Question

What is the limitation of Indian constitution?

Answer 1

It is true that there are inadequate provisions for gender justice in the Constitution. Though it is a fundamental right of every citizen to be treated equally but there is no specification of the basis of gender but specification is made on religion, caste and class.

Citizens cannot be exploited or discriminated on the basis of their caste, class, language and religion but there is no mention of gender. Respect for women has been confined to the directive principles and women’s rights are not specified so that they can be interpreted and defended by the judiciary. The status of women within family has also been ignored in the Constitution. Thus, it makes no special privileges for almost half of the population while there are provisions for affirmative action for other socially backward groups and minorities.

Provisions for women

- Freedom of conscience and profession irrespective of the gender of the citizen

- Right to liberty and personal freedoms specially speech and expression irrespective of the gender of the citizen

- Move freely and safely throughout the territory of India

- Right to life and liberty

- Minimum age of marriage- 21 years for both males and females

- Making education is must for girl child

- Curbing practices like female infanticide and foeticide with harsh punishment for either

- Protection from domestic violence

- Protection from any kind of sexual harassment

Answer 2

(1) The Constitution is comprehensive and in fact too comprehensive. Some provisions seem too redundant to be considered a part of the Constitution.

(2)There is a strong bias towards centre in our federal structure.

(3)There is no provision to maintain efficiency of Legislature like minimum number of working hours, minimum number of hours to be spent on legislation, budget discussion, etc.