Why do we need a Constitution? Flashcards
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What are constitutive rules?
The rules which define and distinguish one society from another.
Define constitution.
A written or unwritten document containing constitutive rules
Why do we need a constitution? three points.
*To prevent misuse of power
*To maintain peace, justice, equality, law and order
*A dominant group does not use its power against other less powerful people or groups.
What is the importance of our constitution?
*It tells us the fundamental nature of our society
*It defines the nature of a country’s political system
*It doesn’t allow for the easy overthrow of provisions that guarantee rights of citizens and protect their freedom
Who is regarded as the father of our Indian constitution? Why?
DR Ambedkar as he was part of the drafting committee
When was the constitution enacted? When did it come into effect?
Enacted= 26th November 1949, Effect= 26th January 1950
Name the key features of the Indian constitution.
Federalism, separation of power, secularism, fundamental rights, parliamentary form of government.
Explain Federalism.
*This refers to the existence of more than one government in the country.
*It was important to have another level of government in the states so that decisions could be mad for that particular area but subjects of national concern require that all of these states follow the laws of the central government
Explain separation of power.
According to the constitution the three levels of government are:
*The legislative, refers to our elected representatives
*The executive is a smaller group of people who are responsible for implementing laws and running the government.
*The judiciary, refers to the system of courts in this country
*This ensure the balance of power between all three and there is no misuse of power as all of them execute different powers
Explain parliamentary form of government.
*The constitution of India guarantees universal adult suffrage for all citizens
*The constituent assembly felt that the freedom struggle had prepared the masses for universal adult suffrage and this would encourage a democratic mindset
What are the fundamental rights? Explain.
*The right to equality, all people are equal before the law.
*The right to freedom, freedom of speech and expression, the right to practice any occupation, business or profession, the right to form associations, the right to move freely and reside in any part of the country.
*The right against exploitation, prohibits human trafficking, forced labor, and employment of children under the age of 14
*The right to freedom of religion, every person has the right to practice, profess and propagate the religion of their choice
*Cultural and educational rights, All minorities can setup their own educational institutions
*Right to constitutional remedies, this allows the citizens to move to court if they believe their rights have been violated
Explain fundamental rights.
*Also known as the conscience of the Indian constitution
*It protects citizens against arbitrary and absolute exercise of power by the state
The two-fold objects of fundamental rights
*Every citizen must be in a position to claim these rights
*These rights must be binding upon every authority that has go the power to make laws
Explain directive principles of state policy
*ensure greater social and economic reforms
*To serve as a guide to independent Indian state to institute laws and policies that help reduce the poverty of the masses
Explain secularism
A secular state is one in which the state does not officially promote any one religion as the state religion
