This MCQ module is based on: Importance and Independence of the Indian Judiciary
Importance and Independence of the Indian Judiciary
Study Notes and Summary
- Introduction to Constitution: This chapter explores the working of the Indian Constitution, government institutions, and their interrelationships. It emphasizes that the entire government structure and its binding principles originate from the Indian Constitution.
- Definition and Purpose:
- A constitution provides a set of basic rules for minimal coordination among society members.
- These rules must be publicly known and enforceable to ensure compliance and avoid insecurity.
- A constitution specifies the basic allocation of power in a society, determining who makes laws and how the government is constituted.
- It limits government power by specifying fundamental rights that cannot be violated, such as protection from arbitrary arrest, freedom of speech, conscience, association, and trade.
- Constitutions enable governments to fulfill societal aspirations and create conditions for a just society, especially in societies with deep inequalities.
- A constitution expresses the fundamental identity of a people, forming a collective identity through shared norms of governance.
- It also sets authoritative constraints, defining fundamental values and giving a moral identity.
- Key Functions of a Constitution:
- Provide basic rules for minimal coordination among society members.
- Specify who has the power to make decisions in society and how the government is constituted.
- Set limits on what a government can impose on its citizens, protecting fundamental rights.
- Enable the government to fulfill societal aspirations and create conditions for a just society.
- Express the fundamental identity of a people.
- Examples of Constitutional Provisions for Societal Aspirations:
- India: Aspiration for a society free of caste discrimination; enabling government to take positive welfare measures for minimal dignity and social self-respect (material well-being, education). These provisions are supported by the Preamble, Fundamental Rights, and Directive Principles of State Policy.
- South Africa: New constitution enabled the government to end racial discrimination and promote conservation, protect against unfair discrimination, and ensure housing and healthcare.
- Indonesia: Government enjoined to establish and conduct a national education system and look after poor and destitute children.
Practice MCQs
Assessment Worksheets
This assessment will be based on: Importance and Independence of the Indian Judiciary
Advanced-level (Competition level) Focus & Application:
- Real-Life Connections & General Knowledge:
- The concept of a “monster called government” (Page 6, Figure) highlights the historical tension between granting power to a governing body and the potential for that power to be abused, leading to the necessity of constitutional limitations.
- The European Constitution’s failure (Page 5, Cartoon) illustrates the challenges of forming a unified political identity and shared governance framework among diverse nations, even with common goals.
- The Indian Constitution’s innovation in providing an “enabling framework” (Page 6) for positive government action is a key differentiator from older constitutions, showcasing a proactive role for the state in achieving social justice. This connects to modern welfare state concepts.
- Case-based Scenarios & Reasoning:
- Scenario 1: A diverse community needs to establish rules for water usage from a shared well. Some members want to restrict access based on caste, while others advocate for equal access. Apply the principles of a constitution’s functions to explain how a constitution would resolve this dispute and ensure justice.
- Scenario 2: A newly formed nation is drafting its constitution. Discuss the challenges they might face in balancing the need for a strong government with the protection of individual liberties, drawing parallels with the “Limitations on the powers of government” section.
- Scenario 3: Imagine a society where the government, through a newly passed law, prohibits certain forms of religious expression. Explain, based on the text, why this would be considered an unjust law, even if passed through established procedures.
- Conceptual Application:
- Coordination and Assurance: Explain how the absence of publicly promulgated and enforceable rules, as described in the chapter, directly leads to insecurity and lack of coordination in a society.
- Allocation of Power: Discuss the implications of different modes of power allocation (monarchy, single-party, democratic) as outlined in the chapter, particularly focusing on how each impacts the “who gets to decide” question.
- Balancing Government Power and Citizen Rights: Analyze the inherent tension between the necessity of government authority and the need to limit its power to protect citizens’ fundamental rights.
- Identity Formation: Elaborate on how a constitution contributes to the formation of a “basic political identity” and a “moral identity” for a people, going beyond pre-existing identities.
- Comparative & Analytical Points:
- Older vs. Twentieth-Century Constitutions: Contrast the primary focus of older constitutions (allocating decision-making power and setting limits) with that of twentieth-century constitutions (including an enabling framework for positive government action).
- Constitutional Approaches to Identity: Compare and contrast how German identity (ethnically based) and Indian identity (not based on ethnic criteria for citizenship) are embodied in their respective constitutions.
- Constitutional Provisions and Societal Goals: Analyze how specific constitutional provisions (e.g., Fundamental Rights, Directive Principles) in India aim to achieve the broader aspirations and goals of the society.
