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Citizens’ Rights in a Democracy: NBSE Class 9 Social Science
Get notes, questions, solutions, textual answers, pdf, and extras for chapter 15: Citizens’ Rights in a Democracy, which is a part of the social science class 9 syllabus for students studying under the Nagaland Board of School Education. However, these notes should be used only for references and additions/modifications should be made as per the requirements.
If you notice any errors in the notes, please mention them in the comments
Introduction
Rights are those conditions of life without which no man can seek to be himself at his best. They are freedoms and powers that are necessary for personal development and the common good. All major constitutions in the world guarantee certain basic rights to their citizens, enjoyed by all citizens irrespective of their caste, creed, gender, or religion. These rights give citizens protection against the state becoming autocratic, and that is why they are called “Fundamental Rights.”
In this chapter, you will learn in detail about a few of those fundamental rights and how they are protected in a country, particularly in the context of India. In India, it is the responsibility of the judiciary to make sure that the citizens of the country enjoy fundamental rights and that the government does not become an autocratic one.
Textual questions and answers
Choose the correct answer
1. The Right to Freedom of Religion grants:
A. Liberty to practise one’s faith and form of worship.
B. Liberty to the state to promote or propagate any one particular religion.
C. To give religious instructions in institutions run by state funds.
D. Liberty to manage the religious affairs of others.
Answer: A. Liberty to practise one’s faith and form of worship.
2. The Right to Education provides free and compulsory education to all the children between:
A. 6-10 years
B. 6-14 years
C. 6-18 years
D. 6-12 years
Answer: B. 6-14 years
3. Which of the following statements is incorrect regarding the Fundamental Rights?
A. There are mainly seven Fundamental Rights.
B. They are guaranteed to all citizens of India.
C. A citizen can move the Supreme Court in case of infringement of his/her Fundamental Right.
D. These rights are guaranteed to only those citizens who are above the age of 25 years.
Answer: D. These rights are guaranteed to only those citizens who are above the age of 25 years.
4. When were the Fundamental Duties added to the Constitution?
A. 1948
B. 1976
C. 1978
D. 1985
Answer: B. 1976
5. Identify the correct option that describes the Fundamental Right given below.
I. Equality before law
II. Abolitions of untouchability
III. Prohibits discrimination of any kind
A. Right to Freedom
B. Right against Exploitation
C. Right to Equality
D. Right to Constitutional Remedies
Answer: C. Right to Equality
6. Consider the statements given below and choose the correct answer.
Statement I: A Judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India
Statement II: A permanent Judge of High Court shall not plead or act in a court or before any authority of India, except the Supreme Court.
A. Statement I is correct and II is incorrect
B. Statement I is incorrect and II is correct
C. Both I and II are incorrect
D. Both I and II are correct
Answer: D. Both I and II are correct
7. Mr. Sharma has been confined in a prison for 5 days without any solid reason. His relatives move the Supreme Court against his illegal confinement. Which of the following writs was issued by the Supreme Court?
A. Mandamus
B. Prohibition
C. Certiorari
D. Habeas Corpus
Answer: D. Habeas Corpus
Very short answer type questions
1. Which fundamental right is called the heart and soul of the Indian Constitution? [HOTS]
Answer: The Right to Constitutional Remedies is the heart and soul of our Constitution.
2. What are Rights?
Answer: Rights are those conditions of life without which no man can seek to be himself/herself at his best.
3. Define Fundamental Rights.
Answer: All major constitutions of the world guarantee to their citizen certain basic rights, enjoyed by all the citizens irrespective of their caste, creed, gender or religion. These are called Fundamental Rights.
Short answer type questions
1. Explain the terms: (i) Certiorari
Answer: This writ is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
(ii) Mandamus
Answer: This means “we command” in Latin and under this a person holding a public office is commanded to perform what is his/her legal duty.
(iii) Quo Warranto
Answer: This is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
2. Explain the right to freedom of speech and expression.
Answer: The right to freedom of speech and expression is one of the essential features of any democracy which allows people to voice their opinions and ideas freely. But we cannot use it to incite people to rebel against the government. Nor can we use it to defame others causing damage to a person’s reputation.
3. Mention any six Fundamental Duties.
Answer: Any five fundamental duties are:
i. To abide by the Constitution and respect the national flag and the national anthem
ii. To protect the sovereignty, unity and integrity of India.
iii. To preserve the rich heritage of our composite culture.
iv. To protect and improve the national environment.
v. To strive towards excellence in all spheres of individual and collective activity.
vi. To safeguard public property.
4. Mention the Seven Fundamental Rights.
Answer: The seven Fundamental Rights are:
i. Right to Equality.
ii. Right to Freedom.
iii. Right against Exploitation.
iv. Right to Freedom of Religion.
v. Cultural and Educational Rights.
vi. Right to Constitutional Remedies.
vii/ Right to Education.
Long answer type questions
1. Discuss the various writs that the courts can issue to protect the rights of citizens.
Answer: The various writs that the courts can issue to protect the rights of citizens are:
i. Habeas Corpus: A wrongfully detained person can avail of it. Using this, those who have detained a person are commanded to inform him/her of the cause of arrest. If the reason is insufficient, the detainee or prisoner is at once released.
ii. Mandamus: This means “we command” in Latin, and under this, a person holding a public office is commanded to perform what is his/her legal duty.
iii. Prohibition: This prohibits an inferior court from exercising powers with which it is not legally vested.
iv. Certiorari: This writ is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
v. Quo Warranto: This is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
2. Discuss the economic and educational rights of the citizens.
Answer: The economic rights of citizens include the right to work, earn a reasonable wage, and fulfil basic needs. When it comes to educational rights, Article 21A was added as a new article by the Constitution (86th Amendment) Act 2002, which provides for free and compulsory education for all children between the ages of 6 to 14 years. Further, India is a multi-religious, multi-cultural and multi-lingual country. Consequently, the right to conserve one’s language, script, and culture as well as the right to establish educational institutions has also been established.
3. ‘The Right to Freedom’ is a cluster of six freedoms. Discuss.
Answer: Freedom means that others do not interfere in our affairs. By others, one means the government as well as individuals. We do not want to be dictated to by others. The Six Freedoms given to us by this right are:
i. Freedom of speech and expression.
ii. Assemble in a peaceful manner.
iii. Form associations and unions.
iv. Move freely throughout the country.
v. Reside in any part of the country.
vi. Practise any profession, or carry on any occupation and trade.
Every citizen has a right to all these freedoms. However, you cannot exercise your freedom in such a manner that violates other people’s right to freedom.
4. How is the independence of the judiciary ensured by the Constitution?
Answer: To ensure freedom of the judiciary, the following steps have been taken by our Constitution:
i. The judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court.
ii. The Chief Justice of the Supreme Court is normally the seniormost judge of the Supreme Court.
iii. Once a person is appointed as a judge of the Supreme Court or the High Court, it is very difficult to remove him from that position.
iv. The judges are appointed for a fixed period. Their enrolments and service conditions are also fixed and cannot be altered.
v. No discussion on the conduct of a judge can take place in the Parliament or State Legislature.
vi. It is as difficult to remove a judge as the removal of the President of India.
vii. The Supreme Court and High Court are free to decide their own procedures of work and their establishment.
vii. A judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India, after retirement.
viii. The judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame.
Extra MCQs
1: What is a key characteristic of a reasonable right?
A. It is guaranteed only by the government.
B. It cannot be enforced by law.
C. It does not allow one to harm others.
D. It is only applicable to certain castes.
Answer: C. It does not allow one to harm others.
2: Which right was described by Dr. B.R. Ambedkar as the “heart and soul” of the Indian Constitution?
A. Right to Freedom
B. Right to Equality
C. Right against Exploitation
D. Right to Constitutional Remedies
Answer: D. Right to Constitutional Remedies
3: In which year were the Fundamental Duties added to the Indian Constitution?
A. 1950
B. 1976
C. 1985
D. 2002
Answer: B. 1976
4: The Right to Education provides free and compulsory education for children in which age group?
A. 5-10 years
B. 6-12 years
C. 6-14 years
D. 7-15 years
Answer: C. 6-14 years
5: The abolition of untouchability is guaranteed under which Fundamental Right?
A. Right to Freedom
B. Right to Equality
C. Right against Exploitation
D. Right to Freedom of Religion
Answer: B. Right to Equality
6: Which of the following is NOT one of the six freedoms guaranteed under the Right to Freedom?
A. Freedom of speech and expression
B. Freedom to form associations and unions
C. Freedom to vote in elections
D. Freedom to reside in any part of the country
Answer: C. Freedom to vote in elections
7: What does the legal writ ‘Habeas Corpus’ mean?
A. We command
B. By what authority
C. To be certified
D. Produce the body
Answer: D. Produce the body
8: The prohibition of ‘begar’ or forced labour falls under which right?
A. Right to Freedom
B. Right to Equality
C. Right against Exploitation
D. Cultural and Educational Rights
Answer: C. Right against Exploitation
9: Which amendment removed the Right to Property from the list of Fundamental Rights?
A. 42nd Amendment
B. 86th Amendment
C. 44th Amendment
D. 21st Amendment
Answer: C. 44th Amendment
10: What does the acronym PIL stand for in the legal context?
A. Private Interest Litigation
B. Public Interest Litigation
C. Personal Information Law
D. Primary Investigation League
Answer: B. Public Interest Litigation
11: According to the Constitution, no child below what age shall be employed to work in a factory or mine?
A. 12 years
B. 16 years
C. 18 years
D. 14 years
Answer: D. 14 years
12: Who appoints the judges of the Supreme Court and the High Courts?
A. The Prime Minister
B. The Chief Justice of the Supreme Court
C. The President of India
D. The Parliament
Answer: C. The President of India
13: In case of a conflict between Directive Principles and Fundamental Rights, which one shall prevail?
A. Directive Principles
B. Fundamental Rights
C. The one enacted more recently
D. Neither, the court decides on a case-by-case basis
Answer: B. Fundamental Rights
14: The writ of ‘Mandamus’ is issued to:
A. review a case from a lower court.
B. release a person who has been illegally detained.
C. command a public official to perform their legal duty.
D. prevent a person from holding a public office they are not entitled to.
Answer: C. command a public official to perform their legal duty.
15: The Directive Principles of State Policy are contained in which part of the Constitution?
A. Part III
B. Part IV
C. Part V
D. Part II
Answer: B. Part IV
16: (I) Citizens are given certain rights to protect them from the state becoming autocratic.
(II) These rights are called “Fundamental Rights”.
A. I is a contradiction of II.
B. II is the cause for I.
C. I is the cause for II.
D. I is independent of II.
Answer: C. I is the cause for II.
17: (I) The Right to Constitutional Remedies allows citizens to approach the courts if their rights are violated.
(II) This right makes other Fundamental Rights effective and enforceable.
A. I is a contradiction of II.
B. I is the cause for II.
C. II is an example of I.
D. I is independent of II.
Answer: B. I is the cause for II.
18: (I) The Constitution guarantees freedom of speech and expression.
(II) This freedom can be used to defame others or incite rebellion.
A. I is the cause for II.
B. I is a contradiction of II.
C. II is a valid extension of I.
D. I is independent of II.
Answer: B. I is a contradiction of II.
19: (I) The Indian Constitution establishes a secular polity.
(II) The state does not promote or propagate any one particular religion.
A. I is the cause for II.
B. II is an example of I.
C. I is a contradiction of II.
D. I is independent of II.
Answer: B. II is an example of I.
20: (I) In a democracy, citizens have the right to vote and be elected.
(II) For democratic elections to take place, citizens must have the right to express opinions and form political parties.
A. I is the result of II.
B. I is a contradiction of II.
C. II is a cause for I.
D. I is independent of II.
Answer: A. I is the result of II.
21: (I) It is very difficult to remove a judge of the Supreme Court from their position.
(II) This provision helps ensure the independence of the judiciary from external influence.
A. I is the cause for II.
B. I is an example of II.
C. I is a contradiction of II.
D. I is independent of II.
Answer: A. I is the cause for II.
22: (I) Directive Principles of State Policy are guidelines for the government.
(II) These principles are not enforceable by courts of law.
A. II is the cause for I.
B. I is a contradiction of II.
C. I and II are independent statements.
D. II is a key characteristic of I.
Answer: D. II is a key characteristic of I.
23: Arrange the following legal developments in the correct chronological order.
(i) The Right to Property was removed as a Fundamental Right.
(ii) The Right to Education Act came into effect.
(iii) Fundamental Duties were added to the Constitution.
(iv) The Right to Education was added as a new article in the Constitution.
A. (iii) → (i) → (iv) → (ii)
B. (i) → (iii) → (ii) → (iv)
C. (iii) → (iv) → (i) → (ii)
D. (iv) → (i) → (iii) → (ii)
Answer: A. (iii) → (i) → (iv) → (ii)
24: Select the option that lists the logical sequence of events for enforcing a right.
(i) A citizen approaches a High Court or the Supreme Court.
(ii) The court issues an appropriate writ to restore the right.
(iii) A citizen’s Fundamental Right is infringed upon.
(iv) The authority responsible for the infringement is compelled to act.
A. (iii) → (i) → (ii) → (iv)
B. (i) → (iii) → (iv) → (ii)
C. (ii) → (iv) → (iii) → (i)
D. (iii) → (ii) → (i) → (iv)
Answer: A. (iii) → (i) → (ii) → (iv)
Extra questions and answers
1. Why are certain basic rights called “Fundamental Rights”?
Answer: These rights give a citizen protection against the state becoming autocratic and that is why they are called “Fundamental Rights.”
2. What rights should citizens have for democratic elections to take place?
Answer: For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
3. Why do some important rights need to be placed higher than the government?
Answer: Sometimes elected governments may not protect or even infringe on rights of their own citizens. Therefore, some important rights need to be placed higher than the government, so that even government cannot violate them.
4. What are the seven Fundamental Rights granted by the Indian Constitution?
Answer: The seven Fundamental Rights granted by the Indian Constitution are:
(i) Right to Equality
(ii) Right to Freedom
(iii) Right against Exploitation
(iv) Right to Freedom of Religion
(v) Cultural and Educational Rights
(vi) Right to Constitutional Remedies
(vii) Right to Education
5. What has the Indian Constitution sought to do under the Right to Equality?
Answer: Under the Right to Equality, the Indian Constitution has sought to lessen or completely remove social disabilities and economic disparities of the citizens.
6. What are the five aspects associated with the Right to Equality?
Answer: The five aspects associated with the Right to Equality are:
(i) Equality before Law
(ii) Prohibits Discrimination of any kind
(iii) Equality of Opportunity in Matters of Public Employment
(iv) Abolition of Untouchability
(v) Abolition of Titles
7. What does freedom mean in the context of the Right to Freedom?
Answer: In the context of the Right to Freedom, freedom means that others do not interfere in our affairs. By others, one means the government as well as individuals.
8. What is one essential feature of any democracy?
Answer: Freedom of speech and expression is one of the essential features of any democracy.
9. What are citizens free to hold on any issue?
Answer: Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue.
10. What does the Right against Exploitation prevent?
Answer: The Right against Exploitation prevents exploitation of the weaker sections of society.
11. What is the worst kind of exploitation?
Answer: The worst kind of exploitation is when a person treats others as his property or forces other persons to work against their will, gives very low renumeration or uses them for immoral purposes.
12. What is prohibited under the Right against Exploitation regarding human beings?
Answer: Under the Right against Exploitation, traffic in human beings or dealing in men and women like goods and commodities, such as selling, letting or disposing of them, is prohibited by the Constitution.
13. What does the Constitution prohibit regarding labour?
Answer: The Constitution prohibits bonded labour, begar or forced labour that makes people work for free against his/her will.
14. What is laid down in the Constitution regarding child labour?
Answer: It is laid down in the Constitution that no child below the age of 14 shall be employed to work in a factory, mine or other hazardous place.
15. What does the inclusion of the Right to Freedom of Religion prove?
Answer: The inclusion of the Right to Freedom of Religion in the Constitution proves that the Constitution established a secular polity for India.
16. What liberty does the Right to Freedom of Religion secure for individuals?
Answer: The Right to Freedom of Religion secures to all individuals belonging to different religions—Hinduism, Islam, Christianity, Sikhism, Judaism (Jews), Zoroastrianism (Parsis), Buddhism and Jainism—liberty to practise their faith and form of worship.
17. What can state resources not be used for, regarding religion?
Answer: State resources cannot be allowed to be utilised for activities and propaganda of any particular religion.
18. When were the Fundamental Duties introduced into the Constitution?
Answer: The Fundamental Duties were introduced into the Constitution by the 42nd amendment Act of 1976.
19. Which amendment act introduced the Fundamental Duties?
Answer: The 42nd amendment Act of 1976 introduced the Fundamental Duties.
20. In which article are the Fundamental Duties mentioned?
Answer: The Fundamental Duties are mentioned in Article 51A.
21. Are the Fundamental Duties enforceable in courts?
Answer: The Fundamental Duties are not themselves enforceable in the courts, nor is their violation punishable.
22. What do the Cultural and Educational Rights protect?
Answer: The Cultural and Educational Rights protect cultural and educational rights and identities of the people, especially the minorities.
23. What did Dr. Ambedkar call the Right to Constitutional Remedies?
Answer: Dr. Ambedkar called the Right to Constitutional Remedies the heart and soul of our Constitution.
24. Which article guarantees the right to move the Supreme Court?
Answer: Article 32 guarantees to the Indian citizens the right to move the Supreme Court for the enforcement of the fundamental rights.
25. What does Article ’21A’ of the Constitution provide for?
Answer: Article ’21A’ of the Constitution provides for free and compulsory education for all children between the age of 6 to 14 years.
26. When did the law for the Right to Education come into effect?
Answer: The law for the Right to Education came into effect from 1 April, 2010.
27. What are the Directive Principles of State Policy in nature?
Answer: The Directive Principles of State Policy are in the nature of instructions to the government of the day to do certain things and to achieve certain ends by their actions.
28. Are the Directive Principles enforceable in courts?
Answer: The Directives are not enforceable in courts and do not create any justiciable rights in favour of the individuals.
29. What happens in a conflict between Directive Principles and Fundamental Rights?
Answer: In case of a conflict between Directive Principles and Fundamental Rights of the Constitution, the latter shall prevail.
30. What are courts empowered to issue for the enforcement of rights?
Answer: Under the Constitution, the courts are empowered to issue writs or orders for the enforcement of any of the rights.
31. What does the writ of Habeas Corpus mean in Latin?
Answer: The writ of Habeas Corpus means “Produce the Body” in Latin.
32. What does the writ of Mandamus mean in Latin?
Answer: The writ of Mandamus means “we command” in Latin.
33. Which writ is issued by a higher court to a lower court for review?
Answer: The writ of Certiorari is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
34. When was the Right to Property removed as a Fundamental Right?
Answer: The Right to Property was removed as a Fundamental Right under the 44th Amendment to the Constitution, 1978.
35. What is Public Interest Litigation (PIL)?
Answer: Public Interest Litigation (PIL) is a way of exercising Fundamental Rights where any person can go to court against the infringement of the right, if it is of social or public interest.
36. What does the Right to Information allow citizens to do?
Answer: The Right to Information allows citizens to seek information from the government offices.
37. What does the Right to Life now include?
Answer: The Right to Life now includes the right to food also.
38. Who appoints the judges of the Supreme Court and the High Court?
Answer: The judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court.
39. What is the normal criterion for appointing the Chief Justice of the Supreme Court?
Answer: The Chief Justice of the Supreme Court is normally the seniormost judge of the Supreme Court.
40. Can the conduct of a judge be discussed in the Parliament?
Answer: No discussion on the conduct of a judge can take place in the Parliament or State Legislature.
41. What is a “Reasonable right”?
Answer: A “Reasonable right” is a right that does not allow a person to harm or hurt anyone else.
42. What are “Enforceable rights”?
Answer: “Enforceable rights” are rights which can be enforced by the courts.
43. How are rights defined? Why are they essential for the common good?
Answer: Rights are described as the basic principles of a civil society. They are those conditions of life without which no man can seek to be himself at his best. They are freedoms and powers that are necessary for personality development and common good.
44. What protection do Fundamental Rights give a citizen against the state?
Answer: Fundamental Rights give a citizen protection against the state becoming autocratic. The state cannot turn into an absolute ruler and act arbitrarily against a citizen. Since these rights are enforceable by courts of law, the individual is protected against the tyranny of the executive as well as the legislative wings of the Government.
45. Explain the characteristics of rights as claims that must be reasonable.
Answer: Rights are claims of a person over other fellow beings, over the society, and over the government. To claim a right, it must be reasonable. A reasonable right does not allow you to hurt or harm others. You cannot claim something as your right if it infringes on other people’s rights.
46. Why must rights be recognised by society and be enforceable by law?
Answer: Rights have to be recognised and sanctioned by the society we live in because man does not live in isolation; he lives in a community and must get along peacefully with all other members. Rights become meaningful, even when guaranteed by the Constitution, only if they are enforceable by law.
47. Why was it necessary to ensure uniform rights for all citizens in free India?
Answer: In the Indian context, such rights were considered very necessary because Indian society suffered from a number of social inequalities based on caste, economic status, or even gender. It had to be ensured that in free India, all citizens enjoyed privileges offered by the state on a uniform basis.
48. How do rights act as guarantees when things go wrong in a democracy?
Answer: Rights are guarantees which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. Sometimes elected governments may not protect or even infringe on the rights of their own citizens. Therefore, some important rights need to be placed higher than the government, so that even the government cannot violate them.
49. How do Fundamental Rights give a moral character to the state?
Answer: Fundamental Rights give a moral character to the state. The state cannot turn into an absolute ruler and act arbitrarily against a citizen.
50. How does the Indian Constitution protect individuals from the tyranny of the government?
Answer: Since Fundamental Rights are enforceable by courts of law, the individual is protected against the tyranny of the executive as well as the legislative wings of the Government.
51. What are the main objectives of the Right to Equality?
Answer: Under the Right to Equality, the Indian Constitution has sought to lessen or completely remove social disabilities and economic disparities of the citizens. This right is associated with:
(i) Equality before Law
(ii) Prohibits Discrimination of any kind
(iii) Equality of Opportunity in Matters of Public Employment
(iv) Abolition of Untouchability
(v) Abolition of Titles
52. What does freedom of speech and expression mean? What are its limitations?
Answer: Freedom of speech and expression is one of the essential features of any democracy, where our ideas and personality develop only when we are able to freely communicate with others.
However, we cannot exercise this freedom in a manner that violates other people’s right to freedom. We cannot misuse freedom to create chaos and disorder. We cannot use it to incite people to rebel against the government, nor can we use it to defame others, causing damage to a person’s reputation.
53. What activities are citizens free to conduct to express their views on any issue?
Answer: Citizens have the freedom to hold meetings, processions, rallies, and demonstrations on any issue. People may want to discuss a problem, exchange ideas, mobilise public support for a cause, or seek votes for a candidate or party in an election. However, such meetings have to be peaceful.
54. What freedoms do citizens have regarding movement, residence, and occupation?
Answer: Citizens have the freedom to move freely throughout the country and to reside and settle in any part of the territory of India. This right allows people to migrate from villages to towns and from smaller towns to bigger towns. The same freedom extends to the choice of occupations, meaning citizens can practise any profession, or carry on any occupation and trade. No one can force a citizen to do or not to do a certain job.
55. What practices are prohibited under the Right against Exploitation?
Answer: The Right against Exploitation prohibits the following:
(i) Traffic in human beings or dealing in men and women like goods and commodities, such as selling, letting or disposing of them. This most commonly includes traffic or trade in women or girls for immoral purposes.
(ii) Bonded labour, begar or forced labour that makes people work for free against their will.
(iii) The employment of any child below the age of 14 to work in a factory, mine or other hazardous place.
56. How does the Right to Freedom of Religion establish a secular polity in India?
Answer: The inclusion of the Right to Freedom of Religion in the Constitution proves that the Constitution established a secular polity for India. It secures to all individuals belonging to different religions the liberty to practise their faith and form of worship. It also proves that the state would not promote or propagate any one particular religion.
57. What are the four main freedoms granted under the Right to Freedom of Religion?
Answer: The four main freedoms are:
(i) Freedom of conscience and free profession and propagation of religion.
(ii) Freedom to manage religious affairs.
(iii) Freedom as to payment of taxes for promotion of any particular religion.
(iv) No religious instruction in institutions maintained out of state funds.
58. What is the purpose of the Cultural and Educational Rights, especially for minorities?
Answer: India is a multi-religious, multi-cultural, and multi-lingual country. Hence, the purpose of the Cultural and Educational Rights is to protect the cultural and educational rights and identities of the people, especially the minorities.
59. Why is the Right to Constitutional Remedies called the “heart and soul” of the Constitution?
Answer: Dr Ambedkar called the Right to Constitutional Remedies the heart and soul of our Constitution because this right makes other rights effective. When any of our rights are affected, we can approach the courts. We can directly approach the Supreme Court or the High Courts of a State if a Fundamental Right is violated.
60. What are Directive Principles of State Policy? How do they differ from Fundamental Rights?
Answer: Directive Principles of State Policy are in the nature of instructions to the government of the day to do certain things and to achieve certain ends by their actions. They are essentially guidelines for the state.
They differ from Fundamental Rights in that the Directives are not enforceable in courts and do not create any justiciable rights in favour of individuals. In case of a conflict between Directive Principles and Fundamental Rights, the Fundamental Rights shall prevail.
61. What is the writ of Habeas Corpus? When can a person avail of it?
Answer: Habeas Corpus means “Produce the Body” in Latin. A wrongfully detained person can avail of it. Those who have detained or imprisoned a person are commanded to bring him/her to the court of law and inform him/her of the cause of arrest. If the cause is proved to be insufficient, the detainee or prisoner is at once released.
62. Explain the purpose of the writs of Mandamus and Prohibition.
Answer: The writ of Mandamus means “we command” in Latin. Under this, a person holding a public office is commanded to perform what is his/her legal duty.
The writ of Prohibition prohibits an inferior court from exercising powers with which it is not legally vested.
63. Explain the purpose of the writs of Certiorari and Quo Warranto.
Answer: The writ of Certiorari is issued by a higher court upon a lower court to hand over an ongoing case or a case under consideration for review.
The writ of Quo Warranto is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
64. How has the scope of rights expanded over the years in India?
Answer: Over the years, the scope of rights has expanded. For example, the Right to Education has now become a fundamental right for Indian citizens, and the government is responsible for providing free and compulsory education to all children up to the age of 14 years. Other acts which expand our rights are:
(i) Right to information—we have a right to seek information from the government offices.
(ii) The right to life now includes the right to food also.
65. How does the appointment process of judges ensure the independence of the judiciary?
Answer: The judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. This system leaves no scope for the executive to interfere. Furthermore, the Chief Justice of the Supreme Court is normally the seniormost judge of the Supreme Court.
66. How do fixed service conditions and the removal process protect judges from influence?
Answer: Judges are appointed for a fixed period, and their enrolments and service conditions are also fixed and cannot be altered. This protects them from external influence.
Once a person is appointed as a judge of the Supreme Court or the High Court, it is very difficult to remove him from that position. It is as difficult to remove a judge as it is to remove the President of India, which ensures they can perform their duties without fear.
67. What restrictions are placed on judges after their retirement? Why?
Answer: A Judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India after retirement. A permanent Judge of a High Court shall not plead or act in a Court or before any authority in India, except the Supreme Court and a High Court other than the one in which he had held his office.
These restrictions are in place so that the Supreme Court and High Courts are not likely to be influenced by any outside agency.
68. Explain the three main characteristics of rights.
Answer: The three main characteristics of rights are:
(i) Rights are claims of a person over other fellow beings, over the society and over the government. Rights are which everyone can claim. To claim a right it must be reasonable. A reasonable right does not allow you to hurt or harm others. You cannot claim something as your right if it infringes on other people’s rights.
(ii) Rights have to be recognised and sanctioned by the society we live in. Man does not live in isolation; he lives in a community. He must get along peacefully with all other members of the community or society he lives in.
(iii) Rights become meaningful, even when guaranteed by the Constitution, if only they are enforceable by law.
69. Why do we need rights in a democracy? Explain with reference to elections and governance.
Answer: Rights are necessary for the very sustenance of a democracy. In a democracy every citizen has to have the right to vote and the right to be elected to government. For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities. Rights are also guarantees which can be used when things go wrong. Sometimes elected governments may not protect or even infringe on rights of their own citizens. Therefore, some important rights need to be placed higher than the government, so that even government cannot violate them.
70. What are the seven Fundamental Rights guaranteed by the Indian Constitution? Briefly describe each one.
Answer: The seven Fundamental Rights granted to the citizens by the Indian Constitution are:
(i) Right to Equality: Under this right, the Indian Constitution has sought to lessen or completely remove social disabilities and economic disparities of the citizens. This right is associated with Equality before Law, prohibition of discrimination, Equality of Opportunity in Matters of Public Employment, Abolition of Untouchability, and Abolition of Titles.
(ii) Right to Freedom: This right means that others do not interfere in our affairs. It includes six freedoms: freedom of speech and expression; to assemble peacefully without arms; to form associations and unions; to move freely throughout the country; to reside in any part of the country; and to practise any profession, or carry on any occupation and trade.
(iii) Right against Exploitation: This right prevents the exploitation of the weaker sections of society. It prohibits traffic in human beings, bonded labour or forced labour, and the employment of any child below the age of 14 in a factory, mine or other hazardous place.
(iv) Right to Freedom of Religion: This right secures to all individuals the liberty to practise their faith and form of worship. It establishes a secular polity for India and proves that the state would not promote or propagate any one particular religion.
(v) Cultural and Educational Rights: As India is a multi-religious, multi-cultural and multi-lingual country, this right protects the cultural and educational rights and identities of the people, especially the minorities. It includes the Right to Conserve One’s Language, Script and Culture, and the Right to Establish Educational Institutions.
(vi) Right to Constitutional Remedies: This right makes other rights effective. When any of our rights are affected we can approach the courts. We can directly approach the Supreme Court or the High Courts of a State if a Fundamental Right is violated. Dr Ambedkar called this right the heart and soul of our Constitution.
(vii) Right to Education: Article ’21A’ provides for free and compulsory education for all children between the age of 6 to 14 years.
71. Describe the six freedoms guaranteed under the ‘Right to Freedom’. What restrictions apply to them?
Answer: The Six Freedoms given to us by the Right to Freedom are:
(i) Freedom of speech and expression
(ii) Assemble in a peaceful manner without arms
(iii) Form associations and unions
(iv) Move freely throughout the country
(v) Reside in any part of the country
(vi) Practise any profession, or carry on any occupation and trade.
Every citizen has a right to all these freedoms. However, you cannot exercise your freedom in such a manner that violates other people’s right to freedom. You cannot misuse your freedom and create chaos and disorder. That is why the government puts certain restrictions on our freedoms. For example, with freedom of speech and expression, we cannot use it to incite people to rebel against the government, nor can we use it to defame others causing damage to a person’s reputation. Meetings held must be peaceful.
72. Explain the provisions under the ‘Right against Exploitation’. How does it protect the weaker sections?
Answer: The Right against Exploitation prevents the exploitation of the weaker sections of society. The worst kind of exploitation is when a person treats others as his property or forces other persons to work against their will, gives very low remuneration or uses them for immoral purposes.
To protect people against such oppression, this right prohibits the following:
(i) Traffic in human beings or dealing in men and women like goods and commodities, such as selling, letting or disposing of them, is prohibited by the Constitution. This most commonly includes traffic or trade in women or girls for immoral purposes.
(ii) The Constitution also prohibits bonded labour, begar or forced labour that makes people work for free against his/her will.
(iii) It is also laid down in the Constitution that no child below the age of 14 shall be employed to work in a factory, mine or other hazardous place.
73. Discuss the key features of the ‘Right to Freedom of Religion’ and its role in a secular state.
Answer: The inclusion of the Right to Freedom of Religion in the Constitution proves that the Constitution established a secular polity for India. It secures to all individuals belonging to different religions the liberty to practise their faith and form of worship. It also proves that the state would not promote or propagate any one particular religion.
The key features of this right are:
(i) Freedom of conscience and free profession and propagation of religion.
(ii) Freedom to manage religious affairs.
(iii) Freedom as to payment of taxes for promotion of any particular religion.
(iv) No religious instruction in institutions maintained out of state funds.
Although a secular state allows equal freedom to all religions, religious practices and beliefs, its resources cannot be allowed to be utilised for activities and propaganda of any particular religion.
74. What are Fundamental Duties? Mention any five duties of an Indian citizen.
Answer: Fundamental Duties were introduced by the 42nd amendment Act of 1976. These duties are mentioned in Article 51A of the Constitution. These duties are not themselves enforceable in the courts, nor is their violation punishable.
Under this Article, five duties of every citizen of India are:
(i) To abide by the Constitution and respect the national flag and the national anthem;
(ii) To cherish and follow the noble ideals which inspired our national struggle for freedom;
(iii) To protect the sovereignty, unity and integrity of India;
(iv) To defend the country;
(v) To promote the spirit of common brotherhood amongst all the people of India.
75. Why is the ‘Right to Constitutional Remedies’ considered the most important right? How does it make other rights effective?
Answer: Dr Ambedkar called the Right to Constitutional Remedies the heart and soul of our Constitution. This right is considered important because it makes other rights effective. When any of our rights are affected, we can approach the courts. We can directly approach the Supreme Court or the High Courts of a State if a Fundamental Right is violated. Article 32 guarantees to the Indian citizens the right to move the Supreme Court for the enforcement of the fundamental rights. This makes the fundamental rights justiciable, meaning they are enforceable by courts.
76. Explain the relationship between Fundamental Rights and Directive Principles of State Policy. Which prevails in case of a conflict?
Answer: Directive Principles of State Policy are in the nature of instructions to the government of the day to do certain things and to achieve certain ends by their actions. They are essentially guidelines to the state. The Directives are not enforceable in courts and do not create any justiciable rights in favour of individuals. Fundamental Rights, on the other hand, are basic rights guaranteed to citizens and are enforceable by courts.
In case of a conflict between Directive Principles and Fundamental Rights of the Constitution, the latter shall prevail.
77. What are writs? Explain Habeas Corpus and Mandamus with their specific purposes.
Answer: Under the Constitution, the courts are empowered to issue writs or orders for the enforcement of any of the rights.
Two of these writs are:
(i) Habeas Corpus (or “Produce the Body” in Latin): A wrongfully detained person can avail of it. Those who have detained or imprisoned a person are commanded to bring him/her to the court of law and inform him/her the cause of arrest. If the cause is proved to be insufficient, the detainee or prisoner is at once released.
(ii) Mandamus: This means “we command” in Latin and under this a person holding a public office is commanded to perform what is his/her legal duty.
78. How does the Constitution ensure the independence of the judiciary from the executive and legislature?
Answer: It is essential that the judiciary should be free of control of the legislature or the executive. The judges should not act according to the wishes of the party in power or the direction of the government. To ensure freedom of the judiciary, our Constitution has taken several steps. For example, the judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court, which leaves no scope for the executive to interfere. Furthermore, it is very difficult to remove a judge from his position, as the process is as difficult as the removal of the President of India. This ensures the judiciary enjoys great respect among the people.
79. Explain the provisions that secure a judge’s tenure and freedom to make decisions without fear.
Answer: The Constitution includes several provisions to secure a judge’s tenure and freedom to make decisions without fear.
The judges are appointed for a fixed period. Their enrolments and service conditions are also fixed and cannot be altered. Once a person is appointed as a judge, it is very difficult to remove him from that position. It is as difficult to remove a judge as the removal of the President of India.
No discussion on the conduct of a judge can take place in the Parliament or State Legislature. The judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame. Their decisions cannot be criticised in public or press. The personal safety of the judge is the duty of the State and ensured at all costs. This ensures that they are not likely to be influenced by any outside agency.
80. What are rights and why are they fundamental to a civil society and democracy? Discuss their characteristics and importance.
Answer: Rights are described as the basic principles of a civil society. Rights are those conditions of life without which no man can seek to be himself at his best. They are freedoms and powers that are necessary for personality development and common good.
These rights are fundamental because they give a citizen protection against the state becoming autocratic, which is why they are called “Fundamental Rights.” Rights are necessary for the very sustenance of a democracy. In a democracy, every citizen has to have the right to vote and the right to be elected to government. For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
The characteristics of rights are:
(i) Rights are claims of a person over other fellow beings, over the society and over the government. Rights are which everyone can claim. To claim a right it must be reasonable. A reasonable right does not allow you to hurt or harm others. You cannot claim something as your right if it infringes on other people’s rights.
(ii) Rights have to be recognised and sanctioned by the society we live in. Man does not live in isolation; he lives in a community. He must get along peacefully with all other members of the community or society he lives in.
(iii) Rights become meaningful, even when guaranteed by the Constitution, if only they are enforceable by law.
The importance of rights is that they are guarantees which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. Sometimes elected governments may not protect or even infringe on rights of their own citizens. Therefore, some important rights need to be placed higher than the government, so that even government cannot violate them.
81. “The Right to Freedom is a cluster of six freedoms.” Discuss these six freedoms and the reasonable restrictions placed upon them.
Answer: The Right to Freedom means that others do not interfere in our affairs. The Six Freedoms given to us by this right are:
(i) Freedom of speech and expression
(ii) Assemble in a peaceful manner without arms
(iii) Form associations and unions
(iv) Move freely throughout the country
(v) Reside in any part of the country
(vi) Practise any profession, or carry on any occupation and trade.
Every citizen has a right to all these freedoms. However, there are reasonable restrictions placed upon them. You cannot exercise your freedom in such a manner that violates other people’s right to freedom. You cannot misuse your freedom and create chaos and disorder. That is why the government puts certain restrictions on our freedoms. For example, regarding the freedom of speech and expression, we cannot use it to incite people to rebel against the government, nor can we use it to defame others causing damage to a person’s reputation. Similarly, citizens have the freedom to hold meetings, processions, rallies and demonstrations, but such meetings have to be peaceful.
82. Explain the ‘Right against Exploitation’ and the ‘Cultural and Educational Rights’. How do these rights protect the vulnerable and minority sections of society?
Answer: The Right against Exploitation prevents the exploitation of the weaker sections of society. The worst kind of exploitation is when a person treats others as his property or forces other persons to work against their will, gives very low remuneration or uses them for immoral purposes. To protect people against such oppression, this right prohibits the following:
(i) Traffic in human beings or dealing in men and women like goods and commodities.
(ii) Bonded labour, begar or forced labour that makes people work for free against their will.
(iii) The employment of any child below the age of 14 to work in a factory, mine or other hazardous place.
This right directly protects vulnerable sections by making these forms of exploitation illegal.
Cultural and Educational Rights are designed to protect the rights and identities of people in a multi-religious, multi-cultural, and multi-lingual country like India, especially the minorities. This right includes:
(i) Right to Conserve One’s Language, Script and Culture.
(ii) Right to Establish Educational Institutions.
These provisions protect minority sections by allowing them to preserve their unique cultural identity and establish their own educational institutions, ensuring their language, script, and culture are not lost.
83. What are Fundamental Duties? Discuss their nature and list at least eight duties. How do courts consider them while enforcing Fundamental Rights?
Answer: A countervailing factor has been introduced by the 42nd amendment Act of 1976, known as the Fundamental Duties. These duties are mentioned in Article 51A of the Constitution.
The nature of these duties is that they are not themselves enforceable in the courts, nor is their violation punishable.
Under Article 51A, it shall be the duty of every citizen of India:
(i) To abide by the Constitution and respect the national flag and the national anthem;
(ii) To cherish and follow the noble ideals which inspired our national struggle for freedom;
(iii) To protect the sovereignty, unity and integrity of India;
(iv) To defend the country;
(v) To promote the spirit of common brotherhood amongst all the people of India;
(vi) To preserve the rich heritage of our composite culture;
(vii) To protect and improve the natural environment;
(viii) To develop the scientific temper and spirit of inquiry;
Nevertheless, a Court, before which a Fundamental Right is sought to be enforced, has to read all parts of the Constitution, to enforce a Fundamental Right at the instance of an individual who has patently violated any of the duties specified in the Constitution.
84. Describe the five types of writs that the judiciary can issue for the enforcement of Fundamental Rights. Explain the purpose and context of each writ.
Answer: Under the Constitution, the courts are empowered to issue writs or orders for the enforcement of any of the rights. The five types of writs are:
(i) Habeas Corpus (or “Produce the Body” in Latin): A wrongfully detained person can avail of it. Those who have detained or imprisoned a person are commanded to bring him/her to the court of law and inform him/her the cause of arrest. If the cause is proved to be insufficient, the detainee or prisoner is at once released.
(ii) Mandamus: This means “we command” in Latin. Under this, a person holding a public office is commanded to perform what is his/her legal duty.
(iii) Prohibition: This prohibits an inferior court from exercising powers with which it is not legally vested.
(iv) Certiorari: This writ is issued by a higher court upon a lower court to hand over an ongoing case or case under consideration for review.
(v) Quo Warranto: This is directed against a person who has wrongfully usurped a public office and declares such holding of office illegal and the office vacant.
85. “The independence of the judiciary is essential for a democracy.” How has the Indian Constitution taken steps to ensure this independence? Discuss at least five measures.
Answer: It is essential that the judiciary should be free of control of the legislature or the executive. The judges should not act according to the wishes of the party or parties in power or the direction of the government. To ensure freedom of judiciary, the following steps have been taken by our Constitution:
(i) The judges of the Supreme Court and the High Court are appointed by the President of India on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. This system leaves no scope for the executive to interfere.
(ii) The Chief Justice of the Supreme Court is normally the seniormost judge of the Supreme Court.
(iii) Once a person is appointed as judge of the Supreme Court or the High Court, it is very difficult to remove him from that position.
(iv) The judges are appointed for a fixed period. Their enrolments and service conditions are also fixed and cannot be altered.
(v) No discussion on the conduct of a judge can take place in the Parliament or State Legislature.
