Constitution as a Living Documents — Political Science STD 11 Humanities — Question

Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?

Explain the concept of principled distance.

Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation?

Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?

The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”

A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.

1. Which different rights does this case involve? How are these rights interlinked?
2. Should these rights form part of the right to life?

This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why.
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.

Read this discussion and say which of these statements applies most to India.
Alok: Prime Minister is like a king, he decides everything in our country.
Shekhar: Prime Minister is only 'first among equals', he does not have any special powers. All ministers and the PM have similar powers.
Bobby: Prime Minister has to consider the expectations of the party members and other supporters of the government. But after all, the Prime Minister has a greater say in policy making and in choosing the ministers.

Match the following concepts with appropriate instances:

a.	Affirmative action	i.	Every adult citizen has a right to vote.
b.	Equality of opportunity	ii.	Banks offer higher rate of interest to senior citizen.
c.	Equal Rights	iii.	Every child should get free education.

Indian electoral system aims at ensuring representation of socially disadvantaged sections. However, we are yet to have even 10 percent women members in our legislatures. What measures would you suggest to improve the situation?