FROM CHAPTER-10 THE PHILOSOPHY OF THE CONSTITUTION
Q.5-Define article 371A of Indian constitution?
Ans. Article 371 (A) is a special provision granted
to the state of Nagaland as a partial fulfillment of the 1960 agreement that
later created the State in 1963. In this regard not only the
customary law, social practice and belief of the people of Nagaland but also
the resources of the state is verdantly remain safeguarded from the
intervention of the union government and its various policies unless the State
Assembly so decides by resolution.
Q.1-What do we mean by political philosophy approach to
the constitution?
Ans. Constitution is not only a set of rules
and regulations but it also shows the norms and principles on which the
state is run. So, there is a definite link between moral values and laws.
So, by political philosophy we mean that :
So, by political philosophy we mean that :
a. It
explains the conceptual structure of the constitution. It helps us to
understand the meanings of terms like 'rights', 'citizenship', or
democracy.
b. It explains
the values on which our constitution is build.
Therefore, political
philosophy not only helps in finding the moral value of the law but also it
helps to arbitrate between varying interpretations of the values in our polity.
This means that political philosophy helps in giving various
interpretations of the law.
Q.2-Why do we need to go back to the constituent
assembly?
Ans. We need to read our constituent assembly debates for following reasons:
a. It helps in justifying the values embedded in our constitution.
b. Our history of constitution is still very much history of the present. Its just 62 years back when we have framed our constitution. And we have not separated ourselves from the values, ideals and conception of the world of constituent assembly.
c. To know the current constitutional practice, their value and their meaning ,we need to go back to constituent assembly debates from time to time.
Ans. We need to read our constituent assembly debates for following reasons:
a. It helps in justifying the values embedded in our constitution.
b. Our history of constitution is still very much history of the present. Its just 62 years back when we have framed our constitution. And we have not separated ourselves from the values, ideals and conception of the world of constituent assembly.
c. To know the current constitutional practice, their value and their meaning ,we need to go back to constituent assembly debates from time to time.
Q.3-What do you
understand from constitution as means of democratic transformation?
Ans. Constitution
sets the rules and regulations for the country and this helps in limiting the
power of government and preventing it from turning it into tyrannical
form of government. It provides peaceful and democratic means to bring about
transformation. It was designed to bring about a change and shed away
traditional and conservative ideologies and bring freedom, equality and
justice. Therefore, by democratic transformation we mean constitution exists
not only to limit people in power but to empower those who have been
traditionally deprived of it.
Q.4- What is article 370 of the constitution?
Ans. This article gives the special status to
J&K. Article 370 of the Indian constitution is
an article that gives autonomous status to the state of Jammu
and Kashmir. The article is drafted in Part XXI of the
Constitution: Temporary, Transitional and Special Provisions.
Q.5-Define article 371A of Indian constitution?
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