the law rules, even over the government. Despotism means the ruler’s word is law.

31
Q

Why is despotism considered the opposite of constitutionalism?

A

Despotism embodies the absence of the Rule of Law. Rulers are not bound by a constitution nor required to uphold the rights or interests of the people they govern.

32
Q

Can you provide a historical example of a time when the Indian government exhibited characteristics of despotism?

A

During the 1971-72 period under Indira Gandhi’s leadership, the Indian government enacted policies that went against the constitution and were considered by some as having dictatorial tendencies.

33
Q

What are two key characteristics of a despot?

A

Unbound by Law: A despot isn’t limited by a constitution or any set of higher laws. They have the power to make and change the rules as they see fit.
Unaccountable to the People: A despot doesn’t have to answer for their actions to the people they rule. They make decisions based on their own desires, not the needs or rights of the citizens.

34
Q

What fundamental role does a constitution play in preventing despotism?

A

A constitution limits the power of the government, ensuring that it acts within defined legal boundaries. This helps promote the Rule of Law and protects against the rise of despotic leaders.

35
Q

Why is equality not considered absolute within the Indian application of the Rule of Law?

A

India recognizes that historical and social inequalities exist. To address these and ensure a more just society, exceptions like reservations and affirmative action policies are implemented, even if they technically create unequal treatment under the law.

36
Q

What are Articles 15 and 16 of the Indian Constitution, and how do they relate to exceptions to the Rule of Law?

A

Articles 15 and 16 allow for affirmative action policies (reservations) aimed at uplifting historically disadvantaged sections of society. These create a deliberate, positive exception to absolute equality to promote substantive social justice.

37
Q

Explain how the immunity granted to MPs and MLAs acts as an exception to the Rule of Law.

A

MPs and MLAs enjoy some criminal immunity during sessions This protects them from potential politically motivated arrests but creates an exception to the principle of everyone being equal under the law.

38
Q

What special protection does Article 361 grant to the President and Governors, and why is this an exception to the Rule of Law?

A

Article 361 protects the President and Governors from arrest while holding office. To prosecute them, they must first be removed from their position. This creates an exception to the immediate equal application of the law for these individuals.

39
Q

What is diplomatic immunity, and how is it an exception to the Rule of Law?

A

Diplomats serving abroad enjoy immunity from prosecution under the Vienna Convention. This is designed to allow them to work without interference but means they are exempt from the laws of the host country where they serve.

40
Q

Who was Montesquieu, and what did he propose regarding governmental powers?

A

Montesquieu was a French political philosopher who advocated for the Separation of Powers. He believed that dividing government functions into legislative, executive, and judiciary branches was essential to prevent the abuse of power.

41
Q

How does the principle of the Separation of Powers relate to the Rule of Law?

A

The Separation of Powers provides checks and balances within the government. This helps limit the potential for any one branch to have absolute power, thus protecting the Rule of Law and reducing the potential for arbitrary rule.

42
Q

List two key advantages of the Separation of Powers

A

Protection of civil liberties: Checks and balances prevent any one part of the government from infringing on individual rights.
Promotion of efficiency: Dividing responsibilities allows each branch to specialize in its tasks (e.g., the legislature creates laws, the executive enforces them).

43
Q

Can you provide another advantage of the Separation of Powers?

A

The Separation of Powers strengthens democracy by ensuring that power is distributed and not concentrated within a single entity or individual.