Fundamental Rights: AHSEC Class 11 Political Science notes

Get summaries, questions, answers, solutions, notes, extras, PDF and guide of Class 11 (first year) Political Science textbook, chapter 2. Fundamental Rights [Rights in the Indian Constitution], which is part of the syllabus of students studying under AHSEC/ASSEB (Assam Board). These solutions, however, should only be treated as references and can be modified/changed. 

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Summary

The chapter on Fundamental Rights explains their significance, characteristics, and limitations within the Indian Constitution. Fundamental Rights were established due to the historical demand for basic freedoms during British rule, highlighted by events like the Motilal Nehru Committee Report of 1928 and the Karachi session of the Congress, which emphasized both political and economic rights. Eventually, the Constituent Assembly, through committees led by leaders such as Sardar Vallabhbhai Patel, incorporated these rights into the Constitution.

Fundamental Rights in India, detailed in Part III of the Constitution, are comparable to the Bill of Rights in other democracies like the USA and France. They are designed to provide individuals with opportunities for self-development and ensure government accountability, preventing the misuse of power. These rights are crucial for personal development and social good, forming the political foundation of democracy in India. Justice Sapru observed that Fundamental Rights aim to establish standards of citizenship and fair play.

The chapter elaborates on the essential characteristics of Fundamental Rights. They are not absolute and are subject to reasonable restrictions, which can be reviewed judicially. Fundamental Rights can be suspended under certain conditions, such as during a national emergency, except for rights guaranteed under Articles 20 and 21. Some rights are exclusive to citizens, while others can be enjoyed by both citizens and aliens. Although they can be amended, their abrogation would violate the basic structure of the Constitution. These rights are both positive, allowing citizens to enjoy certain freedoms, and negative, preventing the state from doing certain things.

Fundamental Rights can be enforced against the state and, in some cases, against individuals. They are justiciable, meaning citizens can approach courts if their rights are violated. However, personnel serving in the defense forces may not enjoy all Fundamental Rights due to the nature of their duties. These rights are social and political, with no economic rights guaranteed, although without economic rights, other rights hold less significance.

Fundamental Rights are classified into six categories: Right to Equality, Right to Freedom and Personal Liberty, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. Initially, the right to property was also a Fundamental Right but was later removed to facilitate socio-economic legislation.

The Right to Equality prohibits discrimination based on religion, race, caste, sex, or place of birth, ensures equality before the law, and abolishes untouchability. The Right to Freedom and Personal Liberty includes freedoms of speech, assembly, association, movement, residence, and profession, with protections against arbitrary convictions and detentions.

The Right against Exploitation prohibits human trafficking, forced labor, and child labor in hazardous industries. The Right to Freedom of Religion guarantees individuals the freedom of conscience and the right to practice, propagate, and manage religious affairs, subject to public order, morality, and health.

Cultural and Educational Rights protect the interests of minorities by allowing them to preserve their culture, language, and script, and to establish and administer their educational institutions. The Right to Constitutional Remedies empowers citizens to approach courts to enforce Fundamental Rights through writs such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari.

Limitations of Fundamental Rights include their non-economic nature, numerous restrictions, and the potential for suspension during emergencies. Despite these limitations, Fundamental Rights have laid the foundation for political democracy in India, ensuring an atmosphere of freedom and justice for its citizens.

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Essay Type

1. Explain the importance of Fundamental Rights in a democracy.

Answer: The Constitution of India has a novel feature with the inclusion of fundamental rights for the citizens. The framers of the Indian Constitution felt that certain rights are very essential to achieve the ends of democracy and also for the development of the personality of the individuals. That is why, Part-III of the Indian Constitution incorporates certain rights as fundamental rights. Part III of the Constitution of India deals with the Fundamental Rights. It contains an exhaustive list of Fundamental Rights. The inclusion of these rights in the Constitution prevents the government from becoming despotic. The rights are above all other laws of the land. Fundamental Rights have been rightly regarded as the soul of the Constitution.

2. Describe the characteristics of the Fundamental Rights of the Indian citizens.

Answer: The characteristics of the Fundamental Rights of the Indian citizen are:

• Fundamental Rights are not absolute. They are subject to reasonable restrictions. They strike a balance between individual liberty and social security. But the reasonable restrictions are subject to judicial review.
• All Fundamental Rights can be suspended except the fundamental rights guaranteed under Articles 20 and 21. Right to freedom under Article 19 is automatically suspended during emergency. Other fundamental rights can be suspended by the President under Article 359 in the country as a whole or any part thereof. The fundamental rights remain suspended only during national emergency under Article 352.
• Some of the fundamental rights are meant for citizens only. Other rights can be enjoyed by both citizens and aliens.
• The fundamental rights can be amended but they cannot be abrogated. The abrogation of fundamental rights will violate the basic structure of the Constitution.
• The fundamental rights are both positive and negative. The negative rights prevent the state from doing certain things. Articles 15 prevents the state from making discrimination. Fundamental rights are positive as they permit the citizens to enjoy certain rights. For example, Article 19 confers the freedom of speech and expression.
• Some fundamental rights are available against the state. Some rights are available against individuals.
• The Fundamental Rights are justiciable. A citizen may approach the court of law when his fundamental right is violated.
• Some fundamental rights may not be available to personnel serving in the defence forces. They cannot enjoy all the fundamental rights. The Parliament decides under Articles 33 which rights will not be available to them. The nature of their job requires such restrictions.
• The fundamental rights are social and political in character. No economic rights have been guaranteed to the citizens of India although without them the other rights are of little or of no significance.

3. Explain the right to equality and its significance.

Answer: Right to equality has been given first place in the Constitution. It is discussed below:

• The state cannot deny to any individual equality before law or its equal protection. Article 14 of the Constitution guarantees the right to equality to all persons including those who are not citizens of India.
• Article 15 lays down that no discrimination shall be made on the grounds of religion, race, caste, sex or place of birth.
• There can be no discrimination in respect of recruitment to public offices on the ground of religion, caste, place, etc. (Art. 16).
• Article 17 has abolished untouchability and its practice in any form is forbidden.
• Article 18 of the Constitution allows the state to confer military or academic titles. Other titles were abolished to prevent social distinction. Citizens cannot accept titles from foreign states without the Government of India’s approval. Titles given by the British Government are forfeited.

Right to equality does not mean absolute equality. Equality before law permits:

• Classification of person into different groups for the purpose of legislation.
• Establishment of special courts for certain specific offences for a speedy trial.
• The passing of special laws for some areas.
• Grant of immunities to certain persons in certain situation and.
• Discrimination by the state in its larger interests.

4. Point out the limitations of the Fundamental Rights.

Answer: Although the Fundamental Rights incorporated in the Constitution of India are praised by all, these rights have certain serious limitations. The limitations of the fundamental rights are discussed below:

• Part III of the Constitution of India does not contain a single economic right. This is the most serious defect of our fundamental rights. In a poor country like India, economic rights are of great necessity. Without economic rights, the other rights are almost useless for the common people. Our rights are not meant for establishing ‘economic democracy’. They lay the foundation of political democracy.
• Rights are supposed to be the fruits of duties. Till the other day the Constitution of India was silent about the duties of the citizens. Now, they have certain duties. But, they are not binding upon the people. Legally binding duties would have made the right meaningful.
• Too many restrictions have been imposed on the fundamental rights. The restrictions and exceptions have made the fundamental rights meaningless.
• Unnecessary details of the fundamental rights mentioned in the Constitution have made them complicated. According to Ivor Jennings, “Writing of so much details of the Fundamental rights in the Constitution was not necessary.”
• The power of the President to suspend the fundamental rights during emergency can lead the country to dictatorship. Very often this power is misused.
• The power of the Parliament to amend the fundamental rights is also subject to criticism. The citizens have no guarantee of their fundamental rights. They may be curtailed by the Parliament at any moment by amending the Constitution.
• Our fundamental rights have been criticised for being offered by one hand and taken away by another due to several qualifying provisions. They highly circumscribe the scope of their exercise and enjoyment.
• The machinery for the protection of the fundamental rights is also very expensive. The judiciary is beyond the reach of the common people.

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5. Discuss the importance of the Fundamental Rights under Part III of the Constitution of India.

Answer: The Constitution of India has a novel feature with the inclusion of fundamental rights for the citizens. The framers of the Indian Constitution felt that certain rights are very essential to achieve the ends of democracy and also for the development of the personality of the individuals.

That is why, Part-III of the Indian Constitution incorporates certain rights as fundamental rights. Part III of the Constitution of India deals with the Fundamental Rights. It contains an exhaustive list of Fundamental Rights. The inclusion of these rights in the Constitution prevents the government from becoming despotic. The rights are above all other laws of the land. Fundamental Rights have been rightly regarded as the soul of the Constitution.

6. Describe the Fundamental Rights of the Indian citizens.

Answer: The fundamental rights of the Indian citizens have many qualifying provisions. The six types of fundamental rights are discussed below:

• Right to Equality: (i) The state cannot deny to any individual equality before the law or its equal protection (Article 14). (ii) No discrimination shall be made on the grounds of religion, race, caste, sex, or place of birth (Article 15). (iii) There can be no discrimination in recruitment to public offices on these grounds (Article 16). (iv) Untouchability has been abolished and its practice is forbidden (Article 17). (v) The state can confer titles for military or academic distinctions, but other titles have been abolished (Article 18).
• Right to Freedom and Personal Liberty: (i) Article 19 guarantees certain rights to the Indian citizens which include freedom of speech and expression, assembly, association, movement, residence, and profession. (ii) Article 20 provides protection against arbitrary and excessive punishment. (iii) Article 21 states that no person shall be deprived of his life and personal liberty except according to the procedure established by law. (iv) Article 22 provides protection against arrest and detention.
• Right Against Exploitation: (i) Article 23 prohibits traffic in human beings and forced labour. (ii) Article 24 prohibits the employment of children below the age of 14 years in hazardous employment.
• Right to Freedom of Religion: (i) Article 25 gives the freedom of conscience and the right to practice, profess, and propagate any religion. (ii) Article 26 gives the freedom to manage religious affairs. (iii) Article 27 states that no person shall be compelled to pay any taxes for the promotion of a particular religion. (iv) Article 28 prohibits religious instruction in educational institutions maintained by the state.
• Cultural and Educational Rights: (i) Article 29 gives any section of the citizens the right to conserve their distinct language, script, and culture. (ii) Article 30 grants minorities the right to establish and administer educational institutions of their choice.
• Right to Constitutional Remedies: (i) Article 32 provides the right to approach the Supreme Court for the enforcement of fundamental rights. (ii) The courts can issue various writs for the enforcement of these rights.

7. What are the Fundamental rights as laid down in the Constitution of India? Why are they called ‘Fundamental’?

Answer: The fundamental rights of the Indian citizens have many qualifying provisions. The six types of fundamental rights are discussed below:

• Right to Equality: (i) The state cannot deny to any individual equality before the law or its equal protection (Article 14). (ii) No discrimination shall be made on the grounds of religion, race, caste, sex, or place of birth (Article 15). (iii) There can be no discrimination in recruitment to public offices on these grounds (Article 16). (iv) Untouchability has been abolished and its practice is forbidden (Article 17). (v) The state can confer titles for military or academic distinctions, but other titles have been abolished (Article 18).
• Right to Freedom and Personal Liberty: (i) Article 19 guarantees certain rights to the Indian citizens which include freedom of speech and expression, assembly, association, movement, residence, and profession. (ii) Article 20 provides protection against arbitrary and excessive punishment. (iii) Article 21 states that no person shall be deprived of his life and personal liberty except according to the procedure established by law. (iv) Article 22 provides protection against arrest and detention.
• Right Against Exploitation: (i) Article 23 prohibits traffic in human beings and forced labour. (ii) Article 24 prohibits the employment of children below the age of 14 years in hazardous employment.
• Right to Freedom of Religion: (i) Article 25 gives the freedom of conscience and the right to practice, profess, and propagate any religion. (ii) Article 26 gives the freedom to manage religious affairs. (iii) Article 27 states that no person shall be compelled to pay any taxes for the promotion of a particular religion. (iv) Article 28 prohibits religious instruction in educational institutions maintained by the state.
• Cultural and Educational Rights: (i) Article 29 gives any section of the citizens the right to conserve their distinct language, script, and culture. (ii) Article 30 grants minorities the right to establish and administer educational institutions of their choice.
• Right to Constitutional Remedies: (i) Article 32 provides the right to approach the Supreme Court for the enforcement of fundamental rights. (ii) The courts can issue various writs for the enforcement of these rights.

These rights are called ‘Fundamental’ because they are essential for safeguarding the interests of the people and ensuring their participation in the political affairs of the state. They form the backbone of political democracy in India. Fundamental rights are legally enforceable, governing the relations between the state and the individual, and are protected by the higher law of the land. They lay down the political foundation of democracy and are necessary for the development of personality and social good. They provide a standard of conduct, citizenship, and fair play.

8. Write a note on ‘Right to Constitutional’ Remedy? Discuss its limitations.

Answer: The Right to Constitutional Remedy is enshrined in Article 32 of the Indian Constitution. It provides a guaranteed protection of the fundamental rights of the citizens by allowing them to approach the Supreme Court or High Courts for the enforcement of these rights.

Dr. B.R. Ambedkar described Article 32 as the “heart and soul” of the Constitution because it provides the mechanism for the enforcement of the fundamental rights. The Supreme Court and High Courts can issue writs, directions, or orders for the enforcement of the rights. The various writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Limitations of the Right to Constitutional Remedy include the fact that it can be suspended during a national emergency, as provided in Article 359 of the Constitution. Additionally, certain rights, such as the right to property, are no longer fundamental rights, which limits the scope of this remedy. Furthermore, the effectiveness of this right depends on the efficiency and accessibility of the judicial system.

9. Discuss the Constitutional significance of the Fundamental Rights.

Answer: The Bill of Rights (Part-III) of the Constitution enumerates the Fundamental Rights of the Indian citizens. The Constitution of India, like the Constitution of the USA, France, Japan, and several other liberal democratic countries, contains a detailed Bill of Rights which grants and guarantees the fundamental rights and freedoms to the people of India. The decision to include a written Bill of Rights in the Constitution was governed by the desire to provide adequate opportunities for self-development to the people of free India. The Bill of Rights has been described by the Supreme Court as a part of the Basic Structure of the Constitution. The scholars highlight its importance as the Indian Magna Carta of rights and freedoms.

Fundamental Rights constitute the backbone of the nation. These rights are very essential to safeguard the interest of the people. The party in power cannot misuse its powers because of the guarantee of fundamental rights by the Constitution. The inclusion of fundamental rights in the Constitution will also enable the people to participate in the political affairs of the state. Fundamental rights are also essential for the development of personality of the individual and for social good. The fundamental rights are necessary to lay down the political foundation of democracy. Justice Sapru said, “The object of the Fundamental Rights as far as I can gather from a reading of the Constitution was to provide certain standard of conduct, citizenship and fair play.”

10. Describe the Fundamental rights as laid down in the Constitution of India. Why are they called ‘Fundamental’?

Answer: Same as Essay Type question 6.

11. Write a note on Cultural and Educational Rights.

Answer: India has religious, racial, and cultural diversities. To maintain the unity of the country in the midst of diversity, the framers of the Constitution felt that the cultural and educational rights of all citizens of the country should be guaranteed in the Constitution. Hence, they have incorporated the cultural and educational rights of the people in the Constitution. These rights will ensure the development of culture and language of the minority communities in India.

(i) Article 29 lays down that any section of the citizens of India having a distinct language, script and culture has the right to conserve the same. This right is applicable to all sections of the citizens. It covers both majority and minority communities. This right is not subject to restrictions. It is absolute. Because of the existence of this right in the Constitution, the majority cannot thrust its language, script and culture upon the minority. No citizen shall be denied admission to any educational institution maintained by the state or receiving financial assistance from the government on the grounds of religion, race, caste, language, etc.

(ii) Article 30 of the Constitution provides that all minorities based on religion or language have the right to establish and administer educational institutions of their choice. The religious and linguistic minorities can administer only those educational institutions which are established by them. The state cannot discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while granting aid to educational institutions. The religious and linguistic minorities have a right to choose their own governing body to administer them and other employees. The linguistic minorities have a right to determine the medium of instruction in the institutions established by them. Without this right, they cannot maintain their own distinct culture and language. But the government may make regulations for the proper functioning of these institutions.

The aims of the cultural and educational rights are to give cultural protection to the minorities, whether linguistic or religious. Protection of these rights of the minorities is very essential to win their whole-hearted support and co-operation in the task of nation-building. When every citizen feels assured of his culture and language, he can take part in the political system with a sense of equality. The state must try to protect the rights of the people, particularly of the minorities, by all means. Along with the right to religion, the right to education and culture is also most important for the minorities.

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12. Explain the various writs for the enforcement of Fundamental Rights.

Answer: The various writs which the courts can issue are: habeas corpus, mandamus, prohibition, quo-warranto and certiorari.

• Habeas Corpus: It is a remedy against wrongful detention of a person. The court may direct the detaining authority to present the detained person before the court. The detaining authority must justify the detention of the person in the court. By this writ, illegal detention of a person can be prevented by the court.
• Mandamus: It is an order given by the court to some subordinate authority to perform an act which falls within its jurisdiction. The word ‘mandamus’ means ‘we command’. By issuing this writ court commands a public body or an official to perform a public duty.
• Prohibition: This is a writ issued by a superior court to a subordinate court. The superior court prevents the subordinate court from dealing with a matter over which it has no jurisdiction.
• Quo-warranto: By issuing this writ the court may prevent a person from acting in a public office to which he is not entitled. It is in the nature of an injunction. It is issued to a person who acts in a capacity to which he is not entitled.
• Certiorari: The literal meaning of this word is “to be more fully informed of”. It is issued by a superior court to a court subordinate to it. The latter is directed to submit the record of a case pending before it for its proper consideration.

13. Describe the Fundamental Duties of the Indian citizens.

Answer: The Fundamental Duties of the Indian citizens are as follows:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote the common brotherhood of all the people of India and renounce any practice derogatory to the dignity of women.
• 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.
• To develop scientific temper, humanism, and spirit of inquiry and reform.
• To safeguard public property and adjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
• To provide opportunities for education by the parent or the guardian, to his child or a ward between the age of 6-14 years as the case may be.

14. Write a note on the importance of Fundamental Duties.

Answer: The Fundamental Duties have a sanctity of their own. The courts are expected to be guided by the fundamental duties while interpreting the Constitution. L. N. Sinha observes: “The duties imposed on the citizens in the Constitution shall lend their colour to the interpretation.”

The citizens of India will be more conscious about their duties after the inclusion of the duties in the Constitution. It is now their moral obligation to discharge duties for the good of all. In a country like India where the people are not politically conscious, the inclusion of fundamental duties is of great educative value. They will be in a position to realise that for proper enjoyment of rights they should render duties first.

It is true that fundamental duties are not binding and they lack in legal force behind them. But, if there is well-organised public opinion, people will be bound to discharge their duties. Everything cannot be enforced by legal force. The force of public opinion will be the greatest force behind fundamental duties if properly mobilised.

The Fundamental Duties are of a non-political and non-controversial nature, which the citizens irrespective of their political affiliation, will be able to accept. The then Prime Minister, Mrs. Gandhi justified the inclusion of the duties in the Constitution and said that the chapter on Fundamental Duties had been introduced not to smother rights but to establish democratic balance. She felt that the duties should have been enshrined when the Constitution was drawn up.

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15. Can Fundamental Rights be amended? -Explain.

Answer: Fundamental Rights can be amended. Initially, the Parliament could amend them from 1950 until the Goloknath case verdict in 1967, which made them unamendable. This was reversed by the Twenty-Fourth Amendment in 1972, making them amendable again.

The Supreme Court’s Keshvananda Bharti case in 1973 ruled that while Fundamental Rights can be amended, the basic structure of the Constitution cannot be destroyed. The 42nd Amendment gave Parliament unlimited power to amend Fundamental Rights, but the Minerva Mills case in 1980 restored the balance, subjecting all amendments to judicial review. The Janata Government’s 44th Amendment in 1978 took away the right to property as a Fundamental Right.

16. Discuss any three Fundamental Rights enumerated in the Constitution of India. Are Fundamental Rights an integral part of the Constitution?

Answer: Three Fundamental Rights enumerated in the Constitution of India are:

• Right to Equality (Art. 14-18):
  • Article 14: Guarantees equality before the law.
  • Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
  • Article 16: Ensures equal opportunity in public employment.
  • Article 17: Abolishes untouchability.
  • Article 18: Abolishes titles, except for military and academic distinctions.
• Right to Freedom (Art. 19-22):
  • Article 19: Guarantees freedom of speech, assembly, association, movement, residence, and profession.
  • Article 20: Provides protection against arbitrary conviction.
  • Article 21: Protects life and personal liberty.
  • Article 22: Offers protection against arrest and detention.
• Right Against Exploitation (Art. 23-24):
  • Article 23: Prohibits human trafficking and forced labor.
  • Article 24: Forbids child labor in hazardous jobs.

Yes, Fundamental Rights are an integral part of the Constitution and are considered the backbone of the nation, essential for safeguarding individual liberty and participation in political affairs. The Supreme Court describes them as part of the Basic Structure of the Constitution.

17. What is Fundamental Right? Discuss the Fundamental Rights enjoyed by a citizen of India.

Answer: A fundamental right is one which finds its sanction in the constitutional provisions of a country. It is protected by the higher law of the land and has a secured place in the basic law of the land, putting restrictions on the unreasonable powers of the State. It is a legally enforceable right governing the relations between the state and the individual.

The fundamental rights of the Indian citizens have been guaranteed by these articles (Art. 12-35). They are classified into six categories:

• Right to Equality (Art. 14-18):
  • Article 14: Guarantees equality before the law.
  • Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
  • Article 16: Ensures equal opportunity in public employment.
  • Article 17: Abolishes untouchability.
  • Article 18: Abolishes titles, except for military and academic distinctions.
• Right to Freedom (Art. 19-22):
  • Article 19: Guarantees freedom of speech, assembly, association, movement, residence, and profession.
  • Article 20: Provides protection against arbitrary conviction.
  • Article 21: Protects life and personal liberty.
  • Article 22: Offers protection against arrest and detention.
• Right Against Exploitation (Art. 23-24):
  • Article 23: Prohibits human trafficking and forced labor.
  • Article 24: Forbids child labor in hazardous jobs.
• Right to Freedom of Religion (Art. 25-28):
  • Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
  • Article 26: Allows religious denominations to manage their own affairs.
  • Article 27: Prohibits the state from compelling any person to pay taxes for the promotion of any particular religion.
  • Article 28: Prohibits religious instruction in state-funded educational institutions.
• Cultural and Educational Rights (Art. 29-30):
  • Article 29: Protects the interests of minorities by allowing them to conserve their language, script, and culture.
  • Article 30: Grants minorities the right to establish and administer educational institutions.
• Right to Constitutional Remedies (Art. 32):
  • Article 32: Allows individuals to approach the Supreme Court to enforce their fundamental rights through writs such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari.

18. Discuss the meaning of Directive Principles of State Policy.

Answer: The Directive Principles of State Policy are guidelines or principles given to the federal institutes governing the state of India, to be kept in consideration while framing laws and policies. They are enumerated in Part IV of the Constitution of India, from Articles 36 to 51. These principles are aimed at ensuring social and economic democracy and set forth the humanitarian and socio-economic goals that the State should strive to achieve. Though they are non-justiciable, meaning they are not enforceable by any court, they are considered fundamental in the governance of the country. They act as a directive to the state to apply these principles in making laws to establish a just society in the country.

19. Discuss the constitutional significance of the Directive Principles of State Policy.

Answer: The constitutional significance of the Directive Principles of State Policy are:

• The directive principles have great moral ideals. They will appeal to the conscience of lawmakers. They may have greater force than the binding of the Constitution. Alen Gledhill remarks: “It would be superficial to discuss these precepts as good resolutions fit only for paving stones on the broad and primrose-strewn way. The lives of countless individuals have been shaped by moral precepts impinging upon their minds and it is not difficult to find instances of similar precepts directing the course of the history of nations.”
• Directive principles cannot be enforced by the courts. But they serve as ideals for the judges and influence their interpretation of laws. As the directive principles constitute a part of the Constitution, it is the duty of the courts to protect them. The Directive Principles impart a sort of continuity in our national policies.
• The directive principles are fundamental in the governance of the country. It is the duty of the state to apply these principles in making laws. If these principles are ignored, the people will penalise those who ignore them. Public opinion is the real force behind these principles. Dr. B.R. Ambedkar observes: “If any government ignores them, they will certainly have to answer for them before the electorate at the election time.”
• The directive principles lay the corner-stone of a welfare state. Dr. Ambedkar observed: “The aim of Constitution, in short, is to establish a state which shall be a democracy not only in the political field where legislative authority is based on adult franchise and the executive is parliamentary, but also promote a welfare state where social and economic democracy prevails.”
• Directive Principles are of great constitutional importance. They form an essential background for all state-action. They are not useless, because of the fact that they cannot be enforced by the courts. A responsible government cannot go against these principles. The success of the Constitution depends on the successful implementation of the directive principles of state policy.
• The Directive Principles constitute the mirror of public opinion. These principles reflect the will of the people whom the members of the Constituent Assembly represented. These principles have been embodied in the Constitution so as to meet the aspirations of the people. The happiness and contentment of the people will depend on implementation of these principles as these principles will meet most of their urgent needs.
• They are regarded as noble principles. They set some ideals before the nation. These principles constitute the very basis of a strong democracy. They are not meant for any particular class or caste, but for the general well-being of the people.
• The directive principles make our Constitution a liberal document. Prof. K.C. Wheare says: “This is the biggest liberal experiment in the government of men by themselves that has ever been tried.”
• It is a fact that the directive principles are not binding upon the State. But the real sanction behind them is the vigilant public opinion. The people can judge the performance of any political party in the light of the implementation of the directive principles of state policy. It is the public opinion that can enforce these provisions. No government can ignore public opinion.

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20. Find out the differences between the Directive Principles and the Fundamental Rights.

Answer: The differences between the Directive Principles and the Fundamental Rights are:

• Fundamental Rights are justiciable, but Directive Principles are non-justiciable. A person can go to court for the violation of Fundamental Rights, but not for Directive Principles.
• Fundamental Rights are accompanied by some limitations, hence they are not absolute. Directive Principles are free from constitutional limitations and their implementation depends on the state’s resources.
• Fundamental Rights can be suspended during a national emergency, except for the rights under Articles 20 and 21. Directive Principles are in a state of permanent suspended animation unless implemented.
• Fundamental Rights are negative in character as they impose restrictions on the government, while Directive Principles are positive as they instruct the government to achieve certain goals.
• The main aim of Fundamental Rights is to establish political democracy by guaranteeing equality, liberty, religious freedom, and cultural rights. The aim of Directive Principles is to establish a just social, economic, and political order.
• Fundamental Rights are primary, while Directive Principles are subsidiary in character. In case of a conflict, Fundamental Rights prevail over Directive Principles.
• Fundamental Rights can be enforced without new legislation, but Directive Principles require new legislation for implementation.
• Fundamental Rights are mostly political in character, whereas Directive Principles are dominated by economic principles, aiming to bring about economic security.
• Fundamental Rights are meant for individuals and are necessary for personal development, while Directive Principles are meant for the state, imposing duties upon it for the general welfare.
• Fundamental Rights limit the authority of the state, while Directive Principles expand the state’s responsibilities towards the welfare of the people.
• Fundamental Rights are binding upon the state, while Directive Principles are optional and may or may not be followed by the state.
• Lastly, Fundamental Rights are based on individualism, while Directive Principles are based on socialistic principles, aiming for social good​(2)​.

21. Classify the Directive Principles on the basis of their ideals. Explain any one of them.

Answer: The directive principles may be classified into four categories on the basis of their objectives:

• Economic principles
• Social principles
• Gandhian principles
• Principles for international peace and security

Economic Principles:

• (i) Adequate means of livelihood for the citizens.
• (ii) Equitable distribution of the ownership and control of the material resources of the community keeping in view the common good.
• (iii) Prevention of concentration of wealth and means of production in the hands of a few.
• (iv) Equal pay for equal work for both men and women.
• (v) Protection of the health and strength of workers, men and women, and the tender age of children.
• (vi) Citizens not forced by economic necessity to enter vocations unsuited to their age or strength.
• (vii) Protection of children and youth against exploitation and moral and material abandonment.
• (viii) Provision of public assistance in cases of unemployment, old age, sickness, and disablement.
• (ix) Living wages, just and human conditions of work, and a decent standard of life.
• (x) Minimisation of inequalities of income.

22. Make an estimate of the Directive Principles.

Answer: Directive Principles are of great constitutional importance. They form an essential background for all state-action. They are not useless, because of the fact that they cannot be enforced by the courts. A responsible government cannot go against these principles. The success of the Constitution depends on the successful implementation of the directive principles of state policy. The Directive Principles constitute the mirror of public opinion.

These principles reflect the will of the people whom the members of the Constituent Assembly represented. These principles have been embodied in the Constitution so as to meet the aspirations of the people. The happiness and contentment of the people will depend on implementation of these principles as these principles will meet most of their urgent needs. They are regarded as noble principles. They set some ideals before the nation. These principles constitute the very basis of a strong democracy. They are not meant for any particular class or caste, but for the general well-being of the people. The directive principles make our Constitution a liberal document.

23. Point out the drawbacks of Directive Principles.

Answer: The directive principles are criticised from all quarters. As the directive principles are not justiciable, the state is not serious in the implementation of these principles. These principles should have been made binding upon the authorities. This is the greatest weakness of the directive principles of state policy. Public opinion is the only sanction behind the directive principles. In India, there is no strong and healthy public opinion. So, nobody cared for these directive principles. As a result of that, the directive principles remained there as so many pious wishes. It is said to be a catalogue of good intentions, but not of positive obligations.

The administrative machinery of the country is not suitable for the implementation of the directive principles of state policy. It stays away from the people. Without missionary zeal, the directive principles cannot be implemented. The vested interests are also responsible for the slow implementation of the directive principles. They very often sabotage the good schemes launched by the state for the implementation of these principles.

Moreover, there is lack of dedication, on the part of various agencies who are responsible for the execution of the directive principles. Directive principles cannot be made successful with a half-hearted approach. Lack of co-operation and vigilance on the part of the people is also another factor behind the failure of these principles. A vigilant public opinion can ensure implementation of the directive principles. Lack of resources is also another factor for the economic backwardness of the people. Moreover, resources, which are available at the disposal of the state, are misused. They should be properly utilised.

It should be remembered that India cannot become a welfare state until and unless the directive principles are implemented. All efforts should be made to make the ordinary people economically secure. Otherwise, it may lead to the failure of our democracy. Mere slogans will not do. What is necessary now is real action for the removal of difficulties which are faced by the people in their everyday life.

Is the above answer too long? Try the shorter answer below..

24. Discuss how the Directive Principles of State Policy have been implemented.

Answer: The aim of the Directive Principles is to establish economic democracy in India along with political democracy. It is satisfying to see that the judiciary has well understood the real significance of Directive Principles. The first Chief Justice of the Supreme Court of India, H. L. Kania, in the Gopalan case of 1950 visualised that being a part of the Constitution these Principles, “represent not the temporary will of a majority but the deliberate wisdom of the nation expressed through them to be fundamental in the governance of the country.”

Although the economic condition of India is not so sound, several steps have been taken to implement the directive principles of State Policy. The State is very much successful in implementing the non-economic principles. It is also making all efforts for the implementation of the economic Principles. Honesty of the administration and co-operation of the people are very much essential for the successful implementation of the directive principles.

• Panchayati Raj has been established throughout the country. The panchayat institutions have been vested with adequate powers for rural development.
• Steps are also being taken for the development of backward classes, Scheduled Castes and Scheduled Tribes in all spheres of life. Special measures are taken for their welfare.
• Steps have been taken for the promotion of cottage and small scale industries. Khadi and Handloom Boards have been brought into being to look after and encourage the growth of these industries.
• In some states, steps have been taken to provide free and compulsory education to children up to the age of fourteen. In some states free mid-day meals are supplied to the school-children. They are also given scholarships liberally.
• The State is taking steps for raising the standard of the people. Development Blocks have been created throughout the country to look after the health, education, sanitation, means of communication etc. of the people.
• A law has been passed in 1973 to separate the executive from the judiciary in the lower stages. Now, judiciary has been separated from the executive in most of the States of India.
• In the economic field, Zamindary system has been abolished. Land reforms have been introduced in many states. Steps are also being taken to solve the unemployment problem.
• The state is also vigilant in putting a stop to all forms of exploitation.
• Steps are also taken by the state for the promotion and modernisation of agriculture.
• Various measures have been adopted to give economic and social security to the people.

But we have to go a long way in the economic field. Concentration of wealth, corrupt practices in administration and apathy of the people should be removed by all means. Schemes are not properly implemented. Money is misused. Unless remedial measures are adopted, the state will not be successful in implementing the economic principles​.

Is the above answer too long? Try the shorter answer below..

25. Mention five important Directive Principles of State Policy of the Indian Constitution.

Answer: Five important Directive Principles of State Policy of the Indian Constitution are:

• Adequate means of livelihood for the citizens.
• Equitable distribution of the ownership and control of the material resources of the community keeping in view the common good.
• That concentration of wealth and means of production in the hands of a few is prevented because it is not in the interest of the society.
• Equal pay is given for equal work to both men and women.
• That the health and strength of workers, men and women, and the tender age of children are not abused.

26. What do you mean by Directive Principles of State Policies of the Indian Constitution? Write the relationship between Fundamental Rights and Directive Principles of State Policies.

Answer: The Directive Principles of State Policy are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. The directive principles are nothing but the restatement of the ideals as laid down in the preamble to the Constitution of India. These principles are like instructions issued to the state. The Centre and the States are to act in such a way so as to promote fraternity and equality and to guarantee justice and liberty to the people.

In spite of the fact that there is a close relationship between the Fundamental Rights and the Directive Principles of State Policy, there are differences between the two. Their character is different. Let us point out the differences between the two:

• Fundamental Rights are justiciable. But the directive principles are non-justiciable. A person can go to the court of law for the violation of his fundamental right, whereas he cannot go to the court when a directive principle is violated.
• Fundamental rights are accompanied by some limitations. Hence, they are not absolute. The directive principles are free from constitutional limitations. Their implementation depends on the availability of the resources of the state.
• The Fundamental rights can be suspended during national emergency excepting the rights mentioned under Articles 20 and 21. But the directive principles are in a state of permanent suspended animation unless they are implemented.
• According to Gledhill, “Fundamental Rights are injunctions to prohibit the Government from doing certain things; the Directive Principles are affirmative instructions to the Government to do certain things.” In other words, fundamental rights are negative and directive principles are positive in character. Fundamental rights are negative as they impose restrictions on the government. The directive principles are positive as they ask the state to endeavour to achieve certain goals.
• The main aim of the fundamental rights is to establish political democracy by guaranteeing equality, liberty, religious freedom and cultural rights. But the aim of directive principles of state policy is to establish just social, economic and political order.

Is the above answer too long? Try the shorter answer below..

Short Answer Type

1. Define Fundamental Rights.

Answer: A fundamental right is one which is sanctioned by the constitutional provisions of a country and protected by the higher law of the land.

2. What is meant by right?

Answer: A right is a condition necessary for civilised life. Democracy cannot function effectively if the people do not have rights.

3. What is meant by right against exploitation?

Answer: The Constitution guarantees the right against exploitation, which is necessary to supplement the right to freedom.

4. What are the restrictions imposed on Right to Freedom?

Answer: Like the right to equality, the right to freedom can also be enjoyed under reasonable restrictions. These may be imposed in the interest of the sovereignty and territorial integrity of the country.

5. What is the position of ‘Right to Property’ today?

Answer: The right to property is no longer a fundamental right. It is now an ordinary right protected by ordinary law, having been moved from Part III of the Constitution to another part.

6. Write a note on the verdict of Goloknath Case.

Answer: The Goloknath case verdict of 1967 declared that Fundamental Rights could not be amended, which was a significant shock to the Parliament.

7. Write a short note on the verdict of Keshvananda Bharti’s Case.

Answer: In 1973, the Supreme Court, in Keshvananda Bharti’s case, held that while fundamental rights can be amended, the basic structure of the Constitution cannot be destroyed.

8. Write any five limitations of Fundamental Rights.

Answer:

• Part III of the Constitution does not include economic rights, which are crucial for a poor country like India.
• Rights are supposed to be the fruits of duties, yet the Constitution was initially silent on citizens’ duties.
• Excessive restrictions have been imposed on fundamental rights, making them less meaningful.
• The detailed provisions regarding fundamental rights in the Constitution have made them complicated.
• The President’s power to suspend fundamental rights during an emergency can be misused and lead to dictatorship.

9. Can Fundamental Rights be amended?

Answer: Yes, Fundamental Rights can be amended.

10. Write a note on any five freedoms under the ‘Right to Freedom’.

Answer:

• Right to freedom of speech and expression
• Freedom of assembly
• Right to form associations
• Freedom of movement
• Right to reside and settle in any part of the state

11. Can a Fundamental Duty be enforced?

Answer: No, a Fundamental Duty cannot be enforced.

12. Write five constitutional guarantees for the preservation of fundamental rights.

Answer:

• Incorporated in Part III of the Constitution
• Given precedence over other laws
• Protected by the Supreme Court
• Enforceable by the courts
• They are not absolute

13. Mention three Fundamental Rights of the Indian citizens.

Answer:

• Right to Equality
• Right to Freedom and Personal Liberty
• Right against Exploitation

14. Write three characteristics of the Fundamental Rights.

Answer:

• Fundamental Rights are not absolute.
• All Fundamental Rights can be suspended except those under Articles 20 and 21.
• Some Fundamental Rights are meant for citizens only.

15. Point out three defects of the Fundamental Rights.

Answer:

• Part III of the Constitution does not include economic rights.
• Rights are supposed to be the fruits of duties.
• Too many restrictions have been imposed on fundamental rights.

16. What do you mean by Preventive Detention?

Answer: Article 22 ensures freedom against arbitrary arrest but also sanctions preventive detention, allowing a person to be detained for two months, extendable upon the advisory board’s recommendation.

17. Mention three constitutional rights that are enshrined in the ‘Right to freedom’ of fundamental right.

Answer:

• Right to freedom of speech and expression
• Freedom of assembly
• Right to form associations

18. Mention any three freedoms enjoyed by an Indian citizen.

Answer:

• Freedom of speech and expression
• Freedom of assembly
• Right to form associations

19. Write any three fundamental duties of an Indian citizen.

Answer:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
• To cherish and follow the noble ideals which inspired our national struggle for freedom
• To uphold and protect the sovereignty, unity, and integrity of India

20. Mention three writs which can be issued by the Supreme Court or High Courts.

Answer:

• Habeas Corpus
• Mandamus
• Prohibition

21. “The Fundamental Rights are not absolute” – Explain.

Answer: Fundamental Rights are subject to reasonable restrictions to balance individual liberty with social security. These restrictions are subject to judicial review.

22. Write the name of two writs issued by Indian Judiciary.

Answer:

• Habeas Corpus
• Mandamus

23. Write any three restrictions of Right to Freedom.

Answer:

• May be restricted in the interest of the sovereignty and territorial integrity of the country.
• The right to acquire, hold, and dispose of property was removed by the 44th Amendment Act of 1978.
• Freedoms granted under this right are suspended during an emergency declared by the President under Article 352.

24. Name three restrictions imposed on Right to Religion.

Answer:

• Subject to norms of public order, morality, and public health
• State can regulate economic, financial, political, or secular activities associated with religious practices
• State can open Hindu religious institutions of public character to all classes and sections of Hindus

25. Mention three rights contained in Article 19 of the Constitution.

Answer:

• Right to freedom of speech and expression
• Freedom of assembly
• Right to form associations

26. Are the Fundamental Rights justiciable?

Answer: Yes, Fundamental Rights are justiciable.

27. Mention any five Gandhian principles enumerated under the Directive Principles.

Answer:

• Establishment of village panchayats as units of self-government (Art. 40)
• Promotion of cottage industries on an individual and co-operative basis in rural areas (Art. 43)
• Making law for the participation of workers in the management of undertakings, establishments, and industry (Art. 43A)
• Raising the level of nutrition and the standard of living and improving public health (Art. 47)
• Prohibiting consumption of intoxicating drinks and drugs except for medicinal purposes (Art. 47)

28. Mention any five differences between Fundamental Rights and Directive Principles.

Answer:

• Fundamental Rights are justiciable; Directive Principles are not.
• Fundamental Rights have limitations; Directive Principles do not.
• Fundamental Rights can be suspended during a national emergency; Directive Principles cannot.
• Fundamental Rights impose restrictions on the government; Directive Principles provide affirmative instructions.
• Fundamental Rights aim to establish political democracy; Directive Principles aim to establish a just social, economic, and political order.

29. Write two differences between Ordinary Rights and Fundamental Rights.

Answer:

• Ordinary legal rights are protected by ordinary law; Fundamental Rights are protected by the Constitution.
• Fundamental Rights are binding upon the state, while Directive Principles are optional.

30. Explain the main provisions of Article 51 of the Constitution of India.

Answer: Article 51 states that the state shall endeavour to:

• Promote international peace and security
• Maintain just and honourable relations between nations
• Foster respect for international law and treaty obligations
• Encourage the settlement of international disputes by arbitration

31. Write three differences between Fundamental Rights and Directive Principles.

Answer:

• Fundamental Rights are justiciable; Directive Principles are not.
• Fundamental Rights have limitations; Directive Principles do not.
• Fundamental Rights can be suspended during a national emergency; Directive Principles cannot.

32. Mention three characteristics of Directive Principles.

Answer:

• They are not legally binding upon the state.
• They are not enforceable by the courts.
• They serve as moral guidelines.

33. Mention two goals of the Directive Principles of State Policy.

Answer:

• To establish a just social order
• To establish economic democracy

34. Write three international principles as enumerated under the Directive Principles.

Answer:

• To promote international peace and security
• To maintain just and honourable relations between nations
• To foster respect for international law and treaty obligations

35. Mention three Gandhian Principles as incorporated in Part IV of the Indian Constitution.

Answer:

• Organisation of village panchayats
• Promotion of cottage industries
• Prohibition of cow slaughter

36. Mention three principles which have been implemented by the State.

Answer:

• Establishment of Panchayati Raj
• Development of backward classes, Scheduled Castes, and Scheduled Tribes
• Promotion of cottage and small-scale industries

37. Write three defects of the Directive Principles.

Answer:

• They are not justiciable.
• Public opinion is the only sanction behind them.
• The administrative machinery is not suitable for their implementation.

38. Mention any two Directive Principles which have not yet been properly implemented by the State.

Answer:

• Securing a living wage and a decent standard of life for all workers
• Promoting the educational and economic interests of the weaker sections of the people

39. Mention two major drawbacks of the Directive Principles.

Answer:

• They are not justiciable.
• They depend on the will of the party in power.

40. Write two Directive Principles meant for the promotion of international understanding.

Answer:

• To promote international peace and security
• To maintain just and honourable relations between nations

41. Mention two Social Principles included in Part IV of the Indian Constitution.

Answer:

• The state shall promote with special care the educational and economic interests of the weaker sections of the people, particularly the Scheduled Castes and Scheduled Tribes.
• The state shall secure a social order for the promotion of the welfare of the people.

42. Write any two features of the Directive Principles.

Answer:

• They are non-justiciable.
• They are fundamental in the governance of the country.

43. Write two economic principles contained in the Directive Principles of State Policy of the Constitution.

Answer:

• The state shall direct its policy towards securing adequate means of livelihood for citizens and equitable distribution of material resources.
• The state shall ensure that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

44. Write three limitations of the Fundamental Rights.

Answer:

• Part III of the Constitution does not include economic rights.
• Rights are supposed to be the fruits of duties.
• Too many restrictions have been imposed on fundamental rights.

Objective Type

1. Under which articles are the Fundamental Rights mentioned?

Answer: Articles 12-35

2. Choose the correct answer:

(i) Right to property has been taken out of the list of Fundamental Rights by:

(a) 42nd Amendment (b) 45th Amendment (c) 44th Amendment (d) 43rd Amendment

Answer: (c) 44th Amendment

(ii) Fundamental Duties of the citizen were added to the constitution by the following amendment:

(a) 42nd (b) 44th (c) 45th (d) 73rd

Answer: (a) 42nd

(iii) Abolition of untouchability is a Right to Equality / Right to Freedom of Religion / Right against Exploitation.

Answer: Right to Equality

3. Who can make amendments to the Fundamental Rights?

Answer: Parliament

4. Write a difference between General Rights and Fundamental Rights.

Answer: General Rights are protected by ordinary law, while Fundamental Rights are protected and guaranteed by the Constitution.

5. Are Fundamental Rights absolute?

Answer: No

6. Fundamental Rights are absolute. (Write True or False)

Answer: False

7. In Part IV of the constitution, how many fundamental duties are mentioned?

Answer: Originally, the Constitution of India did not contain these duties. Fundamental duties were added by the 42nd and 86th Constitutional Amendment Acts. As of now, there are 11 Fundamental duties.

8. What do you know about the writ of Quo-warranto?

Answer: By issuing this writ, the court may prevent a person from acting in a public office to which they are not entitled. It is in the nature of an injunction. It is issued to a person who acts in a capacity to which they are not entitled.

9. Compare the relationship between the Directive Principles and Fundamental Rights.

Answer: Part IV of the Constitution of India is regarded as the sister part of Part III, which deals with the fundamental rights of Indian citizens.

10. Explain briefly the constitutional significance of the Directive Principles.

Answer: The directive principles represent moral ideals. They appeal to the conscience of lawmakers and may have a greater influence than binding constitutional provisions.

11. Write a note on the ‘Human Rights Commission’.

Answer: The National Human Rights Commission in India is a statutory body constituted on 12 October 1993 under the Protection of Human Rights ordinance of 28 September 1993. It is responsible for the protection and promotion of human rights, defined by the act as “rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution of India.” The commission spreads human rights awareness among the masses and encourages the efforts of all stakeholders in the field of human rights literacy. It consists of a chairman, five members, and four national members, making a total of nine members. The Protection of Human Rights Act of 1993 provided it with a legal foundation.

12. Mention a Right to Liberty and Personal Freedom.

Answer: Article 21 states that no person shall be deprived of their life and personal liberty except according to the procedure established by law.

13. State any four Directive Principles of state policy which lay down the foundation of a socialist society in India.

Answer:

• Adequate means of livelihood for the citizens;
• Equitable distribution of the ownership and control of the material resources of the community for the common good;
• Prevention of concentration of wealth and means of production in the hands of a few;
• Equal pay for equal work for both men and women;

14. Explain the Right to Freedom as enjoyed by the Indian citizen.

Answer: Article 19 of the Constitution of India guarantees certain rights to Indian citizens, including: (a) Right to Freedom of speech and expression; (b) Freedom of assembly; (c) Right to form associations; (d) Freedom of movement; (e) Right to reside and settle in any part of the state; and (f) Freedom of profession, occupation, trade, or business.

15. Mention any two conditions under which ‘Fundamental Rights’ can be restricted.

Answer:

• Fundamental Rights are subject to reasonable restrictions to balance individual liberty and social security. These restrictions are subject to judicial review.
• All Fundamental Rights can be suspended except for those guaranteed under Articles 20 and 21. The Right to Freedom under Article 19 is automatically suspended during an emergency. Other fundamental rights can be suspended by the President under Article 359 during a national emergency under Article 352.

16. Are Directive Principles of State Policy justiciable?

Answer: No

17. Which part of the Indian Constitution deals with Directive Principles of State Policy?

Answer: Part IV

18. How many Fundamental Rights are there in the Constitution?

Answer: Six

19. Which Fundamental Right enshrined in the Constitution of India is regarded as the ‘Heart and Soul’ of the Constitution?

Answer: Right to Constitutional Remedies (Article 32)

20. Are the Fundamental Rights absolute?

Answer: No

21. Which right cannot be enjoyed by foreigners?

Answer: Some fundamental rights are meant for citizens only.

22. Who can regulate the rights of the forces?

Answer: Parliament

23. Which freedom has been removed from the Constitution?

Answer: Right to acquire, hold, and dispose of property

24. Which right is no longer a Fundamental Right?

Answer: Right to Property

25. Can the basic structure of the Constitution be destroyed?

Answer: No

26. Who can amend the Fundamental Rights?

Answer: Parliament

27. Are constitutional amendments subject to judicial review?

Answer: Yes

28. Which amendment of the Constitution took away the right to property?

Answer: 44th Amendment Act of 1978

29. Who is the guardian of the Fundamental Rights?

Answer: Judiciary

30. Which part of the Constitution deals with the Fundamental Rights?

Answer: Part III

31. Which part of the Constitution deals with the Fundamental Duties?

Answer: Part IV-A

32. By which Amendment of the Constitution of India were Fundamental Duties added to the Constitution?

Answer: 42nd Amendment Act

33. Which court can issue writs under Article 226 for the enforcement of Fundamental Rights?

Answer: High Court

34. Under Article 32, the Supreme Court/High Court can issue writs. (Choose the correct option)

Answer: Supreme Court

35. Which amendment of the Constitution added Fundamental Duties of citizens?

Answer: 42nd Amendment Act

36. What is the total number of Fundamental Duties of an Indian Citizen?

Answer: 11

37. Are the Fundamental Rights amendable?

Answer: Yes

38. By which amendment of the Constitution of India was the Right to Property removed as a Fundamental Right?

Answer: 44th Amendment Act of 1978

(b) Answer the following:

1. Is a directive principle justiciable?

Answer: No

2. What is the greatest force behind a directive principle?

Answer: Public opinion

3. In which Part of the Constitution of India are the Directive Principles of State Policy included?

Answer: Part IV

4. Are the Directive Principles of State Policy justiciable?

Answer: No

5. What is the basic aim of Directive Principles of State Policy?

Answer: To establish economic democracy in India along with political democracy.

(c) Write whether ‘correct’ or ‘incorrect’:

1. Right to property is a Constitutional Right.

Answer: Correct

2. Right to property is a Legal Right.

Answer: Correct

3. Right to property is no longer a Fundamental Right.

Answer: Correct

4. Fundamental Rights are absolute.

Answer: Incorrect

5. Fundamental Rights cannot be suspended.

Answer: Incorrect

6. Fundamental Rights can be amended.

Answer: Correct

7. Fundamental Rights are superior to Directive Principles.

Answer: Correct

8. The Indian citizens have no right to freedom of expression.

Answer: Incorrect

9. Fundamental Duties are binding upon the citizens.

Answer: Incorrect

10. There is legal force behind the Fundamental Duties.

Answer: Incorrect

11. The fundamental rights are an integral part of the Constitution of India. (Write yes or no.)

Answer: Yes

12. Directive principles are economic in character.

Answer: Correct

13. The State is bound to enforce the directive principles.

Answer: Incorrect

14. Directive Principles have no moral force.

Answer: Incorrect

Textual Questions

1. Write true or false against each of these statements:

(a) A Bill of Rights lays down the rights enjoyed by the people of a country.

Answer: True

(b) A Bill of Rights protects the liberties of an individual.

Answer: True

(c) Every country of the world has a Bill of Rights.

Answer: False

(d) The Constitution guarantees remedy against violation of Rights.

Answer: True

2. Which of the following is the best description of ‘Fundamental Rights’?

(a) All the rights an individual should have.

(b) All the rights given to citizens by law.

(c) The rights given and protected by the Constitution.

(d) The rights given by the Constitution that cannot ever be restricted.

Answer: (c) The rights given and protected by the Constitution.

3. Read the following situations. Which Fundamental Right is being used or violated in each case and how?

(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.

Answer: This violates the right to equality as women are being discriminated against on the basis of their sex.

(b) A director makes a documentary film that criticises the policies of the government.

Answer: This uses the right to freedom of speech and expression to criticise the government.

(c) People displaced by a big dam take out a rally demanding rehabilitation.

Answer: This uses the right to freedom of assembly and freedom of movement to demand rehabilitation.

(d) Andhra society runs Telugu medium schools outside Andhra Pradesh.

Answer: This uses the cultural and educational rights to preserve their language and culture.

4. Which of the following is a correct interpretation of the Cultural and ‘Educational Rights’?

(a) Only children belonging to the minority group that has opened educational institutions can study there.

(b) Government schools must ensure that children of the minority group will be introduced to their belief and culture.

(c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.

(d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.

Answer: (c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.

5. Which of the following is a violation of Fundamental Rights and why?

(a) Not paying minimum wages

(b) Banning of a book

(c) Banning of loudspeakers after 9 p.m.

(d) Making a speech.

Answer: (b) Banning of a book. This violates the right to freedom of speech and expression.

6. An activist working among the poor says that the poor don’t need Fundamental Rights. What they need are Directive Principles to be made legally binding? Do you agree with this? Give your reasons.

Answer: This statement is debatable. While Directive Principles aim to create social and economic justice, Fundamental Rights are essential for protecting individual liberty and dignity, which are crucial for all, including the poor. Making Directive Principles legally binding without ensuring the protection of Fundamental Rights might lead to a situation where the government could potentially implement welfare measures at the cost of individual freedoms. A balance between the two is essential.

7. Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?

Answer: This case involves a violation of several Fundamental Rights:

• Right to Equality: They are being discriminated against based on their caste.
• Right against Exploitation: They are being forced into a particular occupation, a form of forced labour.
• Right to Education: Their children are being denied the right to education.
• Right to Life and Personal Liberty: This includes the right to live with dignity, which is being denied by forcing them to continue in a degrading occupation.

8. A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of Ration Cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the Court to order the government to improve its public distribution system.

(a) Which different rights does this case involve? How are these rights interlinked?

Answer: This case involves the right to life, which includes the right to food and livelihood. It also involves the right to information, as many are unaware of their entitlements. These rights are interlinked as the right to life is meaningless without access to food, and access to food is hampered without information about one’s entitlements.

(b) Should these rights form part of the right to life?

Answer: Yes, the right to food and the right to information are essential for a dignified life and should be considered part of the right to life.

9. Read the statement by Somnath Lahiri in the Constituent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.

Answer: Somnath Lahiri argued that the granted rights are minimal and typically accompanied by clauses that allow restrictions, reflecting a perspective akin to that of a police constable. This is evident in various provisions used to limit fundamental rights.

For instance, the provision for preventive detention contradicts the right to life and personal liberty and has frequently been misused by the government.

Several rights under the right to freedom are restricted by the government in various ways. For example, the provision that restricts the assembly of five or more people in certain areas can be misused by the administration.

10. Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.

Answer: In my opinion, the most important Fundamental Right is the Right to Equality.

Provisions:

• Equality before Law (Article 14): Ensures every person is treated equally before the law.
• Prohibition of Discrimination (Article 15): Prohibits discrimination based on religion, race, caste, sex, or place of birth.
• Equality of Opportunity (Article 16): Guarantees equal opportunities in public employment.
• Abolition of Untouchability (Article 17): Abolishes untouchability and forbids its practice.
• Abolition of Titles (Article 18): Prohibits the state from conferring titles except military and academic distinctions.

Importance:

• Foundation of Justice: Ensures fair treatment for all individuals.
• Preventing Discrimination: Promotes social harmony by prohibiting unfair treatment.
• Economic and Social Mobility: Encourages meritocracy and reduces disparities.
• Social Integration: Eliminates social hierarchies, fostering inclusion.
• Inclusive Development: Allows every citizen to contribute to the nation’s progress.

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