Important Questions: Rights & Duties in the Indian Constitution | Political Science Class 11 - Humanities/Arts PDF Download

Very Short Answer Type Questions

Q1: 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.

Q2: 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.

Q3: Write four main features of our Fundamental Rights;
Ans:

• Our Fundamental Rights are not absolute. Some reasonable restrictions can be imposed upon them.
• Fundamental Rights are justiciable.
• Fundamental Rights can be amended and can be snatched in an emergency.
• Fundamental Rights make difference between citizens and aliens.

Q4: Which liberties are givens in Art 19?
Ans: People enjoy six liberties in the Right of speech and expression given in Art-19 of the Constitution. Their liberties are as under-

• Right of speech and expression, the way they like.
• Right to assemble peacefully.
• Right to form an association.
• Right to move freely throughout the territory of India.
• Reside and settle in any part of India.
• Practice any profession, any occupation, trade, or business.

Q5: What right is given in Art 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.

Q6: 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.

Short Answer Type Questions

Q7: Explain the Right of Equality.
Ans: Right of Equality is the first Fundamental Right described from Art 14 to Art 18. This is the most significant right for the development of a citizen.

• Art 14 – gives Equality before the law and Equal Protection of law which means no one will be discriminated before the law, on the ground of caste, color, and status, and the law will be implemented in a uniform way.
• Art 15 – Prohibition of Discrimination which means no one will be discriminated at a public place, on any ground of sex, caste, color, or region.
• Art 16 – Prohibition of Discrimination in a matter of Employment.

It means that no one will be discriminated in matter of employment on any ground of each, color, sex or region and all will get equal opportunities but there can be positive discrimination to uplift these people,.who have been traditionally exploited and backward.

• Art 17 – It seeks to abolish untouchability.
• Art 18 – Abolition of titles

With the purpose of establishing an egalitarian society, unwanted titles and privileged classes are to be abolished.

Q8: Explain Light of Liberty.
Ans: Fundamental Right of Liberty is related to political and civic liberties. It has been described from Art 19 to Art 22.

Art 19 give

• Right of expression and speech.
• Right to assemble peacefully
• Right to form an association.
• Right to move anywhere in Indian territory.
• Right to settle anywhere in India.
• Right to choose any occupation, business, or trade.

Art 20. This article gives three rights.

• A person can be punished for an offense only by law which was in force at the time of the commission of an offense.
• No person can be punished twice for the same offense.
• No person can be compelled to be a witness against himself.

Art 21- It gives life and liberty. It says that the life and liberty of a person cannot be taken except with the procedure established by law.
Art 22 – It gives rights to defenses.

• No one can be arrested without telling him the reason for the arrest.
• A detained person has to be produced before a first-class magistrate within 24 hours for a fair trial.
• Such detained person has the right to have his defense through a lawyer.

Q9: 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 Art 29 to Art 30.

• Art 29 – It is provided in this Constitution that no minority whether based on religion, community, language shall be discriminated against and all minorities will be given full opportunities for their fuller development.
• Art 30 – It is provided that to promote their culture and identities, all the minorities can open educational institutions and can get financial aid from the state on the basis of equality.

Q10: 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 Art 36 to Art 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 are as under:

• Socio-economic principles
• Liberal principles
• Gandhian principles
• International Principles

These directive principles have changed the face of society.

Q11: In brief, explain the conflict between Fundamental Right and Directive Principles of State Policy.
Ans: Although Constitution makers added the chapters of Fundamental Rights and Directive principles as complementary to each other some controversy developed when land reforms were introduced, Litigations were started on the ground of violation of Fundamental Rights. The honorable court held that Parliament can amend the Fundamental Rights, but this position was reversed in the Golakhnath case in 1967 in which it was held that parliament cannot amend Fundamental Rights. To nullity the effect of the decision of the Golakhnath case, the government brought a constitutional amendment, which was again challenged in the Keshwanand case 1973. In this case, the Supreme court held that Parliament can amend any part of the constitution including Fundamental Rights but cannot change the basic structure of the Constitution. By 42nd amendment in 1976, the Fundamental Rights were made inferior to the Directive Principles of State Policy. With the increasing welfare policies of the government, Directive Principles have become more important. But ultimately Fundamental Rights and Directive Principles are not against each other but are complementary to each other as the purpose of both is the welfare and development of a citizen of India.

Q12: Explain the Fundamental Right of Constitutional Remedies. Why it is called as heart and soul of the constitution by Dr. B.R. Ambedkar?
Ans: The fundamental Right of Constitutional Remedy is given in Art 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.

Long Answer Type Questions

Q13:  Discuss the importance of Fundamental Rights and Directive Principles in the development of Indian democracy and people’s welfare.
Ans: After independence, the nation faced two important tasks ahead. First was the national reconstruction and development and the second task was to improve the socio-economic, cultural, moral, psychological standard of the people of India who have been victims of untold sufferings in the era of colonialism. Keeping in new this fact, the Constitution makers had introduced the chapter of Fundamental Rights in tire Hard part of the Constitution for the purpose of political democracy, and the chapter of Directive Principles of State Policy in the IVth part of the Constitution for the purpose of economic democracy.

With the enjoyment of Fundamental Rights, the people of India have attained new confidence and a sense of belongingness. Right of Equality has given a new face to Indian society. The sense of law vanishes. Untouchability is abolished. An equalitarian society is built up by removing the titles and privileged class. Exploitation in any form banned. As a mark of secularism people are given liberty in matters of Religion. To strengthen unity in diversity, the Right of. Education and Culture are given to linguistic, geographical, and religious minorities to ensure the availability of the rights, Art 32 Right of Constitutional Remady has made Fundamental Rights justiciable.

Similarly, Directive Principles of State Policy has helped in raising the standard of living of people, particularly of weaker sections of society like Scheduled castes, Scheduled tribes, women, backward castes, handicapped, aged, laborers and farmers. The central government and state governments respecting the directions of constitution-makers and as per welfare nature of India state, have started many welfare measures to meet the end of Directive Principles.

Some of these measures are:

• To build a socialistic pattern of society, to secure the cause of the common good.
• Removal of concentration of wealth.
• Minimum wages of laborers are fixed.
• Old age Pension Schemes.
• To improve the health of children and women.
• Protection of the environment and to provide? drinking water.
• Land Reforms implement and ceiling op property.
• Equal pay for equal work.
• Bank nationalization and Loan on cheaper rates
• Gramin Rojgar Yojna.

In this way, we can say that Fundamental Rights and Directive Principles have helped in making India a welfare state.

Q14: From where our constitutibiMoakers 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:

• The Fundamental Rights are scattered in the Constitution of the U.S.A, while in our constitution, they are described in one chapter only from Art-13 to Art 35.
• Our Fundamental Rights are not absolute while the Fundamental Rights given in the USA are absolute which means they cannot be suspended or amended.

Q15: 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 Art 25 to Art 28

• Art 25 – Gives religious liberty to every citizen i.e., to profess and practice any religion as a personal matter. The state will neither patronize any religion now discriminate against. This right establishes the secular credentials of India.
• Art 26 – Liberty of managing own religious affairs and to own, acquire, and to administer properties for a charitable purpose.
• Art 27 – It prohibits compulsory religious instructions in an educational institution maintained, recognized, or aided by the state.
• Art 28 – It gives liberty to religious institutions to take aid from the state on an equal basis.

Q16: Explain the socio-economic principles of the chapter of Directive Principles of State Policy.
Ans: Main guidelines regarding socio-economic upliftment of the people are contained in Art 38 and Art 39 of the Constitution which is as under.

• To secure a social order for the promotion of the welfare of the people and to minimize inequalities of income and status.
• To build a socialistic pattern of society.
• Equal pay for equal work.
• That the ownership and control of the material resources of the community are so distributed as best to serve the purpose of the common good.
• There should not be a concentration of wealth and were in few hands.
• To raise the standard of living of people of Sc’s, St’s and backward castes and handicaps and aged persons.
• Protection of children, women, and workers from exploitation and to ensure proper working conditions for the laborers.
• To ensure minimum wages for the workers.

Q17: Describe the Fundamental Duties of the Constitution.
Ans: Ten Fundamental Duties have been added in the Vlth Part Art 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 Fundamental duties.

• To abide by the Constitution and respect the national Flag and National Anthem.
• To cherish and follow the noble ideals which inspired the National movement,
• To protect the sovereignty, unity, and integrity of India.
• To depend on the country.
• To promote the spirit of common brotherhood amongst all the 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 policy.
• To starve towards excellence in all spheres of undivided and collective life.

Q18: 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.

Q19: Write some measures of government as part of Directive Principles of State Policy.
Ans:

• Land reforms
• The ceiling on an urban and rural property
• Nationalization of Banks
• Abolition of the princely purse
• An old-age pension scheme
• Fixed minimum wage
• Enactment of factory laws
• Cottage and small scale factory
• GraminRojgar Yojna
• Women empowerment
• Insurance schemes
• Housing development
• Removal of untouchability.
• Reservation for the upliftment of Sc’s, St’s, and backward classes.
• To check Environmental pollution.

Q20: 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 Art 44.
• To provide for provision for free and compulsory education for children Art 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.