12th April 2022 | Evolution of Indian Constitution : Role of Drafting Commitee, Constitutional Philosophy and Preamble;

Syllabus- Evolution of Indian Constitution: Role of the Drafting Committee; Constitutional Philosophy and Preamble; Salient features & Basic Structure; Amendments.

Number of questions- Mains: 02, Prelims – 10

Mains Questions of the day- 

Q. What were the objectives behind the framing of the Indian Constitution? 

Answer Framework:

Introduction:

Explain briefly about the demand for the Constituent Assembly and the composition of the Constituent Assembly. 

Body: – 

Explain about some important objectives mentioned in the Objective Resolutions moved by the Jawaharlal Nehru in the Constituent Assembly 

Conclusion: – 

How those objectivities useful for the maintaining the unity and integrate of the India even though there exists huge diversity in our country.

Content – 

  • The Constituent Assembly declared themselves as an independent sovereign republic body where all its powers and authorities were derived from the people.
  • It was guaranting and securing the 
  • Justice (social, economic and political)
  • Equality of status of opportunity and before the law;
  • Freedom of thought and expression, belief, faith and worship
  • It was aim to provide adequate safeguards for minorities, backward and tribal areas and depressed classes.
  • It also wanted to maintain the unity and integrate of the territory. 
  • It was aim to provide for the promotion of world peace and the welfare of mankind.

Q. “Indian constitution was a carbon copy of the 1935 Act” Elucidate.

Answer Framework: 

Introduction: – 

Briefly explain about the Indian Constitution 

Body: –

Explain about various features that were taken from the GOI 1935 Act 

Conclusion-

  • All constitutions around the world may be based on certain basic and similar principles. Given these considerations, all Constitutions may have identical provisions. 
  • It is wise to take suitable features from other constitution which were useful for our country. 
  • Dr B.R. Ambedkar answered the above criticism that “As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies”.

Content – 

Our constitution has taken the following features from the Government of India Act, 1935. Those features are:

  • Federal Scheme
  • Office of governor
  • Judiciary
  • Public Service Commissions
  • Emergency provisions
  • Administrative details

Briefly describe about each feature.

Prelims Questions of the Day: 

1. The Regulating Act 1773 has a great constitutional importance due to which of the following?

1. It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.

2. It was the first step to recognize the political, economic and administrative functions of the Company.

3. It was laid the foundations of centralized administration in India.

Select the correct answer using the code given below:

A.1 only

B.1 and 2 only

C.1 and 3 only

D.1,2 and 3

Answer: C

Explanation: –

Regulating act of 1773 was of great constitutional importance as  

It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India;  

It recognized, for the first time, the political and administrative functions of the Company; and  

It laid the foundations of central administration in India. 

2.The Indian Constitution has been described as ‘quasi-federal’ by whom among the following?

A. K.C. Wheare

B. Morris Jones

C. Ivor Jenning

D. James mill

Answer: A

Explanation: –

Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism’ by Granville Austin, ‘federation with a centralizing tendency’ by Ivor Jennings and so on.

3. Which of the following is/are the features of Parliamentary form of Government?

1. Minority party rule

2. Dissolution of the lower House

3. Collective responsibility of the executive to the legislature

Select the correct answer using the code given below:

A.1 only

B.1 and 2 only

C.2 and 3 only

D.1, 2 and 3

Answer: C

Explanation: –

The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and Cabinet Government. The Constitution establishes the parliamentary system not only at the Centre, but also in the states.  The features of parliamentary government in India are: 

Presence of nominal and real executives; 

Majority party rule, 

Collective responsibility of the executive to the legislature, 

Membership of the ministers in the legislature, 

Leadership of the Prime Minister or the Chief Minister, 

Dissolution of the lower House (Lok Sabha or Assembly). 

4. Which of the following is the ‘novel feature’ of the Indian Constitution?

A. Fundamental duties

B. Writs

C. Objectives Resolution

D. Directive Principles of State Policy

Answer: D

Explanation: –

According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution. 

They are enumerated in Part IV of the Constitution.  

They can be classified into three broad categories – socialistic, Gandhian and liberal intellectual. 

5. The structural part of the Indian Constitution is, to a large extent, derived from which of the following?

A. British Constitution

B. Independence Act, 1947

C. Government of India Act, 1935

D. Soviet Union Constitution

Answer: C

Explanation: –

The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.

6. Bicameralism can exist in which of the following systems of governance?

A. Federal System

B. Parliamentary System

C. Unitary Government

D. All of the above

Answer: D

Explanation: –

 Bicameralism is the practice of having two legislative or parliamentary chambers.

Some countries, such as Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, Germany, India, Malaysia, Mexico, Pakistan, Russia, Switzerland, Nigeria, and the United States, link their bicameral systems to their federal political structure.

  • Many bicameral countries like the Netherlands, the Philippines, the Czech Republic, the Republic of Ireland and Romania are examples of bicameral systems existing in unitary states.
  • In countries such as these, the upper house generally focuses on scrutinizing and possibly vetoing the decisions of the lower house.
  • In a few countries, bicameralism involves the juxtaposition of democratic and aristocratic elements.

Hence, all options are correct.

7. Which of the following acts gave legislative councils the power to discuss the budget?

A. Government of India Act 1909

B. Government of India Act 1919 

C. Government of India Act 1935

D. Act of 1892 

Answer: D

Explanation: –

The Act of 1892 provided for the following:

  • It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them.
  • It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive.
  • It provided for the nomination of some non-official members of the
  • Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce, and 
  • That of the Provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars and chambers. 

8. Which of the following bodies was entirely nominated by the British?

  1. Constituent Assembly, 1946
  2. Drafting Committee of the Constitution
  3. First Interim Cabinet of India after the formation of the Constitution
  4. None of the above

Answer: D

Explanation: Constituent Assembly, 1946 was partly nominated, partly elected. Option (A) is wrong.

Drafting Committee of the Constitution was appointed by the assembly and the leaders. So, (B) is wrong.

First Interim Cabinet of India after formation of constitution was formed based on election results and party politics. So, (C) is wrong.

Thus, (D) is the correct answer.

9.The Government of India Act of 1935 marked a major milestone towards establishing a ‘responsible government’ in India. What do you understand by ‘responsible government’ in this context?

A. The Governor was required to act with the advice of ministers responsible to the provincial legislature.

B. Government of India took major steps in promoting the welfare of vulnerable sections of Indian population

C. The Viceroy, Governor and Ministers would conduct themselves strictly based on laws

D. Bureaucracy will act as per the instructions of the elected representatives instead of the Governor and Viceroy

Answer: A

Explanation: Responsible government is a system which embodies the principle of parliamentary accountability, such as in India.

It is also the foundation of the Westminster system of parliamentary democracy.

Government is responsible to the parliament rather than to the monarch, or, in a colonial context, to the imperial government.

If the parliament is bicameral, then the government is responsible first to the parliament’s lower house, which is more numerous, directly elected and thus more representative than the upper house.

10. The British Government announced the appointment of a seven-member statutory Simon commission in 1927 to

A. Study and report on Constitutional reforms in India

B. Review the working of bureaucracy in India

C. Propose amendments in educational reforms made by Wood’s dispatch, 1854

D. Report on land revenue policy of the British government in India

Answer: A

Explanation:

  • All the members of the commission were British and hence, all the parties boycotted the commission.
  • The commission submitted its report in 1930.
  • To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states.
  • On the basis of these discussions, a ‘White Paper on Constitutional Reforms’ was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament.
  • The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act of 1935.

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