Q1: What is Fundamental Right?
Ans: Fundamental Rights are those rights, claims, and facilities that have been considered very essential for the development of the citizens by the state and have been ensured by the constitution-making them justiciable.
Q2: Why Fundamental Rights are necessary?
Ans: Fundamental Rights are necessary for the all-around development of the citizens. They are also necessary for the success of democracy. Fundamental Rights put a check in the rules. Fundamental Rights are fundamental in governance.
Q3: What is Legal Right?
Ans: Legal rights are those claims, demands, and facilities which have been allowed and protected by the ordinary Law of the Legislature and which varies from time to time.
Q4: From where our constitution makers took the Fundamental Rights and with what difference?
Ans: During the freedom struggle itself, the need for Fundamental Rights was realized because of the colonial legacy of India. For the first time, this demand of Fundamental Rights was put in Nehru Report 1928. After national inde¬pendence it was natural to include and protect Fundamental Rights in the Constitution. The Constitution listed seven Fundamental Rights that would bo-protected through Judicial interference. However basic idea was borrowed from the U.S.A. which had included the Bill of Rights.
We adopted Fundamental Rights from the U.S.A. but with the following differences:
Q5: Which right removes the untouchability?
Ans: Article-17 of Fundamental Right of Equality provides for the removal of untouchability which has been practiced for a long time in our society.
Q6: Write four main features of our Fundamental Rights;
Ans:
Q7: Which Fundamental Rights protects these Rights?
Ans: Fundamental Rights of Constitutional Remedies protect other rights because they enable the citizens to move to courts if any of the rights are denied or violated. It. is considered the most important right and has been considered as heart and soul of the Constitution by Dr. B.R. Ambedkar.
Q8: Which liberties are givens in Article 19?
Ans: People enjoy six liberties in the Right of speech and expression given in Article-19 of the Constitution. Their liberties are as under-
9: What is given in Art 16 (4)
Ans: This article in part of the Right of Prohibition of discrimination in the matter of employment. This provides that nothing in this article shall prevent the state from making any provision for the reservation of appointment or posts in favor of the state, is not adequately represented in the services under the state.
Q10: Describe Fundamental Duties of the Constitution.
Ans: Ten Fundamental Duties have been added in the Vlth Part Article 51A of the Constitution by 42nd Amendment of the Constitution in 1976. In the original Constitution, there was no chapter of Fundamental duties.
Followings are Ten Fundamental duties.
Q11: What is Habeas corpus?
Ans: A writ of Habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to get free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
Q12: Why and when were Fundamental Duties added to the Constitution?
Ans: As we know that in the original Constitution Fundamental Duties were not added to Constitution. When the emergency was imposed by the Indira Gandhi government in 1975 the need for Fundamental Duties was felt hence ten Fundamental Duties were added in the Constitution by 42nd Amendment 1976 in the IVth A part of the Constitution in 51 A article.
Q13: What do you mean by Directive Principles of State Policy?
Ans: Directive Principles are the socio, economic conditions, facilities that are to be kept in mind by the central and state governments while making policies. They have been named as Directive Principles because they will be guiding principles of policies of the government of the day.
Q14: What is the importance of the Directive Principles of State Policies?
Ans: These principles are the pious fishes of. the constitution-makers which they wanted to give the citizens but could not make guarantee because of the paucity of resources. Hence they left these on the will of the coming governments as per the availability of resources. The purpose of their principles is to build socio, economic democracy.
Q15: Write three principles
Ans:
Q16: What are equality before the law and equal protection of Law?
Ans: Equality before the law means that every person irrespective of his caste, race, color, and status will be considered equal before Law. Equal protection of Law means that Law will be enforced uniformly.
Q17: Explain Right against Exploitation.
Ans: Right against Exploitation is of great significance and is explained in Article 23 and 24. Article 23 provides for prohibition of forced labor like bonded labor, beggary, and human trafficking
Q18: Explain Right of Religions Liberty
Ans: India is a country of people of different religions and beliefs. . Constitution makers have given all citizens the right of religious liberties. This right is described from Article 25 to Article 28
Q19: Explain the Right of Education and Culture.
Ans: India is a multiple society with people of different caste, color, culture, races and directs, languages and geographies. To promote their aspirations and identities the Constitution makers have given this Fundamental Right of Education and Culture which has been described in the Constitution from Article 29 to Article 30.
Q20: Explain Fundamental Right of Constitutional Remedies. Why it is called as heart and soul of the constitution by Dr. B.R. Ambedkar?
Ans: Fundamental Right of Constitutional Remedy is given in Article 32 of the Constitution. It gives the status of justiciability to the Fundamental Rights given in the third part of the Constitution. It is rightly called the heart and soul of the constitution by Dr. B.R. Ambedkar. Without this fight, other rights would have been meaningless because this right gives the right to the people to go to court if their other Fundamental Rights are violated or denied by the Executive or Legislature.
Q21: Explain following terms
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. quo Warranty
Ans: 1. Habeas Corpus: It is the order of the court to present the arrested person before it for a fair trial. It can also order to set free such an arrested person if the manner or ground of arrest .are not lawful or satisfactory.
2. Mandamus: This writ is issued when the court finds that a particular officeholder is not doing legal duty and thereby is violating the right of an individual
3. Prohibition: This writ is issued by a higher court (High court or Supreme court) when a lower court, has considered a case beyond its jurisdiction.
4. Certiorari: In this writ court orders a lower court or another authority •to transfer a matter pending before it to a higher authority or court.
5. quo-Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues orders of quo-Warranto to restrict that person from acting as an office holder of that office or position.
Q22: What right is given in Article 21 of the constitution?
Ans: This article provides for the protection of life and personal liberty. It says that no person shall be deprived of his life or personal liberty except according to* procedure established by Law. This means the life and liberty of a person cannot be taken arbitrarily.
Q23: What do you mean by Directive Principles of State Principles? What is their significance?
Ans: Directive Principles are guidelines regarding socio-economic policies that are to be kept in mind by central governments and state governments while making various welfare policies. These Directive Principles have been described in the IVth part of the Constitution from Article 36 to Article 51 of the constitution. In a way, they are pious intentions and moral guidelines of Constitution makers. The very purpose of these directions is to establish economic democracy by improving the standard of the people. These Directive Principles are a source of inspiration for the government. However, their principles are not made justiciable which means they cannot be claimed in the court of law. They are-at the will of the government.
They are of four types which ar6 as under:
These directive principles have changed the face of society.
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.
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.
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1. What are the fundamental rights guaranteed in the Indian Constitution? |
2. How can a citizen enforce their fundamental rights in India? |
3. Can fundamental rights be suspended in India? |
4. What is the significance of fundamental rights in the Indian Constitution? |
5. Can fundamental rights be amended in the Indian Constitution? |
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