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Question

Read the following statements about a constitution. Give reasons why each of these is true or not true. a) The authority of the rules of the constitution is the same as that of any other law. b) Constitution lays down how different organs of the government will be formed. c) Rights of citizens and limits on the power of the government are laid down in the constitution. d) A constitution is about institutions, not about values


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Solution

Answers:

a)False

  • The Constitution is the basic foundation of democracy.
  • All the articles in the Indian Constitution are guided by the Preamble of the Constitution.
  • Preamble is the soul of the constitution.
  • To evaluate and examine whether the actions and laws of the Government are bad or good; the standards are given by the preamble of the Constitution.
  • The foundation of Indian democracy is its constitution, which nurtured the values that guided and inspired the freedom struggle.
  • The Indian Constitution lays down clear procedures for choosing people that can govern India, and there is clear demarcation of powers between different institutions of democracy.
  • It lays strong emphasis on protecting the fundamental rights of citizens of India.
  • All these were envisaged by the creators of Indian Constitution as they learnt through the experiences of exploitation that people had to undergo under the colonial rule.

b) True

  • The Indian Constitution lays down clear procedures for choosing people that can govern India, and there is clear demarcation of powers between different institutions of democracy.
  • The Constitution lays down the powers and limitations of the executive, legislature, judiciary, President, Prime Minister, Council of Ministers, Parliament, Election Commission etc.

C) True

  • The Constitution lays strong emphasis on protecting the fundamental rights of citizens of India.
  • Indian constitution provides fundamental rights and constitutional rights.
  • The constitution of India has mentioned that Right to Constitutional Remedies is a fundamental right.
  • Fundamental rights can be enforced, if people feel that their rights are violated by the government, a person or a private entity then the person facing grievances can take the help of Indian Courts, Supreme Court or High Court and nullify the violation of his fundamental rights.
  • Other Rights became effective in India, due to the Right to Constitutional Remedies.
  • For the enforcement of Fundamental Rights in India, Supreme Court and High Courts are empowered to issue writs, orders or directions to the Governments.

d) False

  • Our Constitution is about values as well as of institutions.
  • Institutional arrangements are embodied with the philosophies and values of the constitution.

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