Here, you will find summaries, questions, answers, textbook solutions, pdf, extras etc. of (Nagaland Board) NBSE Class 11 Political Science Chapter 11: Fundamental Rights, Duties and Directive Principles of State Policy. These solutions, however, should be only treated as references and can be modified/changed.
Introduction
The chapter provides a comprehensive overview of fundamental rights, duties, and directive principles of state policy. It delves into the meaning and significance of rights, highlighting the evolution of these rights over time, from the French Revolution to the adoption of the Universal Declaration of Human Rights by the UN General Assembly in 1948.
It discusses the various rights enshrined in the Indian Constitution, including the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. It emphasizes the importance of equality of opportunity in matters of public employment, prohibiting discrimination based on religion, race, caste, sex, place of birth, or residence.
The chapter also addresses the issue of reservations for Other Backward Classes (OBCs) in higher educational institutions, noting the Supreme Court’s ruling that excludes the “creamy layer” from reservation seats and mandates a review every five years.
Furthermore, it explores the Directive Principles of State Policy, emphasizing the state’s responsibility to ensure adequate means of livelihood, fair distribution of wealth, and equal pay for equal work for both men and women. It also discusses the Fundamental Duties and the relationship between Fundamental Rights and Directive Principles.
It underscores the importance of the Right to Constitutional Remedies, which Dr. Ambedkar regarded as “the very Soul of the Constitution and the very heart of it”. This right guarantees the ability to move the Supreme Court for the enforcement of Fundamental Rights.
Textual questions and answers
A. Long answer questions
1. Discuss the significance of the Fundamental Rights given in our Constitution in the light of the following statements:
(a) Rights protect civil liberties (freedom of speech and expression, etc.) of an individual
Answer: Democracy is of no avail if civil liberties, such as freedom of speech, religion and freedom from arbitrary arrest, are not recognised and protected by the State. Democracy is essentially government by opinion or persuasion. Therefore, the means for formulating public opinion should be secured to the citizens. The Constitution of India guarantees to the citizens freedom of speech and expression and freedom of assembly.
(b) Rights are a check on arbitrary powers of the Government.
Answer: The Fundamental Rights can be altered or curtailed only by an amendment of the Constitution. The inclusion of Fundamental Rights in the Constitution, as we have already seen, is a check not only on the Executive (the President, the Prime Minister, Ministers and government officials), but also on Parliament and other legislative bodies.
(c) Rights are protected by the Constitution, since they are enforceable by the Courts.
Answer: All persons, irrespective of race, religion, caste or sex, have the right to move the Supreme Court or the High Court for the enforcement of the rights conferred by the Constitution. It is not always necessary that the person who has instituted the legal proceedings should have a right of his own which he seeks to defend. The poverty ridden and oppressed people of India do not possess the means to seek relief. In the public interest anyone can commence litigation in the Court. This is known as ‘Public Interest Litigation’. High Court judges have even acted on their own on the basis of newspaper’s reports.
(d) Rights preserve and protect interests of Minorities.
Answer: The Constitution prohibits any discrimination based on religion, race or language. All citizens have the right to conserve their language, script and culture. All Minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
2. Examine the significance of the ‘Right to Equality’ in the light of the following provisions of the Constitution of India:
(a) Prohibition of discrimination on grounds of religion, race, caste and sex
Answer: Article 15 prohibits the State to “discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” No citizen shall be denied access to shops, public restaurants, hotels and places of public entertainment. Neither shall any one be denied the use of wells, tanks, bathing ghats and roads maintained wholly or partly out of the State funds.
(b) Equality of Opportunity in matters of Public Employment
Answer: The ‘Right to Equality’ is a fundamental right enshrined in the Indian Constitution that ensures that all citizens are treated equally and without discrimination (Article 16). There shall be no discrimination against any citizen on grounds of religion, race, caste, sex, place of birth, residence or any of them in respect of any employment under the State.
(c) Abolition of Untouchability
Answer: Some rights are enforceable against persons or private organisations also. For example, Constitution abolished untouchability. Therefore, persons practising untouchability shall be punished in accordance with law. Article 17 of the constitution declares that “untouchability is abolished and its practice in any form is forbidden”. In many schools the Dalit children cannot take drinking water from the same water pump as was used by the so-called highborn children. That shows untouchability, while banned under the Constitution, is continuing to exist.
3. Examine the major provisions of Article 19 of the Constitution, which deals with Freedom of Speech and Freedom of Assembly, etc.
Answer: The major provisions of Article 19 of the Constitution, which deals with Freedom of Speech and Freedom of Assembly, etc., are as follows:
Article 19 is a part of the ‘Right to Freedom’ enshrined in the Indian Constitution. This article guarantees certain freedoms to the citizens of India, subject to certain restrictions. A Proclamation of Emergency shall have an adverse effect on Fundamental Rights. Firstly, the rights conferred by Article 19 (freedom of speech, freedom of assembly, freedom of movement, etc.) remain suspended. In other words, the legislature may make laws or the executive may commit acts which go against the rights conferred.”
The freedoms guaranteed under Article 19 include the freedom of speech and expression, the freedom to assemble peaceably without arms, the freedom to form associations or unions, the freedom to move freely throughout the territory of India, the freedom to reside and settle in any part of the territory of India, and the freedom to practice any profession, or to carry on any occupation, trade or business.
These freedoms are essential for the functioning of a democratic society as they allow citizens to express their opinions, protest against injustices, form associations or unions, and move, reside and settle freely within the country. They also allow citizens to choose and practice their profession, trade or business.
However, these freedoms are not absolute and are subject to certain restrictions in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
6. Which of the Fundamental Rights is the most important right about which Dr. Ambedkar remarked, “it is the very soul of the Constitution and the very heart of it.” Explain the Writs of Habeas Corpus, Mandamus and Quo Warranto which the Supreme Court and High Courts may issue for the protection of Fundamental Rights. (Or) How does the Judiciary protect the Fundamental Rights in India?
Answer: The most important right about which Dr. Ambedkar remarked, “it is the very soul of the Constitution and the very heart of it” is the Right to Constitutional Remedies (Article 32). This right guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights. The High Courts may also issue writs or orders for the enforcement of any of the rights.
The Supreme Court and the High Courts may issue the following orders or writs:
Writ of Habeas Corpus: ‘Habeas Corpus’ is a Latin term which means “you may have the body”. It provides a remedy for a person wrongly detained or restrained. The Supreme Court and the High Courts issue this writ to a person who detains another in custody and command him to bring the prisoner into Court and tell the time and the cause of the arrest. If the cause is insufficient, he is at once unconditionally released.
Mandamus: The Latin term ‘mandamus’ means “we command”. The purpose of the writ is to compel an inferior court or an individual to perform their legal duty. This power has to be exercised only for the enforcement of Fundamental Rights.
Quo Warranto: The term ‘quo warranto’ means “by what warrant?”. It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. The writ requires the person to explain by what authority he is in that office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.
7. In the context of the Right against Exploitation, answer the following questions:
(a) Does payment of less than the Minimum Wages fall within the scope of the words Forced Labour? Cite a case in which the Supreme Court interpreted the words Forced Labour.
Answer: Yes, payment of less than the minimum wages does fall within the scope of the words ‘forced labour’. This was established by the Supreme Court in the Asiad Workers case (1982). The court held that making a person work against his will and then not paying him his wages, or paying less than the minimum wages, can be considered as ‘forced labour’.
(b) What are the provisions of the Constitution regarding employment of children in factories, etc.?
Answer: The provisions of the Constitution regarding the employment of children in factories, etc. are outlined in Article 24. This article states, “No child below the age of fourteen years shall be employed to work in any factory or mine. Nor shall such a child be engaged in any hazardous employment.”
This provision is significant as it protects children from being exploited through labor, particularly in hazardous environments such as factories and mines. It ensures that children are not deprived of their childhood and are given the opportunity to grow, learn, and develop in a safe and nurturing environment.
8. What is meant by the Directive Principles laid down by the Constitution of India? Mention the Directive Principles based on Gandhian Ideals.
Answer: The Directive Principles of State Policy are non-justiciable rights of the people. These provisions shall not be enforceable by any Court. If a Directive is infringed, no remedy is available to the aggrieved party by way of judicial proceedings. Even though they are non-justiciable, the Directive Principles are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Even the judiciary has to keep them in mind in deciding cases.
The Directive Principles based on Gandhian Ideals include:
- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular the interests of the Scheduled Castes and the Scheduled Tribes.
- The State shall make an effort to prevent the consumption of liquor and other harmful drugs, except for medicinal purposes. It shall be the duty of State to raise the level of nutrition and the standard of living of the people and to improve public health.
- Steps should be taken “to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government.”
- Mahatma Gandhi wanted cottage industries, particularly home spinning, to flourish. Our Constitution says, “the State shall endeavour to promote cottage industries in rural areas.”
- Agriculture and animal husbandry should be organised on modern and scientific lines. Steps should be taken for prohibiting the slaughter of cows, calves and other milch and draught cattle.
- The state shall endeavour to provide early childhood care for all children until they complete the age of six years.
9. Mention the Directive Principles which promote economic equality and proclaim that India is a Welfare State.
Answer: The Directive Principles which promote economic equality and proclaim that India is a Welfare State include:
- The State should ensure for its people adequate means of livelihood.
- There should be fair distribution of wealth. There should be no concentration of wealth in the hands of a few people. Means of production and other resources of the country should be utilised for the common good.
- There should be equal pay for equal work for both men and women.
- Childhood and youth should be protected against exploitation. Men, women and children should not be forced by economic necessity to enter jobs and vocations, not suited to their age or strength.
- The State should ensure the participation of workers in the management of industries and other organisations.
10. Mention the steps taken by the Government to achieve the objectives of Directive Principles of State Policy. (Or) Discuss the things done by the Government to secure implementation of the Directive Principles of State Policy.
Answer: The Government has taken several steps to achieve the objectives of the Directive Principles of State Policy. Some of these steps include:
- The Right to Education came into force on 1 April, 2010. It has now become a Fundamental Right of all Children of the age 6 to 14 years.
- Welfare schemes for the weaker sections are being implemented by the government, which provides free textbooks to students belonging to SCs/STs pursuing medicine and engineering courses.
- In order that Scheduled Castes and Scheduled Tribes are fully protected from atrocities the Government enacted the Prevention of Atrocities Act.
- Several Land Reform Acts were enacted to provide ownership rights to the poor farmers.
- The Equal Remuneration Act, 1976, provides for equal pay for both men and women for the same work or a work of similar nature.
- The National Rural Employment Guarantee Act (2005), now named after Mahatma Gandhi, required to provide 100 days of employment in a year to each rural household in the country. During 2013-14 nearly 4.98 crore households were provided employment under the Rural Employment scheme.
- Under the Pradhan Mantri Jan-Dhan Yojana (PMJDY) it was made possible for all, especially the poor, to have banking opportunity as well as insurance coverage, which previously they did not have.
- Judiciary has been separated from the executive in all the States and Union Territories except Jammu and Kashmir and Nagaland.
- Panchayati Raj now covers almost all states and Union Territories.
- The main principles underlying India’s foreign policy are peaceful coexistence, disarmament and fight against colonialism and racialism.
B. Short answer questions
11. What is meant by the term ‘Fundamental Rights’?
Answer: Fundamental Rights are fundamental in the sense that they have been incorporated in the Fundamental Law of the Land (the Constitution) and can be enforced by the Supreme Court and the High Courts. They are not fundamental in the sense that they are absolute. Neither are they exempt from the Constitutional Amendment.
15. What do the Directive Principles say regarding:
(a) Protection of Environment
Answer: The Forty-second Amendment Act, 1976 speaks about State’s duty “to protect and improve the environment and to safeguard the forests and wildlife of the country”.
(b) Protection of Monuments
Answer: Places and things of national importance should be protected from spoilation, disfigurement, destruction, removal, disposal or export.
16. Mention any four Fundamental Duties of Citizens of India.
Answer: Any four Fundamental Duties of Citizens of India are:
- 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.
17. Mention three main differences between Fundamental Rights and Directive Principles of State Policy.
Answer: Three main differences between Fundamental Rights and Directive Principles of State are:
- The Supreme Court and the High Courts have power to issue orders or writs for the enforcement of the Fundamental Rights. On the other hand, it is clearly stated that Directive Principles are not enforceable or justiciable.
- Rights protect life and civil liberties, such as freedom to assemble and express one’s opinion on matters of common interest. The Directive Principles indicate as to what our economic ideal or social order ought to be.
- Rights are mostly negative in character. They indicate the things which the State must not do. Thus a person who is arrested shall not be denied the right to consult a lawyer of his choice. Directive Principles are in the nature of positive directions to the State. For example, the state is directed to secure to the citizens humane conditions of work and economic assistance in cases of unemployment, old age and sickness.
C. Very short answer questions
18. Which Fundamental Right is being violated in each case?
(a) Overweight air-hostesses were denied promotion.
Answer: The Fundamental Right being violated in this case is the Right to Equality, specifically Article 16.
(b) Banning the release of a Film that criticises Government and Prime Minister’s policies.
Answer: The Fundamental Right being violated in this case is the Right to Freedom, specifically the freedom of speech and expression.
(c) Tamil Society which runs Tamil medium schools in Andhra Pradesh was given a notice that only Telugu medium schools may be established in Andhra Pradesh.
Answer: The Fundamental Right being violated in this case is the Cultural and Educational Rights, specifically Article 30, which allows all minorities, whether based on religion or language, to set up and administer educational institutions of their choice.
(d) In a particular village the children of a caste group traditionally associated with scavenging (cleaning jobs) were not allowed to seek admission to school.
Answer: The Fundamental Right being violated in this case is the Right to Education and Right to Equality, specifically Article 15, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
D. Multiple Choice Questions: Tick (✔) the correct answer
19. Which of the following Fundamental Right is guaranteed only to the Citizens and not Aliens?
Answer: (d) Freedom of Speech and Expression and to form Association
20. Which of the following Articles of the Constitution of India abolished Untouchability?
Answer: (a) Article 17
21. The Supreme Court and the High Courts may issue Writs for the protection of Fundamental Rights. What is the purpose of the Writ of Prohibition?
Answer: (c) To direct the inferior courts to keep within the limits of their jurisdiction.
22. Which of the following is the best example of a Directive Principle based on Gandhian programme?
Answer: (c) Steps should be taken to enable Village Panchayats to function as units of self-government.
Value-based question
On 8 May 2012 the Supreme Court directed the Union Government to eliminate the Haj subsidy in 10 years. Which ideal of the Constitution did this judgement reflect?
Answer: The Supreme Court’s decision to direct the Union Government to eliminate the Haj subsidy in 10 years reflects the ideal of secularism enshrined in the Constitution. This ideal is based on the principle that the State should not favour or discriminate against any religion. By eliminating the Haj subsidy, the State is ensuring that it does not favour one religion over others, thus upholding the principle of secularism. This decision also reflects the ideal of equality, as it ensures that all citizens, regardless of their religious beliefs, are treated equally by the State.
Additional/extra questions and answers
1. What did the French National Assembly proclaim in the Declaration of Rights of Man post the French Revolution?
Answer: The French National Assembly proclaimed that “all men are born equal and should have equal rights” in the Declaration of Rights of Man post the French Revolution.
2. Describe the significance of the American Bill of Rights and what does it include?
Answer: The American Bill of Rights, adopted as 10 amendments to the Constitution by the American Congress in September 1789 and enacted by December 1791, holds immense significance. It includes several crucial provisions, most notably: the freedom of speech, freedom of the press, and protection against cruel punishment.
3. What is Human Rights Day and why is it celebrated?
Answer: Human Rights Day is celebrated every year on December 10th. This day was chosen to commemorate the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly on the same day in 1948. The celebration of this day aims to remind people of the significant strides that have been made towards securing human rights worldwide and the work still needed to ensure complete global equality.
4. How are rights defined and what is the meaning of Fundamental Rights?
Answer: Rights are defined as those powers and freedoms which are essential for a good life. Fundamental Rights, on the other hand, are fundamental in the sense that they have been incorporated in the Fundamental Law of the Land, which is the Constitution. These rights can be enforced by the Supreme Court and the High Courts. Fundamental Rights, however, are not absolute and are not exempt from the Constitutional Amendment.
5. Explain the distinction between Fundamental Rights and other rights of citizens.
Answer: Fundamental Rights differ from other rights of citizens, like the right to marry or the right to enter into contracts, in two major aspects. Firstly, other rights can be changed by the ordinary course of legislation, while a Constitutional Amendment is required to alter the Fundamental Rights. Secondly, the protection and enforcement of the other rights are managed by ordinary courts of land, but the Fundamental Rights are upheld and enforced by the Supreme Court and the High Courts.
Q. Elaborate on the necessity and significance of Fundamental Rights. Answer: Fundamental Rights bear significant importance for several reasons:
- They help in establishing relations between Citizens and State. This includes the Government (Executive) and Parliament of India, the Government (Executive) and the Legislature of each of the States, and all local or other authorities within the territory of India.
- Fundamental Rights are crucial for the development of the powers inherent in every individual and are secured to preserve human dignity and to promote social progress in larger freedom.
- Democracy implies civil liberties. Without the recognition and protection of civil liberties such as freedom of speech, religion, and freedom from arbitrary arrest, democracy is of no value. Democracy is essentially government by opinion or persuasion. Therefore, the means for formulating public opinion should be secured to the citizens. The Constitution of India guarantees to its citizens freedom of speech and expression and freedom of assembly.
86. Discuss the relationship between Fundamental Rights and Directive Principles, and how they complement each other?
Answer: The Fundamental Rights and the Directive Principles complement and supplement each other. The Rights proclaim that India is a Liberal Democracy, assuring individual freedoms and equality before the law. They provide checks on the powers of the state, protecting the civil liberties of the citizens from arbitrary state actions. Meanwhile, the Directive Principles lay down the path for the country’s social and economic progress, providing guidelines to the government to establish a just society by promoting welfare of the public, economic democracy, and peace and security. For instance, it calls on the state to provide opportunities for education to children between the age of 6 and 14 years, or to protect and improve the natural environment. As Justice Chandrachud mentioned, “Together, not individually, they (Fundamental Rights and the Directive Principles) form the core of the Constitution. Together, not individually, they constitute its true Conscience.” Thus, both Fundamental Rights and Directive Principles play a critical role in shaping India’s democratic ethos and socio-economic landscape.
Additional/extra MCQs
1. What proclamation was made by the French National Assembly in the Declaration of Rights of Man following the French Revolution?
A. Equality in opportunities B. All men are born equal C. Freedom of speech D. No cruel punishments
Answer: B. All men are born equal
2. What significant document was adopted by the American Congress in September 1789?
A. Declaration of Rights of Man B. Universal Declaration of Human Rights C. The Bill of Rights D. The Magna Carta
Answer: C. The Bill of Rights
3. What is celebrated globally on December 10th every year?
A. Democracy Day B. Rights Day C. Constitution Day D. Human Rights Day
Answer: D. Human Rights Day
4. What are the rights that have been incorporated into the Fundamental Law of the Land (the Constitution) referred to as?
A. Civil Liberties B. Constitutional Rights C. Fundamental Rights D. Human Rights
Answer: C. Fundamental Rights
107. How do the Fundamental Rights and Directive Principles relate to each other?
A. They contradict each other B. They are unrelated C. They complement each other D. They nullify each other
Answer: C. They complement each other
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