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Class 11 Political Science Chapter 2 Rights in the Constitution of India
Section-A Indian Constitution
Selected Questions & Answers
A. Very Short Answer Type Questions: (Marks for each – 1)
1. How many Fundamental Rights are mentioned in the Constitution of India?
Ans: Six.
2. Can the Fundamental Rights be amended?
Ans: Yes.
3. In which amendment of the Constitution were the Fundamental Duties added for citizens?
Ans: In the 42nd Amendment of the Indian Constitution (1976).
4. In which amendment of the Constitution was the Right to Property removed from the list of Fundamental Rights?
Ans: In the 44th Amendment of the Indian Constitution (1978).
5. Are our Fundamental Rights absolute?
Ans: No.
6. In which part of the Constitution are the Fundamental Rights included?
Ans: In Part III.
7. Who is the protector of the Fundamental Rights?
Ans: The Supreme Court of India.
8. Can citizens enjoy Fundamental Rights during a state of emergency?
Ans: No.
9. From which country was the model of the Fundamental Rights incorporated in the Constitution of India taken?
Ans: From the Constitution of the United States.
10. Who can amend the Fundamental Rights?
Ans: The Parliament of India.
11. Which freedom recognizes India as a secular state?
Ans: Freedom of religion.
12. The Directive Principles are of what nature?
Ans: Economic in nature.
13. Are the Directive Principles enforceable in a court of law?
Ans: No.
14. Do the Directive Principles remain operative during a state of emergency in the country?
Ans: Yes.
15. Are the Directive Principles mandatory?
Ans: No.
16. Is there any difference between Fundamental Rights and Directive Principles?
Ans: Yes.
17. What is the real objective of the Directive Principles?
Ans: To establish a welfare state.
18. Is public opinion considered the basis of the Directive Principles?
Ans: Yes.
19. How many Fundamental Duties are included in the Constitution of India?
Ans: Eleven.
20. When was the “Human Rights” Charter adopted in the United Nations?
Ans: 10 December, 1948.
21. When was the “National Human Rights Act” established in India?
Ans: In 1993.
Short Questions and Answers: (Value of each—2)
1. What is meant by Fundamental Rights?
Ans: The rights which are very essential for a person to live a free life, which are recorded in a written Constitution and are enforceable by the courts, are called “Fundamental Rights”. The Constitution of India grants six Fundamental Rights to its citizens.
2. Which Fundamental Rights can be enjoyed even by a person who is not a citizen of a country?
Ans: Even if a person is not a citizen of a country, the following rights can be enjoyed:
(1) Equality before law, that is, the Right to Equality.
(2) The Right to Life and Personal Liberty.
(3) The Right to Freedom of Religion.
3. Mention two Fundamental Rights available for minorities in India.
Ans: The two Fundamental Rights available for minorities in India are:
(1) The right to conserve their language and culture.
(2) The right to establish their own educational institutions.
C. Medium Answer Type Questions: (Marks for each – 4)
1. Mention some limitations of the Fundamental Rights.
Ans: In Part III (Articles 12 to 35) of the Constitution of India, six Fundamental Rights are mentioned, which can be enjoyed by Indian citizens. Although these Fundamental Rights are enforceable by the courts, they have certain limitations. These are as follows:
(1) During a national emergency, Fundamental Rights may be suspended.
(2) In the case of freedom, the government may impose reasonable restrictions.
(3) The government may amend or abolish Fundamental Rights through constitutional amendments. For example, the Right to Property was removed by the 44th Amendment of the Indian Constitution (1978).
(4) Although the Right to Equality is recognized as a Fundamental Right, the government may sometimes grant special privileges to certain classes.
(5) In some cases, the government may impose reasonable restrictions on the Right to Freedom.
2. Under what circumstances can the government (the President)declare a state of emergency in the country?
Ans: The Constitution of India has granted emergency powers to the President of India. Under the following circumstances, the President may declare a state of emergency in the whole country or in any part of it:
(1) When peace in India is threatened due to external aggression or internal disturbance, or when such a threat arises.
(2) When the government of a state is unable to run the administration in accordance with the Constitution.
(3) When a financial crisis appears in the country or in any part of it.
3. Discuss the importance or significance of the Directive Principles included in the Constitution of India.
Ans: In Part IV of the Constitution of India, the framers of the Constitution included certain principles and directed the government to implement them. These principles are called the Directive Principles of State Policy. Though these principles are not enforceable by courts, they have great significance. The objective of implementing these principles is to strengthen the economic and social foundation of the country.
In a democratic state, the government gives importance to protecting the interests of the people. To protect these interests, it is necessary to follow the Directive Principles. These principles guide the country towards the establishment of a welfare state. They also promote the development of human values such as fraternity, social justice, morality, and compassion. Therefore,
The Directive Principles have great significance.
D. Essay Type Questions and Answers: (Marks for each – 6)
1. What are the Fundamental Rights included in the Constitution of India? Discuss.
Ans: In Part III (Articles 12 to 35) of the Constitution of India, six Fundamental Rights are mentioned which can be enjoyed by the citizens of India. The Fundamental Rights are discussed below:
(1) Right to Equality: Articles 12 to 18 of the Constitution mention the Right to Equality. Through these articles, the citizens of India can enjoy equal rights in different spheres.
(2) Right to Freedom: Articles 19 to 22 of the Constitution mention the Right to Freedom. These rights are:
(a) Freedom of speech and expression.
(b) Freedom to assemble peacefully without arms.
(c) Freedom to form associations or unions.
(d) Freedom to move freely throughout the territory of India.
(e) Freedom to reside and settle in any part of India.
(f) Freedom to practice any profession or to carry on any occupation, trade, or business.
(3) Right against Exploitation: The Constitution provides measures so that the weaker sections of society are not exploited by other classes and that all citizens may equally enjoy different freedoms. Articles 23 and 24 describe this right.
(4) Right to Freedom of Religion: Articles 25 to 28 mention religious freedom. According to this right, the citizens of the country can practice and propagate their own religion. The government will not show favoritism towards any religion.
(5) Cultural and Educational Rights: Through Articles 29 and 30, the citizens of India are granted cultural and educational rights irrespective of caste, religion, or language.
(6) Right to Constitutional Remedies: Articles 32 to 35 provide for the protection of the Fundamental Rights of Indian citizens. That means Fundamental Rights are enforceable in courts. If any Fundamental Right is violated by any government action or by an individual, the citizen can approach the court. The Supreme Court of India acts as the protector of these rights.
2. Discuss the main features of the Fundamental Rights mentioned in the Constitution of India.
Ans: From the study of the Fundamental Rights mentioned in the Constitution of India, the following features can be observed:
(1) Fundamental Rights are justiciable. If any person or any organ of the government interferes with these rights, a case can be filed in a court against such interference.
(2) Fundamental Rights are not absolute. They have certain limitations. The government may suspend them if necessary, such as during war, political crisis or an economic crisis.
(3) Fundamental Rights are relative. No individual can enjoy Fundamental Rights in a way that deprives other citizens of enjoying the same rights.
(4) Fundamental Rights are mainly meant for the citizens of India. Foreigners cannot enjoy all the Fundamental Rights.
(5) Fundamental Rights are amendable. According to Article 368, the Parliament of India can amend any Fundamental Right.
3. Discuss the Fundamental Duties mentioned in the Constitution of India.
Ans: In 1976, through the 42nd Amendment of the Indian Constitution, ten Fundamental Duties were added in Article 51A of the Constitution of India. These are:
(1) To abide by the Constitution and respect the National Flag and the National Anthem.
(2) To cherish and follow the noble ideals that inspired the freedom struggle.
(3) To uphold and protect the sovereignty, unity and integrity of India.
(4) To defend the country and render national service when required.
(5) To promote harmony and the spirit of brotherhood among all people of India and to renounce practices derogatory to the dignity of women.
(6) To value and preserve the rich heritage of the country’s composite culture.
(7) To protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
(8) To strive towards the progress of the nation.
(9) To safeguard public property and to renounce violence.
(10) To develop scientific temper, humanism and the spirit of inquiry and reform.
4. Discuss the Directive Principles mentioned in the Constitution of India.
Ans: In Part IV of the Constitution of India, the Directive Principles of State Policy are included in several articles. On the basis of ideals, these principles can be divided into four categories: economic principles, Gandhian principles, international principles and miscellaneous principles. These are discussed below:
(1) Economic Principles: To ensure that the citizens of India can enjoy economic freedom, certain economic principles have been laid down mainly in Articles 39 to 43. These include:
(a) Providing adequate means of livelihood to citizens.
(b) Ensuring equitable distribution of wealth.
(c) Equal pay for equal work for men and women.
(d) Improvement of working conditions of labourers.
(e) Providing assistance for the unemployed, the aged, the sick, and the disabled.
(2) Gandhian Principles: Articles 40 to 48 include Gandhian principles. These are:
(a) Establishment of the Panchayati Raj system.
(b) Development of cottage industries on an individual or cooperative basis.
(c) Providing educational facilities for weaker and backward sections, including Scheduled Castes and Scheduled Tribes.
(d) Improvement of the standard of living and prohibition of intoxicating drinks except for medicinal purposes.
(e) Organizing agriculture and animal husbandry on modern and scientific lines.
(3) International Principles: Some Directive Principles relate to the international sphere, such as:
(a) Promotion of international peace and security.
(b) Maintenance of just and honorable relations between nations.
(c) Respect for international law and treaty obligations.
(d) Encouragement of settlement of international disputes by arbitration.
(4) Miscellaneous Principles: Some principles included in Articles 44, 45, 49, and 50 may be called miscellaneous principles. These include:
(a) Establishment of a Uniform Civil Code throughout India.
(b) Provision of free education for children below 14 years of age.
(c) Protection and preservation of monuments, artistic and historical places.
(d) Separation of the judiciary from the executive.
5. Distinguish between Fundamental Rights and Directive Principles.
Ans: There are several differences between the Fundamental Rights and the Directive Principles included in the Constitution of India. These are:
(1) Fundamental Rights are justiciable, but Directive Principles are not justiciable. If any individual or government department interferes with the Fundamental Rights of citizens, a case can be filed in the High Court or the Supreme Court of India. But if Directive Principles are violated, a case cannot be filed in a court.
(2) Through Fundamental Rights, attempts have been made to safeguard certain interests of the citizens of India. On the other hand, Directive Principles aim to transform India into a welfare state.
(3) If a conflict arises between Fundamental Rights and Directive Principles, Fundamental Rights receive priority.
(4) During a national emergency, Fundamental Rights may be suspended, but Directive Principles remain in force.
(5) No new law is required for the implementation of Fundamental Rights. But for implementing Directive Principles, the government has to enact new laws from time to time.
(6) The basis of Fundamental Rights is individualism, whereas the basis of Directive Principles is social welfare.
