CL Unit2 Answer
CL Unit2 Answer
Answer:
The Fundamental Rights are a set of rights guaranteed by the Indian Constitution to all the
citizens of India. These rights are essential for the overall development of individuals and the
nation. They act as the foundation of the democratic framework and uphold the principles of
justice, liberty, equality, and fraternity as mentioned in the Preamble of the Constitution.
Fundamental Rights ensure that every individual enjoys basic freedoms necessary for a
dignified life. These include:
Freedom of Speech and Expression (Article 19): Citizens can express their opinions
freely without fear of censorship.
Freedom of Religion (Articles 25-28): Individuals have the right to practice, profess,
and propagate any religion.
Freedom of Movement and Residence (Article 19): Citizens can move freely within
India and choose their place of residence.
These freedoms help individuals express themselves, follow their beliefs, and live without
unjust restrictions. For example, a person can peacefully protest against government policies
without fear of illegal detention, which is a hallmark of democratic rights.
2. Promotion of Equality
Equality is one of the core ideals of the Indian Constitution. The Fundamental Rights
guarantee that:
No citizen shall be discriminated against on grounds of religion, caste, gender, place
of birth, or language (Article 15).
All citizens are equal before the law and have equal protection of the law (Article 14).
There are provisions for affirmative action like reservations in education and
government jobs for Scheduled Castes (SC), Scheduled Tribes (ST), and Other
Backward Classes (OBC) to uplift historically marginalized communities.
For example, these rights ensure that a woman or a person from a lower caste has the same
legal protection and opportunities as others, promoting social justice.
This allows citizens to approach the Supreme Court or High Courts if their
Fundamental Rights are violated.
The courts can issue writs like habeas corpus, mandamus, prohibition, certiorari, and
quo warranto to protect rights.
Dr. B.R. Ambedkar called this the "heart and soul" of the Constitution because it provides a
legal mechanism to enforce rights.
Fundamental Rights provide the space for individuals to develop their personality, talents,
and abilities without oppression.
The right to privacy, freedom of thought and expression, and education help
individuals lead meaningful lives.
They create an environment where citizens can innovate, think critically, and
contribute to society.
1. Fundamental Rights
Meaning:
Fundamental Rights are the basic rights guaranteed to every citizen of India, ensuring
individual liberty, equality, and freedom. These rights are enforceable by courts, which
means if anyone’s Fundamental Rights are violated, they can approach the judiciary for
protection.
Nature:
The Indian Constitution originally provided six Fundamental Rights, but now there are
mainly six categories:
1. Right to Equality (Articles 14-18)
o Equality before the law
o Prohibition of discrimination based on religion, caste, gender, or place of birth
o Abolition of untouchability and titles
Directive Principles are guidelines or directions given to the government to frame policies
and laws to promote social and economic welfare. Unlike Fundamental Rights, Directive
Principles are non-justiciable, meaning they are not enforceable by any court. However, they
are fundamental in the governance of the country and aim to create conditions for social
justice and equality.
Nature:
There are 11 Fundamental Duties listed in the Constitution, which every citizen is expected
to follow:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem.
Every citizen must honor the Constitution which is the supreme law of the land.
Respect the National Flag and National Anthem as symbols of India’s unity and
sovereignty.
2. To cherish and follow the noble ideals which inspired the national struggle for freedom.
Remember and uphold the values and sacrifices made by freedom fighters.
Promote patriotism and national pride.
4. To defend the country and render national service when called upon to do so.
Be ready to serve the country during emergencies, war, or national crises.
Support the defense forces and contribute to national security.
5. To promote harmony and the spirit of common brotherhood among all the people of
India, transcending religious, linguistic, and regional or sectional diversities; to renounce
practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of the country’s composite culture.
Respect and protect India’s cultural diversity including languages, traditions, and
festivals.
Preserve historical monuments and cultural artifacts.
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife,
and to have compassion for living creatures.
Actively work towards environmental conservation.
Participate in efforts to control pollution and protect biodiversity.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
10. To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement.
Pursue personal and professional excellence.
Contribute effectively to the nation’s progress.
11. Who is a parent or guardian to provide opportunities for education to his child or ward
between the age of six and fourteen years.
Ensure children receive education as mandated by the Right to Education Act.
Historical Background
Focus on the welfare of the people, especially the weaker and marginalized sections.
Inspire legislation on labor welfare, education, health, environment, and rural
development.
Complement Fundamental Rights by promoting a welfare society.
It covers a wide range of civil and political rights, including rights related to liberty,
freedom of expression, voting, and justice.
Optional Protocols
Importance of ICCPR
ICCPR sets global standards for protecting civil and political freedoms.
They are fundamental in the governance of the country, meaning they must be kept
in mind by the government when making laws.
The purpose is to ensure social and economic welfare, reduce inequalities, and
promote a welfare state.
They reflect the vision of the Constituent Assembly for a democratic, socialist, and
welfare-oriented India.
Historical Background
Inspired by the Irish Constitution, which also contains directive principles.
Incorporated into the Indian Constitution based on the recommendations of the
Swaran Singh Committee.
Aimed to bridge the gap between the ideals of political democracy (freedom,
equality) and the actual socio-economic conditions of India.
2. Gandhian Principles
Organization of village panchayats and promotion of local self-government (Article
40).
Prohibition of the consumption of intoxicating drinks and drugs harmful to health
(Article 47).
Promotion of agriculture and animal husbandry (Article 48).
Protection of monuments and places of national importance (Article 49).
The Constitution of India originally provided citizenship rules in Article 5 to 11, but the
detailed procedures are now governed by the Citizenship Act, 1955, which has been
amended multiple times.
There are mainly five modes through which Indian citizenship can be acquired:
1. Citizenship by Birth
Any person born in India on or after January 26, 1950, is a citizen of India by birth,
subject to certain exceptions.
The rules for citizenship by birth have been modified by various amendments, such
as the Citizenship (Amendment) Act, 1986, and 2003.
Currently, a person born in India on or after December 3, 2004, is a citizen if either
parent is a citizen of India.
Citizenship by birth provides a simple and natural way of becoming an Indian citizen.
2. Citizenship by Descent
Citizenship by descent means acquiring citizenship through one’s parents.
A person born outside India on or after January 26, 1950, but before December 10,
1992, is an Indian citizen if their father was a citizen of India at the time of birth.
For those born after December 10, 1992, citizenship can be acquired if either parent
is an Indian citizen.
The Citizenship Act requires the birth to be registered at an Indian consulate or
embassy for acquiring citizenship by descent.
3. Citizenship by Registration
Citizenship by registration is granted to persons of Indian origin or persons married to
Indian citizens.
Foreign nationals who meet certain residency requirements and have lived in India
for a specified period can apply for registration as Indian citizens.
For example, a person of Indian origin residing outside India for seven years can
apply.
Similarly, a person married to an Indian citizen and residing in India for at least seven
years is eligible.
4. Citizenship by Naturalization
Naturalization allows foreign nationals to become Indian citizens after fulfilling
specific conditions.
The applicant must have resided in India for 12 years before applying (throughout 12
months before the application and 11 years in aggregate in the 14 years prior).
The person should be of good character, have knowledge of a language specified in
the Eighth Schedule of the Constitution, and intend to reside in India.
The government may impose additional conditions and grants citizenship at its
discretion.
This mode applies when India acquires new territory or merges with another
territory.
Residents of such territories automatically acquire Indian citizenship as per the law
passed by the Indian Parliament.
For example, when the French and Portuguese colonies were integrated into India,
citizenship was extended to residents through this mode.
Other Modes
Dual Citizenship: India does not allow dual citizenship, but it offers Overseas
Citizenship of India (OCI) status, which provides some benefits without political
rights.
Termination of Citizenship: Citizenship can be terminated through renunciation,
deprivation, or termination in specific cases such as fraud or disloyalty.
Importance of Citizenship
Citizenship is essential to exercise political rights like voting, contesting elections, and
holding public office.
Citizens are entitled to fundamental rights guaranteed by the Constitution.
They also owe duties towards the nation, such as paying taxes and obeying laws.
Q.8. What are the Modes of Losing Indian Citizenship?
Answer:
Indian citizenship is a precious legal status that defines a person’s membership in the Indian
nation and grants them rights and duties. However, there are certain conditions and
processes through which a person can lose their Indian citizenship. The Citizenship Act, 1955
along with its amendments lays down the modes of losing Indian citizenship.
There are several ways in which Indian citizenship can be lost, including renunciation,
termination, and deprivation. These modes ensure that citizenship is maintained only by
those who fulfill the legal requirements and loyalty towards India.
1. Renunciation of Citizenship
Renunciation means voluntarily giving up Indian citizenship.
Any citizen of India who is of full age and capacity can apply to the government to
renounce their citizenship.
This usually happens when a person acquires citizenship of another country and
wants to avoid dual citizenship (which India does not allow).
Upon renunciation, the person loses all rights as an Indian citizen.
Example: An Indian who becomes a citizen of the USA may renounce Indian
citizenship.
2. Termination of Citizenship
Termination means involuntary loss of citizenship.
It usually applies to persons who have acquired citizenship by registration or
naturalization.
The government may terminate citizenship if the person has been absent from India
for seven years or more continuously.
Termination leads to automatic loss of citizenship without the person’s consent.
This provision prevents abuse of citizenship by those who do not maintain a genuine
connection with India.
3. Deprivation of Citizenship
Deprivation means withdrawal of citizenship by the government due to certain
grounds.
The government can deprive a person of citizenship if it is proved that:
o The citizenship was obtained by fraud, false representation, or concealment
of material facts.
o The person has shown disloyalty to the Constitution of India.
Deprivation is a serious action and usually follows due process and inquiry.
The Fundamental Rights also support socialistic goals by promoting equality and
prohibiting discrimination.
They guide the government to adopt policies for the welfare of the weaker sections
of society, including Scheduled Castes, Scheduled Tribes, and other disadvantaged
groups.
They ensure the protection of minority rights and encourage free and fair elections.
Respect for rule of law, separation of powers, and independent judiciary is part of
this framework.
Fundamental Rights (Articles 12-35) guarantee civil liberties and protect individual
freedoms.
The Directive Principles of State Policy encourage the promotion of scientific temper
and education (Article 51A(h)).