24 Questions
What does Subhash Kashyap argue about the Preamble?
It suggests a positive reading of liberty.
Which article of the Indian Constitution guarantees freedoms of speech, expression, assembly, etc?
Article 19
What does Martha Nussbaum argue is a key difference between the Indian and American Constitutions?
The Indian Constitution typically specifies rights affirmatively.
According to Galanter, what did the Constitution establish?
A regime of formal equality spanning a society of legendary hierarchy.
What was one of the primary goals of the Indian Constitution?
To ensure equality of citizens.
What did the architects of the Constitution perceive as an obstacle to the idea of India as a cohesive nation?
Socio-economic inequalities.
What does Nussbaum argue about the Indian Constitution's approach to affirmative action?
It explicitly denies that affirmative action is incompatible with the idea of equality of opportunity.
What is implied by the locution 'all citizens shall' in Article 19?
That non-state actors cannot violate the liberty of individuals.
What was the primary purpose of incorporating Fundamental Rights into the Constitution?
To ensure that civil liberties are treated as sacrosanct and inviolable for all citizens
What was the vision of the Constituent Assembly regarding individual rights and cultural particularities?
There is no contradiction between individual rights and cultural particularities
When did the demand for a set of legally enforceable civil rights first emerge in India?
1895
What was the outcome of the Constituent Assembly's decision to protect group rights?
The protection of minority interests through Cultural and Educational Rights
What was the purpose of Part III of the Constitution?
To create a society egalitarian to the extent that all citizens were to be equally free from coercion or restriction
What was the significance of incorporating Fundamental Rights in the Constitution?
It foreclosed the option of discretionary curtailment of civil rights
What was the understanding behind the preferential provisions for religious minorities?
That minorities have a way of life that needs acknowledgement and protection
What was the vision of the Indian Constitution makers regarding multicultural rights?
That there is no contradiction between participation in the political realm and one's cultural positionality
What is the primary justification for positive discrimination policies in India, according to the group disadvantage argument?
Redistribution that stops short of equality of results
What is the main focus of the Indian Constitution's notion of liberty?
Presence of freedom for citizens
What is the primary goal of the Indian Constitution's provisions for mandatory reservation for Scheduled Castes and Scheduled Tribes?
Redistribution of positional goods
What is the relationship between Part III and Part IV of the Indian Constitution, according to scholars?
There is a tension between Part III and Part IV
What is the significance of the abolition of the right to property as a fundamental right in the Indian Constitution?
It emphasizes the importance of socio-economic justice
What is the primary approach of the Indian Constitution towards social justice?
Philosophy of going beyond equality as non-discrimination
What is the role of the Indian State in realizing the goals of the Directive Principles, according to scholars?
The State has lived up to the expectations of the Directive Principles
What is the significance of the right to education and the right to work in the Indian Constitution?
They are examples of socio-economic justice policies
Study Notes
Civil Liberties
- The Constituent Assembly laid down a set of civil liberties that are sacrosanct and inviolable for all citizens.
- Part III of the Constitution lays down a Bill of Rights to foster a social revolution, creating a society egalitarian to the extent that all citizens are equally free from coercion or restriction.
- The demand for a set of legally enforceable civil rights was made as early as 1895 and was a recurrent demand of Indians, but was never granted until the Constitution was established.
Cultural and Educational Rights
- The protection of group rights through the insertion of Cultural and Educational Rights in Part III (Articles 25-30) was the result of requests from minority groups who wanted their interests protected.
- The Constitution abolished the practice of separate electorate for minorities, but established 'preferential provisions for religious minorities' based on an understanding that even minorities have a 'way of life' that needs acknowledgement and protection.
Liberty and Freedoms
- The Preamble explicitly speaks of liberty of thought, expression, belief, faith, and worship, suggesting a positive reading of liberty.
- Article 19 guarantees freedoms of speech, expression, assembly, etc.; Articles 25-28 protect rights pertaining to freedom of religion; and Articles 29 and 30 protect cultural and educational rights of religious minorities.
- All these rights, which are also justiciable, are in the language of positive rights and freedoms.
Equality
- The Constitution established a "regime of formal equality" in a society of legendary hierarchy, warranting the government to take measures to mitigate prevailing inequalities.
- The primary goal of the Indian Constitution has been to ensure equality of citizens, with explicit provisions for mandatory reservation for Scheduled Castes and Scheduled Tribes in elected legislative bodies, public employment, and education.
Socio-Economic Justice
- The Indian State has translated many of the Directive Principles into entitlements, expanding the boundaries of justice through public policy, such as the right to education and the right to work.
- The abolition of the right to property as a fundamental right is another example of the State's commitment to socio-economic justice.
This quiz covers the civil liberties enshrined in the Indian Constitution, specifically Part III of the Constitution that ensures equal freedom from coercion or restriction for all citizens.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
