1.
Answer the following questions given below:
Question 1.
Write in brief about Fundamental Rights being incorporated in the Constitution.
Answer:
Those rights, which are necessary for every human being in order to achieve an
around development are known as Fundamental Rights. There are six
Fundamental Rights which have been incorporated in the Constitution:
1. Right to Equality:
1. The rights that consider every citizen ‘Equal before Law’ and
provide ‘Equal protection of Law’ are called Rights to Equality.
2. This right ensures that citizens will not be discriminated on the
basis of their caste, sex, race, grounds of religion, place of birth,
etc. and will be treated equally.
3. However, there are certain provisions for women, scheduled castes,
etc. so as to bring these segments of society inequality to the rest of
the society.
4. To safeguard equality, the Constitution of India prohibits the State
from granting any titles. Also citizens of India are not allowed to
accept any titles from a foreign state.
2. Right to Freedom:
This Right to Freedom gives every individual the freedom:
1. of Speech and expression.
2. to assemble peacefully without arms.
3. to form associations of unions.
4. to move freely within the territory of India.
5. to live and settle in any part of India.
6. to practice any profession, business or occupation.
We live in a society and so we need to maintain its social structure. Hence,
although these six freedoms are given to citizens, they enjoy them with certain
restrictions and limitations.
3. Rights against Exploitation:
1. These right safeguards women and children and others against
exploitation of various forms.
2. This right ensure protection against any exploitation like forced
labour, low wages compared to standard wages, working in
unhygienic and unsafe environment, child labour, etc.
3. Under Right to Exploitation, one cannot be biased for carrying out
state welfare works, military services, social services, etc. on the
ground of their religion, caste, gender or creed.
4. Right to Freedom of Religion:
1. India does not have any national religion. Also it does not follow
the ideals or principles of any particular religion.
2. The right to freedom against religion says that every person is
equally permitted to enjoy the freedom his conscience permits and
has the right to acknowledge, practice and spread his religion.
3. There are certain restrictions put on this right to maintain public
law and order,
morality and peace in the country.
4. People are free to conduct and run religious affairs. This included
the freedom to establish and maintain charitable institutions to
manage religious affairs and acquire and manage movable and
immovable property for religious proposes without going against
the law.
5. Cultural and Educational Rights:
1. These rights allow a person whether belonging to minority or
majority to maintain its culture and obtain education about his
culture and religion.
2. Under Cultural and Education Rights, any citizen can get
admission in educational institution or a granted institution without
getting discriminated on the ground of religion, caste, creed or
language.
3. The Indian Constitution also states that religious and language
minority groups will have the right to administer and start their
own educational institution.
4. It also states that no minority, other than the ones suggested in the
Article will have the right to establish any institution.
6. Right to Constitutional Remedies:
1. Right to Constitutional Remedies is a special feature of our
Constitution.
2. This right provides an opportunity to the citizens to approach court
in case of violation of their Fundamental Right.
3. Dr. Ambedkar considered this right as the ‘Soul of the
Constitution’.
4. In case any Fundamental Right of a person is violated, he can make
use of right i.e., Right to Constitutional Remedies and seek justice
from the court of law.
5. If the court finds that any Fundamental Right of a person is
violated, it can issue a ‘writ’ i.e., a legal notice to the one who is
depriving the person of this right.
Question 2.
Describe the importance of Directive Principles of State Policy.
Answer:
1. The Directive Principles of State Policy (DPSP) serve as guidelines
for the states and union as how they can administer the state in a
rightful manner.
2. These principles reflect the kind of nation and society we wish to
establish.
3. They talk about how the ideals presented in the Preamble can be
implemented.
4. They incorporate rights that are required for the overall
development of mankind.
5. They aim at attaining political, social and economic democracy.
6. To fulfil this, aim the Directive Principles are bifurcated into
various sections.
Question 3.
Explain the importance of Fundamental Rights.
Answer:
Importance of Fundamental Rights:
1. Fundamental Rights allow human beings to live a dignified life.
2. These rights are stated in our Constitution and so they enjoy a legal
status.
3. A democratic country allows its citizens to enjoy equal rights.
4. These rights give citizens freedom to express themselves.
5. Citizens enjoy these rights without any discrimination.
6. The Government and the Constitution protect these rights and see
that people enjoy them.
7. These rights provide quality to citizens and protect them from
several forms of exploitation.
8. Every citizen gets a right to obtain education, work in a clean,
hygienic and safe environment, enter public places like parks,
theaters, etc.
9. If a citizen does not get these rights, then as per Right to
Constitutional Remedies, he can also go to the court to seek justice.
10.Thus, Fundamental Rights are extremely important for growth,
development and prosperity of a nation and its citizens.
Question 4.
What is reasonable control and limitation?
Answer:
1. Our Constitution has given six different freedoms to all Indians.
2. Indians are free to enjoy these rights.
3. On the other hand, the fact is that we live in a society and so we
need to maintain its social structure.
4. Hence, although these six freedoms are given to citizens, they
enjoy them with certain restrictions.
5. The Constitution has imposed certain restrictions on these
freedoms. These restrictions are laid to achieve specific purpose.
6. Certain strict rules and prohibitions have been put on matters
related to maintaining public order, national unity, integrity,
contempt of court, defamation, public decency and morality,
inciting someone for violence, etc.
7. A person has freedom of speech and expression but the State has
the authority to prohibit use of such spoken or written words that
promote disharmony, feeling of enmity, hatred or ill-will between
people or in the society.
Question 5.
Write about Preventive Detention.
Answer:
Prevention Detention:
1. It is a preventive action taken to prevent possible commitment of
crime.
2. If government feels something suspicious about someone who may
cause some serious harm to the society, then it may arrest him
under prevention detention for some time.
3. The arrested person is not punished but arrested to stop him from
committing crime.
4. Under prevention detention, it is not necessary to present the
arrested person before the magistrate.
5. It can be extended only for 3 months.
Question 6.
Mention Fundamental Duties as mentioned in the Constitution.
Answer:
Following Fundamental Duties have been listed in our Constitution:
1. To abide by the Constitution, the National Flag, and the National
Anthem.
2. To cherish and follow the noble ideas of our national freedom
struggle.
3. To uphold and protect sovereignty, unity and integrity of India.
4. To defend the country and render national services as and when
required.
5. To promote common brotherhood of all people in India and
renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of the nation’s composite
culture.
7. To protect and improve the natural environment including forests,
lakes, rivers, wildlife and to have compassion for living creatures.
8. To safeguard public property and to abjure violence.
9. To develop the scientific temples, humanism and the spirit of
inquiry and reform.
10.To strive towards excellence is all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement.
11.To provide opportunities for education to child, ward between the
age of six to fourteen years.
Question 7.
Mention the rights under Minority Provision.
Answer:
Cultural and Educational Rights:
1. These Rights are measures to protect the rights of cultural,
language and religious minorities, by enabling them to conserve
their heritage and protecting them against discrimination.
2. Under Cultural and Educational Rights, any citizen can get
admission in educational institution without getting discriminated
on the basis of religion, caste, creed or language.
3. The Indian Constitution states that religious and language minority
groups will have the right to run and start their own educational
institutions.
4. It also prohibits discrimination against any citizen for admission
into any educational institution maintained or aided by the state.
5. Any section of citizens having a distinct language, script culture of
its own, have the right to conserve and develop the same, and thus
safeguards the rights of minorities.
2. Write short notes on:
1. Right to Equality
2. Right to Constitutional Remedies
3. Right to Freedom
4. Right against Exploitation
5. Directive Principle for Economic Policies
6. Directive Principles for Political and International Relations.
Answer:
1. Right to Equality:
1. The rights that consider every citizen ‘Equal before Law’ and
provide ‘Equal protection of Law’ are called Rights to Equality.
2. The Rights to Equality serves as foundation of all other rights.
3. This right is considered the chief guarantee of the Constitution of
India to provide rights to its citizens. Thus, it is necessary that
every citizen of India has easy access to the courts to exercise
his/her right to Equality.
4. Moreover, to apply these rights equally, the Constitution of India
has abolished the practice of untouchability. Practice of
untouchability is declared a crime and anyone doing so, is
punishable by law.
2. Right to Constitutional Remedies:
1. Right to Constitutional Remedies is a special feature of our
Constitution.
2. This right provides an opportunity to the citizens to go to the court
in case of violation of their Fundamental Right.
3. Dr. Ambedkar considered this right as the ‘Soul of the
Constitution’.
4. In case a person is denied to any of the Fundamental Rights, he can
make use of this right i.e., Right to Constitutional Remedies and
seek justice from the court of law.
5. If the court finds that a person is deprived or denied a Fundamental
Right, it can issue
a ‘writ’ i.e., a legal notice to the one who is depriving the person of
his right.
6. In this case, it becomes the duty of the judiciary to attends all
complaints and take sufficient care and see that citizens get proper
justice and their Fundamental Rights are protected.
7. Therefore, the Constitutional Remedies is not only a special feature
of Fundamental Rights, but also very special feature offered to the
citizens of the country.
8. One can use this right even against Centre and State.
9. This right is available all the time except at the time of
emergencies. No law can stop citizens from using this right.
3. Right to Freedom:
The Right to Freedom is a bunch of six freedoms. They are:
1. The freedom of speech and expression.
2. The freedom to assemble peacefully and without arms.
3. The freedom to form associations or unions.
4. The freedom to move freely throughout the territory of India.
5. The freedom to live and settle in any part of India.
6. The freedom to practice any profession, business or occupation.
This right aims at providing overall development to a
person. This right is very crucial for democracy.
As per this right, the person should enjoy his rights
democratically and he should be able to live a healthy and
civic life.
The Constitutional Amendment Act, 2002 provides free
and compulsory primary education for the children
between 6 to 14 years.
4. Right against Exploitation:
1. The Right against Exploitation is one of the most important
fundamental rights given by the Indian Constitution.
2. This right protects the citizens in various forms.
3. It aims at protecting citizens from being forced to environmental,
domestic and work hazards.
4. These right safeguards women and children and other against
exploitation of various forms.
5. Under this right, human trafficking, forced labor, forcing into
begging, slave trade and prostitution are considered punishable act.
6. Similarly, making children below the age of 14 years work beyond
their capacity and employing them in factories, mines or other
hazardous places is also considered exploitation.
7. To save children below 14 years of age from exploitation, the
Constitution has made specific provision of not allowing them to
be employed for any hazardous work.
5. Directive Principles for Economic Policies:
1. Equal distribution of wealth and resources among all classes for the
welfare of the citizens should be done.
2. The State should observe that assets and production of resources do
not get distributed only to certain groups or sections of the society.
3. Equal pay for equal work for both men and women should be
given.
4. Provision should be made for good health. At times, due to
financial burden, men, women and even young children take up
works at highly unhygienic places. This should not be allowed.
5. Relief and leave at the time of pregnancy should be provided to
women. Worker’s insurance bonus, maternity leave, gratuity, and
other legal rights should be included in the policy.
6. Policies should be made to organize agricultural and animal
husbandry on modem and scientific lines.
6. Directive Principles for Political and International Relations:
1. The state should establish Panchayati Raj. It should appoint
suitable officers who work and provide financial aid to establish
this system.
2. The state should separate its services from corporate mindedness. It
should have a liberal mindset so that appointed judges can be
impartial, fearless and courageous in rendering judgments.
3. The state should make attempts to maintain international peace,
security, to establish fair relation between nations and to increase
respect of international law.
3. Give reasons to the following statements:
Question 1.
One can go to the court of law to seek protection against violation of
Fundamental Right.
Answer:
1. The Constitution has provided various Fundamental Rights to
Indians.
2. These rights are extremely important for overall development of
the citizens.
3. No one can stop them from enjoying these rights.
4. To safeguard the citizens against exploitation and to make sure
they are not deprived of these rights, the Constitution has given
provisions to the citizens to go to the court in case of the violation
of their Fundamental Rights.
Question 2.
Right to Constitutional remedies is like the ‘Constitutional Soul’.
Answer:
1. Right to Constitution Remedies is not just a special right, also a
very special feature of the Constitution.
2. This right empowers a citizen to go to the court in case he is
deprived of any of his Fundamental Rights.
3. The court ensures full protection to the citizens by listening to their
complaints and taking proper action.
4. Since a citizen can fight for any right that he is deprived through
the Right to Constitutional Remedies. Hence, this right is known as
the ‘Soul of the Constitution’.
Question 3.
Freedom cannot be unlimited or absolute.
Answer:
1. Our Constitution has given six different freedoms to all Indians.
Everyone is free to enjoy these freedoms.
2. On the other hand, the fact is that we live in a society and so we
need to maintain its social structure.
3. Hence, although these six freedoms are given to citizens, they
enjoy them with certain restrictions and limitation.
4. One cannot be given unlimited or absolute freedom under the
various rights.
5. Putting control will ensure safety, security and well-being of the
nation.
6. Hence, freedom cannot be unlimited or absolute.
Question 4.
Directive Principles of Political Policies are the pre-conditions for the utilization
of Fundamental Rights.
Answer:
1. Establishment of proper political policies to help a nation to
administer its affairs efficiently.
2. To develop social and economic policy for the prosperity of nation
the citizens must be given certain important Fundamental Rights.
3. By providing these rights to the citizens the country can expect a
high morale, better productivity and loyalty from them.
4. It will help to convert the vision of a prosperous nation seen
through political policies.
5. Hence, Directive Principles of Political Policies are the pre-
conditions for the utilization of Fundamental Rights.
Question 5.
A formation of society without exploitation is the important aim of the
Constitution.
Answer:
1. India has been in the clutches of various social evils like
untouchability, forced, labor, low wages, exploitation of the poor
downtrodden, dowry, etc.
2. To observe equal states and freedom for all in the country, several
rights are provided to them by the Constitution.
3. Every human being is bom free and has right to live his life freely
without getting exploited from other, society or the state.
4. Hence, the Constitution through its various rights and freedoms
tries to make attempt that a country can have a society free from
exploitation.
Question 6.
Directive Principles and Fundamental Rights are not against each other instead
they complete each other.
Answer:
1. The Directive Principles provide guidance to the state to march
towards establishing equal, just and social order without any
exploitation.
2. The Directive Principles provides a vision of future society.
3. They show us our direction and also our destination.
4. They guide the state to uplift the society and protect it.
5. Fundamental rights limit the state leadership while Directive
Principles extend state leadership.
6. Fundamental Rights make possible the existence of democracy,
while Directive Principles guide towards establishing inter-
relations of democracy.
7. Thus, Directive Principle and Fundamental rights are not against
each other instead they complete each other.
Question 7.
Duties and Rights are the sides of the same coin.
Answer:
1. Rights and duties are inter-connected and complementary to each
other.
2. Rights allow a citizen to enjoy the freedom he gets under the
constitution. On the other hand, duties expect that he should fulfill
his responsibility towards the nation.
3. For example, someone has the right to move freely in the park. At
the same time, it becomes his duty not to damage the park.
4. There cannot be rights without duties because the right of one
person becomes the duty of the other person.
5. Therefore, when we enjoy our rights it becomes our duty to.
facilitate the enjoyment of their rights by the other people.
6. Thus, rights and duties are the two sides of the same coin.
Question 8.
Child labour is a punishable offence.
Answer:
1. Under the Constitution, the State has got the right to make special
arrangements for children.
2. Under this right, forcing children to work and forcing them into
begging are considered punishable offence.
3. Similarly, making children below the age of 14 years work beyond
their capacity and employing them in factories, mines, or other
hazardous places is also considered exploitation.
4. To save children below 14 years of age from exploitation, the
Constitution has made specific provisions of not allowing them to
be employed for any hazardous work.
5. If the employer fails to follow this provision, it becomes a criminal
offence under Abolition of Child Labour.
Question 9.
For the implementation of Directive Principles, one cannot resort to Court of
Law.
Answer:
1. The Directive Principles provide guidelines to the state for creating
a better society.
2. These are just guidelines and not rules. So the state is not bound to
follow these principles.
3. With change in time and trends, the state may have to ignore the
Directive Principles.
4. Hence, citizens cannot go to the court of law if any Directive
Principle is not implemented by the state.
Question 10.
Directive Principle are the foundation for the rule of a regime.
Answer:
1. To rule a regime i.e., to run a government, Directive Principles
help to establish political democracy in our Constitution.
2. However, political democracy cannot be achieved alone without
social and economic democracy.
3. Hence, Directive Principles aim to establish a social system based
on social, economic and political justice.
4. These principles reflect the kind of nation and society we wish to
establish.
5. These principles incorporate rights that are required for the overall
development of mankind.
6. Hence, looking at the aim of Directive Principles one can say that
they serve as the foundation for the rule of regime.
Question 11.
Preservation of Cultural and Historical heritage is the Fundamental Duty of
everyone.
Answer:
1. The Constitution has provisions for preserving cultural and
historical heritage of a country or people.
2. State has been provided with certain powers and guidelines to
make sure that this heritage is maintained.
3. However, culture and history arise due to people. So, people form
an integral part of it.
4. State alone cannot preserve do culture and history if the people not
provide equal support.
5. Our existence is not possible without cultural and historical
heritage.
6. Hence, it is the Fundamental Duty of every citizen to preserve
cultural and national heritage.
