CBSE Class 11 India Constitution Work Chapter 10: The Philosophy of Constitution NCERT Solutions

Solution:

Each of these laws is connected to a fundamental value that underpins the Indian Constitution:

a. Equal share in family property: This law is connected to the value of social justice and equality. It ensures that individuals are not discriminated against based on gender, promoting fairness and equal rights within the family structure, aligning with the constitutional principle that prohibits discrimination on grounds of sex.

b. Different sales tax slabs: This practice is based on the principle of economic justice and utility. The state uses differential taxation to manage the economy, potentially making essential goods more affordable and luxury items more expensive, reflecting a pragmatic approach to resource distribution and economic management.

c. No religious instructions in government schools: This law is primarily related to the value of secularism. It upholds the separation of state and religion, ensuring that government-funded educational institutions remain neutral and do not promote any particular religious belief, thereby respecting the religious freedom of all citizens.

d. Prohibition of begar or forced labour: This is fundamentally connected to social justice and human dignity. It prohibits forced labour and exploitation, ensuring that individuals are not compelled to work against their will, reinforcing the constitutional commitment to protect citizens from servitude and uphold their freedom and capability.

Solution:

The option that cannot be used to complete the statement about the need for a constitution in democratic countries is:

III. Bring independence from colonial rule.

While achieving independence from colonial rule is a crucial historical event for many nations, the primary functions of a constitution within an established democratic framework are to govern the nation, define the powers and limits of the government, protect citizens' rights, and ensure stability. Independence is a precursor to establishing a constitutional government, not a function of the constitution itself once established.

Solution:

i. Relevancy of Constituent Assembly Debates:

• Statements arguing for relevance today: Statements (a) and (c) argue for the relevance of the debates today. Statement (a) implies relevance by suggesting that common people *need* to understand them despite difficulties. Statement (c) explicitly states their relevance for understanding current constitutional practices and challenges.
• Statement arguing against relevance today: Statement (b) argues that the debates are not relevant today because the conditions and challenges have changed significantly since the Constitution was made.

ii. Agreement with Positions:

While each position has a point, one might agree with a combination or a specific perspective:

• Agreement with (a): One can agree with this position because it acknowledges the practical difficulty for ordinary citizens in comprehending the complex legal terminology and detailed arguments within the debates. This highlights the need for accessible interpretations and summaries of these debates.
• Disagreement with (b): This statement can be disagreed with because while conditions change, the foundational principles and the reasoning behind constitutional choices often remain relevant. The Constitution has also been amended over time, indicating an adaptation to changing needs, but the original intent and debates provide crucial context.
• Agreement with (c): This position is strongly agreeable. It emphasizes that understanding the historical context and the rationale behind constitutional provisions is vital, especially when these practices face challenges. Knowing the 'why' behind constitutional norms helps in defending and upholding them in the present day.

Therefore, a balanced view often finds merit in understanding the debates for their historical context and foundational reasoning (as in c), while also recognizing the need for clear communication to make them accessible to the public (as hinted in a).

Solution:

The Indian Constitution, while drawing inspiration from global democratic principles, often presents unique interpretations and applications compared to Western ideas. Here's a breakdown:

a. Understanding of Secularism:

• Western Idea: Typically, Western secularism emphasizes a strict separation between state and religion. The state is often seen as having no role in religious affairs, treating religion primarily as a private matter and refraining from any form of official recognition or support for religious institutions.
• Indian Idea: India's approach to secularism is distinct. While it maintains state neutrality, it does not enforce a complete separation. The Indian state treats all religions equally, respects them, and can even provide aid to religious communities, such as supporting educational institutions run by them. This is often termed 'principled distance' or 'positive secularism'.

b. Articles 370 and 371:

• Western Federalism (e.g., USA): Often characterized by constitutional symmetry, where states generally have similar powers and relationships with the federal government.
• Indian Federalism (Articles 370 & 371): Indian federalism is constitutionally asymmetric. Article 370 (historically) provided special status and autonomy to Jammu and Kashmir, based on its unique accession, allowing it to have its own constitution. Article 371 and its subsequent clauses grant special provisions and privileges to various states, particularly in the North-East, to protect their unique cultural identities, local customs, and developmental needs. This asymmetry acknowledges regional diversity and specific historical contexts.

c. Affirmative Action:

• Western Context (e.g., USA): Affirmative action programs gained prominence after the Civil Rights Movement in the 1960s, aiming to address historical discrimination, particularly racial.
• Indian Context: The Indian Constitution entrenched the principle of affirmative action, especially caste-based reservations, much earlier. These programs are a cornerstone of the constitutional commitment to social justice, designed to uplift historically disadvantaged communities and ensure their representation and equality, while striving to uphold individual liberties.

d. Universal Adult Franchise:

• Western Ideas: While Western democracies also practice universal adult franchise, its introduction and acceptance often evolved over a longer period, sometimes with property or gender qualifications initially.
• Indian Constitution: The Indian Constitution adopted universal adult franchise from its inception, granting the right to vote to all adult citizens regardless of caste, creed, sex, or economic status. This was a radical and inclusive step, reflecting a deep commitment to democratic equality and popular participation from the very beginning of the Republic.