(ii) Rights in the Indian Constitution/Fundamental Rights

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

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

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

Ans : True.

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

Ans : True.

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

Ans : False.

(c) The constitution guarantees remedy against violation of Rights.

Ans : True.

Q.2. which of the following is the best description of Fundamental Rights?

(a) All the rights an individual should have.

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

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

(d) The rights given by the constitution that can’t ever by restricted.

Ans : (c) The best description of Fundamental rights is the rights given and protected by the constitution. 

Q.3. Read the following situations. Which fundamental Rights being used or violated in each case and how?  

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

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

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

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

Ans : (a) In this situation right to equality bis violated. According to the right to equality mentioned that all the citizens are considered equal in all aspect of life and nobody should be discriminated against on the basis of sex caste, creed colour etc. 

(b) In this situation the freedom of expression is being used. According to the article 19 of Indian constitution states that all citizen shall have the right to freedom of speech and expression.

(c) In this situation people used freedom to reside and settle in any part of India which is given to the citizens in Right to Freedom According to Article 19 of Indian constitution.

(d) Andhra society runs telugu medium schools outside Andhra pradesh through the use of cultural and educational rights of Indian citizen According to the Article 30, the citizens have the right establish and administer education institutions of their choice.

Q.4  Which of the following is a correct interpretation of the cultural and Educational Rights?

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

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

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

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

Ans : (c) Linguistic and religions minorities can open schools for their children and keep it reserved for them is the correct interpretation of the cultural and Educational Rights. Arts 29 of Indian constitution lays down that any section of the citizens residing in the territory of India or any part there of Having distinct language, script or culture of its own shall have the right to conserve that same. On the other hand under Art. 

30, the constitution admits that all minorities, whether based on religion or languages,  shall have the right to established and administer educational institutions of their choice. They have the right to admit students to their institutions, to have their own government bodies and to adopt their respective of institutions Further the state while providing grant -in-aid to educational institutions can’t discriminate against such minority institutions.

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

(a) Not paying minimum wages.

(b) Banning of a book. 

(c) Banning of loudspeakers after 9 PM.

(d) Making a speech.

Ans : Not paying minimum wages is violation of Fundamental Rights Against Exploitation. Art 23 lays down that the selling and buying of man and woman and exploitation of people by forcing them to work as bonded labourers or work without remuneration, an offence

Q.6. An activist working among the poor says that the poor don, t need Fundamental Rights What they need are Directive principle to be made legally binding. Do you agree with this? Give your reasons.

Ans : The most immediate requirement of the poor people are fooding, clothing and shelter. The activist is partly correct in saying that the poor don’t need Fundamental Rights. Directive principle of state policy contain several non-justiciable rights like the right to Adequate Livelihood, Equal pay for equal work (for man and woman), rights against Economic Exploitation which if made justiciable can help in improving the economic conditions of the poor. Recently right to work has been party made justiciable. In rural areas which is not bound to have positive effects on the conditions of the poor. However the Fundamental Rights are important which guarantees the right to life, right to employment and right against exploitation.

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

Ans : In this instance the following Fundamental rights and violated 

(1) Right to Freedom :- Personal freedom were violated when they were forced to continue in their job and we’re refused the other jobs. The freedom of profession is violated.

(2) Cultural and Educational Rights :- When the children are discouraged from pursuing education, the cultural and educational rights are violated. Every child has the right to get admission to any government or government aidid educational institution.

(3) Right to Equality :- According to this right, all the citizens of the country are equal in the eyes of the law. Everyone has equality of opportunity in employment. The untouchability has been abolished. So in the above instance Right to Equality is also violated.

Q.8. A petition by a human rights group free attention of the court to condition of starvation and hunger in the country.Over five crore tonnes of food grains was stored in the godowns of the food corporation of India. Research shows that a large number of ration card holders do not know about the quality of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.

(a) which different rights does this case involve how are these right interlinked?

(b) Should these rights from part of the right to life.

Ans : (a) The different rights involved in this matter and these are Right to Equality. Right Against Exploitation, Right to life and Right to constitutional Remedies. Every body is equal before the law and has equal protection of law. The fact that a large number of ration card holders do not know about the quality of food grains from ration shops makes it clear that they have not equal protection of law. The ration shop owners and exploitating these ignorant people. 

Thus right against Exploitation is involved. There are over five crores tonnes of food grains stored int he godowns of Food corporation of India. Some of the people who do not have knowledge about the quantity of food they could buy from ration shops may starve in want of food. Thus right to life is involved. The human rights group drew the attention of the court to the condition of starvation and hunger in the country utilising the right to constitutional Remedies.

(b) Yes, all these rights should from part of the right to life.

Class 11 Political Science Chapter 2 Rights in the Indian Constitution The answer to each chapter is provided in the list so that you can easily browse throughout different chapters NCERT Class 11 Political Science Chapter 2 Rights in the Indian Constitution and select need one.

Long Types Questions & Answers

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

Ans : Somnath Lahiri’s statement in the constituent Assembly ” I feel that many of these fundamental rights have been framed from the point of view of a view of a police constable you will find that very minimum rights have been conceded and are almost invariable fallowed by a provision which takes away the right almost completely. 

What should be our conception of fundamental rights? We want to incorporate every one of these rights which our people want to get”.

yes I completely agree with Somnath Lahiri’s view. A Police constable keeps vigil on the unlawful activities and helps in maintaining law and order in the society. Most of the fundamental rights have been framed in this framework. There would be violation and then remedial order by the courts. These rights do not include more substantive rights like the Right to adequate livelihood, equal pay for equal work (for men and women), right against economic exploitation etc. Hence a very few of the rights have been conceded ideally everyone of those rights which our people want should be incorporated.

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

Ans : In my opinion the important right is the right to Constitutional remedies in Indian constitution.

Article 32 provides effective provisions for the protection and enforcement of fundamental rights which are an guaranteed by the Indian constitution. This article guarantees the right to move the supreme court by appropriate proceedings for the enforcement of the rights. It empowers the supreme court to issue direction or orders or writs for this purpose. 

The writs include-habeas corpus,mandamus,prohibition Quo Warranto, certiorari etc. Any citizen can move to the supreme court for getting his fundamental right/rights protected through any one of these writs. Besides the supreme court, the high courts can also issue these writs (Article 226) for enforcing the fundamental rights of the people.

The right to Constitutional remedies is often described as the most fundamental of all the fundamental rights because without it the people would be left with no means to get their right enforced. Dr. Ambedkar observed,” If  I was asked to point to any particular Article in this constitution as the most important article without which this constitution would be a nullity. I could not refer to any other article except this one”

Q.11. What are the Fundamental Rights of indian citizens. What is importance of the Fundamental Rights?

Ans : Part 3 of Indian constitution enumerated six fundamental (originally seven but after the 44th Amendment, Right to property( Art.31) has been selected) to the Indian citizens.

These are :-

(1) The right to Equality (Arts 14 to 18)

(2) The Rights to Freedom (Arts 19 to 22)  

(3) The right to Freedom of Religion (Arts 23 to 24)

(4) The Right to Freedom of Religion (Arts 29 to 30)

(5) Cultural and Educational Right (Arts 29 to 30)

(6) Right to constitutional Remedies (Art. 32)

The importance of fundamental rights can be mentioned as under-

(1) The fundamental Rights incorporated in Part 3 of the constitution constitute a for midable foundation of Indian democracy. These are designed to ensure a healthy heart environment for the development of the people.

(2) Part 3 constitutes a valuable and important check upon the government and acts as a bulwark against executive despotism It provides for the essential rights and freedom without which no one can attempt to attain one’s best self.

(3) It provides protection to minorities by guaranteeing cultural and educational rights.

(4) By making untouchability a crime, it has taken a commendable step towards the securing of social equality in India.

Q.12. What do you mean by “Protective discrimination”?

Ans : The idea of Protective discrimination” is an endeavour to achieve social justice in India. Protective discrimination means the preference given in admission to public educational institutions and in Public employment to the scheduled castes and scheduled Tribes and certain other backward classes.

Q.13. What are the difference between the Fundamental Rights and Directive principles.

Ans : The difference between the fundamental rights and directive principles are discussed as under-

(1) Fundamental rights are negative injunctions while directive principles are positive institutions.

(2) Fundamental rights are justiciable, directive principles are non- justiciable.

(3) Fundamental right provide for political democracy where as directive principles aim at socio-economic democracy.

(4) There is legal superiority of fundamental rights over the directive principles.

(5) Fundamental rights have already been attained but directive principles are yet to be attained. 

(6) There is limitation on fundamental rights but lack of constitutional limitations on directive principles.

(7) Fundamental rights are backed by law, directive principles by public opinion

(8) Fundamental rights can be suspended during emergency while directive principles are in a state of permanent suspended animation.

These are the difference between fundamental rights and directive principles.

Q.14. What do you mean by directive principles of state policy?

Ans : The constitution of India in its part 4 (Arts 36 to 51) describe, “The directive principles of state policy”. This part, introduced, under the influence of the Irish constitution, lists as set of principles which are to guide the policies of the state. Further, it is designed as a supplementary part containing a list of socio economic right and freedoms which the state should secure for the people through suitable enact ments. It constitute a manifestation for securing the socio-economic foundations of India democracy Dr. Ambedkar described it as a unique feature of the Indian constitution.

Q.15. What are the importance of directive directive principles?

Ans : The importance of directive principles are:

(1) Directive principle are backed by public opinion

(2) It provide for a welfare state.

(3) Directive principles are necessary to provide a guide to the government for making policies and laws for the purpose of securing justice.

(4) Directive principles are supplementary to the fundamental rights.

(5) It is helpful in the interpretation of the constitution.

Q.16. Analyse the four steps that the state has taken to implement the Directive principles.

Ans: (1) Reorganisation of the panchayats:- By 73rd Amendment Act, the panchayati Raj & by 74th Amendment Act municipal institution have been revamped. The have been given fixed tensures, assured election and more financial and non-financial powers

(2) Protection of the interest of the weaker sections of society:-

The state has taken steps to provide educational and health facilities to the persons belonging to weaker sections of society.

(3) Help to small scale and cottage industries:- The state extends help and encouragement to small scale and cottage industries.

Several boards like all India khadi and village Industries Board, small scale Industries Board, All India Handloom Board, etc are established for the purpose.

(4) Free and compulsory education:- Laws have been made for compulsory primary education to spreading adult education and woman education.

Q.17. Write three drawbacks of directive principles.

Ans : Lack of legal force :- The critics hold that directive principles are lack of legal force. Their violation or non realisation can’t be challenged in any court.

(2) Lack of clarity :- Several principles lack of clarity. The directive to promote international peace and friendly cooperation among all the nations is a laudable declaration. But the real issue is how to secure it? No clear guideline has been given for this purpose.

(3) Their realisation depends upon the will of the legislature :-

The legislative is tosecurre these as and when it may be possible for it. 

Q.18. What are the fundamental duties of Indian citizens to explained in part 4 A, Article 51(A) of the Indian constitution? 

Ans : (1) To abide by the constitution and respect its ideals and institutions, the National Flag and National Anthem.

(2) To cherish and follow the noble ideals which inspired our national struggle for freedom.

(3) To uphold and protect the sovereignty, unity and Integrated of India.

(4) To defend the country and render national service when called upon to do so.

(5) To promote harmony and the spirit of common brother hood, amongst all the people of india transcending religious linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.

(6) To value and preserve the rich heritage of our composite culture.

(7) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

(8) To develop scientific temper humanism and the spirit of inquiry and reform.

(9) To sateguaral public property and the abjure violence.

(10) To strive toward excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

Q.19. Right about right to Freedom as the fundamental right.

Ans: Under a set of 4 Articles (Art 1922), the constitution grants the Right to Freedom. These articles together constitute a charter of freedom of the people of India.

(A) Article 19 of the constitution guarantees six fundamental freedom of the citizens. It states: All citizens shall have the right to;

(1) Freedom of speech and language.

(2) Freedom of assembly.

(3) Freedom to from associations.

(4) Freedom of movement.

(5) Freedom to reside and settle.

(6) Freedom of profession, occupation, trade and business.

(B) Under Articles 20, the constitution provides protection against arbitrary conviction in respect of offence committed by the people.

(C) Article 21 provides protection to the life and liberty of citizens as well a non-citizens.

(D) Artie 22 provides for Protection against arbitrary arrest and definition.

Q.20. Write about right to equality.

Ans : The description of fundamental rights of an Indian begins by a description of Right to Equality ( Arties 14to18) and many as fine rights stand incorporated in it-

(1) Art.14 guarantees to all citizens and others equality before law.

(2) Art 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.

(3) Art 16 provides for equality of opportunity for all citizens in matter relating to employment or appointment to any office under state.

(4) Art 17 abolished untouchability in India, and makes its practice in any form an of pence punishable under the law.

(5) A under the Art 18, the constitution prohibits the state from conferring any titles except honours for military or academic distinction.

Thus the constitution, under Arts 14-15 grants right to equality to the people. However, along with provisions for equality, it also provides fo Protective discrimination.

21. Write a note on the 42nd Amendment of the Constitution of India. 

Ans : The Forty-second Amendment of the Constitution of India, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in Indian history. 

It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history, and is sometimes called a “mini-Constitution” or the “Constitution of Indira”. Almost all parts of the Constitution, including the Preamble and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted.

Basis for Comparison	Lok Sabha	Rajya Sabha
Meaning	Lok Sabha is the House of People, where people who are eligible to vote can elect their representative by way of direct elections.	Rajya Sabha is the Council of states,where the representatives are indirectly elected by the elected representative of Assembles of States and Union Territories.
Permanency	The operation of Lok Sabha continues for 5 years, unless dissolved earlier.	It is a permanent body
Maximum number of member	552 Members	250 Members.
Minimum age for being a member	25 Years	30 Years
Introduction of Money Bill	Only in Lok Sabha	After the bill approved in the Lok Sabha it is sent to the Rajya Sabha for consideration.
Representative	Speaker	Vice President of India.