06. Salient Features Of Indian Constitution and Preamble

Question 1

Why is the Constitution of India considered the lengthiest in the world?

Answer 1

The Indian Constitution is the lengthiest due to these factors:

Extensive Detail: It contains over 400 Articles and 12 Schedules to provide a comprehensive framework.
Diverse Needs: India’s vast diversity requires addressing various regional and historical complexities within a single document.
Inclusivity: The Constituent Assembly included experts from various legal and political backgrounds, contributing to its detailed nature.

Question 2

Explain why India is considered a “Quasi-Federal” system.

Answer 2

India is considered Quasi-Federal because it has both Federal and Unitary features:

Federal Features:
Division of powers between the Center and states.
Written and rigid Constitution.
Independent judiciary.
Unitary Features:
Strong central government.
Power to override state laws in certain situations.
Single citizenship.
Appointment of governors by the Center.

Question 3

Outline two reasons why India adopted a Constitution with Unitary features.

Answer 3

National Unity: At independence, India was divided into 500+ princely states. Unitary features promoted unity and reduced the risk of fragmentation.

Strong Central Government: India needed a strong central government to address challenges like poverty, illiteracy, and social divisions. Unitary features enabled this.

Question 4

What is meant by the term “Bicameral Legislature”? Why does India have one?

Answer 4

Bicameral Legislature: A legislature with two houses – in India, this is the Lok Sabha (House of the People) and Rajya Sabha (Council of States).

Reasons for Bicameralism:

Checks and Balances: Two houses prevent hasty legislation and ensure thorough review of laws.
State Representation: The Rajya Sabha represents the states, ensuring their voice in national lawmaking.
Diverse Expertise: Two houses allow for specialized discussions and diverse representation.

Question 5

What are the benefits of having single citizenship in India?

Answer 5

National Unity: Single citizenship fosters a sense of shared identity and national belonging.
Equality: All Indian citizens have equal rights and opportunities regardless of which state they reside in.
Ease of Movement: Single citizenship promotes free movement and economic integration within the country.

Question 6

What is the difference between an Article and a Schedule within the Indian Constitution?

Answer 6

Articles: Articles are the core provisions of the Constitution. They outline fundamental rights, principles of governance, and the structure of the government. Articles have direct legal authority.

Schedules: Schedules are like appendices to the Constitution. They provide detailed lists and supplementary information linked to specific Articles, adding clarity and flexibility without burdening the central document.

Question 7

Explain the purpose of “Parts” within the Indian Constitution.

Answer 7

Parts are used to organize the Indian Constitution into logical sections. Each Part focuses on a major theme or area of governance, such as:

Union and its Territories: Defines India’s structure
Citizenship: Outlines who is an Indian citizen
Fundamental Rights: Enshrines basic rights for all citizens
Directive Principles: Guides government policymaking
Fundamental Duties: Outlines citizen responsibilities

Question 8

Describe the significance of Schedule VII in the Indian Constitution.

Answer 8

Schedule VII is crucial because it details the division of powers between the central government and state governments in India. It contains three lists:

Union List: Subjects on which only the central government can make laws (e.g., defense, foreign affairs).
State List: Subjects on which only state governments can make laws (e.g., local government, public health).
Concurrent List: Subjects on which both central and state governments can legislate (e.g., education, forests).

Question 9

What is a Unitary system of government? Provide 2-3 examples of countries that follow this system.

Answer 9

Unitary System: A system where power is concentrated in a single central government. Subnational units (like states or provinces) have limited autonomy and derive their power from the center.

Examples:

United Kingdom
China
France

Question 10

Why is India considered a “Quasi-Federal” system?

Answer 10

India is considered Quasi-Federal because it exhibits both federal and unitary characteristics:

Federal Features:
Written Constitution
Division of powers between Center and states
Unitary Features:
Strong central government
Single constitution for the entire country
Flexibility for the Center to alter state boundaries

Question 11

Why is the Indian Constitution sometimes referred to as a “Paradise of Lawyers”?

Answer 11

The Indian Constitution is called a “Paradise of Lawyers” because:

Complex Language: Legalistic and technical language makes it difficult for ordinary citizens to understand without interpretation from legal experts.
Frequent Amendments: Numerous amendments over time add to the complexity and create potential for legal disputes and conflicting interpretations.

Question 12

What does it mean to describe the Indian Constitution as “Elephantine”?

Answer 12

“Elephantine” refers to the Indian Constitution’s immense size and complexity. It is one of the world’s lengthiest constitutions, containing many Articles and Schedules. This bulkiness is sometimes seen as cumbersome and potentially leading to inconsistencies.

Question 13

Why is the Indian Constitution considered “Un-Gandhian”? How was this criticism later addressed?

Answer 13

Un-Gandhian: Critics argue it contradicts Gandhi’s vision of decentralized village-based governance. The Constitution’s unitary features concentrate power at the central level.
Addressing the Criticism: The 1992 introduction of the Panchayati Raj System aimed to decentralize power and promote village-level self-governance, bringing the Constitution closer to Gandhian ideals.

Question 14

Explain the criticism that the Indian Constitution is a “Borrowed Constitution”.

Answer 14

Critics claim the Constitution heavily borrows from other countries’ constitutions:

Examples: Fundamental Rights (USA), Parliamentary System (Britain), Directive Principles (Ireland)
Counter-Argument: While inspired by other systems, India adapted these concepts to suit its unique conditions and needs. For example, Indian secularism has a distinct character compared to Western models.

Question 15

In what way is the Indian Constitution seen as a “Carbon Copy” of the Government of India Act of 1935?

Answer 15

Critics argue that a significant portion (approximately two-thirds) of the Indian Constitution was derived from the British-era Government of India Act of 1935. This reliance on colonial legislation undermines the Constitution’s originality.

Question 16

Why is the Indian Constitution criticized as being “Un-Indian” or “Anti-Indian”?

Answer 16

This criticism centers on the following points:

Influence of the British: The Constitution’s structure and some terminology (e.g., Union List, State List) reflect its colonial past and British influence.
Language: English was used to draft the Constitution, making it feel less connected to India’s diverse linguistic landscape.

Question 17

Some argue that the Indian Constitution is not a truly representative document. Why?

Answer 17

Here’s why some believe the Constitution doesn’t fully reflect India’s diversity:

Constituent Assembly: Critics argue the Constituent Assembly was primarily composed of upper-caste, elite individuals, and lacked adequate representation from marginalized groups.
Minority Concerns: Some feel minority concerns and perspectives were not sufficiently incorporated into the final document.

Question 18

The Indian Constitution establishes a representative democracy. However, some argue it can be unrepresentative in practice. Explain.

Answer 18

Despite India’s democratic system, concerns about its representativeness persist:

Barriers to Participation: Factors like poverty, illiteracy, and social inequalities can hinder marginalized groups from fully participating in the political process.
Political Influence: Money and power often play a disproportionate role in Indian elections, potentially undermining the principle of equal representation.

Question 19

Why is a written constitution a central feature of federalism?

Answer 19

A written constitution is essential in federalism because it:

Defines Powers: Outlines the specific powers granted to the central and state governments, preventing overreach by either.
Provides Stability: Ensures predictability and limits arbitrary changes to the power structure.
Ensures Accountability: Serves as a reference point for citizens to hold governments accountable if they violate the division of powers.

Question 20

How do amendment procedures in a federal system protect the balance of power?

Answer 20

Special amendment procedures in federalism:

Protect State Interests: Often require approval from both the central and state governments, preventing either level from unilaterally altering the division of power.
Safeguard Fundamental Principles: Make it difficult to change core principles of federalism without widespread consensus.

Question 21

Explain the concept of “Constitutional Supremacy” and how it differs from “Parliamentary Supremacy”.

Answer 21

Constitutional Supremacy: The Constitution is the supreme law of the land. Government actions at all levels must align with its provisions. Courts can declare laws unconstitutional. (Examples: India, USA)
Parliamentary Supremacy: Parliament is the ultimate authority. Laws passed by Parliament cannot be overturned by courts on constitutional grounds. (Example: United Kingdom)

Question 22

What does it mean to have a “rigid” constitution? How does this feature protect federalism?

Answer 22

Rigidity: A rigid constitution requires a special process for amendments, making changes more difficult than passing ordinary laws.
Protecting Federalism: Rigidity prevents hasty changes to the division of powers between the center and states, ensuring stability in the federal system.

Question 23

In what ways does an independent judiciary uphold federalism?

Answer 23

An independent judiciary is crucial for federalism because:

Upholding the Constitution: Courts act as the final interpreter of the Constitution, resolving disputes over the division of powers and ensuring adherence to constitutional principles.
Checking Overreach: Courts can strike down laws that violate federalist principles, preventing either the central or state governments from exceeding their authority.
Protecting Rights: Courts safeguard individual and state rights against potential infringement.

Question 24

What is the significance of Article 13 of the Indian Constitution in the context of federalism?

Answer 24

Article 13 is crucial for federalism because:

Ensures Constitutional Supremacy: It explicitly states that laws inconsistent with fundamental rights within the Constitution shall be void. This underscores that no government can violate the division of powers or other constitutional guarantees.
Judicial Review: Empowers courts to act as guardians of the Constitution and uphold its federalist structure. It provides a mechanism for declaring laws that violate the division of powers null and void.

Question 25

Explain the importance of a bicameral legislature within a federal system.

Answer 25

In a federal system, a bicameral legislature serves these purposes: State Representation: One house (like the Rajya Sabha in India) often represents the states directly, ensuring their voice is heard in the national lawmaking process. Checks and Balances: Two houses prevent hasty legislation and provide additional scrutiny, protecting states from laws that could diminish their powers. Diverse Perspectives: Two houses with different representation schemes can bring a wider range of views and expertise to the legislative process.

Question 26

How does the division of powers in a federal system prevent the concentration of power at any single level?

Answer 26

The division of powers in a federal system safeguards against excessive centralization by: Defined Authority: The constitution clearly outlines separate spheres of authority for the central and state governments. Limits on Overreach: Each level of government operates within its designated powers, preventing any one level from dominating the system. Checks and Balances: Both levels of government can act as checks on each other, further ensuring the balance of power.

Question 27

Why is the lack of separate state constitutions considered a unitary feature of the Indian Constitution?

Answer 27

India's single Constitution for both the center and states reflects its unitary tilt because: Uniformity: A single document ensures consistent fundamental principles and laws across the nation. National Unity: Promotes a sense of shared identity and prevents potential conflicts that could arise from separate state constitutions. Central Control: Allows the central government to maintain greater oversight and influence over state-level governance.

Question 28

How do emergency provisions in the Indian Constitution reflect a unitary characteristic?

Answer 28

Emergency provisions (like Article 352 – National Emergency) demonstrate a unitary feature because: Centralized Power: During an emergency, the central government can assume extraordinary powers, overriding normal state autonomy. Temporary Unitary Structure: The federal system can effectively transform into a unitary one, demonstrating the flexibility of the Constitution's structure

Question 29

How does the formation and alteration of state boundaries reflect a unitary feature of the Indian Constitution?

Answer 29

Parliament's power under Article 4 to change state boundaries reflects a unitary feature because: Lack of State Sovereignty: States do not have absolute territorial integrity; their borders can be redrawn by the central government. Central Authority: Underscores the central government's greater authority over how the nation is internally organized.

Question 30

What are residuary powers, and how do they contribute to the unitary nature of the Indian constitution?

Answer 30

Residuary Powers: Legislative authority over subjects not explicitly listed in the Constitution's schedules. Unitary Influence: In India, residuary powers rest with Parliament (the central government), giving it greater scope to legislate on emerging issues and maintain control.

Question 31

How does the Governor's role in India contribute to the country's unitary features?

Answer 31

The Governor acts as a bridge between the center and states, demonstrating unitary characteristics in the following ways: Central Appointment: Governors are appointed by the President, ensuring alignment with central priorities. Agent of the Center: Governors can exercise discretionary powers and influence state legislation, extending the Center's reach. President's Rule (Art. 356): Governors play a key role in recommending the imposition of President's Rule, centralizing power during crises.

Question 32

How does the existence of All India Services (IAS, IPS, IFS) reflect a unitary feature?

Answer 32

All India Services are considered a unitary feature because: Centralized Control: recruitment and training of these top-level bureaucrats is managed by the central government. State Implementation: Officers primarily work in states, but owe allegiance to the Center, ensuring a degree of central control within state administration. Limited State Influence: States have limited disciplinary control over these officers, further reinforcing central influence.

Question 33

Explain why a single, integrated judiciary system contributes to India's unitary characteristics.

Answer 33

India's integrated judiciary reflects its unitary structure in these ways: Hierarchical Structure: The Supreme Court stands at the apex, ensuring uniform interpretation of laws and a cohesive legal system nationwide. Central Appointments: High Court judges are appointed by the President (central government), promoting consistency and potential for central influence. Limited State Jurisdiction: State-level High Courts have limited autonomy compared to the US system, where states have greater control over their courts.

Question 34

How does India's constitutional amendment process favor a strong Center?

Answer 34

The amendment process exhibits unitary characteristics because: Parliamentary Power: Most constitutional amendments require approval from Parliament, with limited or no direct role for states. Special Exceptions: Only a few specific provisions require ratification by a majority of states, demonstrating the Center's broader amending authority.

Question 35

Why is unequal representation in the Rajya Sabha a unitary feature?

Answer 35

Unequal representation in the Rajya Sabha (where seats are allocated based on state population) reflects a unitary element because: Advantage for Larger States: More populous states have greater influence in the Upper House, potentially diluting the voices of smaller states. Undermines Federal Principle: Deviates from the traditional federal model where states have equal representation regardless of size (like the US Senate).

Question 36

How do provisions like Article 356 (President's Rule) demonstrate the unitary nature of India's Constitution?

Answer 36

Article 356 exemplifies a unitary feature because: Central Override: It empowers the Center to dissolve a state government and assume direct control if it deems the state is not functioning as per the Constitution. Undermines State Autonomy: This provision allows the Center to override elected state governments, curtailing their autonomy.

Question 37

How does Article 360 (Financial Emergency) reflect a unitary feature of the Constitution?

Answer 37

Article 360 is a unitary feature because: Central Financial Control: It allows the Center to exercise strict control over a state's finances during a declared financial emergency. Limited Fiscal Autonomy: This provision demonstrates the Center's ability to restrict a state's financial decision-making in extreme circumstances.

Question 38

Explain why a single Election Commission for all elections is considered a unitary feature.

Answer 38

A single Election Commission contributes to unitary characteristics because: Centralized Electoral Process: Ensures uniformity and standardization in election procedures nationwide. Limits State Control: States have minimal influence over how elections are conducted within their borders, reducing potential for regional variations.

Question 39

What are the core characteristics of a federal system of government?

Answer 39

A federal system has these key features: Two Levels of Government: Separate central (national) and provincial/state governments exist, each with distinct authority. Written Constitution: A constitution clearly outlines the division of powers between the different government levels. Constitutional Supremacy: The constitution is the supreme law, guiding both central and state governments.

Question 40

Explain the concept of Symmetric Federalism. Provide a real-world example.

Answer 40

Symmetric Federalism: All states within the federation are treated equally and have the same powers and relationship with the central government. There are no states with special privileges. Example: Most Indian states (Uttar Pradesh, Madhya Pradesh, etc.) function within a symmetric federal framework.

Question 41

Describe Asymmetrical Federalism and provide a real-world example.

Answer 41

Asymmetrical Federalism: Within the federation, certain states or regions are granted special powers, autonomy, or privileges that others don't have. This can be due to historical, cultural, or geographical factors. Example: India exhibits some asymmetrical features. States like Nagaland and Manipur, under Article 371 (A-I), have special provisions to protect their traditional laws and customs.

Question 42

Why might a country adopt an asymmetrical federalism model?

Answer 42

Countries may choose asymmetrical federalism for several reasons: Addressing Diversity: To accommodate unique cultural, linguistic, or historical characteristics of specific regions within a diverse nation. Conflict Resolution: Granting special status can help address separatist tendencies or regional demands for autonomy. Practical Governance: Asymmetry can provide flexibility in addressing varying needs or circumstances of different regions within the federation.