Political Science Answer Writing Practice 2018 - Week 7 - Question 5
90 Days Political Science Answer Writing Practice Question 1 for 28-Dec-2018
Instructions for Writing Answer
1. Write your answers in the comment section.
2. Experts will provide their feedback in reply.
3. Model Answers will be uploaded on this page the next day.
4. Rectify your mistakes and progress further.
5. All the Best.
28-Dec-2018 - Question 1
Indian Constitution is a Lawyer’s paradise. Ivor Jennings (2018) - 150 words
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Indian constitution is called as living constitution. The Indian constitution is the supreme law of India. It defines fundamental, political principles, establishes the structure, procedures and duties of the government institutions and sets out fundamental rights, directive principles and duties of citizens. However, a criticism against the Indian Constitution because of its length and elaborate legal language is that it is “A Lawyers’ Paradise”.
Making a general comment on the Constitution, one member in the Constituent Assembly observed, “The draft tends to make people more litigious, more inclined to go to law courts, less truthful and less likely to follow the methods of truth and non-violence. If I may say so, the Draft is really a lawyers’ paradise. It opens up vast avenues of litigation and will give our able and ingenious lawyers plenty of work to do”.
Many members of the Constituent Assembly were "lawyer-politicians" for eg. Sardar Patel, Jawahar Lal Nehru, Amberkar, Rajendra prasad etc. Therefore it was maintained that because the Drafting Committee was consisted of mostly lawyers and as lawyer’s minds are prone to verbiage, arguments, twisting and bending of words, they deliberately made the Constitution a long and complex document. They have made the constitution not only long, but also extremely complicated.
Ivor Jennings has described our constitution as a 'lawyer's paradise'. Jennings said that a constitution should be intelligible to common people, but they fail to clearly understand the Indian constitution which is very complex. Every article of this constitution can be interpreted by the higher judiciary, and lawyers, while interpreting, different articles, further complicate the constitution.
It is true that the Constitution is a long and complex document. The long size and the complexity was the result of many contributory factors. But the fact that it is a long document and therefore it is prone to be a source of litigation is not correct.
Indian constitution is praised as a living constitution and the cornerstone of our country. It has given justice and the life of dignity to its many citizen. It also helped make India largest democracy.
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