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Kerala Plus one Political Science Chapter Wise Questions and Answers Chapter 2 Rights and Duties in the Indian Constitution
Rights and Duties in the Indian Constitution Questions and Answers
Question 1.
Which are the fundamental rights in the Indian Constitution?
Answer:
- Rights to Equality (14-18)
- Right to Freedom (19-22)
- Right against Exploitation (23-24)
- Right to Religious Freedom (25-28)
- Cultural and Educational Right (29-30)
- Right to Constitutional Remedies (32)
Question 2.
What is Bill of Rights?
Answer:
In the Constitution, there is a list of the rights of the citizens. The list of rights mentioned in, and protected by, the Constitution is called Bill of Rights. This Bill of Rights prohibits the government from doing things against the rights of the citizens. When people’s. rights are violated, the Bill of Rights gives them the remedies to seek redress.
Question 3.
Which among the following is not a fundamental right?
a) Right to Freedom
b) Right to Equality
c) Right to Property
d) Right against Exploitation
Answer:
Right to Property
Question 4.
What are the freedoms assured to citizens under Right to Freedom?
Answer:
- Right to talk freely and to express one’s opinion
- Right to call to attend meetings
- Right to organize
- Right to travel
- Right to have shelter
- Right to work, trade, commerce and industry
Question 5.
Prepare a seminar report on the topic ‘Fundamental Rights’.
Answer:
The +1 Political Science students of Kasargod Government HSS organized a seminar on the topic ‘Fundamental Rights’. Prior to the seminar, the students were divided into 6 groups and they discussed the topic. The leaders of each group presented the ideas of their group.
Contents:
a) Right to Equality: This is the basic tenet of the Indian Constitution. It has been made clear in the Preamble itself. In the past, there was no equality in the Indian society. So the Right to Equality is very important. About the Right to Equality, there are clear statements in the 3rd chapter, Articles between 14 and 18. The Right to Equality includes the following:
- Equality before Law, Equal Protection of Laws
- Protection from Discrimination
- Equality of Opportunity in employment
- Eradication of Untouchability Non-award of Titles
b) Right to Freedom
- Right to talk freely and to express one’s opinion
- Right to call to attend meetings
- Right to organize
- Right to travel,
- Right to have shelter
- Right to work, trade, commerce and industry
- Protection from undue punishment
- Individual freedom and freedom to live
- Protection against illegal arrests and imprisonment
c) Right against Exploitation:
- Articles 23 and 24 guarantees the Right against Exploitation.
- Article 23 bans immoral acts, slavery and bonded. labour.
- Child labour is prohibited.
d) Right to Freedom of Religion:
a) The Indian Constitution envisages the nation to be secular and democratic. So it gives religious freedom.
b) The Right to Religion is described in Articles 25-28.
Article 25 – The right to accept any religion and propagate it.
Article 26 – To make religious institutions and to acquire property.
Article 27 – The money used for religious purposes is tax exempted.
Article 28 – To conduct religious instructions in certain institutions.
e) Cultural and Educational Rights:
- All minorities can establish educational institutions and run them.
- Minorities are given protection in their language, script, & culture.
f) Right to Constitutional Remedies: It is not enough to list a number of rights in the Constitution. For citizens to practice them and protect them against their violations there should’provision. Right to Constitutional Remedies helps citizens to enjoy their rights. Dr Ambedkar called this Right as the “Heart and Soul” of the Constitution. This Right ensures that citizens are guaranteed of their fundamental rights. This gives Constitutional protection to the fundamental rights.
WRITS (Court Orders):
a) Habeas Corpus
b) Mandamus
c) Writ of Prohibition
d) Certiorari
e) Quo Warranto
Question 6.
What do you mean by Habeas Corpus?
Answer:
It is the Court Order to release somebody from illegal or unjust confinement
Question 7.
Indian Judiciary puts forward Writs in protecting fundamental rights. What are the various Writs?
Answer:
There are 5 Writs:
- Habeas Corpus
- Mandamus
- Writ of Prohibition
- Certiorari
- Quo Warranto
Question 8.
Which among the following is a political right?
Answer:
- Right to Property
- Right to Vote
- Right to life
- Right to get wages
Question 9.
Examine the changes that happened in the status of Right to Property after the 44th Amendment to the Constitution.
Answer:
The 44th Amendment of 1978 removed the Right to Property from the list of Fundamental Rights and made it a legal right.
Question 10.
Point out the Fundamental Duties of Indian citizens.
Answer:
In the 4th Chapter, Article 51-A, we have the Fundamental Duties of Indian citizens. These were borrowed from the Russian Constitution. Fundamental Duties of Indian citizens:-
- Obey the Constitution and respect its principles and institutions, the national flag and the national anthem.
- Respect and obey the great principles that energized our independence struggle.
- Protect and maintain the sovereignty, unity and • indivisibility of India.
- Defend the nation. When needed, give national service.
- Over and above the differences of religion, language, and region, grow a sense of unity and fraternity among people. Don’t do things that will injure the dignity of women.
- Protect our diverse culture and rich heredity.
- Protect and improve our environment – its forests, lakes, rivers and wildlife. Be sympathetic to all creatures.
- Develop a sense of science and humanity and a zeal for research and renewal.
- Protect public property and avoid violence.
- Work hard to prove yourself in personal and social spheres. Thus make the nation reach greater heights.
- It is the duty of the father or the guardian to ensure
Question 11.
Which day is observed as the Human Rights Day?
Answer:
10 December.
Question 12.
Directive Principles are included in the …. part of the Indian Constitution
Answer:
Fourth (IVth).
Question 13.
Prepare a note on the Directive Principles of State Policy.
Answer:
The 4th section of the Indian Constitution deals with the DPSP. These were borrowed from the Irish Constitution. They do not have legal backing. The DP’s can be divided into 3 – Gandhian Ideas, Socialist Principles, and Liberal principles.
Gandhian Ideas:
- formation of grama panchayats
- Development of rural industries
- Prohibition (of alcohol)
- Modem methods of agriculture and animal husbandry
- Protecting the interests of the Backward classes especially Scheduled Castes and Tribes
Socialist Principles:
- A just social order
- Right to livelihood
- Equal pay for equal work
- Avoid inequality
- Fair distribution of wealth
- Freedom from exploitation
- Fair and humane conditions at workplaces
- Prevention of the accumulation of wealth in a few private hands.
Liberal Principles:
- Formation of a Common Civil Code for the nation.
- Compulsory free education to all children below 14.
- Protect the national monuments of historical importance.
- Separate the Executive from the Judiciary.
- Help in the growth of international peace and security.
Question 14.
Categorize the following into Fundamental Rights, Directive Principles and Fundamental Duties.
1. Freedom to make organizations
2. Respect for the national flag and the national anthem
3. Protecting public property
4. Equal pay for equal work
5. Free legal help
6. Compulsory education for children
7. Common feeling of fraternity
8. No forced labour
9. Remedy by Courts
Answer:
Fundamental Rights
- Freedom to make organizations
- No forced labor
- Remedy by Courts
Directive Principles:
- Equal pay for equal work
- Free legal help
- Compulsory education for children
Fundamental Duties
- Respect for the national flag and the national anthem
- Protecting public property
- Common feeling of fraternity
Question 15.
Which of the Fundamental Rights is, in your opinion, the most important? Why?
Answer:
The Right to Constitutional Remedies. In the absence of this Right, the other five rights may be denied or violated. That is why the Right to Constitutional Remedies is qualified as the heart and soul of the Constitution. Therefore the most important right is the Right to Constitutional Remedies.
Question 16.
Which of the following is a violation of Fundamental Rights?
Answer:
a) Making children work
b) Banning a film
c) Banning a book
d) Banning the use of loudspeakers after 10 pm
e) Making a speech
Answer:
Make children work
Question 17.
Construct a table showing the differences between FR and DPSP.
Answer:
| Fundamental Rights (FR): | Directive Principles of State Policy (DPSP) |
| a) They constitute a set of negative injunctions. The State is restrained from doing some things. | a) They are suggestions to do some things. |
| b)They limit the power of the government. They ask the nation not to do some things. | b) They ask the nation to follow social and economic democracy. |
| c) They set a limit to the working of the nation. | c) They are mere suggestions. |
| d)They are based on justice and righteousness. | d)They are not defendable in the court of law. |
| e) They can be defended in the law courts. | e) If the government does not follow any DP, we can’t approach the court for remedy. |
| f) They are like orders from those in authority. | f) They are simply recommendations for making the nation better. |
Question 18.
What is the relevance, of the National Human Rights Commission?
Answer:
The National Human Rights Commission stands for the protection of Human Rights. It has the power to prevent Human Rights violations and if there are violations to give ways to solve the problem and take legal action against the violators.
Question 19.
Who is the current Chairman of the National Human Rights Commission?
Answer:
Justice K.G. Balakrishnan
Question 20.
Match the following:
| A | B |
| a) Human Rights | Writ |
| b) Quo Warranto | K.G. Balakrishnan |
| c) Chairman NHRC | Allen Gledhill |
| d) Uniform Civil Code | 10 December |
| e) The Republic of India | Directive Principles |
Answer:
| A | B |
| a) Human Rights | 10 December |
| b) Quo Warranto | Writ |
| c) Chairman NHRC | K.G. Balakrishnan |
| d) Uniform Civil Code | Directive Principles |
| e) The Republic of India | Allen Gledhill |
Question 21.
In what circumstances was the Nehru Committee formed?
Answer:
In 1927, the British Government appointed the Simon Commission to make a report orrthe Constitutional reforms to be implemented in India. All the members of this Commission were British. Therefore all the parties, including Congress, boycotted the Commission. When the protest against the Commission became very strong, the British challenged Indian leaders to make a Constitution that will be acceptable to all. The leaders accepted this challenge and appointed a sub-committee to draft the Constitution. Motilal Nehru was its chairman. In 1928, the Nehru Committee submitted its report. This is called the Nehru Report.
Question 22.
Explain the different types of Writs.
Answer:
a) Habeas Corpus: It is a Latin phrase to mean ‘Produce the Body’. This is an order which is against keeping people in illegal custody or prison. This is an order by the High Court or Supreme Court to present an arrested or detained person in the court within a certain time. If the Court feels that the person was arrested or detained without valid reason, it may order his immediate release. Habeas Corpus Writ can be issued even to individuals and organizations who may keep people in unlawful custody.
b) Mandamus: This Latin word means “We order”. When a government official does not do his duty and by that if somebody’s rights have been violated the Court issues a Mandamus. By this Writ the Court is asking the official to carry out his responsibility.
c) Prohibition: When Lower Courts step beyond their jurisdiction or act against natural justice, the higher courts (High Court or Supreme Court) issue this Writ. For example, a higher court may prohibit a judge from hearing a case in which he has some personal interest.
d) Certiorari: It is a Latin word meaning “to give information about something”. This is a Writ by which a case is moved from a lower court to a higher court. There is a difference between Prohibition and Certiorari. Prohibition is issued to prevent a lower court from exceeding its jurisdiction. Burt Certiorari is when a lower court has exceeded its limits and the higher court intervenes.
e) Quo Warranto: This Lain phrase means “By what authority”. It is a Writ issued by the High Court or Supreme Court preventing a person from occupying a post without the necessary qualifications. Through this, the Court has the right to remove an undeserving person from his position. This Writ is applicable to Public (Government) offices or jobs. Private companies won’t be affected by Quo Warranto.
Question 23.
What do Directive Principles contain?
Answer:
There are mainly three things in them:
- Suggestions regarding the goals of the nation.
- Suggestions for the formulation of the national policies.
- Rights that are not defendable in Courts.
Question 24.
Which Committee was the first one to put forward the demand for fundamental rights?
Answer:
Motilal Nehru Committee
Question 25.
In the Constitution, the articles dealing with the Right to Religion are:
a) 25 to 26
b) 25 to 27
c) 25 to 28
d) 25 to 29
Answer:
25 to 28
Question 26.
Who was the first Chairman of the first National Human Rights Commission?
Answer:
Ranganath Mishra
Question 27.
It was the ……. Amendment that removed the Right to Property from the Fundamental Rights.
Answer:
44th