Exercises · Q4
Q.Explain the difference between Indian Constitution and western ideas re:
(a) secularism
(b) Articles 370/371
(c) affirmative action
(d) universal adult franchise.
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Start your 14-day free trial to unlock the full solution →India's Constitution departs from mainstream Western liberal-democratic models in each of these four areas: it practices "principled distance" secularism rather than strict separation; it builds in asymmetric federalism (Articles 370/371) rather than treating every state identically; it constitutionally entrenched caste-based affirmative action from 1950 rather than leaving group-based redress to later ordinary legislation; and it granted every adult citizen the vote immediately and universally, rather than extending the franchise gradually over a long historical struggle as most Western democracies did.
- Secularism: the mainstream Western conception treats secularism as the strict 'mutual exclusion' of religion and state — neither is supposed to intervene in the other's affairs at all, to protect individual freedom. India's Constitution departs from this in two ways: it recognises rights belonging to religious groups (not just individuals), such as the right to run their own educational institutions, and it retains a real power for the state to intervene in religious affairs where religiously sanctioned customs (like untouchability) strip individuals of basic dignity. The result is 'principled distance' rather than strict separation — the state stays distant enough to be free to help or hinder a religious practice, whichever better serves liberty, equality and social justice.
- Articles 370 and 371: Western federal models, like the American one, are built on constitutional symmetry — every state or sub-unit holds broadly the same legal status. India instead builds in asymmetric federalism directly into its Constitution: Articles 370 and 371 give certain regions (Jammu & Kashmir historically, and the North-East) a distinct legal status and a unique relationship with the Union to meet their own specific needs, rather than treating every state identically. …
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