Constitutional Government – Solutions
Exercise
1. (A) Choose the correct alternative and complete the following statements.
1. Unwritten Constitution exists in United Kingdom. (United Kingdom, India, South Africa, United States)
2. In a parliamentary system there is a merger of legislative and executive powers. (separation, coordination, merger, centralisation)
3. The first ten amendments to the American Constitution are collectively referred to as Bill of Rights. (Bill of Rights, Magna Carta, Basic Structure Doctrine, Fundamental Rights)
(B) Identify the incorrect pair in every set, correct it and rewrite.
(a) Magna Carta – England (Correct)
(b) Veto – United Kingdom (Incorrect)
Corrected: Veto – United States
(c) Keshavananda Bharati Case – Basic Structure Doctrine (Correct)
Rewritten Pairs:
(a) Magna Carta – England
(b) Veto – United States
(c) Keshavananda Bharati Case – Basic Structure Doctrine
(C) Find the odd word in the given set.
1. England, Scotland, Wales, Republic of Ireland
(Republic of Ireland is a separate country, while the others are part of the United Kingdom.)
2. India, Australia, Canada, Argentina
(Argentina has a presidential system, while the others have parliamentary systems.)
2. State whether the following statements are true or false with reasons.
1. Indian Federation can be described as a ‘quasi-federation’.
True.
Reason: India is described as a quasi-federation because the division of powers favors the national government, giving it more authority compared to the states. This unitary bias distinguishes it from a fully federal system.
2. Parliamentary system exists in the United States.
False.
Reason: The United States follows a presidential system, where the President is both the Head of State and Head of Government, and there is a clear separation of powers between the executive and legislature.
3. Explain co-relation between the following.
1. Legislature and Executive in parliamentary system.
In a parliamentary system, there is a close relationship between the legislature and the executive, characterized by a merger of powers. The executive, led by the Prime Minister and Council of Ministers, is drawn from the legislature and must maintain the confidence of the majority in the legislature (e.g., Lok Sabha in India or House of Commons in the UK). If the executive loses this majority, it may lead to resignation or dissolution of the government. The legislature makes laws, while the executive implements them, ensuring coordination between the two.
2. President and Legislature in presidential system.
In a presidential system, the President and the legislature are separate and independent. The President, directly elected by the people, is both the Head of State and Head of Government (e.g., in the USA). The legislature (e.g., Congress) makes laws, but the President has the power to approve or veto them. The President does not depend on the legislature’s confidence to remain in office, but lack of support can lead to legislative gridlock. The two branches check each other’s powers, maintaining a balance.
4. Answer the following.
1. Explain Constitutionalism and constitutional morality.
Constitutionalism is the principle that a government’s powers should be limited by the constitution or historical precedents to prevent misuse of authority. It ensures that the government operates within defined boundaries, as seen in the American Constitution’s Bill of Rights or India’s Fundamental Rights, which restrict governmental actions.
Constitutional morality refers to adhering to the spirit and values of the constitution beyond mere legal compliance. It involves cultivating respect for constitutional principles like justice, liberty, and equality. Dr. B.R. Ambedkar emphasized that constitutional morality must be nurtured, as it is not instinctive and requires commitment to uphold the constitution’s ethos in governance and behavior.
2. Explain the nature of Indian Federation.
The Indian Federation is described as a ‘quasi-federation’ with a unitary bias. It has two levels of government—Union and State—with powers divided by the Constitution’s Seventh Schedule (Union, State, and Concurrent Lists). However, the Union Government has greater authority, as it can legislate on Concurrent List subjects with precedence over state laws and even on State List subjects in certain cases. After independence, states were created by the Union based on language, unlike ‘coming together’ federations like the USA. Over time, economic and technological changes have strengthened the Union’s powers, reinforcing India’s quasi-federal character.
5. Answer the following in detail with reference to the given points.
Explain Constitution and its three distinct inter-related components.
(a) What is a Constitution?
A Constitution is a living document that outlines how a country is governed. It provides the framework for the relationship between the government, society, and individuals, ensuring governance is orderly and rights are protected.
(b) Set of Rules
The Constitution includes rules that define the structure, functions, powers, and duties of the government’s three branches—Legislature, Executive, and Judiciary. It ensures each branch operates within its jurisdiction and provides checks and balances. For example, the American Constitution allows impeachment of officials for exceeding authority, while India’s Constitution limits governmental actions to protect citizens’ rights.
(c) Set of Rights
The Constitution lists citizens’ rights, their limitations, and mechanisms for their protection. These rights enable individuals to live with dignity and freedom. For instance, India’s Constitution guarantees Fundamental Rights but imposes reasonable restrictions. The Judiciary is typically responsible for safeguarding these rights, ensuring they are enforceable.
(d) Set of Objectives and Values
The Constitution outlines the goals and principles it aims to achieve, reflecting why it exists. For example, the U.S. Constitution seeks to establish justice and secure liberty, while India’s Constitution aims for justice, liberty, equality, and fraternity. These objectives guide governance and shape the nation’s identity.
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