05. Making of Indian Constitution and Its Salient Features

Question 1

What is the principle of Division of Power?

Answer 1

Division of Power involves distributing governmental authority across different institutions, such as Parliament, State Governments, and Panchayats in the case of lawmaking.

Question 2

What is another term often used for Division of Power?

Answer 2

Federalism

Question 3

How does Separation of Power differ from Division of Power?

Answer 3

Separation of Power focuses on assigning specialized functions to distinct branches of government (legislative, executive, judicial). Division of Power distributes similar types of power among different levels or institutions of government.

Question 4

What is Functional Overlapping?

Answer 4

Functional Overlapping is a situation where multiple branches of government possess similar powers or capabilities.

Question 5

Provide an example of Functional Overlapping in the Indian government.

Answer 5

In India, both Parliament and the Judiciary have the authority to create laws under specific circumstances.

Question 6

Why did India opt for a system of Checks and Balances instead of strict Separation of Power?

Answer 6

India’s governmental structure allows for overlaps between different branches, promoting balance and preventing any single branch from becoming too powerful. Examples include personnel overlap in the Executive, quasi-judicial bodies, and judge-made laws.

Question 7

What is the significance of personnel overlap in India’s Executive branch?

Answer 7

The Council of Ministers being part of Parliament demonstrates how India doesn’t strictly separate powers. This allows for collaboration and prevents excessive concentration of power in one branch.

Question 8

What are quasi-judicial bodies, and how do they relate to India’s system?

Answer 8

Quasi-judicial bodies are specialized tribunals (like the NGT or CAT) that hold the power to deliver justice. They exist outside the traditional Integrated Judiciary, demonstrating a flexible approach to power distribution.

Question 9

Why were tribunals established in India?

Answer 9

Tribunals were created to reduce the workload on the traditional court system, allowing for faster resolution of specialized cases.

Question 10

What are judge-made laws, and how do they fit into India’s system?

Answer 10

Judge-made laws, or common laws, are legal precedents set by court rulings. This demonstrates a degree of judicial involvement in lawmaking, illustrating the system of checks and balances.

Question 11

Explain the MPLAD scheme and how it blurs lines between branches of government.

Answer 11

The MPLAD scheme gives Members of Parliament (legislators) some control over local development projects, which is traditionally an executive function. This shows flexibility in the division of responsibilities.

Question 12

What is a constituency, and how does it relate to MPs and MLAs?

Answer 12

A constituency is a designated geographical area represented by an elected official. MPs (Members of Parliament) represent constituencies in the Lok Sabha, while MLAs (Members of Legislative Assembly) represent them in state assemblies.

Question 13

Explain the difference between India’s Lok Sabha and Rajya Sabha.

Answer 13

The Lok Sabha is the lower house of Parliament, with members directly elected by the people based on constituencies. The Rajya Sabha is the upper house, and its members represent states, with elections held indirectly.

Question 14

What is the primary rationale behind India adopting a system of checks and balances?

Answer 14

India chose checks and balances to avoid the impracticalities of a rigid separation of powers. This system aims to prevent the concentration of power within a single branch and promotes cooperation between government branches.

Question 15

Provide two additional examples (beyond those already mentioned) of how India’s system demonstrates checks and balances.

Answer 15

Judicial Review: The judiciary can review and strike down laws passed by the legislature if they violate the Constitution.
Impeachment: The President of India (largely a ceremonial head of state) can be removed by Parliament for constitutional violations.

Question 16

When was the first meeting of India’s Constituent Assembly held?

Answer 16

December 9, 1946

Question 17

What significant resolution did Jawaharlal Nehru introduce in the Constituent Assembly?

Answer 17

The Objective Resolution (outlining the guiding principles of the Constitution) on December 13, 1946.

Question 18

On what dates was India’s Constitution approved and implemented?

Answer 18

Approved: November 26, 1949
Implemented: January 26, 1950

Question 19

Approximately how long did the Constituent Assembly take to draft India’s Constitution?

Answer 19

2 years, 11 months, and 17 days (approximately 3 years)

Question 20

How were members of the Constituent Assembly chosen?

Answer 20

Members were indirectly elected by the Provincial Legislative Assemblies, with additional representatives nominated by the heads of Princely States.

Question 21

What is Proportional Representation, and how did it apply to the Constituent Assembly?

Answer 21

Proportional Representation ensures that the number of representatives from a group reflects the proportion of the population they represent. Seats in the Assembly were allocated based on the populations of different communities (General, Muslim, Sikh).

Question 22

What electoral method was used for the Constituent Assembly?

Answer 22

Proportional Representation with Single Transferable Votes.

Question 23

What is the purpose of the Single Transferable Vote system?

Answer 23

The Single Transferable Vote system aims to effectively elect a representative in a highly diverse area, ensuring that the elected representative reflects the preferences of the electorate.

Question 24

Where was the Single Transferable Vote system first implemented?

Answer 24

The Single Transferable Vote system was first started in Britain.

Question 25

How do voters cast their votes in the Single Transferable Vote system?

Answer 25

In the Single Transferable Vote system, voters cast their votes in a preferential manner on a ballot that lists all candidates’ names. They rank the candidates in order of preference.

Question 26

What is a ‘quota’ in the context of the Single Transferable Vote system?

Answer 26

In the Single Transferable Vote system, a ‘quota’ is the set amount of votes a candidate needs to be elected.

Question 27

What happens to the excess votes a candidate receives in the Single Transferable Vote system?

Answer 27

In the Single Transferable Vote system, excess votes received by a candidate beyond the quota are transferred to each voter’s second favorite candidate.

Question 28

What occurs if no candidate reaches the quota in the Single Transferable Vote system?

Answer 28

If no candidate reaches the quota, the least popular candidate is eliminated, and their votes are transferred to the voters’ second favorite candidate.

Question 29

Where is the First Past the Post system used in elections?

Answer 29

In India, the First Past the Post system is used for the election of MPs and MLAs in the Lok Sabha.

Question 30

What is the principle behind the First Past the Post system?

Answer 30

The First Past the Post system is based on the ‘Winner takes all’ approach, where the candidate with the maximum number of votes wins the election.

Question 31

Why was the Constituent Assembly criticized as being a non-representative body?

Answer 31

The members of the Constituent Assembly were indirectly elected, and voting rights were restricted. This meant that the assembly did not fully represent the entire population of the country.

Question 32

How did critics argue that the Constituent Assembly was not a sovereign body?

Answer 32

The Constituent Assembly was established under proposals by the British Government, and its operations required prior approval from the British. This limited the assembly’s absolute power and decision-making ability.

Question 33

What does the term “Drifting body” mean in the context of criticism against the Constituent Assembly?

Answer 33

Critics like Naziruddin Ahmad felt the Constituent Assembly was slow and indecisive. The term “Drifting body” reflects the criticism that the assembly took an unusually long time (nearly 3 years) to draft the Constitution.

Question 34

What evidence supports the claim that the Congress Party dominated the Constituent Assembly?

Answer 34

The majority of members in the Constituent Assembly belonged to the Indian National Congress party. This led to the argument that the assembly’s decisions heavily favored the Congress perspective and lacked a broader political viewpoint.

Question 35

How was the composition of the Constituent Assembly considered to be dominated by elites?

Answer 35

The assembly primarily consisted of lawyers, members of the upper class (socially and economically), and a majority of representatives from the Hindu population. This meant that the needs and perspectives of other social and religious groups may not have been adequately represented.