Get here the solutions, questions, answers, and notes of chapter 15: Citizens’ Rights in a Democracy which is a part of social science class 9 syllabus of students studying under the Nagaland Board of School Education. However, these notes should be used only for references and additions/modifications should be made as per the requirements.
INTRODUCTION: Rights are those conditions of life without which no man can seek to be himself at his best. They are freedoms and powers that are necessary for personality development and the common good. All major constitutions of the world guarantee to their citizens certain basic rights, enjoyed by all the citizens irrespective of their caste, creed, gender or religion. These rights give citizen protection against the state becoming autocratic and that is why they are called “Fundamental Rights.”
In this chapter, you will learn in details about a few of those fundamental rights and how these rights are protected in a country particularly in the context of India. In India, it is the responsibility of the judiciary to make sure that the citizens of the country enjoy the fundamental rights and the government does not become an autocratic one.
I. Choose the correct answer.
1. The Right to Freedom of Religion grants:
Answer: (a) Liberty to practise one’s faith and form of worship.
2. The Right to Education provides free and compulsory education to all the children between
Answer: (b) 6-14 years
3. Which of the following was brought forward by the French Revolution?
Answer: (a) Declaration of the Rights of Man
4. Which of the following statements is incorrect regarding the Fundamental Rights?
Answer: (d) These rights are guaranteed to only those citizens who are above the age of 25 years.
5. Which of the following rights is not included in the six Freedoms given to us by the Right to Freedom?
Answer: (d) freedom to rebel against the state
6. When were the Fundamental Duties added to the Constitution?
Answer: (b) 1976
II. Very Short Answer Type Questions.
1. Define Habeas Corpus.
Answer: Habeas Corpus is a legal command which a wrongfully detained person can avail. Using this, those who have detained a person are commanded to inform him/her the cause of arrest. If the cause is insufficient, the detainee or prisoner is at once released.
2. Which Fundamental Right is called as the heart and soul of the Indian Constitution? [HOTS]
Answer: The Right to Constitutional Remedies is the heart and soul of our Constitution.
3. What are Rights?
Answer: Rights are those conditions of life without which no man can seek to be himself/herself at his best.
4. Define ‘Fundamental Rights’.
Answer: All major constitutions of the world guarantee to their citizen certain basic rights, enjoyed by all the citizens irrespective of their caste, creed, gender or religion. These are called Fundamental Rights.
III. Short Answer Type Questions.
1. Explain the terms: (i) Certiorari
Answer: This writ is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
Answer: This means “we command” in Latin and under this a person holding a public office is commanded to perform what is his/her legal duty.
(iii) Quo Warranto
Answer: This is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
2. Explain ‘the right to freedom of speech and expression’.
Answer: The right to freedom of speech and expression is one of the essential features of any democracy which allows people to voice their opinions and ideas freely. But we cannot use it to incite people to rebel against the government. Nor can we use it to defame others causing damage to a person’s reputation.
3. Mention any six Fundamental Duties.
Answer: Any five fundamental duties are:
i. To abide by the Constitution and respect the national flag and the national anthem
ii. To protect the sovereignty, unity and integrity of India.
iii. To preserve the rich heritage of our composite culture.
iv. To protect and improve the national environment.
v. To strive towards excellence in all spheres of individual and collective activity.
vi. To safeguard public property.
4. Mention the Seven Fundamental Rights.
Answer: The seven Fundamental Rights are:
i. Right to Equality.
ii. Right to Freedom.
iii. Right against Exploitation.
iv. Right to Freedom of Religion.
v. Cultural and Educational Rights.
vi. Right to Constitutional Remedies.
vii/ Right to Education.
IV. Long Answer Type Questions
1. Discuss the various writs which the courts can issue to protect the rights of the citizens.
Answer: The various writs which the courts can issue to protect the rights of the citizens are:
i. Habeas Corpus: A wrongfully detained person can avail of it. Using this, those who have detained a person are commanded to inform him/her the cause of arrest. If the cause is insufficient, the detainee or prisoner is at once released.
ii. Mandamus: This means “we command” in Latin and under this a person holding a public office is commanded to perform what is his/her legal duty.
iii. Prohibition: this prohibits an inferior court from exercising powers with which it is not legally vested.
iv. Certiorari: This writ is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
v. Quo Warranto: This is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
2. Discuss the economic and educational rights of the citizens.
Answer: Economic Rights of the citizens included Right to work, to earn a reasonable wage and to fulfil basic needs. When it comes to educational rights, Article ‘21A’ added as a new article by the Constitution (86th Amendment) Act 2002 which provides for free and compulsory education for all children between the age of 6 to 14 years. Further, India is a multi-religious, multi-cultural and multi-lingual country, therefore, right to conserve one’s language, script and culture as well as the right to establish educational institutions has also been established.
3. ‘The Right to Freedom’ is a cluster of six freedoms. Discuss.
Answer: Freedom means that others do not interfere in our affairs. By others, one means the government as well as individuals. We do not want to be dictated by others. The Six Freedoms given to us by this right are:
i. Freedom of speech and expression.
ii. Assemble in a peaceful manner.
iii. Form associations and unions.
iv. Move freely throughout the country.
v. Reside in any part of the country.
vi. Practise any profession, or carry on any occupation and trade.
Every citizen has a right to all these freedoms. However, you cannot exercise your freedom in such a manner that violates other people’s right to freedom.
4. How is the independence of judiciary ensured by the Constitution?
Answer: To ensure freedom of judiciary, the following steps have been taken by our Constitution:
i. The judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with Chief Justice of the Supreme Court.
ii. The Chief Justice of the Supreme Court is normally the seniormost judge of the Supreme Court.
iii. Once a person is appointed as judge of the Supreme Court or the High Court, it is very difficult to remove him from that position.
iv. The judges are appointed for a fixed period. Their enrolments and service conditions are also fixed and cannot be altered.
v. No discussion on the conduct of a judge can take place in the Parliament or State Legislature.
vi. It is as difficult to remove a judge as the removal of the President of India.
vii. The Supreme Court and High Court are free to decide their own procedures of work and their establishment.
vii. A judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India, after retirement.
viii. The judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame.