This MCQ module is based on: Criticisms, Defence & End-of-Book Exercises
Criticisms, Defence & End-of-Book Exercises
This assessment will be based on: Criticisms, Defence & End-of-Book Exercises
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Chapter 10 · The Philosophy of the Constitution — Part 2: Procedural Achievements, Criticisms & End-of-Book Exercises
In Part 1 we read the Constitution as a moral identity card — its seven core values and its Preamble. In Part 2 we ask the harder questions: How was the Constitution made? Did the process match the values? What are its limitations? Is it unwieldy, unrepresentative, ‘borrowed’ from the West? How honestly does it address gender justice, centralisation and socio-economic rights? And finally — is the Indian Constitution a living document capable of carrying our democracy into the next century? This part also contains the full set of NCERT exercises with model answers, the chapter summary, and the end-of-book acknowledgement.
10.7 Procedural Achievements — How the Constitution Was Made
In Part 1 we listed the five substantive achievements of the Constitution — what it gives. We must also recognise its procedural achievements — how it was made. The way the Constitution was framed is itself part of its philosophy. Two procedural achievements stand out.
10.7.1 Faith in political deliberation
First, the Indian Constitution reflects a deep faith in political deliberation. Many groups and interests were not adequately represented in the Constituent Assembly?. Even so, the debates show that the makers of the Constitution wanted to be as inclusive in their approach as possible. They allowed every section to speak, listened patiently, and showed willingness to modify their existing preferences. The Assembly justified outcomes by reference to reasons, not self-interest. It also showed a willingness to recognise creative value in difference and disagreement. This open-ended approach is what we mean by deliberative democracy? — democracy as reasoned discussion, not just majority voting.
10.7.2 Spirit of compromise and accommodation
Second, the Constitution reflects a spirit of compromise and accommodation. Compromise is not always a bad word. If something of value is traded off for mere self-interest, then we have compromised in the bad sense. But if one value is partially traded off for another value, in an open process of free deliberation among equals, then the compromise can hardly be objected to. We may lament that we could not have everything, but to secure a bit of all things important is not morally blameworthy. A commitment to consensus, rather than majority vote, on the most important issues is itself a moral commitment.
10.8 Criticisms of the Indian Constitution
NCERT highlights three classical criticisms of the Indian Constitution: (a) that it is unwieldy, (b) that it is unrepresentative, and (c) that it is alien to Indian conditions. We will examine each fairly — the case for each, and the case against.
10.8.1 The unwieldy criticism
The first criticism is that the Indian Constitution is unwieldy — too long, too detailed, too cumbersome. This rests on the assumption that the entire constitution of a country must be found in one compact document. But this is not true even of countries like the U.S. The fact is that a country's constitutional framework is contained partly in a compact document and partly in other written documents and statutes that have constitutional status. Many constitutional statements and practices live outside the compact document.
In India, by contrast, many such details, practices and statements are folded into the single document — making it large in size. Many countries do not have provisions for an Election Commission or a Civil Service Commission in the document called the constitution. India does. So the size partly reflects a deliberate choice to include in one place what other systems scatter across different statutes. The criticism of length, then, is real but not fatal.
10.8.2 The unrepresentative criticism
The second criticism is that the Constitution is unrepresentative. The Constituent Assembly was indirectly elected by the Provincial Assemblies, which themselves were elected by a restricted franchise (only about 15% of adult Indians could vote at that time). Most members came from the advanced sections of society. There were only 15 women members in the Assembly — a striking gender imbalance.
To assess this fairly, NCERT distinguishes two components of representation: voice and opinion.
Voice
- People must be able to speak in their own language — not in the language of masters.
- By this measure, the Assembly was unrepresentative: it was chosen by restricted franchise, not universal suffrage.
- Many marginalised groups had no direct voice in their own words.
Opinion
- A wide range of issues, viewpoints and concerns must be raised in the debates.
- By this measure, the Assembly was not altogether unrepresentative.
- Members raised concerns of various social sections, even when those sections had limited voice.
The claim that ‘every shade of opinion was represented’ in the Constituent Assembly may be a slight exaggeration, but there is something to it. If you read the debates, you find a vast range of issues mentioned. Members raised matters not only based on their personal social locations but on the perceived interests and concerns of a wide variety of social sections. Is it a coincidence that the central square of every other small town has a statue of Dr. Ambedkar with a copy of the Constitution? Far from being a mere symbolic tribute, this expresses the feeling among Dalits that the Constitution reflects many of their aspirations.
10.8.3 The ‘alien’ criticism
The third criticism alleges that the Indian Constitution is an alien document, “borrowed article by article” from western constitutions, sitting uneasily with the cultural ethos of Indian people. This criticism was voiced even within the Constituent Assembly itself.
How far is this charge true? It is true that the Indian Constitution is modern and partly western — and Chapter 1 listed the various sources from which it ‘borrowed’ (Britain, USA, Ireland, Canada, Australia, etc.). But it was never blind borrowing — it was innovative borrowing. Two reasons explain why this does not make the Constitution alien:
(a) Modernity adopted as protest. Many Indians have not only adopted modern ways of thinking but have made these their own — using westernisation as a form of protest against the filth in their own tradition. Rammohan Roy began this trend; Dalits continue it. As early as 1841, Dalits in northern India were observed to be unafraid to use the newly introduced legal system to bring suits against their landlords. The new instrument of modern law was thus effectively adopted by Indians to address questions of dignity and justice.
(b) Hybrid ‘alternative’ modernity. When western modernity began to interact with local cultural systems, a hybrid culture emerged through creative adaptation — a culture for which a parallel can be found neither in western modernity nor in indigenous tradition. This cluster of newly developed phenomena, forged from western modern and indigenous traditional cultural systems, has the character of an alternative modernity. In non-western societies, different modernities emerged as people tried to break loose from their own past and from the version of western modernity imposed on them. The Constitution amalgamates western and traditional Indian values — it is selective adaptation, not borrowing.
10.9 Limitations — Honest Self-Criticism
None of this is to say that the Constitution is a perfect and flawless document. Given the social conditions in which it was made — partition, mass violence, refugee crisis, communal anxiety — it was natural that some matters were controversial and some areas needed careful revision. NCERT lists three principal limitations — honestly acknowledged in the textbook itself — and we may add a few more from the chapter's discussion.
It is possible to give answers to these limitations, to explain why each happened, or even to overcome them through later amendments and judicial interpretation. But the chapter's main argument is more important than any individual answer: these limitations are not serious enough to jeopardise the philosophy of the Constitution. They are problems within a sound framework, not symptoms of a failed framework.
The textbook says the Constitution glossed over gender justice within the family. Discuss in groups:
- What evidence supports this charge? Think of personal laws, inheritance, marriage age, household labour.
- Why might the framers have hesitated to legislate uniformly on family questions in 1950?
- If you were drafting the Constitution today, what specific articles would you propose to remedy this gap?
10.10 Defence of the Constitution — Why the Vision Holds
Despite the criticisms, NCERT defends the Constitution along three lines:
- The seven core features remain intact. Liberty, equality, social justice, secular pluralism, federalism, universal franchise and a common national identity continue to define the Indian polity sixty years after its making.
- The procedural openness was real. The deliberative spirit of the Assembly — reasons over interests, accommodation over imposition — remains a model for political negotiation.
- The borrowing was selective and creative. The Constitution combined western modern principles with the moral lessons of the freedom struggle — turning ‘borrowed’ articles into Indian instruments of self-rule and social transformation.
10.11 Conclusion — A Living Document
In the previous chapter we described the Constitution as a living document?. It is the seven core features and the procedural openness of the Constitution that give it this stature. Legal provisions and institutional arrangements depend on the needs of society and on the philosophy a society adopts. The Constitution gives expression to that philosophy. The institutional arrangements studied throughout this book rest on a core, commonly agreed vision — a vision that emerged through our struggle for independence. The Constituent Assembly was the platform on which this vision was stated, refined and articulated in legal-institutional form. The Constitution is the embodiment of that vision.
The best summary of this vision is found in the Preamble. Apart from the various objectives it lists, the Preamble makes a quietly humble claim: the Constitution is not given by a body of great men — it is prepared and adopted by ‘We, the people of India...’ The people are themselves the makers of their own destinies; democracy is the instrument they have used to shape their present and future.
More than five decades after the Constitution was drafted, we have fought over many matters. Courts and governments have disagreed on interpretations; the Centre and the States have differed; political parties have fought bitterly. Politics has been full of problems and shortcomings. And yet — if you ask the politician or the common citizen, you will find that everyone continues to share in the famous vision embodied in the Constitution: we want to live together and prosper together on the basis of equality, liberty and fraternity. This sharing in the vision — this continued allegiance to the philosophy of the Constitution — is the most valuable outcome of the working of the Constitution. In 1950, making this Constitution was a great achievement. Today, keeping alive the philosophical vision of that Constitution may be our most important achievement.
10.12 Pedagogy Components
Competency-Based Questions — Part 2
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.
You are part of a youth committee invited to suggest additions to the Preamble for a hypothetical new Indian republic in 2050. Without changing existing words, propose three new commitments that the Preamble should secure to all citizens (e.g., Ecological dignity, Digital privacy, Care for the disabled...).
- List the three new commitments.
- Justify each in one sentence using values already in the 1950 Preamble (justice, liberty, equality, fraternity).
- Write a 30-word combined sentence in Preamble style.
10.13 NCERT Exercises — Full Model Answers
- Both daughters and sons will have share in the family property.
- There will be different slabs of sales tax on different consumer items.
- Religious instructions will not be given in any government school.
- There shall be no begar or forced labour.
Yes — every one of these laws is rooted in a constitutional value.
(a) Equal share for daughters and sons reflects the value of gender equality and justice — the conviction that economic rights cannot depend on sex. (Hindu Succession Amendment 2005 makes this concrete.)
(b) Different slabs of sales tax on different items reflect economic justice and equality of opportunity — basic items are taxed less; luxury items are taxed more, so that the burden is proportionate to capacity.
(c) No religious instruction in government schools reflects secularism and individual liberty of conscience — the state, funded by all citizens, must not promote any one faith.
(d) The ban on begar and forced labour reflects liberty and human dignity — no person can be reduced to a tool of another's will. This is constitutionally guaranteed by Article 23.
Democratic countries need a constitution to…
- Check the power of the government.
- Protect minorities from majority.
- Bring independence from colonial rule.
- Ensure that a long-term vision is not lost by momentary passions.
- Bring social change in peaceful manner.
Why? Independence from colonial rule is achieved through political struggle, not through a constitution. A constitution is adopted after independence to organise the new state. Options (i), (ii), (iv) and (v) all describe genuine functions of a constitution in a democracy: limiting government, protecting minorities, embedding long-term vision, and enabling peaceful social change.
- Which of these statements argues that CAD are relevant even today? Which says they are not relevant?
- With which of these positions do you agree and why?
- Common people are too busy in earning livelihood and meeting different pressures of life. They can't understand the legal language of these debates.
- The conditions and challenges today are different from the time when the Constitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring past in the present.
- Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practices are important. In a period when constitutional practices are being challenged, not knowing the reasons can destroy them.
(i) Position (c) argues that the CAD are relevant today — because they preserve the reasons behind current constitutional practices. Position (b) argues that the CAD are not relevant — on the ground that the conditions then and now are different. Position (a) is a separate point about accessibility, not relevance — it neither affirms nor denies relevance.
(ii) The strongest position is (c). Indian society in its core values and challenges — majority/minority dynamics, federalism, equality, social justice — has not changed beyond recognition. When current practices are challenged, the CAD give us the reasons they were adopted, helping us defend them on principle rather than habit. Position (b) treats the past as foreign country; (c) treats it as a continuing conversation, which is closer to NCERT's view that “a history of our Constitution is still very much a history of the present.”
- Understanding of secularism.
- Articles 370 and 371.
- Affirmative action.
- Universal adult franchise.
(a) Secularism. The dominant western model is ‘mutual exclusion’ — state and religion stay strictly out of each other's domain, and religion is treated as a private matter. Indian secularism is ‘principled distance’: the state stands at a moral distance from all religions but may intervene or abstain depending on which choice better promotes liberty, equality and social justice. Hence the Indian state can ban untouchability and aid minority schools — both within the same secular framework.
(b) Articles 370 and 371. American federalism is constitutionally symmetric — each state has identical legal status. Indian federalism is constitutionally asymmetric: Articles 370 and 371 (and 371-A to 371-J) gave special provisions to particular states (Jammu & Kashmir historically, Nagaland, Mizoram, Meghalaya, Arunachal Pradesh, Sikkim, etc.) to meet specific local needs — protection of customary law, restrictions on outside immigration, special administrative arrangements. Western federalism does not generally embed such formal asymmetry in the constitution itself.
(c) Affirmative action. India constitutionally entrenched caste-based reservations for SCs and STs in 1950 — recognising that mere formal equality is not enough to overcome age-old hierarchies. The U.S. began affirmative action only with the Civil Rights Act of 1964 — almost two decades later, and not as a constitutional commitment but as legislation and executive policy.
(d) Universal adult franchise. Most western democracies extended the vote in stages — first to propertied men, then to all men, then (often only in the early or mid-twentieth century) to women and the working class. India adopted universal adult franchise at one stroke in 1950, with no property, literacy or gender filter, in a poor and largely illiterate society — a leap of faith that western democracies took centuries to make.
- that state will have nothing to do with religion
- that state will have close relation with religion
- that state can discriminate among religions
- that state will recognise rights of religious groups
- that state will have limited powers to intervene in affairs of religions
(d) The Indian Constitution recognises rights of religious groups — for example, the right to establish and maintain educational institutions (Articles 29–30). (e) The state has limited but real powers to intervene in religious affairs — for example, banning untouchability and opening Hindu temples to all classes — whenever liberty, equality and dignity require it.
Options (a), (b) and (c) are not adopted: the state is not strictly walled off from religion (so (a) is wrong), but neither does it have close ties with any one religion (so (b) is wrong), and it cannot discriminate among religions on grounds of belief (so (c) is wrong).
| Column A | Column B |
|---|---|
| a. Freedom to criticise treatment of widows | i. Substantive achievement |
| b. Taking decisions in the Constituent Assembly on the basis of reason, not self-interest | ii. Procedural achievement |
| c. Accepting importance of community in an individual's life | iii. Neglect of gender justice |
| d. Article 370 and 371 | iv. Liberal individualism |
| e. Unequal rights to women regarding family property and children | v. Attention to requirements of a particular region |
- a — iv (Liberal individualism): The freedom to criticise oppressive social treatment of widows is an exercise of individual freedom of thought and expression.
- b — ii (Procedural achievement): Reasoning over self-interest is precisely the deliberative procedural quality of the Assembly.
- c — i (Substantive achievement): Recognising community values is a substantive feature of the Indian Constitution's philosophy.
- d — v (Attention to a particular region): Articles 370 and 371 give special constitutional attention to specific regions (Jammu & Kashmir historically, North-East, etc.).
- e — iii (Neglect of gender justice): Unequal rights to women in family property and child custody are exactly what NCERT calls the gender-justice limitation.
Jayesh: I still think that our Constitution is only a borrowed document.
Saba: Do you mean to say that there is nothing Indian in it? But is there such a thing as Indian and western in the case of values and ideas? Take equality between men and women. What is western about it? And even if it is, should we reject it only because it is western?
Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government?
Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.
The most defensible position is the one shared by Saba and Neha — with which Jayesh's charge does not survive on its own terms.
Saba is right that values like equality between men and women cannot be branded ‘western’ or ‘Indian’ in any deep sense. They are universal moral claims that humans have arrived at through different cultural routes. To reject a value only because of its geographical association is to commit the genetic fallacy — rejecting an idea because of where it came from rather than because of what it says.
Neha is right that the freedom struggle was against colonialism, not against everything British. The Indian people fought to choose their own system of government — and they consciously chose a parliamentary system because it suited a multi-religious, multi-lingual society where consensus across groups is needed.
NCERT's own answer to Jayesh: the borrowing was selective and creative. Universal franchise from day one, principled-distance secularism, asymmetric federalism and constitutional reservations are all distinctively Indian innovations — not borrowed photocopies but creative adaptations producing an ‘alternative modernity’.
Why the making is called unrepresentative: The Constituent Assembly was elected indirectly by the Provincial Assemblies, themselves elected on a restricted franchise (only about 15% of adult Indians could vote at that time). Most members came from the advanced sections of society. Only 15 women members were present. So in terms of voice — people speaking in their own language, not the language of masters — the Assembly fell short of full universal representation.
Does that make the Constitution unrepresentative? — No, not when judged honestly. NCERT distinguishes ‘voice’ from ‘opinion’. By the ‘voice’ standard the Assembly was unrepresentative; by the ‘opinion’ standard it was not, because a vast range of issues, social concerns and group interests were brought up in the debates. Members spoke not only from personal experience but in light of the perceived interests of various social sections. The Constitution has further earned its representativeness by being ratified by every general election since 1952 under universal adult franchise — and by the visible mass allegiance of common citizens, evident in the Ambedkar statues that stand in town squares across India holding the Constitution.
Evidence for the charge:
- At the time of drafting, daughters did not have an equal share in coparcenary (ancestral) property under classical Hindu law — corrected only in part by the Hindu Succession Act 1956 and substantially by the 2005 amendment.
- Personal laws on marriage, divorce, custody and maintenance still vary across religious communities, often disadvantaging women.
- The marital rape exception persisted in criminal law for decades.
- Only 15 women were members of the Constituent Assembly — the gender voice in the original drafting was limited.
- The Constitution did not initially mandate political reservation for women in Parliament or State Legislatures.
Provisions one could recommend today:
- An explicit constitutional guarantee of equal rights in family property, succession and matrimonial assets, regardless of gender or religion.
- Reservation of one-third (or one-half) of seats for women in Parliament and State Legislatures, mirroring the 73rd/74th Amendment reservations in local government.
- An explicit fundamental right against gender-based violence, including domestic and sexual violence.
- Statutory recognition of household labour and care work as economic contribution.
- A constitutional duty on the state to ensure parity in maintenance, guardianship and inheritance across all personal laws.
Yes — the statement carries genuine force. In a poor country, food, shelter, work, education and health are arguably the most basic conditions of dignified life. By placing them in the non-justiciable Directive Principles (Articles 36–51), the framers made them aspirational rather than enforceable — meaning citizens cannot directly sue the state for their non-fulfilment. This created a striking asymmetry: liberty and equality of citizens with food and shelter is meaningful in court; liberty and equality of citizens without food and shelter is far less so.
Possible reasons the framers chose Directive Principles:
- Resource constraint. A newly independent, poor state could not realistically guarantee a minimum income or housing to every citizen on day one. Making such guarantees justiciable would have made every government potentially liable in court for poverty itself.
- Policy flexibility. Directive Principles allow successive governments to interpret and pursue social goals through different policy mixes — planning, redistribution, market-based growth — rather than locking in one model.
- Judicial enforceability problems. Socio-economic rights require positive provision; their enforcement involves complex resource trade-offs that courts are not always best placed to make.
- Aspirational guidance. The framers saw Directive Principles as ‘fundamental in the governance of the country’ (Article 37), guiding legislation over time. Subsequent court rulings have read several of these into the right to life under Article 21 — bringing them, in effect, into the fundamental-rights fold.
In short, the limitation is real, but it has been progressively softened — through legislation (Right to Education Act 2009, MGNREGA 2005, Food Security Act 2013) and through judicial interpretation that reads dignity-related socio-economic guarantees into Article 21.
Constitution Day (Samvidhan Divas) is observed on 26 November every year, marking the day in 1949 when the Constituent Assembly adopted the Constitution. Students typically take part in:
- Reading the Preamble aloud in school assembly — a national ritual since 2015.
- Speeches and quizzes on the framers, the seven core values, and the Preamble.
- Skits or role-play based on Constituent Assembly debates — especially Ambedkar's closing speech of 25 November 1949.
- Poster or essay competitions on themes such as ‘Living Constitution’ or ‘We, the People’.
- A short address by the principal or a guest speaker on the relevance of the Preamble to current issues.
You may write your own description with the actual events of your school: the date, the participants, what was read, who spoke, and what you personally took away from the day. The textbook's aim is to make the Constitution feel alive in your everyday school world — not as a museum object but as a shared vision you choose to keep alive.
10.14 Summary — The Whole Argument in One Page
The Philosophy of the Constitution — Summary
- What is a constitution's philosophy? The set of moral and political values that animate it. The Indian Constitution is not just law; it is a moral vision.
- Two functions: The Constitution both limits state power and empowers the powerless — a distinctive double role.
- Seven core features: individual freedom, social justice, respect for diversity and minority rights, secularism (principled distance), universal adult franchise, asymmetric federalism, common national identity.
- Preamble — the moral identity card: India is a Sovereign, Socialist, Secular, Democratic Republic that secures Justice, Liberty, Equality and Fraternity to all citizens.
- Substantive achievements: liberal individualism reinvented; social justice with liberty; group rights; universal franchise; asymmetric federalism.
- Procedural achievements: faith in deliberation, openness to revising preferences, justification by reason, spirit of compromise and accommodation.
- Three classical criticisms: unwieldy, unrepresentative, alien — each contains a grain of truth and a larger answer.
- Honest limitations: centralised idea of unity, gender justice within the family, socio-economic rights as DPSP, national-language ambiguity, parliamentary instability concerns, contested property amendments, charge of foreign borrowings.
- Verdict: The Constitution is a living document — balancing change and continuity. Making it in 1950 was a great achievement; keeping its philosophical vision alive today is our continuing achievement.
10.15 Key Terms
🌟 End of Book — Indian Constitution at Work 🌟
You have reached the final page of Indian Constitution at Work — Class 11 Political Science (NCERT). Across ten chapters you have walked through the making, the values, the institutions and now the philosophy of the Indian Constitution. You have met the Constituent Assembly, the President and the Prime Minister, Parliament and the Supreme Court, the federal balance, the local government, the executive, and finally the moral vision that holds it all together.
The Constitution is not a museum object. It belongs to you. Its Preamble begins with three words: We, the People. That “we” includes every reader of this book.
In 1950, making this Constitution was a great achievement. Today — and tomorrow — keeping its philosophical vision alive is your achievement. Read it again whenever in doubt. Argue with it. Live by it. Pass it on.
⯈ End of Book — Indian Constitution at Work ⯊