Short Questions With Answers - Right In The Indian Constitution Humanities/Arts Notes | EduRev

Political Science Class 11

Humanities/Arts : Short Questions With Answers - Right In The Indian Constitution Humanities/Arts Notes | EduRev

The document Short Questions With Answers - Right In The Indian Constitution Humanities/Arts Notes | EduRev is a part of the Humanities/Arts Course Political Science Class 11.
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Q. 1. Who can make amendments in the Fundamental Rights?
Ans.
Union Parliament has the power to make amendments in the Fundamental Rights.

Q. 2. What is ‘begaar’?
Ans.
‘Begaar’ is a practice where the worker is forced to do work for the master free of charge or at a nominal wage.

Q. 3. Mention one characteristic of the Right against Exploitation.
Ans.
Child labour, human trafficking, manual scavenging and forced labour are prohibited under this right.

Q. 4. Under which Article of the Constitution the Fundamental Rights can be suspended?
Ans.
Fundamental Rights can be suspended under Article 359.

Q. 5. Are Fundamental Rights absolute?
Ans.
Fundamental Rights are not absolute.

Q. 6. In which Article Right to Equality is mentioned?
Ans.
The Right to Equality has been mentioned under Articles 14–18.

Q. 7. Under which Article of the Constitution the ‘Untouchability’ has been abolished?
Ans.
Untouchability has been abolished under Article 17.

Q. 8. In which Article is Right to Liberty mentioned?
Ans.
Right to liberty is mentioned under Articles 19–22.

Q. 9. What do you understand by Directive Principles of State Policy?
Ans.
The Directive Principles of State Policy are general directives to the Government in India which they should keep in mind while formulating policies and making laws.

Q. 10. Which part of the Indian Constitution deals with Directive Principles of State Policy?
Ans. 
Part IV of the Indian Constitution deals with Directive Principles.

Q. 11. Under which articles the Directive Principles of State Policy have been mentioned?
Ans. 
The Directive Principles of State Policy have been mentioned under Articles 36–51 of the Constitution.

Q. 12. From which country the idea of Directive Principles of State Policy was borrowed by the framers of the Constitution?
Ans.
The idea of Directive Principles of State Policy had been borrowed from Ireland.

Q. 13. Are Directive Principles of State Policy justiciable?
Ans.
Directive Principles of State Policy are not justiciable.

Q. 14. What do you understand by the term Fundamental Rights?
Ans.
The legal rights stated in the Constitution are called Fundamental Rights. These rights are considered essential for the development of an individual. Citizens in India, Japan, America, Russia and Switzerland enjoy Fundamental Rights.

Q. 15.  Which Fundamental Rights are given in our Constitution?
Ans.
Part III of our Constitution mentions the following Fundamental Rights:
1. Right to Equality
2. Right to Liberty
3. Right against Exploitation
4. Right to Religious Freedom
5. Right to Culture and Education
6. Right to Constitutional Remedies.

Q. 16. Mention four salient features of the Fundamental Rights contained in the Indian Constitution.
Ans.
1. Fundamental Rights are entitled to all citizens of India without any discrimination.
2. Fundamental Rights are not absolute.
3. Fundamental Rights can be restricted or suspended.
4. Fundamental Rights are justiciable.

Q. 17.  What is meant by a Writ of Mandamus?
Ans.
‘Mandamus’ is a latin word which means ‘We command’. Mandamus is an order from a superior Court to a lower Court or tribunal or public authority to perform an act, which falls within its duty.

Q. 18. Explain the meaning of Writ of Quowarranto.
Ans. The Writ of Quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example, a person of 60 years is appointed to fill a public office, whereas the retirement age is 55. Now the appropriate High Court has a right to issue a Writ of Quo-warranto against that person and declare the office vacant.

Q. 19. Why are Fundamental Rights enumerated in the Indian Constitution?
Ans.
Fundamental Rights are included in the Constitution to uphold the dignity of the individual. The object of enshrining Fundamental Rights in the Constitution is to sustain the proposition that the system of government recognised by the Constitution embodies the concept of limited government, i.e., a government of laws and not of men. Another very important reason for the inclusion of Fundamental Rights in the Constitution of India is to create a climate of trust and confidence in the minds of minorities living in the country.

Q. 20.  Describe the importance of the Right to constitutional remedies.
Ans.
Right to constitutional remedies is the most significant right mentioned in the Constitution. This right is often described as the most fundamental of all the Fundamental Rights since all other rights given under Part III of the Constitution would become meaningless without this right. Our other rights are not only implemented by this right but safeguarded also. That is why many constitutional experts describe this right as the heart and soul of Fundamental Rights.

Q. 21. Mention the importance of Fundamental Rights.
Ans.
There is a great importance of the Fundamental Rights given in the Indian Constitution. The Fundamental Rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make the life worth living. The Fundamental Rights safeguard the individual by putting restriction on the arbitrariness of the Government.

Q. 22. How many writs can be issued under Article 32 by the Supreme Court and High Courts?
Ans.
  The Supreme Court and High Courts can issue five types of writs under Article 32 of the Constitution. These writs are:
(i) Writ of Habeas Corpus,
(ii) Writ of Mandamus,
(iii) Writ of Quo-warranto,
(iv) Writ of Prohibition,
(v) Writ of Certiorari.

Q. 23. What do you understand by Directive Principles of State Policy?
Ans.
The Directive Principles of State Policy are included in Part IV (Articles 36-51) of the Constitution. The Directive Principles of State Policy are general directives to the Government of India which they should keep in mind while formulating policies and making laws. Directive Principles are in the nature of affirmative instructions to the government to direct its activities to certain things.Directive Principles are non-justiciable. There is no legal force behind Directive Principles.

Q. 24. Explain in brief the aims of the Directive Principles.
Ans.
1. These Directive Principles aim at realisation of social and economic freedom without which political freedom has no meaning at all.
2. The aim of these principles is to establish a welfare state.
3. Article 37 declares these Directive Principles to be fundamental in the governance of the country and it shall be the duty of the state to apply the principles in making laws.
4. The aim of the Directive Principles is to promote the realisations of the high ideals set forth in the Preamble of the Constitution.

Q. 25. Explain the Right to personal liberty.
Ans. 
Articles 20 to 22 aim at protecting the individual’s life and personal liberty. Article 20 lays down:
(a) No person shall be convicted to any offence except for violation of a law in force at the time of the commission of the act charged as offence;
(b) No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence;
(c) No person shall be prosecuted and punished for the same offence more than once;
(d) No person accused of any offence shall be compelled to be a witness against himself;
(e) Article 21 provides that no person shall be deprived of his personal liberty, except procedure established by law;
(f)  No person can be arrested in any arbitrary manner nor can he be detained for an indefinite period.

Q. 26. What are the main differences between Fundamental Rights and Directive Principles?
Ans. 
Following are the main differences between Fundamental Rights and Directive Principles.  
(i) Fundamental Rights are Justiciable,while Directive Principles are not Justiciable.
(ii) Fundamental Rights are mandatory, while Directive Principle are optional. It is mandatory for the government to enforce fundamental rights but Directive Principles are optional.
(iii) Fundamental Rights are negative to prohibit the government from doing certain things. But Directive Principles are affirmative instructions to the government to do certain things.
(iv) Fundamental Rights are concerned with the individual, whereas Directive Principles concern the entire society in which the individual is a component.
(v) The aim of Fundamental Rights is Political democracy, but that of Directive Principles is Economic democracy.

Q. 27. What do you understand by Directive Principles of State Policy? Explain in brief the objectives of Directive Principles.
Ans.
The Directive Principle of State Policy are included in Part IV (Arts. 36–51) of the Constitution. The Directive Principles of State Policy are general directives to the Government  of India which they should keep in mind while formulating policies and making laws. Directive Principle are in the nature of affirmative instructions to government to direct its activities to do certain things. Directive Principles are non-justiciable as there is no legal force behind it.
Objectives. 
(a) These Directive Principles aim at realisation of social and economic freedom without which political freedom has no meaning at all.
(b) The aim of these principles is to establish a welfare state.
(c) Article 37 declares these Directive Principles to be fundamental in the governance of the country and it shall be the duty of the state to apply the principles in making laws.
(d) The aim of the Directive Principles is to promote the realisations of the high ideals set forth in the Preamble of the Constitution.

Q. 28. Mention any five directive principles given in the Constitution.
Ans. (i) The state shall strive to promote the welfare of the  people.
(ii) The state shall endeavour to secure a living wage and decent conditions of work.
(iii) The state shall take steps to establish a uniform Civil Code throughout the country.
(iv) The state shall endeavour to promote international peace and security.
(v) The state shall take steps to separate the judiciary from the executive.

Q. 29. State any four Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Ans.
The bulk of the Directive Principles aim at the establishment of a Socialist Society in India. Most of the socialistic principles are contained in Articles 38, 39, 41, 42 and 43.
(i) The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice—social, economic and political shall inform all the institutions of national life.
(ii) The State shall provide adequate means of livelihood to all citizens, men as well as women.
(iii) The State shall try to secure equitable distribution of material resources of the community with a view to ensure common good.
(iv) The State shall endeavour to secure a living wage and decent conditions of work so as to ensure the workers sufficient leisure and enjoyment of social and cultural opportunities.

Q. 30. Explain in brief the Gandhian principles as provided in the Directive Principles of the State Policy.
Ans.
Some of the Directive Principles are in accordance with Gandhian Ideology. They are as follows:
(a) The State shall organise village panchayats to enable them to function as units of Self-governments.
(b) The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
(c) The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them from social injustice and forms of exploitation.
(d) The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.

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