Answer the following in two or three Sentences each:
1. Why does Ambedkar describe the Draft Constitution as a formidable document ?
Ambedkar describes the Draft Constitution as a formidable document because it contains 315 articles and 8 schedules. The constitution of on country is so bulky as this Draft constitution.
2. Which are the two crucial matters the constitution in general has to deal with ?
First, what is the form of the government that is envisaged in the constitution; and secondly, what is the form of the constitution? These are the two crucial matters the constitution in general has to deal with.
3. In what way a parliamentary Executive differ from a non-parliamentary Executive ?
A Parliamentary Executive being more dependent upon a majority in parliament becomes more responsible. But, a non-Parliamentary Executive being independent of Parliament tends to be less responsible to the Legislature. A Parliamentary Government must resign the moment it loses the confidence of a majority of members of parliament, but in a non-Parliamentary system, the Executive cannot be dismissed.
4. When it comes to the assessment of the responsibility of the Executive, how does parliamentary system differ from a non-Parliamentary system ?
In Parliamentary system, the assessment of responsibility of the Executive is both daily and periodic. The daily assessment is done by members of Parliament through questions, adjournment motions and non-confidence motion etc. and the periodic assessment is done by the electorate at the time of the election which is concluded every five years. A non-Parliamentary system of government does not offer this opportunity.
5. What are the similarities between Indian federation and the American Federation ?
Both the Indian Federation and the American Federation have a Dual Polity. Under the American constitution the Federal Government is not a mere league of the states nor are the states administrative units or agencies of the federal Government. in this respect, the Indian Federation resembles the American Federation.
6. What are the points of difference between the American Federation and the Indian Federation ?
In the U.S.A Dual Polity is followed by dual citizenship - the citizenship of the U.S.A and the citizenship of the state. But in the Indian Federation, there is only a single citizenship and that is the Indian citizenship. Under the American constitution, each state is free to make its own constitution, provided it is in conformity with the Republican form of Government. In India, there is only o9ne constitution for the whole of India.
7. What are the means adopted by the Australian Constitution to make its Federation less rigid ?
The Australian Constitution confers upon the Parliament of Commonwealth large powers of concurrent legislation and few powers of exclusive legislation. Some of the Articles of the Constitution have been made temporary 'until Parliament otherwise provides'. These are some of the means adopted by the Australian constitution less rigid.
8. What are the special provisions included in the constitution to overcome rigidity and legalism inherent in our Federation ?
In order to overcome rigidity and legalism, our constitution has a long list of subjects for concurrent powers of legislation. With regard to the exclusive powers of legislation, it extends to 91 matters whereas the Australian Parliament can legislate only on three matters. In this way, the Indian Constitution has the greatest possible elasticity in its federalism.
9. What are the means adopted in the Draft Constitution whereby India will have a Federation and at the same time uniformity in all basic matters?
In order that India will have a Federation and the same time uniformity in all basic matters, the Draft Constitution has provided three means : 1) a single Judiciary, 2) uniformity in fundamental laws, civil and criminal; and 3) a common All-India Civil Service to man important posts.
Answer the following questions in 100 words each :
1. What are the fundamental differences between the powers enjoyed by the President of the Indian Union and the President of America ?
Under the Presidential system of America, the President is the chief head of the Executive. But the President of the Indian Union is the head of the state, but not of the Executive. He is the symbol of the nation in the sense that his position is ceremonial in nature. The cabinet ministers function under him. The President of the United States is not bound to accept the advice of his secretaries. the President of the Indian Union will be bound by the advice of his ministers. He can do nothing contrary to their . He cannot do anything without their advice.
2. What are the special features of the Indian federation which make it different from all federations ?
The Indian Federation can be both unitary as well as federal, according to the requirements of time and circumstances. In normal times it works as a federal system. But in times of war it is designed to work as Unitary set up. Once the President issues a proclamation under the provision of the Draft Article 275 (Article 352- Proclamation of Emergency), the state becomes a Unitary State. It can take upon itself the powers to legislate upon any subject in the Stat List. The Union Can direct the State Governments as to how they should exercise their executive authority on any specific subject, can authorise any officer to execute powers according to its will. The union also has the power to suspend the financial provisions of the constitution. Such a power of converting itself into a Unitary State is one point of difference between the Federation proposed in the Draft Constitution and all other Federations.
Essay Question
What are the special features of the Constitution of India ? How does it uphold federal principles on one hand and ensure uniformity in all basic matters on the others ?
The constitution of India is federal in character. It consists of the Union at the Center and the states at the periphery. Each has its own sovereign powers. The Indian Constitution is not a league of states, nor are they administrative agencies of the Central government. Each state has certain rights in its own domain for the special advantage of its own citizens. The Indian constitution is a Dual polity with a single citizenship. There is only one citizenship for the whole of India.
The Constitution of India has placed at the head of the Indian Union a functionary who is called the President of the Indian Union. He is totally different from his American counterpart in function and authority. Under the Presidential system of America, the president is the chief head of the Executive. But the President of India occupies the same position as the king under the English Constitution. He is the head of the state, but does note rule the nation. He is bound by the advice of his ministers. The ministers under the Indian Union are members of Parliament. they can remain in power so long as they enjoy the confidence of Parliament. A parliamentary Government must resign the moment it loses the confidence of a majority of members of the Parliament . it follows thet it becomes more responsible.
Under the non- Parliamentary system, such as the one that exists in the U.S., the assessment of the Executive is only periodic. But, under the Indian Constitution, it is both daily and periodic. The daily assessment is done by members of Parliament through questions, resolution and adjournment motions. Periodic assessment is done by the electorate at the time of the election that may take place every five years. This assures responsibility, but there is the chance of less stability.
Though the Indian Constitution is not Unitary like the American constitution, it can be both Unitary and Federal according to the time and circumstance. In normal times is works as a Federal system. But in times of war, it is designed to work as a Unitary system. Once the President issues a proclamation under the provision of Article 352, the state is transformed into a Unitary one in character. the union can take upon itself the powers to legislate upon any subject in the State List. It can direct the State Governments as to how they should exercise their Executive authority on any specific subject, can authorise any officer to execute powers according to its will. the union has also the power to suspend the financial provisions of the Constitution. Such a power of converting itself into a unitary State is unique in the Indian Constitution.
In assuaging the rigours of rigidity and legalism, the Constitution follows the Australian pattern: This refers to the existence of a long list of concurrent powers of legislation. The second means to avoid rigidity and legalism is the provision for amending the constitution. The amendment does not require ratification by the states. other effective means to have uniformity in all basic matters are : 1) A single judiciary, 2) uniformity in fundamental laws, civil and criminal: and 3) a common All-India Civil Service to man important posts.
As far as the Indian Federation is concerned, it has no Dual judiciary. The high courts and the Supreme court from one single integrated Judiciary. This is done to eliminate all diversity in all remedial procedures. Though India has a Dual Civil Service, there is an All-India Civil Service recruited on an all-India basis with common qualifications and uniform scales of pay. they alone could be appointed to the strategic posts throughout the union.
1. Why does Ambedkar describe the Draft Constitution as a formidable document ?
Ambedkar describes the Draft Constitution as a formidable document because it contains 315 articles and 8 schedules. The constitution of on country is so bulky as this Draft constitution.
2. Which are the two crucial matters the constitution in general has to deal with ?
First, what is the form of the government that is envisaged in the constitution; and secondly, what is the form of the constitution? These are the two crucial matters the constitution in general has to deal with.
3. In what way a parliamentary Executive differ from a non-parliamentary Executive ?
A Parliamentary Executive being more dependent upon a majority in parliament becomes more responsible. But, a non-Parliamentary Executive being independent of Parliament tends to be less responsible to the Legislature. A Parliamentary Government must resign the moment it loses the confidence of a majority of members of parliament, but in a non-Parliamentary system, the Executive cannot be dismissed.
4. When it comes to the assessment of the responsibility of the Executive, how does parliamentary system differ from a non-Parliamentary system ?
In Parliamentary system, the assessment of responsibility of the Executive is both daily and periodic. The daily assessment is done by members of Parliament through questions, adjournment motions and non-confidence motion etc. and the periodic assessment is done by the electorate at the time of the election which is concluded every five years. A non-Parliamentary system of government does not offer this opportunity.
5. What are the similarities between Indian federation and the American Federation ?
Both the Indian Federation and the American Federation have a Dual Polity. Under the American constitution the Federal Government is not a mere league of the states nor are the states administrative units or agencies of the federal Government. in this respect, the Indian Federation resembles the American Federation.
6. What are the points of difference between the American Federation and the Indian Federation ?
In the U.S.A Dual Polity is followed by dual citizenship - the citizenship of the U.S.A and the citizenship of the state. But in the Indian Federation, there is only a single citizenship and that is the Indian citizenship. Under the American constitution, each state is free to make its own constitution, provided it is in conformity with the Republican form of Government. In India, there is only o9ne constitution for the whole of India.
7. What are the means adopted by the Australian Constitution to make its Federation less rigid ?
The Australian Constitution confers upon the Parliament of Commonwealth large powers of concurrent legislation and few powers of exclusive legislation. Some of the Articles of the Constitution have been made temporary 'until Parliament otherwise provides'. These are some of the means adopted by the Australian constitution less rigid.
8. What are the special provisions included in the constitution to overcome rigidity and legalism inherent in our Federation ?
In order to overcome rigidity and legalism, our constitution has a long list of subjects for concurrent powers of legislation. With regard to the exclusive powers of legislation, it extends to 91 matters whereas the Australian Parliament can legislate only on three matters. In this way, the Indian Constitution has the greatest possible elasticity in its federalism.
9. What are the means adopted in the Draft Constitution whereby India will have a Federation and at the same time uniformity in all basic matters?
In order that India will have a Federation and the same time uniformity in all basic matters, the Draft Constitution has provided three means : 1) a single Judiciary, 2) uniformity in fundamental laws, civil and criminal; and 3) a common All-India Civil Service to man important posts.
Answer the following questions in 100 words each :
1. What are the fundamental differences between the powers enjoyed by the President of the Indian Union and the President of America ?
Under the Presidential system of America, the President is the chief head of the Executive. But the President of the Indian Union is the head of the state, but not of the Executive. He is the symbol of the nation in the sense that his position is ceremonial in nature. The cabinet ministers function under him. The President of the United States is not bound to accept the advice of his secretaries. the President of the Indian Union will be bound by the advice of his ministers. He can do nothing contrary to their . He cannot do anything without their advice.
2. What are the special features of the Indian federation which make it different from all federations ?
The Indian Federation can be both unitary as well as federal, according to the requirements of time and circumstances. In normal times it works as a federal system. But in times of war it is designed to work as Unitary set up. Once the President issues a proclamation under the provision of the Draft Article 275 (Article 352- Proclamation of Emergency), the state becomes a Unitary State. It can take upon itself the powers to legislate upon any subject in the Stat List. The Union Can direct the State Governments as to how they should exercise their executive authority on any specific subject, can authorise any officer to execute powers according to its will. The union also has the power to suspend the financial provisions of the constitution. Such a power of converting itself into a Unitary State is one point of difference between the Federation proposed in the Draft Constitution and all other Federations.
Essay Question
What are the special features of the Constitution of India ? How does it uphold federal principles on one hand and ensure uniformity in all basic matters on the others ?
The constitution of India is federal in character. It consists of the Union at the Center and the states at the periphery. Each has its own sovereign powers. The Indian Constitution is not a league of states, nor are they administrative agencies of the Central government. Each state has certain rights in its own domain for the special advantage of its own citizens. The Indian constitution is a Dual polity with a single citizenship. There is only one citizenship for the whole of India.
The Constitution of India has placed at the head of the Indian Union a functionary who is called the President of the Indian Union. He is totally different from his American counterpart in function and authority. Under the Presidential system of America, the president is the chief head of the Executive. But the President of India occupies the same position as the king under the English Constitution. He is the head of the state, but does note rule the nation. He is bound by the advice of his ministers. The ministers under the Indian Union are members of Parliament. they can remain in power so long as they enjoy the confidence of Parliament. A parliamentary Government must resign the moment it loses the confidence of a majority of members of the Parliament . it follows thet it becomes more responsible.
Under the non- Parliamentary system, such as the one that exists in the U.S., the assessment of the Executive is only periodic. But, under the Indian Constitution, it is both daily and periodic. The daily assessment is done by members of Parliament through questions, resolution and adjournment motions. Periodic assessment is done by the electorate at the time of the election that may take place every five years. This assures responsibility, but there is the chance of less stability.
Though the Indian Constitution is not Unitary like the American constitution, it can be both Unitary and Federal according to the time and circumstance. In normal times is works as a Federal system. But in times of war, it is designed to work as a Unitary system. Once the President issues a proclamation under the provision of Article 352, the state is transformed into a Unitary one in character. the union can take upon itself the powers to legislate upon any subject in the State List. It can direct the State Governments as to how they should exercise their Executive authority on any specific subject, can authorise any officer to execute powers according to its will. the union has also the power to suspend the financial provisions of the Constitution. Such a power of converting itself into a unitary State is unique in the Indian Constitution.
In assuaging the rigours of rigidity and legalism, the Constitution follows the Australian pattern: This refers to the existence of a long list of concurrent powers of legislation. The second means to avoid rigidity and legalism is the provision for amending the constitution. The amendment does not require ratification by the states. other effective means to have uniformity in all basic matters are : 1) A single judiciary, 2) uniformity in fundamental laws, civil and criminal: and 3) a common All-India Civil Service to man important posts.
As far as the Indian Federation is concerned, it has no Dual judiciary. The high courts and the Supreme court from one single integrated Judiciary. This is done to eliminate all diversity in all remedial procedures. Though India has a Dual Civil Service, there is an All-India Civil Service recruited on an all-India basis with common qualifications and uniform scales of pay. they alone could be appointed to the strategic posts throughout the union.
2 comments:
thank u for giving the summary about great speech of ambedhkar...
thank u so much
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