CBSE Textbook Solutions: Salient Features of the Constitution of India | Legal Studies for Class 11 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions:

Q1. Briefly write the facts/ observation of the court with regards to the following cases-
(i) Charan Lal Sahu v. Union of India
(ii) S.R. Bommai v. Union of India
(iii) Randhir Singh v. U.O.I
(iv) M.C Mehta v. Kamal Nath
(v) Ashok Kumar Thakur v. Union of India
Ans: Court Observations on Selected Cases
(i) Charan Lal Sahu v. Union of India: The Supreme Court emphasized the importance of the right to life and personal liberty under Article 21 of the Constitution. The case highlighted the need for a fair procedure in administrative actions affecting individuals.
(ii) S.R. Bommai v. Union of India: This landmark judgment reinforced the principle of federalism and the limits of the President's power to dismiss state governments. The court ruled that the exercise of Article 356 must be based on objective material and not arbitrary discretion.
(iii) Randhir Singh v. Union of India: The Supreme Court held that the directive principles of state policy are fundamental in the governance of the country and must be enforced. The case underscored the relationship between fundamental rights and directive principles.
(iv) M.C. Mehta v. Kamal Nath: This case addressed the issue of environmental protection and the public trust doctrine. The court ruled that the state has a duty to protect the environment and that private parties cannot exploit natural resources without considering public interest.
(v) Ashok Kumar Thakur v. Union of India: The Supreme Court upheld the constitutional validity of the OBC reservation policy in educational institutions, emphasizing that affirmative action is necessary to achieve social justice and equality.

Q2. Write brief notes on-
(i) Fundamental Rights
(ii) Fundamental Duties
(iii) Preamble
(iv) Directive Principles of State Policy
Ans:
(i) Fundamental Rights: Fundamental Rights are enshrined in Part III of the Constitution of India (Articles 12-35). They guarantee essential rights to citizens, ensuring equality, freedom, and justice. These rights are justiciable, meaning they can be enforced through the courts.
(ii) Fundamental Duties: Fundamental Duties are outlined in Article 51A of the Constitution. They are moral obligations for citizens to uphold the Constitution, respect national symbols, and promote harmony and integrity among the people.
(iii) Preamble: The Preamble serves as an introduction to the Constitution, outlining its objectives such as justice, liberty, equality, and fraternity. It reflects the core values and philosophy of the Constitution.
(iv) Directive Principles of State Policy: Directive Principles are found in Part IV of the Constitution (Articles 36-51). They provide guidelines for the State to promote social and economic welfare. Unlike Fundamental Rights, they are not justiciable but aim to establish a just society.

Q3. Give one point of difference between the following -
(i) Unicameral and Bicameral legislature
(ii) Fundamental rights and Fundamental duties
(iii) Sovereign and Secular
(iv) Article 32 and Article 226
(v) Original and Advisory jurisdiction of the Supreme Court
Ans: Points of Difference
(i) Unicameral and Bicameral Legislature: A unicameral legislature consists of a single legislative chamber, while a bicameral legislature has two separate chambers (e.g., a lower house and an upper house).
(ii) Fundamental Rights and Fundamental Duties: Fundamental rights are legal rights guaranteed to individuals, protecting their freedoms and liberties, whereas fundamental duties are moral obligations prescribed by the Constitution for citizens to uphold.
(iii) Sovereign and Secular: Sovereign refers to the authority of the state to govern itself without external interference, while secular denotes the separation of religion from the state, ensuring that the government remains neutral in religious matters.
(iv) Article 32 and Article 226: Article 32 provides the right to constitutional remedies directly to the Supreme Court for the enforcement of fundamental rights, whereas Article 226 allows High Courts to issue writs for the enforcement of fundamental rights and other legal rights.
(v) Original and Advisory Jurisdiction of the Supreme Court: Original jurisdiction refers to the Supreme Court's power to hear cases for the first time, while advisory jurisdiction allows the Supreme Court to provide opinions on legal matters referred to it by the President of India.

Q4. Answer the following questions briefly-
(i) Why would one term the Constitution of India as a 'living document'?
(ii) Briefly describe the three sources of the Constitution of India.
(iii) How was the Constituent Assembly formed? What was its purpose?
(iv) When can the President of India proclaim a state of emergency? What happens during such a situation?
(v) Can the Basic structure of the Constitution be amended? Why/ why not?
Ans:
(i) Why would one term the Constitution of India as a 'living document'?
The Constitution of India is termed a 'living document' because it is designed to evolve and adapt to changing societal values, norms, and circumstances. Its provisions can be amended, and interpretations can change through judicial review, allowing it to remain relevant and effective in addressing contemporary issues.
(ii) Briefly describe the three sources of the Constitution of India.
The three primary sources of the Constitution of India are:

• British Constitution: Influenced the parliamentary system, rule of law, and the concept of individual rights.
• Government of India Act, 1935: Provided a framework for governance and federal structure, including provisions for a bicameral legislature.
• American Constitution: Inspired the adoption of fundamental rights and the concept of judicial review.

(iii) How was the Constituent Assembly formed? What was its purpose?
The Constituent Assembly was formed through elections held in 1946, where representatives were elected by the provincial assemblies. Its primary purpose was to draft the Constitution of India, ensuring it reflected the aspirations and needs of the Indian populace and establishing a framework for governance.
(iv) When can the President of India proclaim a state of emergency? What happens during such a situation?
The President of India can proclaim a state of emergency under Article 352 during war, external aggression, or armed rebellion. During an emergency, the central government can assume greater powers, and fundamental rights may be suspended, allowing for more stringent governance measures.
(v) Can the Basic structure of the Constitution be amended? Why/ why not?
No, the Basic structure of the Constitution cannot be amended. This principle was established by the Supreme Court in the Kesavananda Bharati case (1973), asserting that while the Constitution is amendable, certain fundamental features that define its identity and integrity cannot be altered.

Q5. Answer the following questions in about 200 words
(i) Describe any six features of the Constitution of India.
Ans: The Constitution of India is characterized by several key features:

• Supremacy of the Constitution: The Constitution is the supreme law of the land, and any law inconsistent with it is void.
• Fundamental Rights: It guarantees essential rights to individuals, ensuring equality, freedom, and protection against discrimination.
• Directive Principles of State Policy: These principles guide the state in policy-making, aiming for social and economic justice.
• Federal Structure: It establishes a division of powers between the central and state governments, promoting autonomy.
• Secularism: The state treats all religions equally, ensuring freedom of religion and separation of religion from the state.
• Independent Judiciary: The judiciary is independent, ensuring the rule of law and protecting the rights of citizens.

(ii) What is the importance of Fundamental Rights in a democratic country like India?
Ans: Importance of Fundamental Rights
Fundamental Rights are crucial in a democratic country like India as they safeguard individual liberties and promote equality. They empower citizens to challenge injustices and protect against arbitrary state actions. By ensuring rights such as freedom of speech, equality before the law, and protection from discrimination, these rights foster an environment where democracy can thrive. They also serve as a check on governmental power, ensuring that the state respects individual freedoms. Furthermore, the enforceability of these rights through the judiciary enhances their significance, allowing citizens to seek redressal for violations. Overall, Fundamental Rights are essential for maintaining a just and equitable society.

Q6. When can the President run the country in a unitary fashion? What are the three conditions under which it can happen? Explain.
Ans: The President of India can run the country in a unitary fashion under three specific conditions, as outlined in the Constitution of India. These conditions are:

• Emergency Caused by War, External Aggression, or Armed Rebellion (Article 352): In situations where there is a threat to the security of India or any part thereof due to war, external aggression, or armed rebellion, the President can proclaim a state of emergency. This allows the central government to assume greater powers and control over the states.
• Failure of Constitutional Machinery in States (Article 356 & 365): If the constitutional machinery in a state fails, the President can impose President's Rule in that state. This effectively places the state under the control of the central government, allowing the President to govern in a unitary manner.
• Financial Emergency (Article 360): In the event of a financial emergency, where the financial stability or credit of India is threatened, the President can declare a financial emergency. This grants the central government the authority to direct states on financial matters, thus centralizing power.

During these emergencies, the central government becomes all-powerful, and the federal structure transforms into a unitary system, allowing for more direct governance by the President.

Q7. Ajit was arrested by the police without giving any ground nor was he granted other basic rights behind the bars. Identify and explain the remedy available to him.
Ans: Remedy Available to Ajit
Ajit was arrested without being informed of the grounds for his arrest and was denied basic rights. The appropriate legal remedy available to him is the filing of a writ of habeas corpus.
Explanation of Writ of Habeas Corpus
The writ of habeas corpus is a legal instrument that protects an individual's right to personal liberty. It allows a person who is detained to seek relief from unlawful detention. The court can order the authorities to produce the detained individual before it and determine the legality of the detention.

Steps for Ajit

• Ajit or a representative can file a petition for habeas corpus in the High Court under Article 226 of the Constitution of India or in the Supreme Court under Article 32.
• The petition must state the facts of the arrest, including the lack of grounds provided and the denial of rights.
• The court will review the petition and may summon the authorities to justify the detention.

Conclusion
Through the writ of habeas corpus, Ajit can challenge his unlawful arrest and seek his release, thereby ensuring that his fundamental rights are protected.

Q8. On the question of interrelationship between Fundamental rights and Directive Principles, the Supreme court in a landmark judgement held that 'Fundamental rights and Directive Principles constitute the conscience of the Constitution'. In light of the above passage, answer the following questions: 

(i) What are Fundamental Rights and Directive Principles?
Ans: Fundamental Rights are enshrined in Part III of the Constitution of India (Articles 12-35) and guarantee basic, inalienable rights to Indian citizens. These rights are justiciable, meaning they can be enforced in a court of law. Directive Principles of State Policy are outlined in Part IV of the Constitution (Articles 36-51). They serve as guidelines for the government in policy-making and are aimed at ensuring social and economic justice. Unlike Fundamental Rights, they are non-justiciable, meaning they cannot be enforced by the courts.

(ii) Which is the landmark judgment mentioned by the Supreme Court?
Ans: The landmark judgment referred to is the Kesavananda Bharati case, where the Supreme Court held that "Fundamental Rights and Directive Principles constitute the conscience of the Constitution" and emphasized that there is no antithesis between the two; rather, they supplement each other.

(iii) Evaluate the inter-relationship between Fundamental Rights and Directive Principles.
Ans: The interrelationship between Fundamental Rights and Directive Principles is significant as both are essential for the realization of a just society. Fundamental Rights represent political and civil rights, while Directive Principles embody social and economic rights. The Supreme Court has recognized that both sets of rights are complementary. For instance, certain Directive Principles have been elevated to the status of Fundamental Rights through judicial interpretation, such as the right to equal pay for equal work and the right to a clean environment. This indicates that while Directive Principles are not enforceable, they can influence the interpretation of Fundamental Rights, thereby enhancing their importance in achieving the goals of the Constitution.

Q9: You may identify the invocation of particular writ remedy from the judgments of the Supreme Court of India or any High Court.
Ans: The invocation of particular writ remedies in India can be identified through various judgments of the Supreme Court and High Courts. Below are some notable writs and their applications:

• Habeas Corpus: This writ is used to produce a person who has been detained unlawfully. A landmark case is Sunil Batra v. Delhi Administration, where the Supreme Court emphasized the importance of personal liberty and the right to be free from unlawful detention.
• Mandamus: This writ commands a public authority to perform a duty that it is obligated to perform. In the case of State of Uttar Pradesh v. Raj Narain, the Supreme Court issued a mandamus to ensure the enforcement of the right to information.
• Quo Warranto: This writ is issued to question the authority of a person holding a public office. In University of Mysore v. C.D. Govinda Rao, the Supreme Court used this writ to challenge the appointment of a university officer who was not legally qualified for the position.
• Certiorari: This writ is used to quash the order of a lower court or tribunal. In Harish Chandra v. State of Uttar Pradesh, the Supreme Court issued certiorari to review the decision of a lower court that had exceeded its jurisdiction.
• Prohibition: This writ is issued to prevent a lower court from exceeding its jurisdiction. In the case of Chandra Kumar v. Union of India, the Supreme Court issued a prohibition against the enforcement of certain provisions that were deemed unconstitutional.

Conclusion
These writs serve as crucial tools for the enforcement of fundamental rights in India, ensuring that individuals can seek judicial intervention against unlawful actions by authorities.