Salient Features of the Constitution I: ICSE Class 9 Civics

Salient Features of the Constitution-I icse
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Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 2 “Salient Features of the Constitution I” which is part of ICSE Class 9 Civics (Morning Star) workbook answers. However, the notes should only be treated as references and changes should be made according to the needs of the students.

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Summary

The Indian Constitution has several key features that shape the country’s democracy. It provides for single citizenship, meaning all Indians are citizens of the nation, not individual states. This helps promote unity. Universal adult franchise allows all citizens over 18 to vote, regardless of background.

The Constitution guarantees fundamental rights to all citizens. These include equality before the law, freedom of speech and religion, protection from exploitation, and more. However, reasonable restrictions can be placed on these rights for public welfare. The right to constitutional remedies allows citizens to seek justice if their fundamental rights are violated.

Fundamental duties were added to remind citizens of their obligations to the nation. These include respecting national symbols, promoting harmony, protecting the environment, and more. While not legally enforceable, they aim to create responsible citizens.

The right to information gives citizens the ability to request information from the government, promoting transparency. The right to education makes free schooling compulsory for children aged 6-14. The right to privacy was recently declared a fundamental right by the Supreme Court.

In emergencies, fundamental rights can be suspended temporarily. The Constitution also allows for amendments to be made as needed. Overall, it seeks to balance individual freedoms with national interests and create an equitable society. By outlining both rights and duties, it provides a framework for Indian democracy to function.

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Textbook solutions

Multiple-Choice Questions

1. Which of the following are the salient features of the Indian Constitution?

(a) Universal Adult Franchise
(b) Fundamental Duties
(c) Single Citizenship
(d) All of the above

Answer: D. All of the above

2. A Person of Indian Origin can enjoy all privileges of an Indian citizen except

(a) Right to vote
(b) Fundamental Duties
(c) Right to enter the country
(d) Right to protest

Answer: A. Right to vote

3. In case a person is detained under Preventive Detention such a person can be kept in custody for a period of ______ months without trial.

(a) Four
(b) Six
(c) Three
(d) Twelve

Answer: C. Three

4. Right to Property is

(a) a Fundamental Right
(b) a Fundamental Duty
(c) a Legal Right
(d) no longer a fundamental right

Answer: D. no longer a fundamental right

5. The Constitution of India provides for a Single Citizenship. Which of the following statements describe the same?

(a) A person born in India can be either the citizen of a State of domicile or of India
(b) All Indians irrespective of the State of their domicile are the citizens of India
(c) All Indians living in India are the citizens of India even if they are not born in India
(d) All citizens of neighbouring countries living in India are Indian citizens

Answer: B. All Indians irrespective of the State of their domicile are the citizens of India

6. If a male and a female are selected for the same post but the female candidate gets less salary, which of her following rights is discriminated?

(a) The Right to Freedom
(b) The Right Against Exploitation
(c) The Right to Constitutional Remedies
(d) The Right to Equality

Answer: D. The Right to Equality

7. Right to Information has been included in Article ______ of the Constitution.

(a) 19(1)
(b) 20
(c) 21
(d) 22

Answer: A. 19(1)

8. Complete the analogy: Right to Equality: Articles 14-18 :: ______: Articles 19-22

(a) Right Against Exploitation
(b) Right to Freedom
(c) Right to Freedom of Religion
(d) Right to Constitutional Remedies

Answer: B. Right to Freedom

9. Which of the following is incorrectly matched?

(a) Habeas Corpus: to have the body
(b) Mandamus: we order
(c) Quo-Warranto: to be informed
(d) Writ of Certiorari: information of what is going on

Answer: C. Quo-Warranto: to be informed

10. A labourer was unlawfully detained by his employer. Which of the following writs will be issued by the Supreme Court or the High Court?

(a) Mandamus
(b) Certiorari
(c) Habeas Corpus
(d) Quo-Warranto

Answer: C. Habeas Corpus

11. A seven-year-old boy was not given admission in a school run by the State government. Which of his Fundamental Rights was violated by the State?

(a) Right to Freedom
(b) Right to Education
(c) Cultural and Educational Right
(d) Right to Equality

Answer: B. Right to Education

12. Which of the following is incorrect?

(a) Right to Equality: Article 14-19
(b) Right to Freedom: Articles 19-22
(c) Right to Education: Article 29-30
(d) Right Against Exploitation: Article 23-24

Answer: C. Right to Education: Article 29-30

13. Fundamental Duties: Part IV :: ______: Part III

(a) Universal Adult Franchise
(b) Fundamental Rights
(c) Single Citizenship
(d) Constitutional Remedies

Answer: B. Fundamental Rights

14. Right to Information is an implied Fundamental Right meaning

(a) it is a part of a named Fundamental Right
(b) it partakes of the same basic nature and character of the Fundamental Right
(c) it is implicit in the Right to Freedom and Expression
(d) All of the above

Answer: D. All of the above

Short Answer Questions

1. What is meant by the term ‘Single Citizenship’?

Answer: The Indian Constitution provides for a Single Citizenship, which means that all Indians, irrespective of the state of their domicile, are citizens of India.

2. ‘Fundamental Rights are universal in nature.’ Explain in one sentence.

Answer: Fundamental Rights are universal in nature because they are guaranteed to all citizens without any discrimination.

3. How are the Fundamental Rights justiciable?

Answer: Fundamental Rights are justiciable as a person can move the courts for the enforcement of these rights in case of their violation.

4. What is meant by the term Right to Equality?

Answer: The Right to Equality means that all citizens are equal before the law and are entitled to equal protection by the law without discrimination on grounds of race, religion, caste, gender, or place of birth.

5. Mention one Fundamental Right granted to citizens of India.

Answer: One Fundamental Right granted to citizens of India is the Right to Freedom, which includes the freedom of speech and expression.

6. In the context of Fundamental Rights, give one example that India is a secular state.

Answer: India is a secular state as it guarantees the Right to Freedom of Religion, allowing individuals to profess, practise, and propagate their religion freely.

7. What is meant by the term ‘Right Against Exploitation’?

Answer: The Right Against Exploitation means the prohibition of human trafficking, forced labour, and child labour in factories and mines.

8. By which Act of the Parliament were the Fundamental Duties included in the Constitution? Mention the Fundamental Duty which has been added by the Constitution (86th Amendment) Act, 2002.

Answer: The Fundamental Duties were included in the Constitution by the 42nd Amendment Act, 1976. The Fundamental Duty added by the Constitution (86th Amendment) Act, 2002, is the duty of parents or guardians to provide opportunities for education to their children or wards between the ages of six and fourteen years.

9. To whom can the citizens of India file an application if they wish to seek any information from the government authorities?

Answer: Citizens of India can file an application with the Public Information Officers (PIOs) or Assistant Public Information Officers (APIOs) if they wish to seek any information from government authorities.

Structured Questions

1. Explain the following basic features of the Indian Constitution:

(a) Single Citizenship.

Answer: The Indian Constitution provides for a Single Citizenship. This means that all Indians, irrespective of the State of their domicile, are the citizens of India. This is unlike the system in the USA, where one can be a citizen of a state and a citizen of the USA at the same time. In India, a person born in Punjab or Kerala can only be a citizen of India and not of the State of their domicile. This provision was created to ward off separatist tendencies and promote unity among the people.

(b) Universal Adult Franchise.

Answer: Universal Adult Franchise means that all persons of 18 years of age and above have the right to vote irrespective of their caste, colour, religion, etc. The British had introduced communal electorates under the Acts of 1919 and 1935, but the Constitution of Independent India replaced this with joint electorates. In joint electorates, resident voters of a constituency vote for the same candidate, regardless of caste or creed. Certain seats are reserved for Scheduled Castes and Scheduled Tribes candidates, but all voters from those constituencies must vote for the candidates of the area. This system aims to curb communal politics and foster harmony.

(c) Fundamental Rights.

Answer: Fundamental Rights are basic human rights provided by the Constitution of India to ensure the all-round development of individuals and to protect them from unjust discrimination. These rights are universal and do not make distinctions based on race, colour, sex, religion, or other considerations. The Fundamental Rights are listed in Part III of the Indian Constitution and include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

2. With reference to the Fundamental Rights answer the following:

(a) Why are Fundamental Rights so called?

Answer: Fundamental Rights are so called because they are essential for the overall development of an individual and are protected by the Constitution. These rights ensure personal liberty, equality before the law, and protection from exploitation. They are enforceable by the courts, and any violation can be challenged in the High Courts or the Supreme Court.

(b) State their three characteristic features.

Answer:

  • Fundamental Rights are justiciable, meaning a person can approach the courts if these rights are violated.
  • They are universally applicable to all citizens without discrimination.
  • They act as limitations on the powers of the government and ensure the protection of individual liberties.

(c) Briefly explain the components of the Right to Equality.

Answer:

  • Equality before Law (Article 14): Ensures that every person is equal before the law and receives equal protection from the law, irrespective of religion, race, caste, sex, or place of birth.
  • Prohibition of Discrimination (Article 15): Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Equality of Opportunity (Article 16): Guarantees equal opportunity in matters of public employment.
  • Abolition of Untouchability (Article 17): Abolishes untouchability and prohibits its practice in any form.
  • Abolition of Titles (Article 18): Abolishes the conferment of titles except military and academic distinctions.

3. With reference to the inclusion of Right to Freedom in the Indian Constitution, state the following:

(a) State any three freedoms given under Article 19.

Answer:

  • Freedom of speech and expression.
  • Freedom to assemble peacefully without arms.
  • Freedom to form associations or unions.

(b) What do these freedoms imply?

Answer: These freedoms imply that every citizen of India has the right to express their views freely, to hold peaceful meetings and gatherings without weapons, and to form associations or unions for collective activities. These freedoms ensure that citizens can participate in the democratic process and contribute to the social, political, and economic development of the country.

(c) Explain the restrictions imposed on these rights.

Answer: The state may impose reasonable restrictions on these rights in the interests of the sovereignty and integrity of India, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. These restrictions are necessary to balance individual freedoms with the collective good of society.

4. Article 20 provides for Protection in Respect of Conviction for Offences. In this respect answer the following:

(a) What protections are available to the citizens against conviction?

Answer: Article 20 provides three protections to citizens:

  • No person shall be convicted of any offence except for a violation of a law in force at the time of the commission of the act.
  • No person shall be prosecuted or punished for the same offence more than once.
  • No person accused of any offence shall be compelled to be a witness against themselves.

(b) What is meant by Preventive Detention? State the right of citizens in this respect.

Answer: Preventive Detention is a measure taken to prevent a person from committing an offence in the future. It does not involve punishment for a past offence. A person detained under Preventive Detention has the right to be informed of the reasons for the detention and has the right to make a representation against it.

(c) Explain the limitations of the Right to Protection.

Answer:

  • The protection against conviction for offences does not apply during an Emergency.
  • Reasonable restrictions can be imposed in the interest of public order or the security of the state.
  • Preventive Detention can be extended beyond three months if an Advisory Board approves it.

5. With reference to the Right to Constitutional Remedies, answer the following questions:

(a) How has this right been given legal sanction?

Answer: The Right to Constitutional Remedies has been given legal sanction under Article 32 of the Constitution, which allows individuals to move the Supreme Court or the High Courts for the enforcement of their Fundamental Rights. Dr. Ambedkar referred to this Article as the “heart and soul” of the Constitution.

(b) Why is this right important?

Answer: This right is important because it ensures that the Fundamental Rights granted to citizens are not merely theoretical but can be enforced through the courts. It provides individuals with the power to seek justice if their rights are violated.

(c) Explain any two writs issued by courts for enforcement of this right.

Answer:

  • Habeas Corpus: This writ is issued to secure the release of a person who has been unlawfully detained.
  • Mandamus: This writ is issued to command a public authority to perform a duty that it is legally bound to do.

6. With reference to Fundamental Rights, answer the following questions:

(a) What are the components of the Right to Education?

Answer: The Right to Education is provided under Article 21A of the Constitution. It ensures that the state shall provide free and compulsory education to all children aged between 6 and 14 years. The manner of implementation is to be determined by the state through laws.

(b) How is the Right to Information an implied Fundamental Right?

Answer: The Right to Information is an implied Fundamental Right as it is derived from Article 19(1)(a) of the Constitution, which guarantees the freedom of speech and expression. Without access to information, the freedom of speech and expression cannot be effectively exercised.

(c) Write a short note on Right to Privacy.

Answer: The Right to Privacy was declared a Fundamental Right by the Supreme Court of India in 2017. It is derived from Articles 14, 19, and 21, and includes protection from state scrutiny, choice over personal matters such as partners, food habits, and other personal aspects of life. However, it is not an absolute right and is subject to reasonable restrictions.

7. With reference to the Fundamental Duties, answer the following:

(a) What are known as Fundamental Duties?

Answer: Fundamental Duties are moral obligations enshrined in the Constitution that every citizen is expected to perform to uphold the unity and integrity of the nation. They were added to the Constitution by the 42nd Amendment in 1976.

(b) Give any three Fundamental Duties.

Answer:

  • To uphold and protect the sovereignty, unity, and integrity of India.
  • To value and preserve the rich heritage of our composite culture.
  • To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

(c) What is the importance of these Duties?

Answer: The Fundamental Duties are important because they remind citizens of their responsibilities towards the nation, promote patriotism, and ensure that individual actions do not harm the larger societal good. They also complement the Fundamental Rights by encouraging responsible citizenship.

Thinking Skills

1. Name the writ that will be issued in each of the following circumstances.

(a) Against a person holding a public office to which he is not entitled.

Answer: Quo-Warranto.

(b) An order to an administrative authority to perform a certain duty.

Answer: Mandamus.

(c) (i) For the transfer of a case from lower to higher court.

Answer: Certiorari.

(ii) To prohibit a lower court from proceeding in a case.

Answer: Prohibition.

2. Fundamental Rights and Fundamental Duties go hand in hand. If this statement is holistically followed many of our problems would be solved. Give your reply with examples to prove your point.

Answer: The statement that “Fundamental Rights and Fundamental Duties go hand in hand” is very true. Rights and duties are two sides of the same coin. If people start giving equal importance to duties as they give to rights, it will solve a number of problems. For example, the right to life and personal liberty enshrined in Article 21 also implies the duty to respect the life and liberty of others. Similarly, the duty to protect the environment is essential for the exercise of the right to a healthy life. Therefore, a balance between the two is necessary for a harmonious society.

Extras MCQs

1. What type of citizenship does the Indian Constitution provide?

A. Dual citizenship
B. State citizenship
C. Single citizenship
D. Multiple citizenship

Answer: C. Single citizenship

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Q. The Supreme Court and High Courts cannot issue writs for the enforcement of Fundamental Rights during which specific situation?

A. Imposition of Martial Law
B. Proclamation of Emergency
C. Economic Recession
D. Political Unrest

Answer: B. Proclamation of Emergency

Extra Questions and Answers

1. How does Single Citizenship in India differ from the USA?

Answer: In India, a person is only a citizen of India, whereas, in the USA, a person can be a citizen of a specific state and the country.

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44. Why were Fundamental Duties incorporated into the Indian Constitution?

Answer: The Fundamental Duties were incorporated to:

  • Make citizens aware of their social and economic obligations.
  • Warn them about what they should and should not do in the interest of their country and fellow citizens.
  • Protect and raise awareness of cultural heritage.
  • Tame unruly elements in society.
  • Strengthen national harmony by fostering patriotism.

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