Passage Based Questions: Rights in the Indian Constitution | Political Science Class 11 - Humanities/Arts PDF Download

Passage - 1

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The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government. Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law. Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this. no organ of the government can act in a manner that violates them.

Q1: What distinguishes Fundamental Rights from ordinary legal rights in a country's legal framework?
Ans:

• Fundamental Rights are separately listed in the Constitution and have special provisions for protection, signifying their significance.
• These rights are protected and guaranteed by the constitution itself, preventing government violations.
• Fundamental Rights can only be changed by amending the Constitution, unlike ordinary rights, which can be altered by the legislative process.

Q2: How can ordinary legal rights be modified, and what is the unique feature of amending Fundamental Rights?
Ans:

• Ordinary legal rights can be changed by the legislature through the regular process of lawmaking.
• Fundamental Rights, on the other hand, can only be altered by amending the Constitution itself, making it a more rigorous and comprehensive process.

Q3: What restrictions are placed on government organs concerning Fundamental Rights?
Ans:

• No organ of the government can act in a manner that violates Fundamental Rights.
• The Constitution ensures that these rights are protected and not infringed upon by any branch of the government.

Passage - 2

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Right to equality tries to do away with such and other discriminations. It provides for equal access to public places like shops, hotels. places of entertainment, wells, bathing ghats and places of worship. There cannot be any discrimination in this access on the grounds only of religion, race, caste, sex or place of birth. It also prohibits any discrimination in public employment on any of the above-mentioned basis. This right is very important because our society did not practice equal access in the past. The practice of untouchability is one of the crudest manifestations of inequality. This has been abolished under the right to equality. The same right also provides that the state shall confer no title on a person except those who excel themselves in military or academic field. Thus right to equality strives to make India a true democracy by ensuring a sense of equality of dignity and status among all its citizens.

Q1: What does the Right to Equality guarantee in terms of access to public places and employment?
Ans:

• The Right to Equality ensures equal access to public places such as shops, hotels, entertainment venues, wells, bathing ghats, and places of worship.
• It prohibits discrimination in access based on religion, race, caste, sex, or place of birth.
• The right also extends to public employment, preventing discrimination on the same grounds.

Q2: Why is the Right to Equality considered crucial in Indian society?
Ans:

• The Right to Equality is significant because it addresses historical inequalities in Indian society.
• It specifically addresses the practice of untouchability, one of the harshest forms of inequality, and abolishes it.
• This right strives to rectify past discrimination and promote a sense of equality, dignity, and status among all citizens.

Q3: What restrictions does the Right to Equality place on conferring titles by the state?
Ans:

• The Right to Equality limits the state from conferring titles on individuals except those who excel in the fields of military or academics.
• This restriction aims to ensure that titles are not granted arbitrarily and maintain a focus on merit and achievement.

Passage - 3

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Liberty means freedom of thought, expression and action. However it does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom. lherefore, freedoms are defined in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law and order situation.

Q1: What does liberty encompass, and what does it not entail?
Ans:

• Liberty includes freedom of thought, expression, and action.
• However, it does not grant the freedom to do anything one desires or likes.

Q2: Why is it essential to define freedoms in a specific manner?
Ans:

• Defining freedoms is crucial to ensure that every individual can enjoy their freedom.
• It prevents situations where one person's freedom threatens the freedom of others or disrupts law and order.

Q3: What is the rationale behind restricting absolute freedom?
Ans:

• Restricting absolute freedom is necessary to maintain a harmonious society where everyone's freedoms are protected.
• Allowing unrestricted freedom could lead to conflicts and jeopardize the overall law and order situation.

Passage - 4

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Preventive detention means that if the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person. This preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review. On the face of it, preventive detention looks like an effective tool in the hands of the government to deal with anti-social elements or subversives. But this provision has often been misused by the government. Many people think that there must be greater safeguards in this law so that it may not be misused against people for reasons other than that which are really justified. In fact. there is a clear tension between right to life and personal liberty and the provision for preventive detention.

Q1: What is preventive detention, and how long can a person be detained under this provision?
Ans:

• Preventive detention allows the government to detain or arrest a person perceived as a threat to law and order or national security.
• Initially, detention can be extended for up to three months.

Q2: What happens after the first three months of preventive detention?
Ans:

• After three months, the case is reviewed by an advisory board.

Q3: Why do some people express concerns about the use of preventive detention by the government?
Ans:

• Preventive detention has been prone to misuse.
• Some believe that greater safeguards are needed to prevent unjustified use.
• It creates tension between the right to life and personal liberty and the government's authority to detain individuals for security reasons.

Passage - 5

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Forced labour was imposed by landlords, moneylenders and other wealthy persons in the past. Some form of bonded labour still continues in the country, specially in brick kiln work. It has now been declared a crime and it is punishable.The Constitution also forbids employment of children below the age of 14 years in dangerous jobs like factories and mines. With child labour being made illegal and right to education becoming a fundamental right for children, this right against exploitation has become more meaningful.

Q1: What groups imposed forced labor in the past, and in what context did it occur?
Ans:

• Landlords, moneylenders, and wealthy individuals imposed forced labor in the past.
• Forced labor was often associated with exploitative practices.

Q2: What is the current legal status of bonded labor in the country, and what are the consequences for those involved?
Ans:

• Bonded labor is now declared a crime and is punishable under the law.
• Those found guilty of practicing bonded labor can face legal penalties.

Q3: How has the Constitution addressed child labor and the right to education, and what impact has this had on the right against exploitation?
Ans:

• The Constitution forbids the employment of children below 14 years in dangerous jobs such as factories and mines.
• Making child labor illegal and establishing the right to education as a fundamental right for children has made the right against exploitation more meaningful by safeguarding the welfare and rights of children.

Passage - 6

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Freedom of religion includes the freedom to profess. follow and propagate any religion. Freedom of religion is subject to certain limitations. Ille govemment can impose restrictions on the practice of freedom of religion in order to protect public order, morality and health. This means that the freedom of religion is not an unlimited right. The government can interfere in religious matters for rooting out certain social evils. For example in the past, the government has taken steps banning practices like sati, bigamy or human sacrifice. Such restrictions cannot be opposed in the name of interference in right to freedom of religion.

Q1: What does freedom of religion encompass, and what are the limitations on this freedom?
Ans:

• Freedom of religion includes the right to profess, follow, and propagate any religion.
• However, this freedom is not absolute and can be subject to limitations imposed by the government.
• These limitations are designed to protect public order, morality, and health.

Q2: In what situations can the government interfere in religious matters, despite the freedom of religion?
Ans:

• The government can intervene in religious matters to eradicate specific social ills or harmful practices.
• Examples of such intervention include banning practices like sati, bigamy, or human sacrifice.

Q3: Can restrictions on religious practices be challenged on the grounds of interference with the right to freedom of religion?
Ans:

• No, restrictions on certain religious practices cannot be opposed solely on the basis of interference with the right to freedom of religion.
• The government's actions to prevent or eliminate social evils take precedence over unrestricted exercise of religious freedom in these cases.

Passage - 7

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These guidelines are 'non-justiciable' i.e., parts of the Constitution that cannot be enforced by the judlciary. "Those who framed our Constitution thought that the moral force behind these guidelines would ensure that the government would take them seriously. Besides, they expected that the people would also hold the governments responsible for implementing these directives. So, a separate list of policy guidelines is included in the Constitution. The list of these guidelines is called the Directive Principles of State Policy.

Q1: What are the guidelines referred to as "non-justiciable," and why can't they be enforced by the judiciary?
Ans:

• The guidelines mentioned as "non-justiciable" are certain provisions in the Constitution.
• They cannot be enforced by the judiciary because they are more in the nature of moral and policy recommendations rather than legally binding provisions.

Q2: What was the expectation of the framers of the Constitution regarding the implementation of these guidelines?
Ans:

• The framers of the Constitution believed that the moral force behind these guidelines would encourage the government to take them seriously.
• They also expected that the people would play a role in holding the government accountable for implementing these directives.

Q3: What is the term used to describe the list of these guidelines in the Constitution?
Ans:

• The list of these guidelines is called the "Directive Principles of State Policy."

Passage - 8

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This problem arose when the government sought to pass laws to abolish zamindari system. These measures were opposed on the ground that they violated right to property. However, keeping in mind the societal needs that are greater than the individual interests, the government amended the Constitution to give effect to the Directive Principles of State Policy. This led to a long legal battle. The executive and the judiciary took different positions. The government claimed that rights can be abridged for giving effect to Directive Principles. This argument assumed that rights were a hindrance to welfare of the people. On the other hand, the court held the view that Fundamental Rights were so important and sacred that they cannot limited even for purposes of implementing Directive Principles.

Q1: What issue prompted a conflict between the government and opponents when seeking to abolish the zamindari system, and what was the main objection?
Ans:

• The government's efforts to abolish the zamindari system raised objections on the grounds of violating the right to property.
• Opponents claimed that these measures encroached upon individual property rights.

Q2: How did the government address the conflict between individual rights and societal needs in this context?
Ans:

• The government amended the Constitution to give effect to the Directive Principles of State Policy, emphasizing the importance of societal needs over individual interests.

Q3: What differing positions did the executive and the judiciary take in this legal battle, and what was the essence of their arguments?
Ans:

• The government argued that rights could be restricted to implement Directive Principles, assuming that rights were hindrances to the welfare of the people.
• The judiciary held that Fundamental Rights were so vital and sacred that they could not be limited, even for the purpose of implementing Directive Principles.