RIGHTS IN THE INDIAN CONSTITUTION

What is the “Bill of Rights”?

 In our Constitution, we have something special called the
Bill of Rights. It’s like a list of promises the government
makes to protect our freedoms. In a democracy, it’s super
important that everyone has rights and the government
respects them all the time.
 The Bill of Rights stops the government from doing
anything that goes against our rights. And if our rights ever
get violated, it’s like having a safety net because we can
ask for help, and there’s a way to fix it.
 These special rights are described in Articles 12 to 35 of our
Constitution, which is in Part 3. This part is so important
that it’s often called the Magna Carta of India, showing just
how vital these rights are for all of us.

Fundamental Rights In the Indian

Constitution
 The idea of having a Bill of Rights was put forward way back
in 1928 by the Motilal Nehru committee.
 When our Constitution was made, it listed certain rights
that were considered super important and called them
Fundamental Rights.
 They’re so crucial that the Constitution has a special
section just for them, with extra protections to make sure
they’re always respected.

Ordinary Rights & Fundamental Rights

 Ordinary legal rights are protected and enforced by
regular laws. These laws can be changed by the
government through the usual process of making new laws.
 On the other hand, Fundamental Rights are protected
and guaranteed by the country’s constitution. They can’t be
changed easily; you’d have to change the Constitution itself
to do that.
  The judiciary, which includes our courts, has a big role in
making sure Fundamental Rights are respected. If the
government or anyone else tries to violate these rights, the
judiciary can step in and say it’s not allowed. This helps to
keep our rights safe and fair for everyone.

Fundamental Rights
 Article 14: Everyone is equal before the law, and no one can
be unfairly treated by the government.
 Article 15: Discrimination based on religion, race, caste,
sex, or birthplace is not allowed.
 Article 16: Everyone has the right to use public places like
shops, roads, and parks equally. They also have the right to
get the same opportunities for jobs in the government.
 Article 17: Untouchability, which means treating certain
people as lower than others, is not allowed.
 Article 18: Titles like “Sir” or “Madam” that show someone
is more important than others are not allowed.

Right to Freedom: (Articles 19 to 22)

 Article 19: Citizens have the freedom to express
themselves, assemble peacefully, form groups, move
around the country, live anywhere in India, and work in any
profession.
 Article 20: People have protection against unfair
punishment if they are accused of a crime.
 Article 21: Everyone, whether they are citizens or not, has
the right to live freely and safely.
 Article 22: People can’t be arrested or held in jail without a
good reason.

Right against Exploitation: (Article 23 & 24)

 Article 23: It’s illegal to force people to work or trade them
like goods.
 Article 24: Children can’t be made to work in dangerous
jobs.

Right to Freedom of Religion: (Article 25 to 28)

  Article 25: Everyone can follow their own religion and share
it with others.
 Article 26: People have the right to manage their own
religious practices.
 Article 27: No one can be forced to pay taxes to support a
particular religion.
 Article 28: People can choose to learn about and practice
their religion in certain schools.

Cultural and Educational Rights: (Articles 29 & 30)

 Article 29: Every community has the right to protect its
language, culture, and traditions.
 Article 30: Minority groups can create and manage their
own schools and colleges.

Right to Constitutional Remedies: (Article 32)

 Article 32: If someone’s rights are being violated, they can
go to court to get help and protection.

Overview of Rights
 The Constitution allows the government to introduce special
programs and initiatives aimed at improving the conditions
of specific groups in society, such as children, women, and
the socially and educationally backward classes.
 Article 16(4) explicitly states that policies like reservation,
which aim to provide opportunities to disadvantaged
groups, do not violate the right to equality.
 These provisions align with the spirit of the Constitution,
ensuring that everyone has an equal opportunity. However,
certain restrictions are placed on fundamental rights to
maintain public order, peace, and morality.

 For example, while freedom of speech and expression is

guaranteed, it is subject to restrictions to maintain public
order. Similarly, the right to assemble peacefully can be
restricted in certain areas to prevent unlawful gatherings.

What is Preventive Detention?

  Preventive detention occurs when a person is arrested
based on the suspicion that they might engage in unlawful
activities. It allows for the arrest of individuals without
formal charges and detention for up to three months.
 The government may detain or arrest individuals if it
believes they pose a threat to law and order or the peace
and security of the nation.
 The Jammu & Kashmir Public Safety Act, 1978 is an
example of a preventive detention law used to prevent
individuals from engaging in activities that could threaten
the security of Jammu & Kashmir.

What are the Rights of the Accused?

To ensure fair trials in courts, the Constitution has provided three
important rights:
1. Protection against Double Jeopardy: No person can be
punished more than once for the same offense.
2. Protection against Retroactive Laws: Laws cannot declare
actions illegal retrospectively, meaning they cannot be
applied to past actions.
3. Right against Self-Incrimination: Individuals cannot be
compelled to testify against themselves in court
proceedings.

What are the limitations on the ‘Freedom

of Religion’?

 Freedom of religion includes the freedom of conscience,

allowing individuals to choose any religion or opt not to
follow any religion at all. It also includes the liberty to
profess, follow, and propagate any religion of one’s choice.
However, there are limitations to this freedom:
1. The government can impose restrictions to safeguard
public order, morality, and health, ensuring that religious
practices do not disrupt societal harmony.
 2. This freedom is not absolute and may be subject to
reasonable restrictions.
3. Government intervention in religious matters is
permissible to eradicate certain social evils, such as
forced conversions.
4. The Constitution prohibits forcible conversions, ensuring
that individuals are not coerced into changing their
religion against their will.
5. Individuals have the right to share information about
their religion and attract others to it, within the bounds of
societal norms and legal restrictions.

Cultural & Educational Rights

Our Constitution recognizes the importance of diversity,
considering it as a strength of our nation. Hence, it safeguards
the rights of minorities as one of the fundamental rights.
Status of Minorities:
1. Minority status is not solely based on religion but also
includes linguistic and cultural factors.
2. Minorities are social groups with a common language or
religion, who are outnumbered by other groups in a
specific region or across the country.
3. They possess their unique culture, language, and script,
and have the right to preserve and enhance these
aspects.
4. Both religious and linguistic minorities are entitled to
establish their own educational institutions.
5. The government is prohibited from discriminating against
any educational institution managed by a minority
community while providing aid to educational
institutions.

Right to Constitutional Remedies

 The right to constitutional remedies as a crucial mechanism
for exercising and safeguarding fundamental rights.
 Dr. Ambedkar regarded this right as the ‘heart and soul of
the constitution’ because it empowers citizens to approach
a High Court or the Supreme Court to restore any violated
fundamental rights.
 The Supreme Court and High Courts have the authority to
issue orders and directives to the government, ensuring the
enforcement of rights as per the Constitution.
The Courts can Issue Various Special
Orders known as Writs
Writs Description

The court orders that the arrested person should be

presented before it. It can also order to set free an
Habeas arrested person if the manner or grounds of arrest are
Corpus not lawful or satisfactory.

When the court determines that a particular office

Mandamu holder is failing to perform their legal duties, thereby
s violating the rights of an individual.

Issued by a higher court, such as the High Court or

Prohibitio Supreme Court, to prevent a lower court from exceeding
n its jurisdiction in a case.

If the court finds that a person is holding office but is

Quo not entitled to hold that office. It restricts that person
Warranto from acting as an officeholder.

This court order compels a lower court or another

authority to transfer a pending matter to a higher
Certiorari authority or court for review.

Directive Principles of State Policy

 The constitution makers envisioned that the government
and the people would both uphold certain guidelines for the
betterment of society. To ensure this, a separate list of
policy guidelines was included in the Constitution, known as
the Directive Principles of State Policy.
Need:
 Independent India faced numerous challenges, including
the task of ensuring equality and well-being for all citizens.
The constitution makers believed that specific policy
directions were necessary to address these issues.
However, they did not want future governments to be
bound by rigid policy decisions.
Non-justiciable:
  Although these guidelines were incorporated into the
Constitution, they were not made legally enforceable. This
means that they are not subject to enforcement by the
judiciary.

Directive Principles Include:

The chapter on Directive Principles primarily lists three things:
1. The goals and objectives that society should adopt.
2. Certain rights that individuals should enjoy, in addition to
the Fundamental Rights.
3. Certain policies that the government should adopt.

Examples of Directive Principles Implementation:

 Governments have implemented various measures to give
effect to the Directive Principles. For instance, they have
passed zamindari abolition bills, nationalized banks,
enacted factory laws, and established minimum wage
standards. Other efforts include initiatives like the right to
education, the formation of Panchayati raj institutions
nationwide, and the implementation of schemes such as the
mid-day meal program.

National Human Right Commission (NHRC)

 The National Human Rights Commission (NHRC) is a vital
institution established by the government in 1993 to uphold
and protect human rights in India.
 Comprising esteemed members with legal expertise,
including former justices of the Supreme Court and High
Courts, the NHRC plays a crucial role in ensuring the
implementation of human rights standards.
Functions of the NHRC include:
1. Inquiry into Complaints: The NHRC has the authority to
conduct inquiries, either independently or in response to
petitions filed by victims, regarding alleged human rights
violations.
 2. Jail Visits: It conducts visits to correctional facilities to
assess the conditions of inmates and ensure they are
treated in accordance with human rights principles.
3. Research Promotion: The NHRC is actively involved in
promoting research in the field of human rights,
contributing to a deeper understanding of key issues and
challenges.

Fundamental Duties
 The fundamental duties in the constitution remind citizens
that along with enjoying their rights, they also have
responsibilities towards their country.
 They were suggested by the Swarn Singh Committee and
were added to the Constitution through the 42nd
Amendment Act in 1976, under Article 51 A.
Here are the fundamental duties:
 To abide by the Indian Constitution and respect its ideals,
institutions, the National Flag, and the National Anthem.
 To cherish and follow the noble ideals that inspired the
national struggle for freedom.
 To uphold and protect the sovereignty, unity, and
integrity of India.
 To defend the country.
 To promote harmony and the spirit of common
brotherhood among all people, regardless of religious,
linguistic, or regional differences, and to reject practices
that demean women.
 To value and preserve the rich heritage of the country’s
composite culture.
 To protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to show
compassion towards living creatures.
  To develop scientific temper, humanism, and the spirit of
inquiry and reform.
 To safeguard public property and reject violence.
 To strive for excellence in all individual and collective
activities, contributing to the nation’s progress and
achievement.
 To provide opportunities for the education of one’s child
or ward between the ages of six and fourteen years.

Important Questions:-
Question 1.
What do you mean by rights?
Answer:
Rights are conditions of social life to be given by society and
recognized by the state to promote the welfare of the people.

Question 2.
What does ‘duty’ stand for?
Answer:
Duty is the performance towards others, i.e. towards people, or nation or
society, etc.

Question 3.
What are ‘Fundamental Rights’?
Answer:
‘Fundamental Rights’ are granted by the Constitution of India to its
citizens to be mandatory for the development and progress of the people.

Question 4.
Why Fundamental Rights are important?
Answer:
Fundamental Rights are important because:
  These Rights ensure all those freedoms which make one’s life
worth living.
 Fundamental rights provide equality of status and opportunity
as well as protect individuals from any type of exploitation.

Question 5.
What does the Right to Equality stand for?
Answer:
Right to Equality stands for:

 All citizens of India are equal before law.

 This is an important right to abolish inequality among people of
different castes and religion as well as between man and
woman.

Question 6.
Who has the power to amend the Fundamental Rights?
Answer:
The Parliament has the right to amend the Fundamental Right.

Question 7.
Why Right to Freedom of Religion is an important right?
Answer:
The Right to Freedom of Religion is important because:

 Religion is a matter of faith, relates to conscience of a person.

 Citizens are free to adopt any religion.
 Citizens can opt any mode of worship as per choice.
 Citizens are free to manage their own religious affairs.

Question 8.
What is the importance of Article 21 of Indian Constitution?
Answer:
Article 21 provides protection of life and personal liberty, i.e. no person
shall be deprived of one’s life except according to the procedure
established by law of India.

Question 9.
What do you mean by ‘Right to Freedom’?
Answer:
Right to Freedom implies:

 Freedom of speech and expression.

 To assemble peacefully and without arms.
 To form associations and unions.
 To move freely inside territory of country.
Question 10.
What does the ‘Right to Life’ stand for?
Answer:
Right to Life stands for:

 To live up without fear, injury and external danger.

 Even the individual himself does not possess the right to take
away his own life, i.e. to commit suicide is also a crime before
law.

Question 11.
What do you mean by the ‘Right to Work’?
Answer:
Right to work includes:

 It is the duty of the state to provide a work to all citizens to

earn one’s own livelihood.
 There should be efforts to remove unemployment from the
society.
 Every state is responsible to make its citizens mentally and
morally fit for struggle of life.

Question 12.
What do the Fundamental Duties refer in Indian Constitution?
Answer:
The Fundamental Duties were inserted in Constitution by 42nd
Amendment in 1976:

 To remind its citizens, though they enjoy basic fundamental

rights but they are supposed to observe certain basic norms of
democratic conducts and behavior.
 A set of ten fundamental duties of citizens have been
enumerated by the amendment.

Question 13.
What are Directive Principles of State Policy?
Answer:
Directive Principles of State Policy are guidelines only to the government
which are ‘non-justiciable’. It implies:

 The goals and objectives that we as a society should adopt.

 Certain rights that an individual should enjoy apart from
Fundamental Rights.
 Certain policies that the government should adopt.

Question 1.
Write true or false against each of these statements:
(a) A Bill of Rights lays down the rights enjoyed by the people of a
country.
(b) A Bill of Rights protects the liberties of an individual.
(c) Every country of the world has a Bill of Rights.
(d) The Constitution guarantees remedy against violation of Rights.
Answer:
(a) True
(b) True
(c) False
(d) True

Question 2.
Which of the following is the best description of Fundamental Rights?
(а) All the rights an individual should have.
(b) All the rights given to citizens by law.
(c) The rights given and protected by the Constitution.
(d) The rights given by the Constitution that cannot ever be restricted.
Answer:
(c) The rights given and protected by the Constitution.

Question 3.
Read the following situations. Which Fundamental Right is being used or
violated in each case and how?
(a) Overweight male cabin crew are allowed to get promotion in the
national airlines but their women colleagues who gain weight are
penalised.
(b) A director makes a documentary film that criticises the policies of the
government.
(c) People displaced by a big dam take out a rally demanding
rehabilitation.
(d) Andhra society runs Telugu medium schools outside Andhra Pradesh.
Answer:
(a) In this situation, Right to Equality is being violated on the ground of
discrimination whereas nobody should be discriminated under the Right to
Equality on behalf of Caste, Sex, Religion, Race, etc.
(b) In the second situation the Right to Freedom of Speech and Expression
is being used.
(c) People displaced by a big dam take out a rally demanding
rehabilitation. Though our Constitution grants right to reside and settle in
any part of India in the Right to Freedom. But people have Right to
Freedom of speech and expression also. In this case, the government can
impose some restrictions to maintain law and order.
(d) This case refers to the rights of linguistic minorities to set up their own
educational institutions to preserve their culture. Hence, Andhra Pradesh
can enjoy the right to run Telugu medium schools outside Andhra Pradesh.

Question 4.
Which of the following is a correct interpretation of the Cultural and
Educational Rights?
(a) Only children belonging to the minority group that has opened
educational institution can study there.

(b) Government schools must ensure that children of the minority group will be
introduced to their belief and culture.
(c) Linguistic and religious minorities can open schools for their children and
keep it reserved for them.
(d) Linguistic and religious minorities can demand that their children must not
study in any educational institution except those managed by their own
community.
Answer:
(c) The statement of the above options is the correct interpretation because:

 Article 29(i) protects the interest of minorities in India to preserve

their own languages, script and culture.
 Article 30 provides that all minorities shall have the right to establish
and administer educational institutions of their choice.

Question 5.
Which of the following is a violation of Fundamental Rights and why?
(a) Not paying minimum wages
(b) Banning of a book
(c) Banning of loudspeakers after 9 pm.
(d) Making a speech
Answer:
(a) Not paying minimum wages is a violation of Fundamental Right
because:

 This act comes under Right against Exploitation.

 Begar, forced labour, bonded labour or not paying minimum wages
come under the Right against Exploitation.
 It has now been declared a crime and a punishable offence.

Question 6.
An activist working among the poor says that the poor don’t need
Fundamental Rights. What they need are Directive Principles to be made
legally binding. Do you agree with this? Give your reasons.
Answer:
The most basic necessities of poor people are food, cloth and shelter.
Hence, we can say that the activist is partly correct in saying that the poor
don’t need Fundamental Right.
Directive principles contain various non-justicable rights on which
livelihood of poor depends:

 Right to adequate livelihood.

 Equal pay for equal work.
 Right against economic exploitation.
 Right to work.
But, we cannot ignore Fundamental Rights which are important to
guarantee the Right to Life, Employment and Right against Exploitation.

Question 7.
Several reports show that caste groups previously associated with
scavenging are forced to continue in this job. Those in positions of
authority refuse to give them any other job. Their children are
discouraged from pursuing education. Which of their Fundamental Rights
are being violated in this instance?
Answer:
In this instance, the following Fundamental Rights are being violated:

 Right to Freedom: Under the situation given here the Right to

freedom of profession of an Indian citizen has been violated due to
force to continue in their jobs and to be refused the other jobs.
 Culture and Educational Rights: The cultural and educational rights
are also violated due to discourage of their children from pursuing
education because every child has the right to get admission to any
government or government aided educational institution.
 Right to Equality: The Untouchability has also been abolished and
everyone has the right to equal opportunities in employment
because all the citizens are equal before law. Hence, right to equality
is also violated.

Question 8.
A petition by a human rights group drew attention of the court to the
condition of starvation and hunger in the country. Over five crore tonnes
of food grains was stored in the godowns of the Food Corporation of India.
Research shows that a large number of ration cardholders do not know
about the quantity of food grains they can purchase from fair price shops.
It requested the court to order the government to improve its public
distribution system
(a) Which different rights does this case involve? How are these rights
interlinked?

(b) Should these rights form part of the right to life?

Answer:
(a) This case involves the following rights:

 Right to Equality where everybody is equal before law and enjoys

equal protection of law. This case refers that a large number of ration
card holders do not know about quality of food grains from ration
shops.
 Right against exploitation due to ration shop owners exploit these
ignorant people who are not having equal protection of law.
 Right to life due to some of the people do not have knowledge about
how much quantity can be purchased from ration shops, hence may
starve in want of food.
  Right to Constitutional Remedies is also involved because human
rights group drew attention of the court to condition of saturation
and hunger in the country.

(b) Yes, all these rights should form the part of the right to life.

Question 9.
Read the statement by Somnath Lahiri in the Constituent Assembly
quoted in this chapter. Do you agree with him? If yes, give instances to
prove it. If not, give arguments against his position.
Answer:
After reading Somnath Lahiri’s statement (on page 36 NCERT Textbook).
We agree with Lahiri’s views because a police constable vigil over
unlawful activities to maintain law and order into the society. Maximum
fundamental rights work under this framework only as if, these are
violated and requires remedial order by the court later on. These rights do
not include:

 Right to adequate livelihood

 Equal pay for equal work
 Right to work
 Right against Economic Exploitation

These are substantive to human life and should be incorporated as

fundamental rights of people.

Question 10.
Which of the Fundamental Rights is in your opinion the most important
right? Summarise its provisions and give arguments to show why it is
most important.
Answer:
In my opinion, the Right to Constitutional Remedies is considered as the
‘heart and soul’ of Constitution, hence important, because:

A citizen can approach to the Supreme court or High court under this
right, in case of violation of any of the fundamental rights.

The court can issue some special orders for the enforcement of these
fundamental rights under the title of:

 Habeas corpus
 Mandamus
 Prohibition
 Quo Warranto
 Certiorari

Under the above mentioned writs, the fundamental rights are defendable.
Class 11 Political Science Chapter 2 NCERT
Extra Questions Solved
Class 11 Political Science Chapter 2 NCERT Very Short Answer
Type Questions

Question 1.
What do you mean by rights?
Answer:
Rights are conditions of social life to be given by society and recognized
by the state to promote welfare of the people.

Question 2.
What does ‘duty’ stand for?
Answer:
Duty is the performance towards others, i.e. towards people, or nation or
society, etc.

Question 3.
What are ‘Fundamental Rights’?
Answer:
‘Fundamental Rights’ are granted by the Constitution of India to its
citizens to be mandatory for the development and progress of the people.

Question 4.
Why Fundamental Rights are important?
Answer:
Fundamental Rights are important because:

 These Rights ensure all those freedoms which make one’s life worth
living.
 Fundamental rights provide equality of status and opportunity as well
as protect individuals from any type of exploitation.

Question 5.
What does the Right to Equality stand for?
Answer:
Right to Equality stands for:

 All citizens of India are equal before law.

 This is an important right to abolish inequality among people of
different castes and religion as well as between man and woman.

Question 6.
Who has the power to amend the Fundamental Rights?
Answer:
The Parliament has the right to amend the Fundamental Right.

Question 7.
Why Right to Freedom of Religion is an important right?
Answer:
The Right to Freedom of Religion is important because:

 Religion is a matter of faith, relates to conscience of a person.

 Citizens are free to adopt any religion.
 Citizens can opt any mode of worship as per choice.
 Citizens are free to manage their own religious affairs.

Question 8.
What is the importance of Article 21 of Indian Constitution?
Answer:
Article 21 provides protection of life and personal liberty, i.e. no person
shall be deprived of one’s life except according to the procedure
established by law of India.

Question 9.
What do you mean by ‘Right to Freedom’?
Answer:
Right to Freedom implies:

 Freedom of speech and expression.

 To assemble peacefully and without arms.
 To form associations and unions.
 To move freely inside territory of country.

Question 10.
What does the ‘Right to Life’ stand for?
Answer:
Right to Life stands for:

 To live up without fear, injury and external danger.

 Even the individual himself does not possess the right to take away
his own life, i.e. to commit suicide is also a crime before law.

Question 11.
What do you mean by the ‘Right to Work’?
Answer:
Right to work includes:

 It is the duty of the state to provide a work to all citizens to earn

one’s own livelihood.
 There should be efforts to remove unemployment from the society.
  Every state is responsible to make its citizens mentally and morally
fit for struggle of life.

Question 12.
What do the Fundamental Duties refer in Indian Constitution?
Answer:
The Fundamental Duties were inserted in Constitution by 42nd
Amendment in 1976:

 To remind its citizens, though they enjoy basic fundamental rights

but they are supposed to observe certain basic norms of democratic
conducts and behavior.
 A set of ten fundamental duties of citizens have been enumerated by
the amendment.

Question 13.
What are Directive Principles of State Policy?
Answer:
Directive Principles of State Policy are guidelines only to the government
which are ‘non-justiciable’. It implies:

 The goals and objectives that we as a society should adopt.

 Certain rights that an individual should enjoy apart from
Fundamental Rights.
 Certain policies that the government should adopt.

Question 14.
Are there some exceptions to the Right to Equality? Explain.
Answer:
Yes, there are two exceptions to the Right to Equality:

 Right to Equality refers to making special provisions for women and

children, SCs and STs, OBCs.
 Right to Equality emphasises not to discriminate against anyone in
the matter of employment but special provisions have been made for
the reservation of post for backward classes.

Question 15.
Mention any two discrimination’s against women in our society.
Answer:

 Normally women are low paid workers rather than a man as well as
women are not economically independent.
 Women are illiterate in our society which is the main reason for the
backwardness of women. Mostly parents prefer education of a boy-
child rather than a girl-child.

Question 16.
Mention the features of the writ of mandamus.
Answer:
  This is issued by the Supreme Court to Lower Court, an official or an
association.
 It protects the right of a petitioner and gets some duty done by the
authority to whom writ is issued.
 The Supreme Court issues the writ to protect fundamental rights but
the high court is empowered to issue it for other purposes also
except safeguarding the Rights only.

Question 17. What do you mean by the writ Quo Warranto?

Answer:

 Quo warranto issued to an individual who has usurped a public

office.
 It is issued only if there is no other way to come out of
grievances.
 In reply to Quo warranto the person concerned has to legally
prove his right to hold the office, otherwise the court can get
office vacated.

Question 18.
Mention the six Fundamental Rights granted by the Constitution of India
alongwith importance of these rights.
Answer:
The Constitution of India guarantees six Fundamental Rights as follows:

 Right to Equality
 Right to Freedom
 Right against Exploitation
 Right to Freedom of Religion
 Cultural and Educational Rights
 Right to Constitutional Remedies These rights are of great
importance because:
 These rights assure a man for his overall development.
 Without these rights, one’s life cannot be made worth living.
 If these rights are violated, the court is responsible to justice.

Question 1.
Write true or false against each of these statements:
(a) A Bill of Rights lays down the rights enjoyed by the people of a
country.
(b) A Bill of Rights protects the liberties of an individual.
(c) Every country of the world has a Bill of Rights.
(d) The Constitution guarantees remedy against violation of Rights.
Answer:
(a) True
(b) True
(c) False
(d) True
Question 2.
Which of the following is the best description of Fundamental Rights?
(а) All the rights an individual should have.
(b) All the rights given to citizens by law.
(c) The rights given and protected by the Constitution.
(d) The rights given by the Constitution that cannot ever be restricted.
Answer:
(c) The rights given and protected by the Constitution.

Question 3.
Read the following situations. Which Fundamental Right is being used or
violated in each case and how?
(a) Overweight male cabin crew are allowed to get promotion in the
national airlines but their women colleagues who gain weight are
penalised.
(b) A director makes a documentary film that criticises the policies of the
government.
(c) People displaced by a big dam take out a rally demanding
rehabilitation.
(d) Andhra society runs Telugu medium schools outside Andhra Pradesh.
Answer:
(a) In this situation, Right to Equality is being violated on the ground of
discrimination whereas nobody should be discriminated under the Right to
Equality on behalf of Caste, Sex, Religion, Race, etc.
(b) In the second situation the Right to Freedom of Speech and Expression
is being used.
(c) People displaced by a big dam take out a rally demanding
rehabilitation. Though our Constitution grants right to reside and settle in
any part of India in the Right to Freedom. But people have Right to
Freedom of speech and expression also. In this case, the government can
impose some restrictions to maintain law and order.
(d) This case refers to the rights of linguistic minorities to set up their own
educational institutions to preserve their culture. Hence, Andhra Pradesh
can enjoy the right to run Telugu medium schools outside Andhra Pradesh.

Question 4.
Which of the following is a correct interpretation of the Cultural and
Educational Rights?
(a) Only children belonging to the minority group that has opened
educational institution can study there.

(b) Government schools must ensure that children of the minority group will be
introduced to their belief and culture.
(c) Linguistic and religious minorities can open schools for their children and
keep it reserved for them.
(d) Linguistic and religious minorities can demand that their children must not
study in any educational institution except those managed by their own
community.
Answer:
(c) The statement of the above options is the correct interpretation because:

 Article 29(i) protects the interest of minorities in India to preserve

their own languages, script and culture.
 Article 30 provides that all minorities shall have the right to establish
and administer educational institutions of their choice.

Question 5.
Which of the following is a violation of Fundamental Rights and why?
(a) Not paying minimum wages
(b) Banning of a book
(c) Banning of loudspeakers after 9 pm.
(d) Making a speech
Answer:
(a) Not paying minimum wages is a violation of Fundamental Right
because:

 This act comes under Right against Exploitation.

 Begar, forced labour, bonded labour or not paying minimum wages
come under the Right against Exploitation.
 It has now been declared a crime and a punishable offence.

Question 6.
An activist working among the poor says that the poor don’t need
Fundamental Rights. What they need are Directive Principles to be made
legally binding. Do you agree with this? Give your reasons.
Answer:
The most basic necessities of poor people are food, cloth and shelter.
Hence, we can say that the activist is partly correct in saying that the poor
don’t need Fundamental Right.
Directive principles contain various non-justicable rights on which
livelihood of poor depends:

 Right to adequate livelihood.

 Equal pay for equal work.
 Right against economic exploitation.
 Right to work.

But, we cannot ignore Fundamental Rights which are important to

guarantee the Right to Life, Employment and Right against Exploitation.

Question 7.
Several reports show that caste groups previously associated with
scavenging are forced to continue in this job. Those in positions of
authority refuse to give them any other job. Their children are
discouraged from pursuing education. Which of their Fundamental Rights
are being violated in this instance?
Answer:
In this instance, the following Fundamental Rights are being violated:

 Right to Freedom: Under the situation given here the Right to

freedom of profession of an Indian citizen has been violated due to
force to continue in their jobs and to be refused the other jobs.
 Culture and Educational Rights: The cultural and educational rights
are also violated due to discourage of their children from pursuing
education because every child has the right to get admission to any
government or government aided educational institution.
 Right to Equality: The Untouchability has also been abolished and
everyone has the right to equal opportunities in employment
because all the citizens are equal before law. Hence, right to equality
is also violated.

Question 8.
A petition by a human rights group drew attention of the court to the
condition of starvation and hunger in the country. Over five crore tonnes
of food grains was stored in the godowns of the Food Corporation of India.
Research shows that a large number of ration cardholders do not know
about the quantity of food grains they can purchase from fair price shops.
It requested the court to order the government to improve its public
distribution system
(a) Which different rights does this case involve? How are these rights
interlinked?

(b) Should these rights form part of the right to life?

Answer:
(a) This case involves the following rights:

 Right to Equality where everybody is equal before law and enjoys

equal protection of law. This case refers that a large number of ration
card holders do not know about quality of food grains from ration
shops.
 Right against exploitation due to ration shop owners exploit these
ignorant people who are not having equal protection of law.
 Right to life due to some of the people do not have knowledge about
how much quantity can be purchased from ration shops, hence may
starve in want of food.
 Right to Constitutional Remedies is also involved because human
rights group drew attention of the court to condition of saturation
and hunger in the country.

(b) Yes, all these rights should form the part of the right to life.

Question 9.
Read the statement by Somnath Lahiri in the Constituent Assembly
quoted in this chapter. Do you agree with him? If yes, give instances to
prove it. If not, give arguments against his position.
Answer:
After reading Somnath Lahiri’s statement (on page 36 NCERT Textbook).
We agree with Lahiri’s views because a police constable vigil over
unlawful activities to maintain law and order into the society. Maximum
fundamental rights work under this framework only as if, these are
violated and requires remedial order by the court later on. These rights do
not include:

 Right to adequate livelihood

 Equal pay for equal work
 Right to work
 Right against Economic Exploitation

These are substantive to human life and should be incorporated as

fundamental rights of people.

Question 10.
Which of the Fundamental Rights is in your opinion the most important
right? Summarise its provisions and give arguments to show why it is
most important.
Answer:
In my opinion, the Right to Constitutional Remedies is considered as the
‘heart and soul’ of Constitution, hence important, because:

A citizen can approach to the Supreme court or High court under this
right, in case of violation of any of the fundamental rights.

The court can issue some special orders for the enforcement of these
fundamental rights under the title of:

 Habeas corpus
 Mandamus
 Prohibition
 Quo Warranto
 Certiorari

Under the above-mentioned writs, the fundamental rights are defendable.

Question 1.
What do you mean by rights?
Answer:
Rights are conditions of social life to be given by society and recognized
by the state to promote the welfare of the people.

Question 2.
What does ‘duty’ stand for?
Answer:
Duty is the performance towards others, i.e. towards people, or nation or
society, etc.

Question 3.
What are ‘Fundamental Rights’?
Answer:
‘Fundamental Rights’ are granted by the Constitution of India to its
citizens to be mandatory for the development and progress of the people.

Question 4.
Why Fundamental Rights are important?
Answer:
Fundamental Rights are important because:

 These Rights ensure all those freedoms which make one’s life worth
living.
 Fundamental rights provide equality of status and opportunity as well
as protect individuals from any type of exploitation.

Question 5.
What does the Right to Equality stand for?
Answer:
Right to Equality stands for:

 All citizens of India are equal before law.

 This is an important right to abolish inequality among people of
different castes and religion as well as between man and woman.

Question 6.
Who has the power to amend the Fundamental Rights?
Answer:
The Parliament has the right to amend the Fundamental Right.

Question 7.
Why Right to Freedom of Religion is an important right?
Answer:
The Right to Freedom of Religion is important because:

 Religion is a matter of faith, relates to conscience of a person.

 Citizens are free to adopt any religion.
 Citizens can opt any mode of worship as per choice.
 Citizens are free to manage their own religious affairs.

Question 8.
What is the importance of Article 21 of Indian Constitution?
Answer:
Article 21 provides protection of life and personal liberty, i.e. no person
shall be deprived of one’s life except according to the procedure
established by law of India.

Question 9.
What do you mean by ‘Right to Freedom’?
Answer:
Right to Freedom implies:

 Freedom of speech and expression.

 To assemble peacefully and without arms.
 To form associations and unions.
 To move freely inside territory of country.

Question 10.
What does the ‘Right to Life’ stand for?
Answer:
Right to Life stands for:

 To live up without fear, injury and external danger.

 Even the individual himself does not possess the right to take away
his own life, i.e. to commit suicide is also a crime before law.

Question 11.
What do you mean by the ‘Right to Work’?
Answer:
Right to work includes:

 It is the duty of the state to provide a work to all citizens to earn

one’s own livelihood.
 There should be efforts to remove unemployment from the society.
 Every state is responsible to make its citizens mentally and morally
fit for struggle of life.

Question 12.
What do the Fundamental Duties refer in Indian Constitution?
Answer:
The Fundamental Duties were inserted in Constitution by 42nd
Amendment in 1976:

 To remind its citizens, though they enjoy basic fundamental rights

but they are supposed to observe certain basic norms of democratic
conducts and behavior.
 A set of ten fundamental duties of citizens have been enumerated by
the amendment.

Question 13.
What are Directive Principles of State Policy?
Answer:
Directive Principles of State Policy are guidelines only to the government
which are ‘non-justiciable’. It implies:

 The goals and objectives that we as a society should adopt.

 Certain rights that an individual should enjoy apart from
Fundamental Rights.
 Certain policies that the government should adopt.

Question 14.
Are there some exceptions to the Right to Equality? Explain.
Answer:
Yes, there are two exceptions to the Right to Equality:

 Right to Equality refers to making special provisions for women and

children, SCs and STs, OBCs.
 Right to Equality emphasises not to discriminate against anyone in
the matter of employment but special provisions have been made for
the reservation of post for backward classes.

Question 15.
Mention any two discrimination’s against women in our society.
Answer:

 Normally women are low paid workers rather than a man as well as
women are not economically independent.
 Women are illiterate in our society which is the main reason for the
backwardness of women. Mostly parents prefer education of a boy-
child rather than a girl-child.

Question 16.
Mention the features of the writ of mandamus.
Answer:

 This is issued by the Supreme Court to Lower Court, an official or an

association.
 It protects the right of a petitioner and gets some duty done by the
authority to whom writ is issued.
 The Supreme Court issues the writ to protect fundamental rights but
the high court is empowered to issue it for other purposes also
except safeguarding the Rights only.

Question 17. What do you mean by the writ Quo Warranto?

Answer:

 Quo warranto issued to an individual who has usurped a public office.

 It is issued only if there is no other way to come out of grievances.
 In reply to Quo warranto the person concerned has to legally prove
his right to hold the office, otherwise the court can get office
vacated.
Question 18.
Mention the six Fundamental Rights granted by the Constitution of India
alongwith importance of these rights.
Answer:
The Constitution of India guarantees six Fundamental Rights as follows:

 Right to Equality
 Right to Freedom
 Right against Exploitation
 Right to Freedom of Religion
 Cultural and Educational Rights
 Right to Constitutional Remedies These rights are of great
importance because:
 These rights assure a man for his overall development.
 Without these rights, one’s life cannot be made worth living.
 If these rights are violated, the court is responsible to justice.

Question 19.
Which fundamental rights of Constitution protect the interest of
minorities?
Answer:
The following Fundamental Rights especially protect the interests of
minorities:

Right to Freedom of Religion The minorities have been given the right and
freedom to follow any of the religions as per their choices.

Cultural and Educational Right

 Minorities have right to protect and preserve their own culture,

language, etc.
 The minorities can establish their own educational institutions for
preserving their own culture.

Question 20.
Mention some Fundamental Duties of Indian Citizens.
Answer:
In 1976, by 42nd Amendment of the Constitution, ten fundamental duties were
inserted. Some of them are as follows:
i) To safeguard the sovereignty and integrity of the nation.
ii) To protect the country and even to serve whenever needed.
(iii) To protect and safeguard those great ideals with which we succeeded in the
national struggle.
(iv) To abide by the Constitution and to respect its ideals, National flag and
National Anthem.
Answer:
(i) The Fundamental Rights are not absolute because some restrictions can be
imposed in the interest of public order, decency or morality.
(ii) These rights are justiciable.
(iii) The state cannot make a law which may violate the Fundamental Rights.
(iv) Some rights are available to all as the Right to Life and personal liberty and
some rights are available to only citizens as the Right to Freedom of speech and
expression.

Question 21.
Write a note on “National Human Rights Commission”.
Answer:
National Human Rights Commission (NHRC) is composed of:

 A former chief justice of Supreme Court of India.

 A former Judge of Supreme Court.
 A former Chief Justice of a High Court.
 Two other members who have knowledge and practical
experience in the matters relating to human rights.

The commission’s functions are to receive complaints of:

 Custodial deaths
 Custodial rape
 Disappearance
 Police excesses
 Failure in taking action
 Indignity to women

The commission’s most significant intervention has been in the case of

disappeared youth in Punjab and investigation and trial of Gujarat riot
cases. The commission does not have the power of prosecution, it can
merely make recommendations.

Question 22.
What do you mean by Right to Property and Work?
Answer:

 In 1978, by 44th Amendment to the Constitution the ‘Right to

Property’ was removed from the list of Fundamental Rights and
scheduled as a legal right under article 300 A.
 Right to Property provides citizens with incentives to work to
achieve their desired goals.
 Property may be immovable like houses, farms or movable like
cash, jewellery and furniture.
 Right to Work is another right to be possessed by citizens.
 It is the duty of society to provide every citizen with work,
adequate means of livelihood and reasonable hours of work.

Question 23.
“Rights and Duties are interrelated with each other”. Justify the
statement.
Answer:
Rights and Duties go hand in hand:

 Rights help to develop one’s personality while duties help

others to develop their personalities.
 We own rights but we owe duties.
 Duties are our obligations towards others whereas Rights are
other’s obligations towards us.
 Rights are incomplete without duties whereas duties are
meaningless without rights. Hence, it can be concluded that
Rights and Duties are the two sides of the same coin.

Question 24.
Discuss the importance of the Article 16 of the Constitution in reference of
fulfillment of the Right to Equality of opportunity?
Answer:

 Our Constitution mentions Equality of Status and Equality of

Opportunity.
 The government is supposed to implement special schemes
and measures to improve the conditions of certain sections of
society.
 There is provision for reservations in jobs and admissions for
children, women and socially and educationally backward
classes despite we follow the principle of equality.
 Article 16 (4): explicitly clarifies that a policy of reservation will
not be seen as a violation of Right to Equality. If we try to find
out the spirit of Constitution this is required for the fulfillment
of the Right to Equality of opportunity.
 Article 16 (4): nothing in this article shall prevent the state
from making any provision for the reservation of appointments
or posts in favour of any backward class of citizens which, in
the opinion of State, is not adequately represented in the
services under the State.

Question 25.
What do you mean by Right against Exploitation?
Answer:
 The Constitution prohibits ‘traffic’, i.e. selling, letting or
disposing of men and women like goods, especially women and
girl for immoral purposes.
 The Constitution prohibits Begar or bonded labour, i.e. to make
a person to work against his will and not to pay him genuine
wages also.
 No child under the age of 14 years shall be employed in any
factory or hazardous work.
 Children are the asset of a nation, hence they should be
protected from abuse and exploitation.