- SHORT QUESTIONS AND ANSWER
Question 1: Which ideals are stressed upon in the objective resolution of Indian Constitution? Clarify.
Answer:
The Objective Resolution, presented by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, laid out the foundational ideals and objectives for the Indian Constitution. Here are the key points stressed upon in the Objective Resolution:
- Independent Sovereign Republic: India was declared an independent sovereign republic, emphasizing its self-governance and autonomy.
- Justice, Equality, and Fraternity: The resolution assured justice, equality, and fraternity to all citizens of India. These principles formed the bedrock of the Constitution, ensuring fairness, equal rights, and a sense of brotherhood among the people.
- Safeguards for Minorities and Backward Classes: Adequate safeguards were provided for minorities and the backward and depressed classes, ensuring their protection and well-being.
Question 2: What reason is being given by Jawaharlal Nehru for not using the word Democracy? Analyse.
Answer:
Jawaharlal Nehru refrained from using the term “democracy” in the Objective Resolution for specific reasons. Let’s delve into this:
- Inclusivity and Broader Vision: The Objective Resolution was not merely a binding legal document but rather an aspirational statement. By avoiding the term “democracy,” Nehru aimed to emphasize a more comprehensive vision for India. It went beyond mere political structures and sought to address social, economic, and cultural aspects as well.
- Republic vs. Democracy: Nehru believed that the term “republic” encapsulated the essence of democracy. A republic signifies not only political democracy but also the sovereignty of the people and their participation in shaping the nation. By using “republic,” Nehru conveyed that India would be a nation where power emanated from the people themselves.
- Appeal to Conscience: The Objective Resolution was an appeal to the conscience of the Constituent Assembly members. It urged them to consider the core values of Indian society while framing the Constitution. Nehru’s choice of words aimed to inspire a commitment to justice, equality, and fraternity beyond mere procedural democracy.
Question 3: The Indian Constitution came into effect on 26 January, 1950. What could have been the intention of choosing this particular day?
Answer:
The Indian Constitution came into force on 26 January 1950, marking a significant milestone in India’s history. Let’s explore the intention behind choosing this particular day:
- Symbolic Significance: 26 January holds immense symbolic value. On this day in 1930, during the Indian National Congress session, the call for Complete Independence or Purna Swaraj was made. By adopting the Constitution on the same date, India reaffirmed its commitment to full sovereignty and self-governance.
- Transition to Republic: The adoption of the Constitution transformed India from a dominion under the British Commonwealth (since 1947) to a modern republic. On this day, the Preamble to the Constitution, which outlines its key principles, came into effect. India became a nation where fundamental rights were guaranteed to all citizens123.
- Republic Day Celebrations: Since then, Republic Day is celebrated annually on 26 January. The grand Republic Day Parade in New Delhi showcases India’s military strength, cultural heritage, and unity. The President of India, as the Commander-in-Chief, takes the salute during this iconic event.
Question 4: Explain the arguments given in favor and against separate electorate in the Constituent Assembly.
Answer:
The arguments for and against separate electorates in the Constituent Assembly:
- Arguments in Favor of Separate Electorates:
- Harmony and Representation: Separate electorates were seen as a political framework where minorities could coexist harmoniously with the majority. It aimed to provide better representation to minority communities within the political system of the country.
- Minimizing Differences: By allocating separate electorates, it was believed that differences between different communities could be minimized, fostering a sense of unity and understanding.
- Arguments Against Separate Electorates:
- Divisive Measure: Critics argued that separate electorates were a deliberate measure introduced by foreign rulers to divide the people. It had the potential to create divisions and conflicts among communities.
- Violence and Civil War: Separate electorates could lead to riots, violence, and civil war, as one community might turn against another. Historical precedents, such as the partition, highlighted the dangers of such division.
- Poison in Political System: Some leaders considered separate electorates as a poison within any political system. It not only divided the nation but also caused bloodshed, isolating minorities from the majority.
Question 5: How Indian constitution safeguards the rights of Centre and state governments?
Answer:
The Indian Constitution meticulously outlines mechanisms to safeguard the rights and responsibilities of both the Central Government (often referred to as the Union Government) and the State Governments. Let’s explore these safeguards:
- Legislative Relations:
- Article 245 to 255 of the Constitution delineate the legislative relationship between the Centre and the states.
- The Constitution divides legislative powers between them concerning territories and subjects of legislation.
- While Parliament has the authority to pass laws covering all or part of India’s territory, state legislatures have their own areas of jurisdiction1.
- Administrative Relations:
- The distribution of executive powers ensures a balance between the Centre and states.
- The Constitution defines the obligations of both levels of government.
- The Centre can issue directions to states, and there is mutual delegation of functions.
- Bodies like the All-India Services and the Public Service Commission play a crucial role in maintaining administrative harmony.
Financial Relations:
- The Constitution allocates taxing powers between the Centre and states.
- It restricts the states’ taxation authority to prevent overlapping.
- Goods and Services Tax (GST) Council ensures cooperative decision-making on indirect taxes.
- Financial assistance through grants-in-aid supports state development.
Question 6: According to N. G. Ranga who are minorities and towards which gulf he drew the attention that separated the broad masses of Indians?
Answer:
According to N. G. Ranga, the real minorities in India are not the Hindus in the so-called Pakistan provinces, not the Sikhs, and not even the Muslims. Instead, the true minorities are the masses of this country who have been depressed, oppressed, and suppressed. These marginalized people are unable to fully enjoy their ordinary civil rights. Ranga drew attention to the gulf that separates these broad masses of Indians from those who claim to speak on their behalf in the Constituent Assembly. To protect these real minorities, more than just the Objectives Resolution is needed.
Question 7: The discussions within the Constituent Assembly were influenced by the public opinion.’ Corroborate the statement.
Answer:
The public opinion had a significant impact on the deliberations of the Constituent Assembly in the following ways:
- Public Debate: There was vigorous public debate on all the resolutions proposed during the constitution-making process. These debates were reported in newspapers, allowing citizens to stay informed about the arguments presented by different members on various issues.
- Media Influence: Criticisms and counter-criticisms in the press shaped the nature of the consensus ultimately reached on specific issues. The opinions expressed in newspapers and proposals were publicly debated, contributing to the decision-making process within the Assembly.
Question 8: How many lists are provided in the Constitution? Write the name of one subject under each list.
Answer:
The Indian Constitution includes three important lists that define the distribution of powers between the Union government and the State governments.
- Union List (List I):
- Originally consisting of 97 subjects, it now encompasses 100 subjects.
- The Union List grants exclusive powers to the Central government to legislate on matters related to these subjects.
- It includes crucial issues that are significant for the entire nation and require uniform legislation across India.
- For instance, subjects like defense, foreign affairs, and currency fall under the Union List.
- State List (List II):
- Initially comprising 66 items, it now covers 61 subjects.
- The State List empowers State legislatures to create laws exclusively on these subjects.
- Matters related to police, public health, and agriculture are examples of State List subjects.
- The 42nd Amendment Act of 1976 shifted certain subjects (such as education, forests, and administration of justice) from the State List to the Concurrent List.
- Concurrent List (List III):
- The Concurrent List originally contained 47 subjects, which has now increased to 52 subjects.
- These subjects are under the joint jurisdiction of both the Union and State governments.
- Laws can be made by both levels of government on these matters.
- Examples include criminal law, marriage, and bankruptcy and insolvency.
Question 9: Mention any three characteristics of Indian Constitution.
Answer:
- Lengthy and Detailed:
The Indian Constitution is known for its extensive and detailed nature. It is one of the lengthiest constitutions in the world, comprising a comprehensive set of provisions that cover various aspects of governance, fundamental rights, directive principles, and the structure of the government.
- Federal System with Unitary Bias:
The Indian Constitution establishes a federal system of government, dividing powers between the central and state governments. However, it also incorporates a unitary bias by granting significant powers to the central government during emergencies. This unique blend allows for a strong center while maintaining the autonomy of states.
- Secularism and Equality:
The Indian Constitution enshrines the principles of secularism and equality. It guarantees freedom of religion to all citizens and ensures that the state does not favor any particular religion. The concept of equality is emphasized through provisions that prohibit discrimination based on religion, caste, gender, or place of birth, promoting a just and inclusive society.
Question 10: How were the Constitutional experiments before 1946 different from constitutional developments done by the Constituent Assembly?
Answer:
- Constitutional Experiments Before 1946:
- Proposals and Demands: Prior to 1946, there were several proposals and demands for a Constituent Assembly. Leaders like M.N. Roy advocated for its formation as early as 1934.
- British Influence: These earlier attempts were influenced by British policies and colonial rule. The Government of India Act, 1935, for instance, imposed a constitution that did not align with Indian aspirations.
- Limited Representation: The pre-1946 constitutional experiments lacked broad-based representation. They did not involve a comprehensive assembly with representatives from all regions and communities.
- Constituent Assembly (Post-1946):
- Formal Establishment: The Constituent Assembly of India was formally established in 1946 under the Cabinet Mission Plan.
- Comprehensive Representation: Unlike earlier experiments, the Constituent Assembly included representatives from both British Indian provinces and princely states. It had a total membership of 389.
- Drafting the Constitution: The Constituent Assembly undertook the enormous task of drafting the Indian Constitution. It worked diligently from December 1946 to December 1949 to create the foundational document for independent India.
- Sovereign Authority: After India’s independence in 1947, the Constituent Assembly transformed into the sovereign Constituent Assembly for the Dominion of India. Its members served as the nation’s first Parliament.
Question 11: Why majority of the leaders argued for strong Centre in the Constituent Assembly?
Answer:
Reasons for Advocating a Strong Central Government:
- Preventing Chaos and Communal Violence: Almost all members of the Constituent Assembly supported a strong central government. They believed that a robust center was necessary to prevent chaos, communal violence, and maintain law and order.
- Economic Development: Leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, Gopalaswamy Ayyangar, and Balakrishna Sharma argued that only a strong central government could effectively plan for the country’s welfare, mobilize economic resources, establish suitable administration, and defend the nation against foreign aggression.
- Ensuring Effective Management: Given India’s vast size and diversity, a powerful center was seen as essential for efficient governance and resource mobilization. Balakrishna Sharma emphasized that only an intense center could ensure effective management.
Question 12: When and by whom the Objective resolution was presented and how was it a historic resolution?
Answer:
The Objective Resolution, a pivotal moment in India’s constitutional history, was presented by Pandit Jawaharlal Nehru on December 13, 1946. This resolution served as the guiding compass for the formation of our Constitution and eventually evolved into the Preamble of the Indian Constitution. Its significance lies in the following aspects:
- Guiding Principles: The Objective Resolution encapsulated the fundamental principles and ideals that would shape the new nation. It laid down the groundwork for India’s constitutional framework, emphasizing values such as equality, liberty, democracy, and sovereignty.
- Moral Commitment: By adopting this resolution, the Constituent Assembly expressed its moral commitment to fulfill the promises made during the nationalist movement. It symbolized the collective aspirations of the Indian people and their vision for an independent, just, and inclusive nation.
- Preamble Foundation: The Preamble of our Constitution draws directly from the Objective Resolution. It reflects the soul of our Constitution, encapsulating the core ideas and philosophy that guide our democratic republic.
Question 13: Explain in detail the steps taken by Dr B.R. Ambedkar to safeguard the rights of depressed castes.
Answer:
Dr. B.R. Ambedkar, a visionary leader and champion of social justice, took several significant steps to safeguard the rights of the depressed castes (also known as Dalits).
- Mahad Satyagraha (1927):
- In Mahad, Maharashtra, Dr. Ambedkar led a nonviolent protest known as the Mahad Satyagraha.
- The objective was to challenge the deeply ingrained caste-based discrimination faced by the oppressed castes.
- The Satyagraha aimed to assert the right of equal access to public resources, including water bodies, temples, and schools, which were often denied to the Dalit community.
- Dr. Ambedkar’s leadership during this protest marked a significant step towards achieving social justice and civil rights for Dalits.
- Advocacy and Legal Efforts:
- Dr. Ambedkar actively advocated for the welfare of the depressed classes.
- He started an Association for their well-being and launched the Bahishkrit Bharat newspaper to address their cause.
- His legal background and expertise allowed him to fight for their rights through legal channels.
- Poona Pact (1932):
- In 1932, Dr. Ambedkar signed the Poona Pact with Mahatma Gandhi.
- This pact abandoned the idea of separate electorates for the depressed classes (previously proposed under the Communal Award).
- Instead, it ensured reserved seats for them within the general electorate, thus safeguarding their political representation.
Question 14: “The years immediately preceding the making of the Constitution had been exceptionally tumultuous.” Clarify with examples.
Answer:
The period leading up to the creation of the Indian Constitution was indeed marked by significant upheaval.
- Quit India Movement (1942):
- In 1942, during World War II, Mahatma Gandhi launched the Quit India Movement.
- This mass protest aimed at demanding an end to British colonial rule in India.
- People across the country participated in strikes, demonstrations, and civil disobedience, challenging British authority and demanding immediate independence.
- Partition of India (1947):
- On August 15, 1947, India achieved independence, but it came at a heavy cost.
- The subcontinent was partitioned into two separate nations: India and Pakistan.
- The communal violence during partition resulted in immense suffering, loss of lives, and displacement of millions of people.
- Social and Political Unrest:
- The years preceding the Constitution-making process witnessed intense debates on issues like representation, rights, and social justice.
- Leaders grappled with questions related to caste, religion, and language while envisioning a new India.
- The Objective Resolution, presented by Jawaharlal Nehru, laid down the foundational principles for the Constitution, reflecting the aspirations of a diverse nation.
- LONG QUESTIONS AND ANSWER
Question 1: Examine the arguments given by various members of the Constituent Assembly in support of a strong Centre.
Answer:
- Dr. B.R. Ambedkar and Jawaharlal Nehru:
- Both Dr. Ambedkar and Nehru staunchly advocated for a strong central government.
- Reasons:
- Preventing Communal Violence: They feared that without a strong center, intercommunal conflicts and riots might escalate, leading to the disintegration of the country.
- Effective Governance: Given India’s vast size, diversity, and complex social fabric, they believed that only a powerful central authority could ensure efficient governance.
- Resource Mobilization: A strong center would be better equipped to plan for the welfare of the nation and effectively mobilize economic resources.
- National Defense: To safeguard the country against foreign aggression, a centralized defense mechanism was essential.
- Balakrishna Sharma:
- Balakrishna Sharma, a member of the United Provinces, also supported a strong center.
- Arguments:
- Welfare Planning: He emphasized that only a strong central government could formulate comprehensive plans for the country’s welfare.
- Resource Utilization: A robust center could efficiently mobilize available economic resources.
- Effective Administration: Setting up a suitable administration required centralized authority.
- National Security: A strong center was crucial for defending the nation against external threats.
- Gopalaswamy Ayyangar:
- Ayyangar echoed similar sentiments, emphasizing the importance of a strong center.
- Rationale:
- National Well-Being: A powerful central government was essential for the overall well-being of the nation.
- Resource Management: Effective utilization of resources required centralized planning and coordination.
- Defense Preparedness: A strong center could ensure the proper defense of the country.
- K. Santhanam:
- While some members favored a strong center, others, like Santhanam from Madras, leaned toward granting more powers to the states.
- Balancing Act: The Constituent Assembly grappled with striking a balance between a strong center and empowering the states.
- Ultimately, the Assembly recognized the significance of having a robust central authority to maintain stability and unity.
Question 2: ‘Majority of the members of the Constituent Assembly were against the idea of separate electorate in India. Assess the statement.
Answer:
The statement that the majority of the members of the Constituent Assembly were against the idea of separate electorates in India reflects the historical context and deliberations during the framing of the Indian Constitution. Here’s a more detailed assessment:
- Context of Separate Electorates:
The concept of separate electorates was initially introduced in the Government of India Act, 1909, by the British colonial administration. It allowed for separate representation of different religious communities in legislative bodies, based on their religion. This was seen as a measure to safeguard the interests of various religious groups.
- Criticism and Concerns:
However, by the time the Constituent Assembly was formed in 1946, there was a growing consensus among its members against the continuation of separate electorates. Several reasons contributed to this stance:
- Fragmentation of Society: Separate electorates were criticized for fragmenting Indian society along religious lines. Critics argued that this practice perpetuated divisions and hindered the development of a united, secular nation.
- Obstacle to National Integration: Members of the Constituent Assembly were committed to building a united and integrated India post-independence. They believed that separate electorates would impede the process of nation-building by reinforcing communal identities rather than promoting a shared national identity.
- Secular Principles: The framers of the constitution were influenced by secular principles, aiming to establish a democratic and inclusive society that transcended religious affiliations. The idea of separate electorates contradicted these principles, as it emphasized religious identity over civic and national identity.
- Incorporation of One Person, One Vote Principle:
The Constituent Assembly opted for the principle of ‘one person, one vote’ to ensure that every citizen had an equal say in the democratic process, irrespective of their religious background. This was a significant departure from separate electorates, emphasizing the idea of a unified, democratic nation where individuals voted as citizens rather than as members of specific religious communities.
- Constitutional Provisions:
Ultimately, the Constitution of India, adopted in 1950, did away with separate electorates. Instead, it established a system of reservation for socially and educationally backward classes, ensuring representation and opportunities for historically marginalized groups without dividing the electorate along religious lines.
Question 3: How many members the Constituent Assembly had in all? Which six members had particularly important roles? What was their role in framing the Constitution?
Answer:
Constituent Assembly Membership:
The Constituent Assembly of India, convened to draft the country’s constitution, originally had 389 members. However, due to subsequent changes and resignations, the total number varied at different times. Ultimately, 284 members signed the final version of the Constitution on January 24, 1950.
Six Members with Important Roles:
Dr. B.R. Ambedkar:
- Dr. B.R. Ambedkar was the Chairman of the Drafting Committee, one of the most crucial committees within the Constituent Assembly. He played a pivotal role in framing the Constitution and is often referred to as the “Father of the Indian Constitution.”
- Ambedkar brought his expertise in law and a deep understanding of social issues to the drafting process. His efforts were instrumental in incorporating principles of social justice, fundamental rights, and the concept of equality into the Constitution.
Jawaharlal Nehru:
- Jawaharlal Nehru was an influential figure in the Constituent Assembly and later became the first Prime Minister of India. While he did not have a direct role in the day-to-day drafting, his vision and commitment to democratic principles left a lasting impact on the constitutional process.
- Nehru’s advocacy for secularism, socialism, and democratic governance shaped the broader framework of the Constitution, reflecting his commitment to building a modern, progressive nation.
Sardar Vallabhbhai Patel:
- Sardar Patel was the Deputy Prime Minister and the Home Minister of India. His role in the Constituent Assembly was crucial in uniting the princely states into the Indian Union after independence.
- Patel’s efforts in integrating the princely states played a vital role in defining the territorial boundaries and ensuring the geographical unity of India, which had a profound impact on the constitutional framework.
Rajendra Prasad:
- Dr. Rajendra Prasad was the President of the Constituent Assembly. His leadership was essential in guiding the Assembly through its various stages, fostering consensus among members, and ensuring the smooth functioning of the constitutional drafting process.
- Prasad’s commitment to democratic principles and his role as the head of the Assembly provided stability and a sense of direction during the critical phase of constitution-making.
C. Rajagopalachari:
- C. Rajagopalachari, also known as Rajaji, was a prominent member of the Constituent Assembly and later became the Governor-General of India. He contributed to shaping the constitutional debates, particularly in areas related to the Directive Principles of State Policy.
- Rajagopalachari’s emphasis on combining individual rights with social and economic responsibilities influenced the formulation of Directive Principles, which provide guidelines for the state in promoting social and economic justice.
K.M. Munshi:
- K.M. Munshi was a key member of the Constituent Assembly and served on various committees. He played a significant role in the discussions related to the Fundamental Rights and worked towards harmonizing diverse cultural and linguistic identities.
- Munshi’s contributions to the constitutional debates reflected his commitment to preserving India’s cultural diversity within a unified constitutional framework.
Roles in Framing the Constitution:
These six individuals played diverse yet interconnected roles in the framing of the Constitution:
- Leadership and Guidance: Figures like Dr. Rajendra Prasad provided leadership, ensuring that the Constituent Assembly functioned smoothly and fostered consensus.
- Drafting and Legal Expertise: Dr. B.R. Ambedkar, as the Chairman of the Drafting Committee, brought legal expertise and a commitment to social justice, contributing significantly to the drafting process.
- Integration and Unity: Sardar Patel’s efforts were crucial in integrating the princely states, contributing to the geographical and political unity reflected in the Constitution.
- Vision and Ideals: Jawaharlal Nehru and C. Rajagopalachari brought their visions for a democratic, secular, and socially just India, shaping the broader principles embedded in the Constitution.
- Cultural Diversity: K.M. Munshi worked towards accommodating India’s cultural diversity, ensuring that the Constitution reflected the aspirations of various linguistic and cultural groups.
Question 4: What does the term minority mean? Explain the steps taken in the Constitution to safeguard their interests.
Answer:
The term “minority” refers to a group of people who are numerically smaller or less dominant in a given population or society. Minorities can be defined based on various characteristics, including religion, language, ethnicity, race, or cultural practices. In the context of India, minorities are often identified based on religious and linguistic criteria.
Safeguarding Minority Interests in the Constitution:
The framers of the Indian Constitution recognized the importance of protecting the rights and interests of minority communities to ensure the country’s commitment to secularism, diversity, and social justice. Several constitutional provisions and measures were incorporated to safeguard the interests of minorities. Here are some key steps:
- Fundamental Rights (Article 15, 29, and 30):
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that the state shall not discriminate against any citizen on these grounds.
- Article 29: Protects the interests of minorities by guaranteeing the right to conserve their distinct language, script, or culture.
- Article 30: Grants minorities the right to establish and administer educational institutions of their choice, allowing them to preserve and promote their unique culture and identity.
- Special Officer for Linguistic Minorities (Article 350-B):
Article 350-B provides for a Special Officer for Linguistic Minorities, appointed by the President of India. This officer is responsible for investigating and reporting on the matters related to the safeguards for linguistic minorities.
- Reservation of Seats (Article 330 and 332):
Articles 330 and 332 provide for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies. While not exclusive to religious minorities, this provision aims to ensure political representation for marginalized communities, including those belonging to minority religions.
- Directive Principles of State Policy (Article 46):
Article 46 directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. Though not explicitly limited to religious minorities, this principle emphasizes the commitment to social justice and the upliftment of disadvantaged groups, which often includes minority communities.
- National Commission for Minorities (NCM):
The National Commission for Minorities was established under the National Commission for Minorities Act, 1992. It aims to safeguard the rights and interests of minorities and ensure their socio-economic development. The NCM investigates specific complaints and advises the government on minority-related issues.
- Preservation of Culture and Language (Article 29 and 30):
Articles 29 and 30 not only protect the interests of minorities in terms of education but also emphasize the preservation of their unique culture, language, and script. This is crucial for maintaining the diversity and richness of India’s cultural tapestry.
- Special Provisions for Jammu and Kashmir (Article 370):
While Article 370, which granted special autonomy to Jammu and Kashmir, has been abrogated, it previously contained provisions safeguarding the cultural and legal rights of the state’s Muslim-majority population.
Question 5: Explain Hove the Indian Constitution protects the rights of the Central Government and State.
Answer:
The Indian Constitution meticulously delineates the balance of powers and rights between the Central Government and the States.
- Federal System:
- The Constitution establishes a federal system of government, wherein power is divided between the central government and the states.
- Exclusive Powers: The central government wields exclusive powers in certain areas, such as foreign affairs and defense.
- State Powers: States have authority in matters like education, law and order, and other subjects specified in the State List.
- Center-State Relations:
- The Constitution incorporates detailed provisions regarding Center–state relations.
- Union List: The Union List enumerates subjects on which only the central government can legislate.
- State List: The State List outlines subjects where state governments have legislative authority.
- Concurrent List: The Concurrent List includes subjects on which both the center and states can legislate concurrently.
- Fundamental Rights and Directive Principles:
- The Constitution enshrines fundamental rights that protect citizens from infringement by any state body.
- These rights include freedoms such as freedom of speech, equality before the law, and right to life.
- Directive Principles of State Policy guide the government in formulating policies for social justice, economic welfare, and the overall well-being of citizens.
- Judiciary’s Role:
- The judiciary plays a crucial role in safeguarding fundamental rights.
- It ensures that the rights of citizens are not violated by any state authority.
- The judiciary also balances the exercise of power between the central government and the states.
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