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Punjab State Board PSEB 9th Class Social Science Book Solutions Civics Chapter 6 Fundamental Rights of Citizen Textbook Exercise Questions and Answers.

PSEB Solutions for Class 9 Social Science Civics Chapter 6 Fundamental Rights of Citizen

SST Guide for Class 9 PSEB Fundamental Rights of Citizen Textbook Questions and Answers

I. Fill in the Blanks :

Question 1.
Indian Constitution provides fundamental rights to its citizens.
Answer:
Six.

Question 2.
Right to free and compulsory education to children of age group 6-14 is granted under _________ article by _________ constitutional amendment.
Answer:
21 A, 86th.

II. Multiple Choice Questions :

Question 1.
Child labour is banned under :
(i) Right to freedom
(ii) Right to equality
(iii) Right against exploitation
(iv) Right to constitutional remedies.
Answer:
(iii) Right against exploitation.

Question 2.
A secular state means :
(i) A state that recognises only one religion.
(ii) A state that has no religion.
(iii) A state that has multi religions.
(iv) A state that doesn’t establish any one religion.
Answer:
(ii) A state that has no religion.

III. Write T (for True) and F (for False) statements :

Question 1.
Rights are those essential conditions of life without which-no one can lead a full happy life.
Answer:
True.

Question 2.
Secularism means people are free to follow any religion.
Answer:
True.

IV. Very Short Answer Type Questions

Question 1.
In which part of the Constitution Fundamental Rights are incorporated?
Answer:
Fundamental Rights are incorporated in Part-Ill of the Constitution.

Question 2.
Which power has been conferred on Indian judiciary for the protection of fundamental rights?
Answer:
Indian judiciary is given the power to issue writs for the protection of fundamental rights under Right to Constitutional Remedies.

Question 3.
Give the name of the bill in which Bal Gangadhar Tilak had demanded some rights for Indians from the British.
Answer:
Bal Gangadhar Tilk asked for the Swaraj Bill.

Question 4.
In which report equal rights for women were demanded from Britishers?
Answer:
Nehru Report.

Question 5.
What is reasonable claim recognised by the society and enforced by the state called?
Answer:
They are called Fundamental Rights.

Question 6.
When and under which amendment the right to property was excluded from the list of fundamental rights?
Answer:
In 1978 through 44th Constitutional Amendment, right to property was excluded from the list of fundamental rights.

Question 7.
Name any two fundamental rights which have been provided to the foreigners also.
Answer:
Right to Freedom, Right to Equality before Law, Right to Freedom of Religion.

Question 8.
Under which article, right to education has been enlisted in the list of fundamental rights.
Answer:
Article 21-A.

Question 9.
From which article to which article fundamental rights have been enlisted (enumerated) in the Constitution?
Answer:
Articles 14-32.

Question 10.
Under which article provision has been made against the evil of untouchability?
Answer:
Article 17.

V. Short Answer Type Questions

Question 1.
Explain in brief ‘Right to Equality’.
Answer:
Right to equality is the base of democracy which is given under Articles 14-18 of the Constitution.

• Article 14 says that everyone is equal in front of law.
• Article 15 says that there shall be no discrimination with any one on the basis of religion, caste, colour, race, gender etc.
• Article 16 says that equal opportunities will be provided in matters of public employment.
• Article 17 has abolished untouchability in the country.
• Article 18 says that no titles will be provided except military or educational titles.

Question 2.
Write a note on ‘Power of Judicial Review’.
Answer:
Judicial review is the power given to judiciary according to which it can review any law made by the Parliament and state legislative assemblies. If that law is against the basic structure of the Constitution, it can declare that law unconstitutional and illegal (null and void). It can even declare any clause of that law illegal. Courts can declare only that law unconstitutional which comes in front of it in the form of a case.

Question 3.
What provisions have been made in Indian Constitution for freedom of judiciary?
Answer:

• The judges of Supreme Court and High Courts are appointed by the President. Hence there is no scope of Executive’s interference.
• Judges can only be removed by the Parliament through the process of impeachment which in itself is quite a difficult process.
• Except Financial Emergency, the salary of the judges can never be reduced or stopped.
• After retirement, judges are given handsome pension.

Question 4.
Explain in brief ‘Right to Freedom of Religion’.
Answer:
Right to Freedom of Religion (Articles 25-28). Articles 25-28 deal with the right to freedom of religion, Right to freedom of religion has been guaranteed to all persons residing in India. Art. 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate any religion.

Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out -of State funds.

Question 5.
Which liberties have been given to the Indian citizens under Article 19?
Answer:
Right to Freedom (Articles 19 to 22). Articles 19-22 of the Constitution guarantee to the citizens Rights of Freedom. Article 19 guarantees six freedoms viz.

1. Right to Freedom of Speech and Expression;
2. Right to assemble peacefully and without arms;
3. Right to form Associations;
4. Right to move freely throughout the territory of India;
5. Right to reside and settle in any part of the territory of India;
6. Right to practise any profession. Articles 20 to 22 guarantee personal liberty.

Question 6.
Write a note on Right against Exploitation.
Answer:
The Constitution of India recognises the dignity of the individual and protects him against any form of exploitation either by the State or by the privileged class in the Society. Traffic in human beings (Article 23) i.e. selling and buying of human beings and begar (forced labour) are prohibited. The Constitution prohibits the employment of children below the age of 14 years in any factory or mine (Article 24). Children are the future of the country; hence they must be protected against any form of exploitation.

Question 7.
‘How our fundamental rights are fundamental in nature? Explain.
Answer:
There is great importance of the Fundamental Rights given in the Indian Constitution. The Fundamental Rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make the life worth-living. The Fundamental Rights safeguard the individual by putting restriction on the arbitrariness of the Government.

VI. Long Answer Type Questions

Question 1.
Explain in brief the nature of fundamental rights.
Answer:
Part III of Indian Constitution contains the Fundamental Rights for the Indian citizens.

Following are the main features of Fundamental Rights given in the Indian Constitution.
1. All Citizens are equally entitled to the Fundamental Rigths. The
Constitution declares that rights contained in Part III are to be enjoyed by all the citizens of India. There can be no discrimination.

2. Fundamental Rights are not Absolute. Fundamental rights are not absolute. The Constitution imposes certain restrictions on these rights.

3. Fundamental Rights can be suspended. Fundamental Rights can be restricted or suspended as the circumstances demand.

4. Fundamental Rights are Justiciable. These are justiciable. Art. 32 of the Constitution provides that if state or any other authority encroaches upon the rights of a person, the later can move to the Supreme Court and the High Courts for the enforcement of his rights.

5. No Natural Right is enumerated in the Constitution. The Indian Bill of Rights is not based on the theory of natural rights. Our Fundamental Rights have been specified in the Constitution. A Right which is not incorporated in Part III is not fundamental right.

6. These can be Amended. Fundamental Rights can be amended by the procedure given in Article 368. According to this Article, only Parliament is competent to amend the provisions of the Fundamental Rights with two-third majority of the total membership of the Parliament.

Question 2.
Explain in brief the provisions made under Articles 20-22.
Answer:
The Right to Freedom is regarded as the most fundamental right. Articles 19 to 22 deal with this right. Article 19 provides six freedoms: freedom of speech and expression; freedom of assembly; freedom of association; freedom of movement; freedom of residence and settlement; freedom of profession, occupation, trade or business. These freedoms are not absolute. The guarantee of each of these freedoms is limited by the Constitution.

Personal Liberty. Articles 20-22 aim at protecting the individual’s life and personal liberty.
(a) No person shall be convicted of any offence except for violation of a law.
(b) No person shall be subjected to a penalty greater than that which might have been inflicted under the law.
(c) No person shall be deprived of his life or personal liberty except according to procedure established by law.
(d) The State shall not deny to any person equality before law.
(e) No person can be arrested in an arbitrary manner, nor can he be detained for an indefinite period.
(f) The Constitution also provides some safeguards to persons arrested under the preventive detention law.

Question 3.
Explain in brief the provisions made under Articles 25-28 with reference to the right to freedom of religion.
Answer:

1. Under Articles 25-28 of the Indian Constitution, citizens are given freedom of religion. Article 25 gives citizens the freedom of conscience and free profession, practice and propagation of religion.
2. Article 26 gives every one the freedom to manage religious affairs.
3. Article 26 gives the citizens freedom as to payment of taxes for promotion of any particular religion.
4. Article 28 gives the freedom as to attendance at religious instruction or religious worship in certain educational institutions. It also says that [28(1)] no religious instruction shall be provided in any educational institution wholly maintained out of state funds.

Question 4.
What do you know about right to constitutional remedies? Explain in brief.
Answer:
Right to Constitutional Remedies is the most significant right mentioned in the Constitution. This right is often described as the most fundamental of all the Fundamental Rights. Because all other rights given under part-III of the Constitution would become meaningless without this right. Our other rights are not only implemented by this right but safeguarded also. That is why many constitutional experts describe this right as the heart and soul of Fundamental Rights.

VII. Match the following:

Question 1.

Activity	Mach Options
(a) Article 15	(i) Freedom to profess any Religion, Freedom to Belief
(b) Article 23	(ii) Right to Constitutional Remedies
(c) Article 32	(iii) Right to Free and Compulsory Education
(d) Article 22	(iv) prohibition of Discrimination
(e) Article 21A	(v) Prevention of Forced Labour and Traffic in Human beings
(f) Article 25	(vi) Rights to Prisoners of Conscience.

Answer:

Activity	Mach Options
(a) Article 15	(iv) prohibition of Discrimination
(b) Article 23	(v) Prevention of Forced Labour and Traffic in Human beings
(c) Article 32	(ii) Right to Constitutional Remedies
(d) Article 22	(vi) Rights to Prisoners of Conscience.
(e) Article 21A	(iii) Right to Free and Compulsory Education
(f) Article 25	(i) Freedom to profess any Religion, Freedom to Belief

PSEB 9th Class Social Science Guide Fundamental Rights of Citizen Important Questions and Answers

Multiple Choice Questions :

Question 1.
What is required for humans?
(a) Violence
(b) Ignorance
(c) Rights
(d) Unemployment.
Answer:
(c) Rights.

Question 2.
Fundamental Rights are given in part _________ of the Constitution.
(a) First
(b) Second
(c) Third
(d) Fourth.
Answer:
(c) Third.

Question 3.
How many fundamental rights are given in the Constitution?
(a) 5
(b) 6
(c) 7
(d) 8.
Answer:
(b) 6.

Question 4.
Right to Freedom is given under Articles _________
(a) 14-18
(b) 19-22
(c) 23-24
(d) 25-28.
Answer:
(b) 19-22.

Question 5.
Right to Equality is given under Articles _________
(a) 14-18
(b) 19-22
(c) 23-24
(d) 25-28.
Answer:
(a) 14-18.

Question 6.
Articles _________ give us right against exploitation.
(a) 14-18
(b) 19-22
(c) 23-24
(d) 25-28.
Answer:
(c) 23-24.

Question 7.
Right to freedom of religion is given under Articles _________
(a) 23-24
(b) 25-28
(c) 14-18
(d) 19-22.
Answer:
(b) 25-28.

Question 8.
Right to constitutional remedies is given under Article _________
(a) 32
(b) 31
(c) 30
(d) 29.
Answer:
(a) 32.

Question 9.
Article _________ of the Constitution has abolished untouchability.
(a) 15
(b) 16
(c) 17
(d) 18.
Answer:
(c) 17.

Question 10.
Which type of State is India?
(a) Secular State
(b) Hindu State
(c) Muslim State
(d) Sikh State.
Answer:
(a) Secular.

Fill in the Blanks :

Question 1.
In _________ A.D., Bal Gangadhar Tilak asked the British to pass Swaraj Bill.
Answer:
1895

Question 2.
In 1946 A.D _________ supported to give fundamental rights to Indian citizens.
Answer:
cabinet mission

Question 3.
Right to property was made a legal right with _________ constitutional amendment.
Answer:
44th

Question 4.
Right to education is kept under article _________
Answer:
21-A

Question 5.
_________ is abolished with Artick 17.
Answer:
untouchability

Question 6.
Article _________ gives us equality before law.
Answer:
15

Question 7. Right to constitutional remedies is given under article
Answer:
32.

True/False:

Question 1.
Rights create obstacles in life.
Answer:
False

Question 2.
Fundamental Rights are given under Articles 14-32.
Answer:
True

Question 3.
Article 15 prohibits any type of discrimination.
Answer:
True

Question 4.
Under Article 19, the freedoms are given to the citizens.
Answer:
False

Question 5.
We don’t have freedom to choose occupation.
Answer:
False

Question 6.
Article 24 is for the protection of children.
Answer:
True

Very Short Answer Type Questions

Question 1.
What are rights?
Answer:
Humans need certain facilities for their development and such facilities are called rights.

Question 2.
Give one definition of rights.
Answer:
According to Bosanquet, “A right is a claim recognized by the society and enforced by state.”

Question 3.
Give an important fact of rights.
Answer:
Rights are given by society and enforced by state.

Question 4.
Give one feature of rights.
Answer:
Rights are the claims of independence to do any work which one gets from society.

Question 5.
What are legal rights?
Answer:
Legal rights are the rights which are sanctioned by the state and that person is punished who tries to disobey them.

Question 6.
Give two important political rights of citizens.
Answer:

1. Right to vote
2. Right to contest elections.

Question 7.
Give meaning of fundamental rights.
Answer:
The legal rights explained in the Constitution are called fundamental rights.

Question 8.
Why are rights necessary for an individual?
Answer:
Because they greatly help in all-round development of an individual.

Question 9.
In which part and articles of the Constitution .fundamental rights are mentioned?
Answer:
In 3rd part and under 12-35 Articles.

Question 10.
How many fundamental rights are given to the Indian citizens?
Answer:
Six fundamental rights (after 44th amendment).

Question 11.
With which fundamental right articles 14-18 are related?
Answer:
Articles 14-18 are related to the right to equality.

Question 12.
Under which articles, right to freedom is given?
Answer:
Right to freedom is given under articles 19-22.

Question 13.
Under which articles, right to freedom of religion is given?
Answer:
Articles 25-28.

Question 14.
Under which articles, the right against exploitation is given?
Answer:
Articles 23-24.

Question 15.
What do you mean by right to constitutional remedies?
Answer:
According to Article 32, if any one’s rights are violated then under this right, one can approach court to get his rights.

Question 16.
Give one feature of fundamental rights.
Answer:
Fundamental rights are justiciable and one can approach court if they are violated.

Question 17.
What do you mean by equality before law?
Answer:
It means that every one is equal in front of law and mo one can be discriminated on any basis.

Question 18.
Which titles can be given to the Indian citizens?
Answer:
Educational and Military titles.

Question 19.
Name any two freedoms given under Article 19.
Answer:

1. Freedom of speech and expression.
2. Freedom to form association.

Question 20.
Give one feature of right against exploitation.
Answer:
No one can force any one to do begar and no one can sell ahd purchase humans.

Question 21.
What is meant by right to freedom of religion?
Answer:
People are free to adopt, profess and propagate any religion arid they are free to establish religious institutions.

Question 22.
Name any two fundamental rights which make India a sec ular state.
Answer:

1. Under right to equality, all the citizens are given equal rights.
2. All the Indians are free to adopt any religion.

Question 23.
What is meant by cultural and educational right?
Answer:
Minorities are free to protect their language, script and culture and are free to establish educational institutions.

Question 24.
Name any two writs which can be filed in the Supreme Court to implement fundamental rights.
Answer:

1. Habeas Corpus
2. Mandamus.

Question 25.
With which constitutional amendment, the right to property was made the legal right?
Answer:
44th constitutional amendment.

Question 26.
Is there any limitation on fundamental rights?
Answer:
Yes, the Constitution has kept certain restrictions on fundamental rights. Parliament can limit them with the constitutional amendment.

Question 27.
What is meant by Habeas Corpus?
Answer:
Habeas Corpus is a Latin word that means “Let us have the body”.

Question 28.
What do you mean by Mandamus?
Answer:
Mandamus is a Latin word which means ‘We command’.

Question 29.
With which Article the Parliament is stopped to restrict fundamental rights?
Answer:
With Article 13, the Parliament is stopped from restricting fundamental rights.

Question 30.
Which fundamental right cannot be suspended even during emergency?
Answer:
The right of individual freedom cannot be suspended even during emergency.

Question 31.
With which constitutional amendment the right to education was included in fundamental rights?
Answer:
With 86th constitutional amendment.

Question 32.
Who appoints the chief justice of India and other judges of Supreme Court?
Answer:
They all are appointed by the President.

Short Answer Type Questions

Question 1.
Explain the meaning of Rights.
Answer:
Rights are those conditions of social life without which human personality cannot develop. The rights are recognised by the state. According to Bosanquet, “A right is a claim recognised by society and enforced by the state.”

Question 2.
Give two features of rights.
Answer:

1. Rights are possible only in society: There is no existence of rights out of society and they are not required as well.
2. Rights are limited: Rights cannot be unlimited and they are restricted powers which are necessary for individual development.

Question 3.
Give two definitions of rights.
Answer:

1. According to T.H. Green, “Rights are those powers which are necessary for the fulfilment of man’s vocation as a moral being.”
2. According to Wilde, “A right is a reasonable claim to the freedom in the exercise of certain activities.”

Question 4.
Give types of rights.
Answer:
Rights are of three types: Natural, Moral, and Legal.

1. Natural Rights: These are the rights which one gets from nature itself.
2. Moral Rights: Moral rights are based on one’s moral values. Such rights don’t have any legal sanction.
3. Legal Rights: Legal rights are sanctioned by the state. Law of the state implements such laws.

Legal rights are of four types:

1. fundamental rights,
2. social rights,
3. political rights and
4. economic rights.

Question 5.
Give two features of the fundamental rights given in the Indian Constitution.
Answer:

1. Detailed rights. Fundamental rights given in. the Constitution are quite wide in scope. Citizens are given 6 fundamental rights and each right is explained in detail.
2. Right are for all the citizens. Fundamental rights given in the Constitution are for all citizens and no discrimination takes place while providing these rights.

Question 6.
What is meant by fundamental rights?
Answer:
Such legal rights which are given in the Constitution are known as fundamental rights. These are such rights which one gets right away after his birth and which are considered necessary for individual development. Citizens of India, U.S.A., Japan, France and other democratic countries are given fundamental rights.

Question 7.
Explain any two fundamental rights given to the Indian citizens.
Answer:

1. Equality before Law. Equality before law means that all are equal before law and that the law does not discriminate against any one on the grounds of birth, wealth, caste, creed, religion, etc. Equality before law ensures the rule of law in the country.
2. Right to Freedom of Religion. Right to Freedom of Religion means that all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate any religion.

Question 8.
Write down the names of Fundamental Rights given in our Constitution.
Answer:
Part III of our Constitution mentions the following Fundamental Rights :

1. Right to Equality
2. Right to Freedom.
3. Right against Exploitation.
4. Right to Freedom of Religion.
5. Cultural and Educational Rights.
6. Right to Constitutional Remedies.

Question 9.
Why was the Right to Property deleted from the list of Fundamental Rights?
Answer:
Right to Property was deleted from the list of Fundamental Rights because the right to property created obstacle in the goal of the achievement of socialist pattern of society. The word ‘Compensation’ was a great stumbling block. The Supreme Court struck down the Anti-Zamindari Laws. Hence by 44th Amendment, Right to Property was deleted.

Question 10.
Mention any two conditions under which ‘Fundamental Rights’ can be restricted.
Answer:

1. During the proclamation of emergency caused by external aggression or armed rebellion, the President can by order suspend Fundamental Rights and their enforcement in the courts of law.
2. During emergency caused by internal disturbance, Fundamental Rights under Article 19 are automatically suspended in the disturbed area.

Question 11.
Give any two demerits of the fundamental rights given in the Constitution.
Answer:

1. Too much restriction. So many restrictions have been kept on the fundamental rights that their importance is reduced. There are so many restrictions on these rights that it is quite difficult for the citizens to understand the facilities given to them.
2. Lack of economic rights. Fundamental rights are also criticised on the base that no economic right is given in them. But in socialist countries, they are given to the citizens.

Question 12.
Why are rights necessary to the individuals?
Answer:
Rights are necessary to the individuals because man can develop all his mental, physical and spiritual qualities only if he is given certain rights and privileges by the State. Each State gives certain rights to the citizens which are essential for the development of the personality of the individuals. In brief, we can say that rights are essential for all round development of the individuals.

Question 13.
Differentiate between fundamental rights and directive principles of state policy.
Answer:

• Fundamental rights are justiciable but directive principles are not. Fundamental rights can be implemented by the courts but not the directive principles.
• The objective of fundamental rights is political democracy but the objective of directive principles is economic democracy.
• Fundamental rights are the rights of people but directive principles are duties of the state.
• Fundamental rights can be restricted but directive principles cannot be restricted.

Question 14.
What provisions are kept under Articles 23 and 24?
Answer:
The Constitution of India recognises the dignity of the individual and protects him against any form of exploitation either by the State or by the privileged class in the Society. Traffic in human beings (i.e.) selling and buying of human beings and begar (forced labour) are prohibited. The Constitution prohibits the employment of children below the age of 14 years in any factory or mine. Children are the future of the country ; hence they must be protected against any form of exploitation.

Question 15.
According to the right to constitutional remedies, which orders judiciary can issue?
Answer:
The Supreme Court and High Courts can issue five types of writs under Article 32 of the Constitution.

These writs are:

• Writ of Habeas Corpus,
• Writ of Mandamus,
• Writ of Quo-Warranto,
• Writ of Prohibition,
• Writ of Certiorari.

Question 16.
Which provisions are kept under Articles 29 and 30 of the Indian Constitution?
Answer:
1. Article-29 provides that any section of the citizens residing in the territory of India or any part’thereof having distinct language, script or culture of its own shall have right to conserve the same.

2. Article-30 provides that all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice. The State shall not in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority.

Question 17.
What is meant by Mandamus?
Answer:
‘Mandamus’ is a Latin word which means ‘We command’. Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty. This writ does not apply to the President and the Governors.

Question 18.
Why are Fundamental Rights enumerated in the Indian Constitution?
Answer:
Fundamental Rights are included in the Constitution to uphold the dignity of the individual. The object of enshrining Fundamental Rights in the Constitution is to sustain the proposition that the system of government recognised by the Constitution embodies the concept of limited government (i.e.) a government of laws and not of men. Another very important reason for the inclusion of Fundamental Rights in the Constitution of India is to create a climate of trust and confidence in the minds of minorities living in the country.

Question 19.
Explain the idea of equality before law.
Answer:
The meaning of equality before law is that every one is equal in front of law and no one is given special rights. No one is above the law of land. Everyone, irrespective of his/her position, is under law and he can be tried in the court of law.

Law will not discriminate with any one on any basis. Another meaning of equality before law is under normal circumstances, everyone will be treated equally.

Question 20.
Explain the right to freedom of speech and expression.
Answer:
Everyone is given the freedom of speech and expression. Anyone can express his views by giving speech or in writing. Freedom of press, giving speech are the methods of freedom of expression. But if any one will try to raise question mark on the sovereignty or integrity of the country, provoking violence or give speech to provoke the people to work against the state, it is strictly prohibited.

Question 21.
Explain the meaning of Writ of Quo-warranto.
Answer:
The writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example, a person of 60 years is appointed to fill a public office whereas the retirement age is 55. Now the appropriate High Court has a right to issue a writ of quo-warranto against that person and declare the office vacant.

Question 22.
Explain the Right to Education.
Answer:
In December, 2002, 86th constitutional amendment was passed and Article 21A was added in the Constitution. Under this Article, right to education was kept. Under this system, arrangements were made that all the children within the age group of 6 to 14 years must have the fundamental right of education. Along with this, arrangements were also made that it is the responsibility a of the parents to provide such opportunities to their children, with which they can get education. Government will also’make arrangements for providing education to the children above 6 years.

Question 23.
What is meant by independence of judiciary?
Answer:
The meaning of independence of judiciary is that the judges must be free, impartial and without any fear or pressure. Judges can only do impartial justice when they are not under any type of pressure. Judiciary must not be kept under legislature and executive and they must not have any right to interfere in the normal functioning of judiciary.

Question 24.
Write a short note on Supreme Court as the protector of Fundamental Rights.
Answer:
The Constitution makes the Supreme Court the ultimate guardian of Fundamental Rights and liberties of the people. Rights of the people have no meaning if they are not backed and upheld by judiciary. It is both the jurisdiction as well as the responsibility of Supreme Court to issue orders, directions and writs of Habeas Corpus, Mandamus. Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of Fundamental Rights. However, this jurisdiction of the Supreme Court is not exclusive. State High Courts have also been given similar powers.

Question 25.
What steps have been taken to make independent Judiciary in India?
Answer:

• In India method of the appointment of the judges is deviced in such a way that only able persons could become the judges.
• The judges of Supreme Court and High Courts are given a very good salary.
• The judges are kept in service for a pretty long period.
• Legal qualifications have been prescribed to become the judges of the Supreme Court and the High Court.
• Judiciary has been given vast powers in India.

Long Answer Type Questions

Question 1.
What do you mean by Rights? Explain its features.
Answer:
Humans need certain facilities for their development. They get these facilities only in society and such facilities are called rights. In simple words, rights are those facilities and opportunities which are very much necessary for the development of one’s personality. These rights are sanctioned by society. In other words, rights are those facilities with which we get authority to do or not to do any work.

Different authors have defined rights and their definitions are :

• According to Green, “Rights are those powers which are necessary for the fulfilment of man’s vocation as a moral being.”
• According to Bosanquet, “A right is a claim recognised by the society and enforced by state.”
• According to Prof. Laski, “Rights are those conditions of social life without which no man can seek to be himself at his best.”

Features:

• Rights are possible only in society.
• Rights are sanctioned by society.
• Rights are claims of human beings.
• Rights are logical and moral.
• Rights are not unlimited.
• Rights are used in public welfare.
• Duties are also attached with rights.

Question 2.
Write an essay on ‘Fundamental Rights’ as incorporated in our Constitution.
Answer:
The Fundamental Rights enumerated in the Indian Constitution are the most elaborate in the world. The Constitution of India provides for Fundamental Rights by developing a complete and separate Part (Part III) and classifies them under six categories. Six Fundamental Rights are as follows :
1. Right to Equality (Articles 14 to 18.)
The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. The positive concept of equality is that special privileges of all kinds should be abolished. Untouchability is abolished.

2. Right to Freedom (Articles 19 to 22).
Articles 19-22 of the Constitution guarantee to the citizens Rights of Freedom. Article 19 guarantees six freedoms viz.

1. Right to Freedom of Speech and Expression;
2. Right to assemble peacefully and without arms;
3. Right to form Associations;
4. Right to move freely throughout the territory of India;
5. Right to reside and settle in any part of the territory of India;
6. Right to practise any profession. Articles 20 to 22 guarantee personal liberty.

3. Right against Exploitation (Articles 23-24).
The Constitution of India recognises the dignity of the individual and protects him against any form of exploitation either by the State or by the privileged classes in the society. Art. 23 provides that traffic in human beings and begar (forced labour) and similar other forms of forced labour are prohibited.

Art. 24. prohibits the employment of children below the age of 14 in any factory, mine or any other hazardous (dangerous) employment.

4. Right to Freedom of Religion (Articles 25-28).
Articles 25-28 deal with the right to freedom of religion, Right to freedom of religion has been guaranteed to all persons residing in India. Art. 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate any religion.

Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds.

5. Cultural and Educational Rights. (Articles 29 and 30.)
Under Articles 29 and 30, the Constitution guarantees certain cultural and educational rights. No citizen shall be denied admission into any educational institution maintained by the State receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

The Constitution protects the interests of the minorities in India. The Constitution provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies. (Article 32.)
Art. 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution.

Question 3.
Discuss the Right to Equality as given in the Constitution.
Answer:
Right to Equality is the cornerstone of democracy: The Right to Equality is covered mainly by Articles 14-18. The

Right to Equality means :
1. Equality Before Law. Article 14 of the Constitution guarantees all persons equality before law and equal protection of law within the territory of India. There can be no discrimination between one citizen and another on the basis of caste, class, creed, sex or any of them. This ensures the Rule of Law in the country.

2. No Discrimination: Art. 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. The same Article provides that all the citizens shall have access to shops, public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, etc.

3. Equality of Opportunity. The Constitution guarantees equality of opportunities for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex descent, place of birth, residence or any of them, be ineligible for or discriminated against, in respect of any employment or office under the State.

4. Abolition of Untouchability. Untouchability has been a bane of the Indian society. Social Justice is impossible to achieve where untouchability is practised in any form. Article 17 abolishes untouchability and its practice in any form is forbidden.

5. Abolition of Titles. Art. 18 provides that no title, not being a military or academic distinction, shall be conferred by the State. The Constitution prohibits citizens of India from accepting any title from any foreign country.

Fundamental Rights of Citizen PSEB 9th Class SST Notes

• While living in society, people enjoy many facilities such as equality, expression of speech, to move anywhere, to adopt any occupation, to follow any religion etc. Such facilities are called rights.
• We can say that the rights are such genuine demands of an individual or group of individuals which are recognized by society and state.
• To give citizens a happy life and to maintain dignity of individuals, our Constitution has given us few rights which are known as fundamental rights. These are given in the 3rd part and under Articles 12-35 of the Constitution.
• Our rights are quite lengthy and extensive, positive and negative, they are limited but justiceable and they cannot be violated.
• Initially the Indian citizens were given seven fundamental rights out of which right to property was deleted in 1978 through 44th constitutional amendment and was made a legal right Consequently this number came down to six.
• In 2002, through 86th constitutional amendment, children were given Right to Education (RTE) and it was kept under Article 21 A.
• We are given six fundamental rights and these are :
  (i) Right to Equality (Articles 14-18)
  (ii) Right to Freedom (Articles 19-22)
  (iii) Right against Exploitation (Articles 23-24)
  (iv) Right to Freedom of Religion (Articles 25-28)
  (v) Cultural and Educational Right (Articles 29-30)
  (vi) Right to Constitutional Remedy (Articles 32)
• In our country, many provisions are kept to maintain security and independence of judiciary. This is done so that judiciary must give its decisions without any fear.
• Our courts (Supreme Court and High Courts) are given the power of judicial review. It means that the judiciary can check any law made by legislature. If it feels that the law made by legislature is against the basic structure of the Constitution, it can declare that law illegal (null and void).
• The power of judicial review is given so that the different organs of government must work according to their jurisdiction and according to the spirit of Constitution.
• Fundamental Rights are fundamental because they are very much necessary for the all-around development of an individual.