Class 11 Political Science Short Questions With Answers - Right In The Indian Constitution

Q1. What is Fundamental Right?
Ans: Fundamental Rights are essential rights guaranteed by the Constitution to ensure the development and protection of citizens. They are:

• Considered crucial for individual growth and freedom.
• Protected by the Constitution, making them enforceable in court.
• Different from ordinary rights, which can be altered by regular laws.
• Only changeable through a constitutional amendment.

These rights prevent government actions that could violate individual freedoms, ensuring a framework for democratic governance.

Q2. Why Fundamental Rights are necessary?
Ans: Fundamental Rights are essential for several reasons:

• They promote the overall development of citizens.
• They are crucial for the success of democracy.
• They impose checks on government authority.
• They ensure that governance is conducted within a framework of justice.

Q3. What is Legal Right?
Ans: Legal rights are claims and entitlements that are recognised and protected by law. They can change over time and include:

• Rights that individuals can demand from others or the state.
• Protections provided by legislation.
• Variations based on legal frameworks and societal norms.

Q4. From where our constitution makers took the Fundamental Rights and with what difference?
Ans: During the freedom struggle, Indian leaders recognised the importance of Fundamental Rights and demanded that the British rulers respect the rights of the people. The need for these rights was first articulated in the Nehru Report of 1928. Thus, when India gained independence, it was essential to include and protect Fundamental Rights in the Constitution. The Constitution of India lists seven Fundamental Rights, which are safeguarded through judicial intervention. While the basic idea was inspired by the U.S.A. and its Bill of Rights, there are notable differences:

• The Fundamental Rights in the U.S.A. are scattered throughout the Constitution, whereas in India, they are compiled in one chapter, from Article 13 to Article 35.
• In India, these rights are not absolute; they can be suspended or amended. In contrast, the rights in the U.S.A. are considered absolute and cannot be easily altered.

Q5. Which right removes the untouchability?
Ans: Article 17 of the Indian Constitution addresses the issue of untouchability. It specifically states:

• Untouchability is abolished and is not permitted in any form.
• This article aims to promote equality and eradicate discrimination.
• It ensures that all individuals have equal rights and opportunities.
  This fundamental right is crucial for creating a more inclusive society.

Q6. Write four main features of our Fundamental Rights;
Ans: 

• Fundamental Rights are not absolute, they can have reasonable restrictions imposed on them.
• These rights are justiciable, meaning individuals can seek legal remedies if their rights are violated.
• Fundamental Rights can be amended, and may be suspended during a state of emergency.
• They distinguish between citizens and non-citizens, offering specific protections to citizens.

Q7. Which Fundamental Right safeguards the protection and enforcement of other rights?
Ans:  The Right to Constitutional Remedies (Article 32) is essential for protecting and enforcing Fundamental Rights. Often referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar, it allows citizens to seek judicial intervention if their rights are violated. Individuals can approach the Supreme Court or High Court to restore their rights. The courts can issue various writs, such as:

1. Habeas Corpus: Orders the production of a detained person before the court.
2. Mandamus: Directs an official to perform a legal duty.
3. Prohibition: Prevents lower courts from acting beyond their jurisdiction.

Q8. Which liberties are givens in Article 19?
Ans: Article 19 of the Constitution grants individuals six key liberties under the Right to Speech and Expression:

• Right to express oneself freely.
• Right to assemble peacefully.
• Right to form associations.
• Right to move freely across India.
• Right to reside and settle anywhere in India.
• Right to practice any profession, occupation, trade, or business.
  These rights, however, are not absolute and may be subject to certain restrictions imposed by the government.

Q9. What is given in Article 16 (4)
Ans: Article 16 (4) addresses the prohibition of discrimination in employment. It states that:

• The State can reserve appointments or posts for certain groups.
• This reservation is aimed at helping backward classes that are underrepresented in state services.
• The intention is to ensure equal opportunities for all citizens.
  This provision supports the principle of equality by allowing targeted measures to improve representation.

Q10. Describe Fundamental Duties of the Constitution.
Ans: In 1976, the 42nd Amendment to the Constitution introduced the Fundamental Duties of citizens, which are outlined in Article 51A. There are ten duties that every citizen is expected to uphold:

• To abide by the Constitution and respect the national flag and national anthem.
• To cherish and follow the noble ideals that inspired the national movement.
• To protect the sovereignty, unity, and integrity of India.
• To defend the country.
• To promote the spirit of common brotherhood among all people.
• To preserve the rich heritage of our common culture.
• To protect and improve the natural environment.
• To develop a scientific temper and spirit of inquiry.
• To safeguard public property.
• To strive towards excellence in all spheres of life.

It is important to note that the Constitution does not enforce these duties, nor does it make the enjoyment of rights conditional upon fulfilling them. Thus, the inclusion of these duties does not alter the status of our fundamental rights.

Q11. What is Habeas corpus?
Ans: A writ of habeas corpus is a legal order that requires a court to bring an arrested person before it. This writ serves two main purposes:

• The court can ensure that the arrested individual is presented before it.
• If the arrest is found to be unlawful or unjustified, the court can order the release of the person.

Q12. Why and when were Fundamental Duties added to the Constitution?
Ans: In 1976, the 42nd Amendment to the Constitution was enacted, which introduced a list of Fundamental Duties for citizens. This was in response to the need for greater civic responsibility during the emergency declared by the Indira Gandhi government.

• A total of ten duties were specified in Article 51A of Part IV-A of the Constitution.
• These duties include respecting the Constitution, defending the country, promoting harmony, and protecting the environment.
• Importantly, the Constitution does not enforce these duties, nor does it link the enjoyment of rights to their fulfilment.
  The inclusion of Fundamental Duties serves to remind citizens of their responsibilities, but it does not alter the status of their fundamental rights.

Q13. What do you mean by Directive Principles of State Policy?
Ans: The Directive Principles of State Policy are guidelines for the Indian government to promote social and economic justice. They suggest additional rights and policies like equal pay for equal work, protection against economic exploitation, and the promotion of cottage industries. Although they are non-justiciable and cannot be enforced by courts, they guide the government in creating a just society based on moral principles.

Q14. What is the importance of the Directive Principles of State Policies?
Ans: The Directive Principles of State Policy are vital for promoting social and economic justice in India. Their importance includes:

1. Reflecting the aspirations of the Constitution-makers for citizens' welfare.
2. Serving as a moral guide for governments, despite being non-enforceable by law.
3. Establishing a framework for socio-economic democracy.
4. Encouraging policies that benefit society as a whole.

Examples include equal pay for equal work, protection against economic exploitation, and promotion of village panchayats. While non-justiciable, these principles direct the government to focus on societal well-being.

Q15.What are the key features of the Bill of Rights in the South African Constitution?
Ans: The Bill of Rights in the South African Constitution, enacted in December 1996, plays a central role in promoting democracy. It prohibits discrimination on various grounds such as race, gender, age, disability, religion, and social origin. The Bill guarantees a wide range of rights to citizens, ensuring equality and justice. A special Constitutional Court is responsible for enforcing these rights, ensuring their protection for all individuals in South Africa.

Q16. What are equality before the law and equal protection of Law?
Ans: Equality before the law means that all individuals, irrespective of caste, race, color, or status, are treated equally by the law. Equal protection of the law ensures that laws are applied consistently and fairly to everyone, providing the same legal safeguards to all.

Q17. Explain Right against Exploitation.
Ans: Right against Exploitation is crucial and is detailed in Articles 23 and 24 of the Constitution.

• Article 23 prohibits forced labour, including bonded labour, begging, and human trafficking.
• Article 24 bans the employment of children under 14 in hazardous jobs, such as in factories and mines.
• Right to Education has been established as a fundamental right for children.

Historically, forced labour was imposed by landlords and moneylenders. Although some forms of bonded labour still exist, particularly in brick kilns, it is now considered a crime and is punishable by law.

Q18.What is the Right to Freedom of Religion?
Ans:  The Right to Freedom of Religion in India, enshrined in Articles 25 to 28 of the Constitution, guarantees citizens the freedom to practice, profess, and propagate their religion. Key provisions include:

1. Article 25: Allows every individual to freely practice, profess, and propagate any religion, ensuring secularism.
2. Article 26: Grants religious groups the liberty to manage their affairs and administer property for charitable purposes.
3. Article 27: Prohibits compulsory religious instruction in state-funded educational institutions.
4. Article 28: Allows religious institutions to receive state aid on an equal basis.

This right ensures religious freedom, prohibits forced conversions, and mandates equal treatment for all religions, upholding the secular nature of the Indian state.

Q19. Explain the Right of Education and Culture.
Ans: India is a diverse society, comprising various castes, cultures, and languages. To support this diversity, the Constitution grants the Fundamental Right to Education and Culture, outlined in Articles 29 and 30.

• Article 29: Protects minorities from discrimination based on religion, community, or language, ensuring they have opportunities for full development.
• Article 30: Allows minorities to establish educational institutions to promote their culture and identities, with access to state financial aid on an equal basis.

This framework ensures that all communities can maintain their unique cultural identities while receiving support to develop their educational resources.

Q20. What is the Fundamental Right of Constitutional Remedies, and why is it called the "heart and soul" of the Constitution by Dr. B.R. Ambedkar?
Ans: The Fundamental Right of Constitutional Remedies, under Article 32, allows citizens to approach the High Court or Supreme Court if their rights are violated. Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution because it ensures the protection of Fundamental Rights. The courts can issue writs, such as:

• Habeas Corpus (to release a person from unlawful detention),
• Mandamus (to compel a duty),
• Prohibition (to prevent jurisdictional overreach).

Q21: Explain following terms
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. quo Warranty
Ans: 

• Habeas Corpus: This is a court order requiring that an arrested person be brought before the court. It can also demand the release of someone if their arrest was unlawful.
• Mandamus: This writ is issued when a court finds that an officeholder is failing to perform their legal duties, thus infringing on an individual's rights.
• Prohibition: This writ is issued by a higher court when a lower court has acted beyond its legal authority.
• Certiorari: This writ orders a lower court or authority to send a case to a higher court for review.
• Quo Warranto: This writ is issued when the court determines that a person is unlawfully holding an office, preventing them from acting in that capacity.

Q22. What right is given in Article 21 of the constitution?
Ans: Article 21 of the Constitution ensures the protection of life and personal liberty. It states that:

• No individual can be deprived of their life or liberty without following a lawful procedure.
• This means that a person cannot be arbitrarily arrested or have their freedom taken away.
• If arrested, individuals must be informed of the reasons for their arrest.
• They have the right to legal representation of their choice.
• Authorities must present the arrested person before a magistrate within 24 hours.
• The magistrate, independent of the police, will determine the legality of the arrest.

This right extends beyond mere protection against losing life; it encompasses the right to live with dignity and includes the right to shelter and livelihood, as affirmed by various Supreme Court rulings.

Q23. What do you mean by Directive Principles of State Principles? What is their significance?
Ans:  The Directive Principles of State Policy are guidelines in the Constitution that suggest socio-economic policies for the government to adopt in order to promote the well-being of society. These principles aim to:

• Promote social and economic justice.
• Outline goals that society should work towards.
• Suggest rights beyond the Fundamental Rights.
• Recommend specific government policies for welfare, such as equal pay, protection against exploitation, and promotion of local industries.

Although non-justiciable (not enforceable by courts), they play a crucial role in guiding government actions and promoting moral responsibility for ensuring societal welfare.

Q24. Differentiate between Fundamental Rights and Directive Principles of State Policy.
Ans:  The followings are the main differences between Fundamental Rights and Directive Principles of State Policy.

• Fundamental Rights are justiciable while Directive Principles are not justiciable.
• The purpose of Fundamental Right is to establish political democracy while the purpose of the Directive Principle of State Policy is to establish economic democracy.
• The language of Fundamental Rights is legal while the language of Directive principles is not legal.
• Fundamental Rights make a distinction between citizens and aliens but Directive Principles of State Policy does not make any distinction.
• Fundamental Rights are guarantees while the Directive Principles of State Policy are just assurances.

Q25. Explain the Liberal Principles given in the chapter of Directive Principles of State Policy.
Ans:   Followings are Liberal Principles which are given as guidelines in the chapter of the Directive principle of State Policy.

• To secure for the citizens a uniform civil code throughout the territory of India Article 44.
• To provide for provision for free and compulsory education for children Article 45.
• To provide educational and economic interests of scheduled castes, scheduled tribes, and weaker sections.
• To protect and improve the environment and to safeguard the forests and wildlife of the country.
• To protect monuments and places and objects of national importance.
• To take steps to separate the judiciary from the executive.