Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 19 Fundamental Rights Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 19 Fundamental Rights
Long Answer Type Questions
Question 1.
Discuss the Nature of Fundamental Rights as mentioned in our Constitution.
Answer:
Part III (Arts. 14 to 32) of the Indian Constitution contains the list of fundamental rights. These fundamental rights can broadly be divided into three categories. First, rights granted exclusively to the citizens of India; Second rights granted to all persons residing in India irrespective of the fact whether they are the citizens of India or not; Third, rights granted to a group of citizens.
The Constitution of India does not merely contain the bill of rights, they are not simply paper rights. These rights have been made justifiable . i. e. there is force of law behind them. The courts have been entrusted with responsibility to enforce them when and where they have been violated. They are thus the props of the Indian democracy.
Features or Nature of Fundamental Rights:
The following are the salient features of the Fundamental Rights contained in the Indian Constitution :
1. All Citizens are equally entitled to the Fundamental Rights:
The Constitution unequivocally declares that rights contained in Part III of the Constitution are to be enjoyed by all the citizens of India.These rights are not meant for any particular caste, class, religion or the residents of a province. There can be no discrimination.
2. Fundamental Rights are not absolute:
Another significant feature of these rights is that they are not absolute. The Constitution of India imposes direct restrictions on these rights. It also empowers the Government to impose reasonable restriction’s on the enjoyment of these rights. Thus the Constitution empowers the government to put reasonable restrictions on the fundamental rights in the interest of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, decency or morality. Reasonable restrictions can also be put on the fundamental rights in the interest of the general public or for the protection of the interests of any Scheduled Tribes.
3. Fundamental Rights place certain limitations on the State also:
The theory of fundamental rights implies limited government. Accordingly, fundamental rights impose restrictions on the State as well. For example, the State cannot discriminate against citizens on ground of caste, class, race, sex, religion, place of birth, place of residence, etc. Similarly, citizens cannot be deprived of the right to equality before law. Again, there is the right to equality of opportunity in public employment to all the citizens.
4. Fundamental Rights can be suspended:
Another significant feature about the fundamental rights is that they can be restricted or suspended as the circumstances demand.
5. Fundamental Rights are Justifiably:
The judiciary has been vested with the responsibility to act as the guardian of these rights. The right to move the Supreme Court for the enforcement of Fundamental Rights is itself a guaranteed right as provided for in Art. 32 of the Constitution. Thus, whenever the State (as defined in Part III of the Constitution) or any other authority encroaches upon the rights of a person, the latter can move the Supreme Court and the High Courts for the enforcement of his rights.
The Supreme Court and the High Courts are empowered to issue “Directions or order or writs whichever may be appropriate” for the enforcement of the rights. The Judiciary is thus the protector and the guarantor of Fundamental Rights.
6. No Natural and Unenumerated Rights in the Indian Constitution:
The Indian Bill of Rights is not based on the theory of natural rights. The theory of natural rights insists that there are certain rights of man which he possessed even before the State itself came into existence. The Constitution of India does not recognize such a proposition. Our fundamental rights have been specified in Part III of the Constitution. A right which has not been enumerated in Part III is not a fundamental right.
7. They can be amended:
Fundamental Rights can be amended by the procedure given in Art. 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.
8. Special Constitutional Provision for the Enforcement of Fundamental Rights:
Another important feature of Fundamental Rights in India is that there is a special constitutional provision for their enforcement. The right to move the Supreme Court for the enforcement of Fundamental Rights is provided in Article 32 of the Constitution.
Question 2.
Explain briefly the scheme of Fundamental Rights as contained in the Indian Constitution.
Or
Explain in brief the fundamental rights enshrined in the Indian 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 Arts. 14-18.
2. Right to Liberty, Arts. 19-22.
3. Right against Exploitation, Arts. 23-24.
4. Right to Freedom of Religion, Arts. 25-28.
5. Cultural and Educational Rights, Arts. 29-30.
6. Right to Constitutional Remedies. Arts. 32.
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. Right to equality does not mean absolute equality. Nor does it imply that all should be entitled to identity of treatment and income. The positive concept of equality is that special privileges of all kinds should be abolished. There should be no difference between a man and a man on the ground of birth, wealth, caste, class, creed, religion, language, etc. Right to equality is the cornerstone of domocracy.
2. Right to Freedom (Articles 19 to 22):
Articles 19-22 of the Constitution gurantee to the the citizens Rights to 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, and (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 begaar (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 concience and the right to profess, practise and propagate 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 cultrual 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.
Art. 29 protects the interests of the minorities in India.
Art. 30 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. Under Art. 226, the High Courts have also been empowered to issue order, directions and writs for the enforcement of fundamental rights. The. judiciary can set aside laws and executive orders if they are violative of the fundamental rights.
Question 3.
Discuss the right to equality as given in the Constitution.
Or
Discuss the provisions relating to the Right to Equality as mentioned in the Indian Constitution.
Answer:
The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. Right to equality does not mean absolute equality. Nor does it imply that all should be entitled to indentity of treatment and income. The positive concept of equality is that special privileges of all kinds should be abolished. There should be no difference between a man and a man on the grounds of birth, wealth, caste, class, creed, religion, language, etc. 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 the 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. However, nothing in this Article shall prevent the State from making any special provisions for women and children.
3. Equality of Opportunity:
Art. 16 guarantees equality of opportunties 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. It means appointments shall be made on the basis of merit and not on extraneous considerations. The State has, however, the authority to make reservation of posts in favour of any backward class of citizens which is not adequately represented in the public services.
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. All the citizens of India, irrespective of their caste and creed, have an equal access to public places, like parks, hotels, places of entertainment, roads and the use of wells, tanks, bathing ghats, etc.
5. Abolition of Titles:
Art. 18 provides that no title, not being a military or academic distinction, shall be conferred by the State. Clause (2) of the Article prohibits citizens of India from accepting any title from any Foreign State. Clause (3) of the Article forbids aliens who hold any office of profit or trust under the State, from accepting without the consent of the President any title from any foreign State. They can, however, accept title from any foreign State relinquishing the posts they held under the State.
Question 4.
Discuss right to Freedom as given in the Constitution.
Or
Explain the Right to Freedom..How can it be suspended?
Or
Mention the six freedoms guaranteed under Article 19 of Indian Constitution. Discuss any one of them.
Answer:
Articles 19-22 of the Constitution guarantee to the citizen Right to Freedom. Article 19 is the most important as it guarantees seven freedoms, viz.
- Right to Freedom of Speech and Expression:
- Right to Assemble peacefully and without arms:
- Right to form Associations or Unions:
- Right to move freely throughout the territory of India:
- Right to reside and settle in any part of the territory of India:
- Right to acquire, hold and dispose of property.
- Right to practise any profession or to carry on any occupation trade or business. But 44th amendment omitted sub-clause (f) of clause (1) of Article 19 which guarantees to citizens the right to acquire, hold and dispose of property. Hence there are six freedoms guaranteed by Article 19.
Let it be repeated that none of these rights is absolute. Art. 19 can be divided into two parts. Clause (1) deals with the six freedoms guaranteed to the citizens and Clauses (2) to (61 refer to restrictions which can be put by the State. The makers of the Constitution did not like the idea of giving powers to the Supreme Court to determine the scope of these freedoms. Hence, the Constitution places direct restrictions on the enjoyment of these freedoms.
The Constitution also empowers the State to put restrictions on these freedoms. The restrictions should be reasonable and should be in public interest. The Constitution guarantees the freedom of speech and expression. But the State can put restrictions on the use of this right in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or incitement to offense.
The citizens have the Constitutional right to organise meetings, but such meetings have not only’ to be peaceable and without arms but the State has been given the power of operating any law or making a new law imposing it in the interests of the sovereignty and integrity of India or public order. In other words, if the state has a reasonable fear that a particular assembly might lead to a breach of peace or be prejudicial to the sovereignty or integrity of India, it can prohibit it. The citizens have the right to form associations or Unions but the state has the right to impose reasonable restrictions on them in the interest of the soverigntv or integrity of India or public order.
Similarly, right to move freely throughout the territory of India can be restricted in public interest. The Constitution guarantees the right to practise any profession or to carry on any occupation, trade or business. But the State can prescribe professional or technical qualifications. It is lawful to carry on, by a corporation owned or controlled by the State, any trade, business industry or service to the exclusion, complete or partial, of citizens or otherwise. It is under this provision that the net of public sector is ever spreading.
Personal Liberty. Articles 20-22 aim at protecting the individual’s life and personal liberty. Art. 20 lays down:
(i) No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as offense;
(ii) No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense;
(iii) No person shall be prosecuted and punished for the same offense more than once;
(iv) No person accused of any offense shall be compelled to be a witness against himself;
(v) Art. 21. provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. It means a person cannot be deprived of his life or personal liberty in an arbitrary manner. The procedure is to be established by law;
(vi) The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India; and
(vii) No person can be arrested in any arbitrary manner, nor can he be detained for an indefinite period. Art. 22 provides that whenever a person has been detained, he must be informed, as soon as may be, of the grounds for such arrest, Secondly, the detained person shall have the right to consult and be defended by a lawyer of his own choice. Thirdly, he must be produced before the nearest magistrate within a period of 24 hours of such arrest.
Right to Education:
In Dec, 2002 the 86th Amendment was passed. According to this Amendment free and compulsory education became the Fundamental Right. According to this Amendment, the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.
Preventive Detention:
Right to life or personal liberty is very important, no doubt. But Art. 22 provides for Preventive Detention also. Art. 22 (2) provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest. However, according to Art. 23 (3) this provision shall not be applicable on (a) enemy aliens and (b) persons held in custody under a law providing for preventive detention.
Both the Centre as well as the States can make such laws. The Union Parliament has the exclusive authority to enact laws providing for preventive detention for reasons connected with defence, foreign affairs or the security of the Union. A State Legislature can also pass laws providing for preventive detention for reasons connected with the security of the state; the maintenance of public order or the supplies and services essential to the community.
Least the Government should abuse its power, the Constitution provides some safeguards to persons arrested under the Preventive Detention law. The safeguards are:
1. Normally no person can be held under preventive detention for more than three months;
2. A person detained under preventive detention shall, as soon as possible, be informed of the grounds of the detention. However, the detaining authority can decline to disclose the facts in public interests;
3. The detained person shall have the right to defend himself by a counsel of his own choice;
4. The detained person can be held for more than three months only if an Advisory Board, consisting of persons who have been or are qualified to be appointed as judges of a High Court, after reviewing the case, is satisfied that there is sufficient reason for his detention beyond three months.
5. If the Advisory Board does not find any valid reason for the arrest the Government is bound to release the detenu. In England, it is not so. The Home Secretary is not bound by the recommendation of the Advisory Board.
In 1950 the Parliament passed the Preventive Detention Act. Originally this Act was passed for one year but was extended year after year till 1969. In 1971 the Maintenance of Internal Security Act (MISA) was enacted more or less on the same lines. In December, 1980, the Parliament passed the National Security Act providing for preventive detentions.
Question 5.
Discuss Right to Freedom of Religion.
Or
Describe the provisions made in the Indian Constitution to ensure the freedom of religion and establishment of Secular State in India.
Answer:
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 religion. In the words of Pylee, “The word propagate does not find a place in any other Constitution where it deals with religious freedom.”
One thing, however, must be noted. The Indian Constitution uses the word ‘propagate’ and not ‘convert’. Art. 25 permits the State to regulate economic, financial or other secular activities which may be associated with religious practice. The State may also provide for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. The Sikhs have been allowed to wear turban and carry kirpans.
Article 26 provides that subject to public order, morality and health, every religious demonination shall have the right
(i) to establish and maintain institutions for religious and charitable purposes;
(ii) to manage its own affairs in matters of religion;
(iii) to own and acquire movable and immovable properpty; and
(iv) to administer such property in accordance with law. Art. 27 provides that no person shall be compelled to pay taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds. But this prohibition shall not apply to any educational institution which is established under any endowment or trust which requires that religious instruction should be imparted in such institution, even if that educational institution happens to be administered by the States.
The provision relating to the religious freedom clearly shows that ours is a Secular i State. The State has no religion of its own. The State is neither religious, nor irreligious, nor anti- religious. The State observes complete neutrality in religious matters. It is ‘ clearly laid down that the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground of religion, Similarly for getting employment under the State, the State is not to bother about the religion of the candidate.
Question 6.
How are the Fundamental Rights protected by the Right to Constitutional Remedies?
Or
Describe the Right to Constitutional Remedies. Examine its importance.
Or
Discuss the Fundamental Right to Constitutional Remedies.
Answer:
The Constitution of India does not merely declare a list of rights. A mere declaration of fundamental rights is meaningless unless there is an effective machinery for their enforcement. Art. 32, “the very soul of the Constitution and the very heart of it” guarantees the right to move the Supreme Court by appropriate proceedings for the v enforcement of the rights conferred by Part III of the Constitution.
The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of Fundamental Rights. In the exercise of this jurisdiction, the Supreme Court is empowered to issue orders, directions and writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate. This power of the Supreme Court is not exclusive but is concurrent with that of the High Courts. Under Art. 226, the High Courts have also been empowered to issue orders, directions and writs for the enforcement of fundamental rights.
The judiciary can set aside laws and executive orders if they are violative of the fundamental rights. It is the duty of the judiciary to enforce the rights of the individual. Articles 13, 22 and 225 are the props of the Indian democracy. It is with the help of these Articles that rights of the individual are guaranteed. It should be noted that the Supreme Court will not entertain any application under Art. 32 unless the matter falls within the scope of any of the fundemantal rights guaranteed in Part III of the Constitution.
For the enforcement of fundamental rights, the Supreme Court can issue the following directions or orders or writs.
1. The Writ of Habeas Corpus:
Writ of Habeas Corpus is the most valuable writ for personal liberty. ‘Habeas Corpus’ means ‘Let us have the body’. A person when arrested moves the Court for the issue or writ of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been lawfully detained or not. If the Court is convinced that the person is illegally detained, it can issue orders for his release.
2. The Writ of Mandamus:
‘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. It is issued to secure the performance of public duties and to enforce private rights withheld by public authorities. In short, it is a writ issued to a public official to do a thing which is a part of his official duty but which he has so far failed to do. This writ cannot be claimed as a matter of right. It is the discretionary power of the court to issue such writs.
3. The Writ of Quo-Warranto:
The word ‘Quo-Warranto’ literally means ‘by what warrants’. 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 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.
4. The Writ of Prohibition:
Writ of Prohibition means to forbid or to stop and it is popularly known as ‘Stay Orders’. This writ is issued when a lower court or body tries to transgrees the limits of powers vested in it. It is a writ issued by a superior Court to a lower Court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ proceedings in the lower Court come to stay.
5. The Writ of Certiorari:
Literally, Certiorari means to be Certified. The writ of certiorari is issued by the Superior Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.
Question 7.
Explain why are the fundamental rights essential for the growth and development of the citizens.
Answer:
There is a great importance of the fundamental rights given in the Indian Constitution. The importance of Fundamental Rights may be summed up as under.
1. Greats conditions for better life:
The Fundamental Rights provide conditions for a better life of the individual. It is wrong to think that the restrictions put on fundamental rights have made them meaningless or valueless. These restrictions ensure a climate wherein all can develop their personality according to their genius. 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 life worth living.
2. Check on the arbitrariness of the Govt:
The fundamental rights safeguard the individuals against any excesses of the state authority. They ensure the liberty of individual by putting restrictions on the arbitrariness of the Government. The jurisdiction of executive and legislature has been clearly laid down in the Constitution. The judiciary has been vested with the responsibility to act the protector and the guardian of the rights of the people. While deciding the famous Golak Nath Case, the Supreme Court observed that these rights are immutable and transcendental in character. They cannot be abridged or abrogated. Dr. Ambedkar said that the fundamental rights are the “heart and soul of Constitution”.
3. Protect the Interests of the Minorities:
The Fundamental Rights protect the interests of the minorities. The Fundamental Rights protect the language, script, culture and educational institutions of the minorities. Minorities have the right to establish and administer educational institutions of their choice.
4. Source and Inspiration of Reform:
According to K.M. Pannikar, the Fundamental Rights in India have been the source and inspiration of the Reform Legislation as under the aegis ‘The Indian Parliament has been active in the matter of social legislation whether it be called by the Hindu code or by another name.” The other Constitutions also contain impressive bill of rights but in no other Constitutions “the expression positive or negative rights has provided so much impetus towards charging and rebuilding society for the common good.”
5. Create conditions for the development of the personality of the individual:
The fundamental rights motivate the individuals to develop their potential to the fullest extent. The fundamental rights ensure the welfare and enrichment of the individual personality.
6. Establishment of secular State:
The Constitution of India has made India a Secular State. Right to Freedom of religion ensures the positive aspect of secularism and it gives to the people the right to freely adopt and propagate any religion.
Short Answer Type Questions
Question 1.
What is meant by the term ‘Fundamental Rights’?
Answer:
Legal rights mentioned in the Constitution are called Fundamental Rights. Such rights are beyond the Parliament’s power of amendment. In India, Japan, U.S.A., France, etc. citizens enjoy Funadmental Rights. Part III of the Indian Constitution embodies Fundamental Rights. Fundamental Rights are justiciable.
Question 2.
Mention any four salient features of the Fundamental Rights contained in the Indian Constitution.
Answer:
- All citizens are equally entitled to the Fundamental Rights. These rights are not meant for any particular caste, class, religion or the residents of a province.
- Fundamental Rights are not absolute. The Constitution of India imposes direct restrictions on these rights.
- Fundamental Rights place certain limitations on the state also.
- Fundamental Rights can be restricted or suspended as the circumstances demand.
Question 3.
Describe the four Fundamental Rights of Indian citizens.
Answer:
Fundamental rights of citizens are described in the third part of the Indian Constitution. The citizens enjoyed seven Fundamental Rights before 44th Amendment, but now six rights exist.
1. Right to Equality:
The Indian citizens enjoy the right to equality. No citizen can be discriminated against the other in the name of religion, caste, colour, creed and sex. All the citizens are euqal before law.
2. Rights to Freedom:
The citizens are given the right to freedom of speech, freedom of expression, freedom to assemble peacefully to consider some problem freedom to adopt any profession and right to personal liberty.
3. Right to Freedom of Religion:
The citizens enjoy the right to freedom of religion. Each individual is free to believe in any religion and worship any God.
4. Right to Freedom of Culture and Education:
The Constitution provides the right to freedom of cultural and education. Every race and community enjoy the right to have their own language, script, culture and literature. People are free to develop and expand them.
Question 4.
Briefly explain ‘Right to Equality’ as given in the Constitution.
Answer:
The right to equality is covered mainly by Articles 14-18.
- Article-14 of the Constitution guarantees all persons equality before the law and equal protection of law within the territory of India.
- 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.
- Art.-16 guarantees equality of opportunities for all citizens in matters relating to employment or appointment to any office under the state.
- Art.-17 abolishes untouchability and its practice in any form is forbidden.
- Art.-18 provides that no title, not being a military or academic distinction shall be conferred by the state.
Question 5.
What do you mean by ‘Equality of Opportunity’?
Answer:
Art. 16 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.
It means appointments shall be made on the basis of merit and not on extraneous considerations. The State, has however, the authority to make reservation of posts in favour of any backward class of citizens which is not adequately represented in the public services.
Question 6.
Mention the rights regarding freedom granted in Article-19 of our Constitution. Which of the rights has been taken away from this Article.
Answer:
Article 19-22 to the Constitution guarantee to the citizens right to freedom. Article-19 guarantees six freedoms viz.
- The freedom to speech and expression.
- The freedom to assemble peacefully and without arms.
- The freedom to form associations.
- The. freedom to move anywhere in the country.
- The freedom to reside and settle down.
- The freedom to adopt any profession or occupation.
None of these rights is absolute. It may be pointed out that the original constitution provided for right to aquire, hold and dispose of property, but this right was deleted by 44 Amendment. Thus from June, 1979 the right to property ceased to exit to be a fundamental right.
Question 7.
Explain the right to personal liberty.
Answer:
Article-20 to 22 aims at protecting the individual’s life and personal liberty. Article-20 lays down:
- No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as offence.
No person shall be subjected to a penalty greater than that which might have been inflicted under the law in
- force at the time of the commission of the offence.
- No person shall be prosecuted and punished for the same offence more than once;
- No person accused of any offence shall be compelled to be a witness against himself;
- Article-21 provides that no person shall be deprived of his personal liberty except procedure established by law.
- No person can be arrested in an arbitrary manner. Nor can he be detained for an indefinite period.
Question 8.
What do you understand by Right against Exploitation?
Answer:
The Constitution of India recognises the dignity of the individual and protect him against any form of exploitation either by the State or by the privileged classes in the society. Act 23 provides that traffic in human beings and begaar (forced labour) and similar other form of forced labour are prohibited. This article prohibits the employment of children below the age of 14 in factory, mine or other hazardous employment.
Question 9.
What do you understand by Right to Freedom of Religion?
Answer:
Article 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 ot public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.
Article. 26 provides that subject to public order, morality and health, every religious denomination shall have the right
- to establish and maintain institutions for religious and charitable purposes;
- to manage its own affairs in matters of religion;
- to own and acquire movable and immovable property; and
- to administer such property in accordance with law.
Art. 27 provides that no person shall be compelled to pay taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious domination. Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of state funds.
Question 10.
What do you understand by Cultural and Educational Rights?
Or
Mention any two Fundamental Rights which Constitution confers on minorities.
Answer:
Article-29 and 30 guarantees certain cultural and educational rights to the minorities:
1. Article-29 provides that any section of the citizens presiding in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
2. Article-30 provides that all minorities, whether based on religion or languages 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 11.
Explain briefly the Right to Property.
Answer:
The Constitution originally provided for right to property in its Articles 19 and 31. Article 19 guarantees to every citizen the right to acquire, hold and dispose of property subject to reasonable restrictions. Article 31 guarantees the right of private property and the right to enjoy and dispose of property. But 44th Amendment omitted right to property from the category of fundamental rights and made the same right a legal right.
Right to property was deleted from the 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 12.
Identify any two situations in which the fundamental rights can be restricted.
Answer:
Following are the two situations in which the fundamental rights can be restricted.
1. Suspension of Fundamental Rights:
When the President declares emergency under Article-352, Fundamental Rights given under Article-19 (Six freedoms) are automatically suspended throughout the country. These suspensions of fundamental rights continuous until the proclamation of emergency ends. By another order President can suspend any or all the rights conferred by Part-Ill.
2. Suspension of the Right to Move the Court:
During the proclamation of emergency under Article-352, the President can suspend the right to move the courts to enforce any other fundamental rights. All proceedings pending in any court for the enforcement of the rights may remain suspended for the period during which proclamation is enforced or for such short period as may be specified in the order. But the right to move the court for the enforcement of the right to life and personal liberty under Article-20 and 21 cannot be suspended.
Question 13.
What do you understand by Right to Constitutional Remedies?
Answer:
Right to Constitutional remedies is a protector right of the fundamental rights of the citizens. Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of fundamental rights.
In the exercise of this Jurisdiction, the Supreme Court is empowered to issue orders, directions and writs in the nature of Habeas Corps, Mandamus etc. Under Art. 226 the High Courts have also been empowered to issue orders, directions and writs for the enforcement of fundamental rights.
Question 14.
What is meant by a Writ of Habeas Corpus.
Answer:
Writ of Habeas Corpus is the most valuable writ for personal liberty, ‘Habeas Corpus means ‘Let us have the body’. A person when arrested moves the Court for the issue of writ of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been lawfully detained or not. If the Court is convinced that the person is illegally detained, it can issue orders for release.
Question 15.
What is meant by a Writ of Mandamus?
Answer:
“Mandamus’ is a Latin word which means “We command’. Mandamus is an order from a superior court to lower court or tribunal or public authority to perform an act, which falls within its duty. It is issued to secure the performance of public duties and to enforce private rights withheld by public authorities. The Supreme Court and the High Courts are empowered to issue writ of Mandamus.
Question 16.
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 pubbc 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 that office vacant.
Question 17.
Explain the term Writ of Prohibition.
Answer:
Writ of Prohibition means to forbid or to stop and it is popularly known as ‘Stay order’. This writ is issued when a lower court or body tires to transgress the limits of powers vested in it. It is a writ issued by a superior court to a lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ proceedings in the lower court come to stay.
Question 18.
Mention any four points against Fundamental Rights.
Answer:
Fundamental Rights are criticised on following grounds:
- There are too much limitations on Fundamental Rights.
- Preventive Detention prohibits personal liberty.
- Language of Fundamental Rights is difficult and not clear.
- Rights can be suspended during emergency.
Question 19.
Discuss the importance of Fundamental Rights.
Or
Mention any four points in favour of Fundamental Rights.
Answer:
- Fundamental Rights create necessary condition for the development of personality of citizens.
- Fundamental Rights check the despotism of the government.
- Fundamental Rights establish social equality.
- Fundamental Rights are the foundation stones of Indian democracy.
Question 20.
Write a short note on the importance of Fundamental Rights.
Answer:
There is a great importance of the fundamental rights given in the Indian Constitution. It is wrong to think that the restrictions put on fundamental rights have made them meaningless or valueless. These restrictions ensure a climate wherein all can develop their personality according to their genius. 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 life worth living.
The fundamental rights safeguard the individuals against any excesses of the state authority. They ensure the liberty of individual by putting restrictions on the arbitrariness of the Government. The jurisdiction of executive and legislature has been clearly laid down in the Constitution. The judiciary has been vested with the responsibility to act the protector and the guardian of the rights of the people.
Question 21.
Write a note on “Right to Education”.
Answer:
Right to education is a Funadmental Right. In Dec. 2002 the 86th Amendment was passed. According to this Amendment free and compulsory education become Fundamental Rights. According to this Amendment ‘The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.
Question 22.
Write down the various limits on Right to Liberty.
Answer:
Right to Liberty can be limited on accounts of the following:
- Sovereignty and national integrity of India.
- Security of the country.
- Contempt of courts.
- To maintain law and order.
- Encouragement to violence and crime.
Very Short Answer Type Questions
Question 1.
What is meant by ‘Fundamental Rights’?
Answer:
Legal rights mentioned in the Constitution are called Fundamental Rights. Such rights are beyond the Parliament’s power of amendment. In India, Japan, U.S.A., France, etc. citizens enjoy Fundamental Rights.
Question 2.
Discuss any two salient features of the Fundamental Rights contained;in the Indian Constitution.
Answer:
- All citizens are equally entitled to the Fundamental Rights. These rights are not meant for any particular caste, class, religion or the residents of a province.
- Fundamental Rights are not absolute. The Constitution of India imposes direct restrictions on these rights.
Question 3.
Describe the two Fundamental Rights of Indian citizens.
Answer:
- Right to Equality: The Indian citizens enjoy the right to equality. No citizen can be discriminated against the other in the name of religion, caste, colour, creed and sex. All the citizens are euqal before law.
- Rights to Freedom: The citizens are given the right to freedom of speech, , freedom of expression, freedom to assemble peacefully to consider some problem, freedom to adopt any profession and right to personal liberty.
Question 4.
What do you understand by Right against Exploitation?
Answer:
Act 23 provides that traffic in human beings and begaar (forced labour) and; sirtiilar other form of forced labour are prohibited. This article prohibits the employment of children below the age of 14 in factory, mine or other hazardous employment.
Question 5.
What do you understand by Right to Freedom of Religion?
Answer:
Article 25-28 deal with the right to freedom of religion. Right to freedom of religion has been guaranteed to all persons residing in India.
Question 6.
What do you understand by Cultural and Educational Rights?
Answer:
Article-29 and 30 guarantees certain cultural and educational rights to the minorities:
- Article-29 provides that any section of the citizens presiding in the territory of, India or any part thereof having a distinct language, script or culture of its own i shall have the right to conserve the same.
- Article-30 provides that all minorities, whether based on religion or languages shall have the right to establish and administer educational institutions of their choice.
Question 7.
What do you understand by Right to Constitutional Remedies?
Answer:
Right to Constitutional remedies is a protector right of the fundamental rights of the citizens. Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of fundamental rights.
Question 8.
Explain any two points against Fundamental Rights.
Answer:
Fundamental Rights are criticised on following grounds:
- There are too much limitations on Fundamental Rights.
- Preventive Detention prohibits personal liberty.
Question 9.
Mention any two points in favour of Fundamental Rights.
Answer:
Fundamental Rights creat necessary condition for the development of personality of citizens.
Fundamental Rights check the despotism of the government.
Question 10.
Write a note on “Right to Education”.
Answer:
Right to education is a Funadmental Right. In Dec. 2002 the 86th Amendment was passed. According to this Amendment ‘The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.
One Word to One Sentence Answer Type Questions
Question 1.
What do you mean by Fundamental Rights?
Answer:
Those legal rights which are mentioned in the Constitution are called as Fundamental Rights.
Question 2.
In which part of the Constitution have the Fundamental Rights been described?
Answer:
The Fundamental Rights have been described in the third chapter of the Indian Constitution.
Question 3.
Write down any one feature of the Fundamental Rights given in the Indian constitution.
Answer:
Fundamental Rights are for all the citizens.
Question 4.
Why have the Fundamental Rights been mentioned in the Constitution?
Answer:
The Fundamental Rights of the citizens have been mentioned in the Indian constitution so that they may be guaranteed to all the citizens without any kind of discrimination.
Question 5.
How many Fundamental Rights are mentioned in Constitution in these days?
Answer:
These days the citizens are given six kinds of Fundamental Rights.
Question 6.
Mention any one right given under the Right to Equality.
Answer:
In Art. 14 of the Constitution, the words like “Equality before Law” and “Equal Protection of Law” have been used side by side.
Question 7.
Mention any one fundamental right given by the Constitution to minorities.
Answer:
According to Art. 30, all minorities whether religious ’ linguistic, have the right to establish and manage educational institution as they wish.
Question 8.
Explain the principle, ‘Equality before law.
Answer:
Equality before law means that all are equal before law and no one enjoys any privilege.
Fill in The Blanks
1. Right granted by the Constitution are called …………………. Right.
Answer:
Fundamental
2. …………………. of the Indian Constitution deals with the fundamental rights.
Answer:
Part-III
3. All …………………. are equally entitled to Fundamental Rights.
Answer:
Citizens
4. Fundamental Rights are of …………………. and negative nature both.
Answer:
Positive
5. Article …………………. deals with the Fundamental Rights.
Answer:
12 to 35.
True or False statement
1. Fundamental Rights are the integral part of the Constitution.
Answer:
True
2. Fundamental Rights are absolute.
Answer:
False.
3. Fundamental Rights are not justiciable
Answer:
False.
4. Fundamental Rights can be amended.
Answer:
True
5. Article 14 to 18 are related to Right to freedom.
Answer:
False.
Choose the correct Answer
Question 1.
At present there are:
(A) 8 Fundamental Rights
(B) 5 Fundamental Rights
(C) 7 Fundamental Rights
(D) 6 Fundamental Rights.
Answer:
(D) 6 Fundamental Rights.
Question 2.
Article 19 guarantees:
(A) Six Freedoms
(B) Seven Freedoms
(C) Five Freedoms
(D) Four Freedoms.
Answer:
(A) Six Freedoms
Question 3.
Right to Property has been taken out of list of Fundamental Rights by:
(A) 42nd Amendment
(B) 45th Amendment
(C) 44th Amendment
(D) 43rd Amendment
Answer:
(C) 44th Amendment
Question 4.
Which of the following is not a Fundamental Rights?
(A) Right to Equality
(B) Right to Property
(C) Right to Freedom
(D) Right against Exploitation.
Answer:
(B) Right to Property
Question 5.
By which amendment, Fundamental Duties were included In the Constitution?
(A) 44th Amendment
(B) 43rd Amendment
(C) 42nd Amendment
(D) 45th Amendment.
Answer:
(C) 42nd Amendment
