Question

Under the 'Optimistic Policies' which provision is given in the constitution?
Universal adult suffrage
Right to constitutional remedies
Judicial review
Provision for backward section and tribes​

Answer 1

Answer:

Constitution making is a contest over

the distribution, redistribution, and

limitation of power. The making or

remaking of a constitution is of particular

significance in divided and conflicted socie-

ties, where the process frequently is part of

peacemaking and nation-building endeav-

ors. Traditionally, negotiating a constitution

was the province of political leaders who

held power or claimed it. Drafting the con-

stitutional text was expert work. The public

was, at most, drawn in only to give consent

to the final version. In a significant change,

it is now widely assumed that whatever the

axes of conflict, the constitutional outcome

will be more sustainable if those who experi-

enced past injustices are involved in creating

new solutions. The widening and deepening

of public participation characteristic of many

recent processes have involved power sharing

with a general public that extends to groups

that were previously excluded: women, mi-

norities, the poor, and the otherwise margin-

alized. The resulting process may on the one

hand seem more just, but on the other be less

controlled.

The International Covenant on Civil

and Political Rights (ICCPR), which came

into force in 1976, declared a right to take

part in public affairs. If this general right to

democratic governance is taken to extend to

constitution making, then the only issue for

discussion—no small issue—is how best to

implement the right through practices that

are fair, efficient, and effective. This chapter

explains that the first part of this proposi-

tion, that participation is a requirement of

a constitution-making process, has only re-

cently gained recognition in international

law, and that the law remains in need of fur-

ther clarification and development in impor-

tant respects. Legal justifications matter, not

least as a resource for disadvantaged mem-

bers of the polity, and it is therefore worth-

while to substantiate the case for a legal right

to participation, as this chapter aims to do.

But constitution making is an inherently po-

litical as well as legal process. It is not sur