Salient Features of the Constitution I: ICSE Class 9 Civics

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Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 2 “Salient Features of the Constitution I” which is part of ICSE Class 9 Civics (Morning Star) workbook answers. However, the notes should only be treated as references and changes should be made according to the needs of the students.

Summary

The Indian Constitution has several key features that shape the country’s democracy. It provides for single citizenship, meaning all Indians are citizens of the nation, not individual states. This helps promote unity. Universal adult franchise allows all citizens over 18 to vote, regardless of background.

The Constitution guarantees fundamental rights to all citizens. These include equality before the law, freedom of speech and religion, protection from exploitation, and more. However, reasonable restrictions can be placed on these rights for public welfare. The right to constitutional remedies allows citizens to seek justice if their fundamental rights are violated.

Fundamental duties were added to remind citizens of their obligations to the nation. These include respecting national symbols, promoting harmony, protecting the environment, and more. While not legally enforceable, they aim to create responsible citizens.

The right to information gives citizens the ability to request information from the government, promoting transparency. The right to education makes free schooling compulsory for children aged 6-14. The right to privacy was recently declared a fundamental right by the Supreme Court.

In emergencies, fundamental rights can be suspended temporarily. The Constitution also allows for amendments to be made as needed. Overall, it seeks to balance individual freedoms with national interests and create an equitable society. By outlining both rights and duties, it provides a framework for Indian democracy to function.

Textbook solutions

Multiple-Choice Questions

1. Which of the following are the salient features of the Indian Constitution?

(a) Universal Adult Franchise
(b) Fundamental Duties
(c) Single Citizenship
(d) All of the above

Answer: D. All of the above

2. A Person of Indian Origin can enjoy all privileges of an Indian citizen except

(a) Right to vote
(b) Fundamental Duties
(c) Right to enter the country
(d) Right to protest

Answer: A. Right to vote

3. In case a person is detained under Preventive Detention such a person can be kept in custody for a period of ______ months without trial.

(a) Four
(b) Six
(c) Three
(d) Twelve

Answer: C. Three

4. Right to Property is

(a) a Fundamental Right
(b) a Fundamental Duty
(c) a Legal Right
(d) no longer a fundamental right

Answer: D. no longer a fundamental right

5. The Constitution of India provides for a Single Citizenship. Which of the following statements describe the same?

(a) A person born in India can be either the citizen of a State of domicile or of India
(b) All Indians irrespective of the State of their domicile are the citizens of India
(c) All Indians living in India are the citizens of India even if they are not born in India
(d) All citizens of neighbouring countries living in India are Indian citizens

Answer: B. All Indians irrespective of the State of their domicile are the citizens of India

6. If a male and a female are selected for the same post but the female candidate gets less salary, which of her following rights is discriminated?

(a) The Right to Freedom
(b) The Right Against Exploitation
(c) The Right to Constitutional Remedies
(d) The Right to Equality

Answer: D. The Right to Equality

7. Right to Information has been included in Article ______ of the Constitution.

(a) 19(1)
(b) 20
(c) 21
(d) 22

Answer: A. 19(1)

8. Complete the analogy: Right to Equality: Articles 14-18 :: ______: Articles 19-22

(a) Right Against Exploitation
(b) Right to Freedom
(c) Right to Freedom of Religion
(d) Right to Constitutional Remedies

Answer: B. Right to Freedom

9. Which of the following is incorrectly matched?

(a) Habeas Corpus: to have the body
(b) Mandamus: we order
(c) Quo-Warranto: to be informed
(d) Writ of Certiorari: information of what is going on

Answer: C. Quo-Warranto: to be informed

10. A labourer was unlawfully detained by his employer. Which of the following writs will be issued by the Supreme Court or the High Court?

(a) Mandamus
(b) Certiorari
(c) Habeas Corpus
(d) Quo-Warranto

Answer: C. Habeas Corpus

11. A seven-year-old boy was not given admission in a school run by the State government. Which of his Fundamental Rights was violated by the State?

(a) Right to Freedom
(b) Right to Education
(c) Cultural and Educational Right
(d) Right to Equality

Answer: B. Right to Education

12. Which of the following is incorrect?

(a) Right to Equality: Article 14-19
(b) Right to Freedom: Articles 19-22
(c) Right to Education: Article 29-30
(d) Right Against Exploitation: Article 23-24

Answer: C. Right to Education: Article 29-30

13. Fundamental Duties: Part IV :: ______: Part III

(a) Universal Adult Franchise
(b) Fundamental Rights
(c) Single Citizenship
(d) Constitutional Remedies

Answer: B. Fundamental Rights

14. Right to Information is an implied Fundamental Right meaning

(a) it is a part of a named Fundamental Right
(b) it partakes of the same basic nature and character of the Fundamental Right
(c) it is implicit in the Right to Freedom and Expression
(d) All of the above

Answer: D. All of the above

Short Answer Questions

1. What is meant by the term ‘Single Citizenship’?

Answer: The Indian Constitution provides for a Single Citizenship, which means that all Indians, irrespective of the state of their domicile, are citizens of India.

2. ‘Fundamental Rights are universal in nature.’ Explain in one sentence.

Answer: Fundamental Rights are universal in nature because they are guaranteed to all citizens without any discrimination.

3. How are the Fundamental Rights justiciable?

Answer: Fundamental Rights are justiciable as a person can move the courts for the enforcement of these rights in case of their violation.

4. What is meant by the term Right to Equality?

Answer: The Right to Equality means that all citizens are equal before the law and are entitled to equal protection by the law without discrimination on grounds of race, religion, caste, gender, or place of birth.

5. Mention one Fundamental Right granted to citizens of India.

Answer: One Fundamental Right granted to citizens of India is the Right to Freedom, which includes the freedom of speech and expression.

6. In the context of Fundamental Rights, give one example that India is a secular state.

Answer: India is a secular state as it guarantees the Right to Freedom of Religion, allowing individuals to profess, practise, and propagate their religion freely.

7. What is meant by the term ‘Right Against Exploitation’?

Answer: The Right Against Exploitation means the prohibition of human trafficking, forced labour, and child labour in factories and mines.

8. By which Act of the Parliament were the Fundamental Duties included in the Constitution? Mention the Fundamental Duty which has been added by the Constitution (86th Amendment) Act, 2002.

Answer: The Fundamental Duties were included in the Constitution by the 42nd Amendment Act, 1976. The Fundamental Duty added by the Constitution (86th Amendment) Act, 2002, is the duty of parents or guardians to provide opportunities for education to their children or wards between the ages of six and fourteen years.

9. To whom can the citizens of India file an application if they wish to seek any information from the government authorities?

Answer: Citizens of India can file an application with the Public Information Officers (PIOs) or Assistant Public Information Officers (APIOs) if they wish to seek any information from government authorities.

Structured Questions

1. Explain the following basic features of the Indian Constitution:

(a) Single Citizenship.

Answer: The Indian Constitution provides for a Single Citizenship. This means that all Indians, irrespective of the State of their domicile, are the citizens of India. This is unlike the system in the USA, where one can be a citizen of a state and a citizen of the USA at the same time. In India, a person born in Punjab or Kerala can only be a citizen of India and not of the State of their domicile. This provision was created to ward off separatist tendencies and promote unity among the people.

(b) Universal Adult Franchise.

Answer: Universal Adult Franchise means that all persons of 18 years of age and above have the right to vote irrespective of their caste, colour, religion, etc. The British had introduced communal electorates under the Acts of 1919 and 1935, but the Constitution of Independent India replaced this with joint electorates. In joint electorates, resident voters of a constituency vote for the same candidate, regardless of caste or creed. Certain seats are reserved for Scheduled Castes and Scheduled Tribes candidates, but all voters from those constituencies must vote for the candidates of the area. This system aims to curb communal politics and foster harmony.

(c) Fundamental Rights.

Answer: Fundamental Rights are basic human rights provided by the Constitution of India to ensure the all-round development of individuals and to protect them from unjust discrimination. These rights are universal and do not make distinctions based on race, colour, sex, religion, or other considerations. The Fundamental Rights are listed in Part III of the Indian Constitution and include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

2. With reference to the Fundamental Rights answer the following:

(a) Why are Fundamental Rights so called?

Answer: Fundamental Rights are so called because they are essential for the overall development of an individual and are protected by the Constitution. These rights ensure personal liberty, equality before the law, and protection from exploitation. They are enforceable by the courts, and any violation can be challenged in the High Courts or the Supreme Court.

(b) State their three characteristic features.

Answer:

• Fundamental Rights are justiciable, meaning a person can approach the courts if these rights are violated.
• They are universally applicable to all citizens without discrimination.
• They act as limitations on the powers of the government and ensure the protection of individual liberties.

(c) Briefly explain the components of the Right to Equality.

Answer:

• Equality before Law (Article 14): Ensures that every person is equal before the law and receives equal protection from the law, irrespective of religion, race, caste, sex, or place of birth.
• Prohibition of Discrimination (Article 15): Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Equality of Opportunity (Article 16): Guarantees equal opportunity in matters of public employment.
• Abolition of Untouchability (Article 17): Abolishes untouchability and prohibits its practice in any form.
• Abolition of Titles (Article 18): Abolishes the conferment of titles except military and academic distinctions.

3. With reference to the inclusion of Right to Freedom in the Indian Constitution, state the following:

(a) State any three freedoms given under Article 19.

Answer:

• Freedom of speech and expression.
• Freedom to assemble peacefully without arms.
• Freedom to form associations or unions.

(b) What do these freedoms imply?

Answer: These freedoms imply that every citizen of India has the right to express their views freely, to hold peaceful meetings and gatherings without weapons, and to form associations or unions for collective activities. These freedoms ensure that citizens can participate in the democratic process and contribute to the social, political, and economic development of the country.

(c) Explain the restrictions imposed on these rights.

Answer: The state may impose reasonable restrictions on these rights in the interests of the sovereignty and integrity of India, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. These restrictions are necessary to balance individual freedoms with the collective good of society.

4. Article 20 provides for Protection in Respect of Conviction for Offences. In this respect answer the following:

(a) What protections are available to the citizens against conviction?

Answer: Article 20 provides three protections to citizens:

• No person shall be convicted of any offence except for a violation of a law in force at the time of the commission of the act.
• No person shall be prosecuted or punished for the same offence more than once.
• No person accused of any offence shall be compelled to be a witness against themselves.

(b) What is meant by Preventive Detention? State the right of citizens in this respect.

Answer: Preventive Detention is a measure taken to prevent a person from committing an offence in the future. It does not involve punishment for a past offence. A person detained under Preventive Detention has the right to be informed of the reasons for the detention and has the right to make a representation against it.

(c) Explain the limitations of the Right to Protection.

Answer:

• The protection against conviction for offences does not apply during an Emergency.
• Reasonable restrictions can be imposed in the interest of public order or the security of the state.
• Preventive Detention can be extended beyond three months if an Advisory Board approves it.

5. With reference to the Right to Constitutional Remedies, answer the following questions:

(a) How has this right been given legal sanction?

Answer: The Right to Constitutional Remedies has been given legal sanction under Article 32 of the Constitution, which allows individuals to move the Supreme Court or the High Courts for the enforcement of their Fundamental Rights. Dr. Ambedkar referred to this Article as the “heart and soul” of the Constitution.

(b) Why is this right important?

Answer: This right is important because it ensures that the Fundamental Rights granted to citizens are not merely theoretical but can be enforced through the courts. It provides individuals with the power to seek justice if their rights are violated.

(c) Explain any two writs issued by courts for enforcement of this right.

Answer:

• Habeas Corpus: This writ is issued to secure the release of a person who has been unlawfully detained.
• Mandamus: This writ is issued to command a public authority to perform a duty that it is legally bound to do.

6. With reference to Fundamental Rights, answer the following questions:

(a) What are the components of the Right to Education?

Answer: The Right to Education is provided under Article 21A of the Constitution. It ensures that the state shall provide free and compulsory education to all children aged between 6 and 14 years. The manner of implementation is to be determined by the state through laws.

(b) How is the Right to Information an implied Fundamental Right?

Answer: The Right to Information is an implied Fundamental Right as it is derived from Article 19(1)(a) of the Constitution, which guarantees the freedom of speech and expression. Without access to information, the freedom of speech and expression cannot be effectively exercised.

(c) Write a short note on Right to Privacy.

Answer: The Right to Privacy was declared a Fundamental Right by the Supreme Court of India in 2017. It is derived from Articles 14, 19, and 21, and includes protection from state scrutiny, choice over personal matters such as partners, food habits, and other personal aspects of life. However, it is not an absolute right and is subject to reasonable restrictions.

7. With reference to the Fundamental Duties, answer the following:

(a) What are known as Fundamental Duties?

Answer: Fundamental Duties are moral obligations enshrined in the Constitution that every citizen is expected to perform to uphold the unity and integrity of the nation. They were added to the Constitution by the 42nd Amendment in 1976.

(b) Give any three Fundamental Duties.

Answer:

• To uphold and protect the sovereignty, unity, and integrity of India.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

(c) What is the importance of these Duties?

Answer: The Fundamental Duties are important because they remind citizens of their responsibilities towards the nation, promote patriotism, and ensure that individual actions do not harm the larger societal good. They also complement the Fundamental Rights by encouraging responsible citizenship.

Thinking Skills

1. Name the writ that will be issued in each of the following circumstances.

(a) Against a person holding a public office to which he is not entitled.

Answer: Quo-Warranto.

(b) An order to an administrative authority to perform a certain duty.

Answer: Mandamus.

(c) (i) For the transfer of a case from lower to higher court.

Answer: Certiorari.

(ii) To prohibit a lower court from proceeding in a case.

Answer: Prohibition.

2. Fundamental Rights and Fundamental Duties go hand in hand. If this statement is holistically followed many of our problems would be solved. Give your reply with examples to prove your point.

Answer: The statement that “Fundamental Rights and Fundamental Duties go hand in hand” is very true. Rights and duties are two sides of the same coin. If people start giving equal importance to duties as they give to rights, it will solve a number of problems. For example, the right to life and personal liberty enshrined in Article 21 also implies the duty to respect the life and liberty of others. Similarly, the duty to protect the environment is essential for the exercise of the right to a healthy life. Therefore, a balance between the two is necessary for a harmonious society.

Extras MCQs

1. What type of citizenship does the Indian Constitution provide?

A. Dual citizenship
B. State citizenship
C. Single citizenship
D. Multiple citizenship

Answer: C. Single citizenship

Q. By which Act was dual citizenship granted to Persons of Indian Origin (PIOs) by the Indian government?

A. Citizenship (Amendment) Act 1955
B. Citizenship (Amendment) Act 1986
C. Citizenship (Amendment) Act 2003
D. Citizenship (Amendment) Act 2010

Answer: C. Citizenship (Amendment) Act 2003

Q. What right does Universal Adult Franchise provide in India?

A. Right to free speech
B. Right to vote
C. Right to education
D. Right to employment

Answer: B. Right to vote

Q. In which part of the Indian Constitution are the Fundamental Rights listed?

A. Part-I
B. Part-II
C. Part-III
D. Part-IV

Answer: C. Part-III

Q. Which Article of the Indian Constitution abolishes untouchability?

A. Article 14
B. Article 16
C. Article 17
D. Article 18

Answer: C. Article 17

Q. Which Article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth?

A. Article 14
B. Article 15
C. Article 16
D. Article 18

Answer: B. Article 15

Q. What percentage of government posts are reserved for Scheduled Castes in India?

A. 7.5%
B. 15%
C. 22.5%
D. 27%

Answer: B. 15%

Q. Which Article of the Indian Constitution provides equality before law?

A. Article 14
B. Article 15
C. Article 16
D. Article 18

Answer: A. Article 14

Q. What kind of titles are abolished by Article 18 of the Indian Constitution?

A. Academic titles
B. Military titles
C. Titles like Rai Sahib and Maharaja
D. Titles like Bharat Ratna

Answer: C. Titles like Rai Sahib and Maharaja

Q. Which Amendment Act placed certain restrictions on the Right to Equality in India?

A. 24th Amendment Act
B. 38th Amendment Act
C. 42nd Amendment Act
D. 44th Amendment Act

Answer: C. 42nd Amendment Act

Q. How many basic freedoms are guaranteed under Article 19 of the Indian Constitution?

A. Four
B. Five
C. Six
D. Seven

Answer: C. Six

Q. In which Article of the Constitution is the Right to Information (RTI) implied as a Fundamental Right?

A. Article 14
B. Article 19(1)
C. Article 21
D. Article 32

Answer: B. Article 19(1)

Q. On which date did the Right to Information Act come into force?

A. August 24, 2017
B. January 26, 2002
C. October 12, 2005
D. November 14, 2008

Answer: C. October 12, 2005

Q. Which Article of the Constitution declares the Right to Privacy as a Fundamental Right?

A. Article 14
B. Article 19
C. Article 21
D. Article 22

Answer: C. Article 21

Q. When did the Supreme Court of India declare the Right to Privacy as a Fundamental Right?

A. October 12, 2005
B. August 24, 2017
C. November 7, 2000
D. January 1, 2020

Answer: B. August 24, 2017

Q. Which Article of the Constitution provides protection against arrest and detention?

A. Article 19
B. Article 21
C. Article 22
D. Article 25

Answer: C. Article 22

Q. What does the Writ of Habeas Corpus protect?

A. Freedom of expression
B. Right to privacy
C. Protection against unlawful detention
D. Right to property

Answer: C. Protection against unlawful detention

Q. What is the minimum age for employment prohibition in factories as per Article 24?

A. 12 years
B. 14 years
C. 16 years
D. 18 years

Answer: B. 14 years

Q. Which Article of the Constitution guarantees the Right to Education?

A. Article 19
B. Article 21A
C. Article 32
D. Article 300A

Answer: B. Article 21A

Q. Under which Article of the Constitution was the Right to Property removed as a Fundamental Right?

A. Article 19
B. Article 21
C. Article 31
D. Article 300A

Answer: D. Article 300A

Q. Which Article provides for the Right to Constitutional Remedies?

A. Article 14
B. Article 19
C. Article 32
D. Article 21

Answer: C. Article 32

Q. Which Article of the Indian Constitution declares that all laws and executive orders inconsistent with fundamental rights are void?

A. Article 19
B. Article 21
C. Article 13
D. Article 32

Answer: C. Article 13

Q. During which type of situation can the Fundamental Rights be suspended according to the Indian Constitution?

A. General election
B. National emergency
C. Financial crisis
D. Internal dispute

Answer: B. National emergency

Q. Under which Article of the Indian Constitution can the President proclaim a state of emergency?

A. Article 51
B. Article 356
C. Article 352
D. Article 365

Answer: C. Article 352

Q. Which Constitutional Amendment added Fundamental Duties to the Indian Constitution?

A. 61st Amendment
B. 44th Amendment
C. 42nd Amendment
D. 86th Amendment

Answer: C. 42nd Amendment

Q. How many Fundamental Duties are listed in Article 51-A of the Indian Constitution?

A. Ten
B. Nine
C. Eight
D. Eleven

Answer: A. Ten

Q. The clause requiring parents to provide education to children aged six to fourteen years was added by which Constitutional Amendment?

A. 61st Amendment
B. 44th Amendment
C. 42nd Amendment
D. 86th Amendment

Answer: D. 86th Amendment

Q. Which of the following is NOT a Fundamental Duty under Article 51-A of the Indian Constitution?

A. To protect and improve the natural environment
B. To promote international peace
C. To develop scientific temper
D. To safeguard public property

Answer: B. To promote international peace

Q. The power to modify the application of Fundamental Rights to members of the Armed Forces is vested in which body?

A. President of India
B. Supreme Court
C. Parliament
D. Chief of Defence Staff

Answer: C. Parliament

Q. The Supreme Court and High Courts cannot issue writs for the enforcement of Fundamental Rights during which specific situation?

A. Imposition of Martial Law
B. Proclamation of Emergency
C. Economic Recession
D. Political Unrest

Answer: B. Proclamation of Emergency

Extra Questions and Answers

1. How does Single Citizenship in India differ from the USA?

Answer: In India, a person is only a citizen of India, whereas, in the USA, a person can be a citizen of a specific state and the country.

Q. What is the purpose of Single Citizenship in India?

Answer: Single Citizenship in India aims to prevent separatist tendencies and promote fraternity and unity among the people.

Q. What did the Citizenship (Amendment) Act 2003 grant?

Answer: The Citizenship (Amendment) Act 2003 granted dual citizenship to Persons of Indian Origin (PIOs) who migrated after January 26, 1950, giving them privileges except the right to vote.

Q. What is Universal Adult Franchise?

Answer: Universal Adult Franchise means all persons aged 18 and above have the right to vote, regardless of caste, colour, or religion.

Q. What system did the British introduce under the Acts of 1919 and 1935?

Answer: The British introduced a communal electorate system under the Acts of 1919 and 1935.

Q. How did the Constitution of Independent India change the electoral system?

Answer: The Constitution replaced the communal electorate system with a joint electorate, where residents vote for the same candidate irrespective of caste or creed.

Q. What are Fundamental Rights?

Answer: Fundamental Rights are basic human rights that provide essential conditions for the all-round development of a human being and protect against unjust discrimination.

Q. Where are the Fundamental Rights listed in the Indian Constitution?

Answer: The Fundamental Rights are listed in Part III of the Constitution of India.

Q. What does Article 14 guarantee?

Answer: Article 14 guarantees equality before law and equal protection by law regardless of economic status, caste, colour, creed, religion, or sex.

Q. What is the purpose of Single Citizenship in India?

Answer: The Indian Constitution provides for Single Citizenship to all Indians, meaning that regardless of the state in which an individual is born or resides, they are considered citizens of India alone, not of their state of domicile. This differs from countries like the USA, where a person can be both a citizen of the country and the state they live in. The Single Citizenship system has been implemented to ward off any separatist tendencies that may arise from individuals identifying too strongly with their state. This system also fosters fraternity and unity among all Indian citizens, promoting national integration.

Q. What did the Citizenship (Amendment) Act 2003 provide for Persons of Indian Origin?

Answer: The Citizenship (Amendment) Act 2003 allowed Persons of Indian Origin (PIOs) who migrated to other countries after January 26, 1950, to obtain dual citizenship. This amendment grants PIOs many privileges that Indian citizens enjoy, such as the ability to work, own property, and reside in India. However, they are not entitled to the right to vote. This provision was made to maintain a connection with the Indian diaspora and give them access to many benefits of Indian citizenship without full citizenship status.

Q. What does Universal Adult Franchise mean in the context of the Indian Constitution?

Answer: Universal Adult Franchise in India means that every citizen who is 18 years of age or older has the right to vote, regardless of their caste, colour, religion, or gender. This system replaced the communal electorate provided by the British under the Acts of 1919 and 1935, which allowed people to vote based on their religious or community affiliation. Instead, the Constitution of Independent India introduced a joint electorate system, where residents of a constituency vote for the same candidate, irrespective of their caste or creed. This promotes communal harmony and curbs communal politics.

Q. What are the main features of the Right to Equality under the Indian Constitution?

Answer: The Right to Equality, as outlined in Articles 14 to 18 of the Indian Constitution, ensures equal treatment of all citizens under the law. Its key features include:

• Equality before the law (Article 14): All citizens, irrespective of caste, creed, or gender, are equal in the eyes of the law.
• Prohibition of discrimination (Article 15): Discrimination on the grounds of race, religion, or gender is prohibited, especially in matters like admission to educational institutions.
• Equality of opportunity (Article 16): This guarantees all citizens equal opportunities in matters related to employment in government positions.
• Abolition of untouchability (Article 17): The practice of untouchability is forbidden and punishable by law.
• Abolition of titles (Article 18): Titles that denote inequality, such as Maharaja or Khan Bahadur, are abolished, except for those awarded for merit like the Bharat Ratna.

Q. What are the six freedoms guaranteed by Article 19 of the Indian Constitution?

Answer: Article 19 of the Indian Constitution guarantees six essential freedoms to all citizens:

• Freedom of speech and expression.
• Freedom to assemble peacefully without arms.
• Freedom to form associations and unions.
• Freedom to move freely throughout the territory of India.
• Freedom to reside and settle in any part of India.
• Freedom to practise any profession, or to carry on any occupation, trade, or business.

Q. What is the Right to Information (RTI)?

Answer: Right to Information (RTI) is an implied Fundamental Right, which is part of Article 19(1) of the Constitution. It is implicit in the Right to Freedom of Speech and Expression, as without knowledge of facts, one cannot speak freely. The Right to Information Act came into force on October 12, 2005, granting citizens the right to seek information from the government and public authorities.

Q. What does the Right to Information Act allow citizens to do?

Answer: The Right to Information Act allows citizens of India to:

• Seek and receive information from the government and public authorities.
• Ask specific questions to these bodies.
• Take copies of documents, including certified copies.
• Inspect documents.
• Take samples of materials.

Q. Who can citizens file RTI applications with?

Answer: Citizens can file RTI applications with Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) to seek the required information.

Q. Is there a specific provision in the Constitution guaranteeing the freedom of the press?

Answer: No, there is no specific provision in the Constitution guaranteeing the freedom of the press. However, the freedom of the press is included in the broader freedom of expression guaranteed by Article 19.

Q. What is the significance of the Right to Freedom of Assembly?

Answer: The Right to Freedom to Assemble Peacefully is protected under the Constitution, which restricts the State from making laws that curtail this freedom. However, the State can make laws for public good or protection of trade and profession, such as prescribing qualifications for certain professions or preventing displacement of tribal communities for settlement.

Q. When did the Supreme Court declare the Right to Privacy as a Fundamental Right?

Answer: On August 24, 2017, the Supreme Court of India declared the Right to Privacy as a Fundamental Right. This right is derived from Articles 14, 19, and 21 of the Constitution.

Q. What are some elements included under the Right to Privacy?

Answer: The Right to Privacy includes:

• Preservation of personal intimacies, family life, marriage, and procreation.
• A right to be left alone.
• Safeguarding individual autonomy in life decisions.
• Recognition of the plurality and diversity of culture.
• Protection from State scrutiny in personal matters like reproductive choices, food habits, and choice of partners.

Q. Can the Right to Privacy be restricted?

Answer: Yes, the Right to Privacy is not absolute. It can be subjected to reasonable restrictions by the State to protect legitimate State interests. These restrictions are based on:

• Existence of a law justifying the encroachment on privacy.
• A legitimate State need ensuring the law is reasonable.
• Proportional means adopted by the State to achieve its goals.

Q. What are some of the limitations to the Right to Freedom?

Answer: The limitations to the Right to Freedom include:

• Emergency: Article 19 can be suspended during an emergency.
• National Interest: The security of the State and national interest may impose reasonable restrictions.
• Laws of Parliament: Laws like Preventive Detention and the Essential Services Maintenance Act (ESMA) impose certain restrictions on freedom.

Q. What protections are offered under Article 20 against conviction for offences?

Answer: Under Article 20, the following protections are available:

• No greater penalty than prescribed by law.
• Protection from being punished for the same offence twice.
• Protection from being compelled to be a witness in a case where the individual is the accused.

Q. What protections are offered under Article 21 for life and personal liberty?

Answer: Under Article 21, no person can be deprived of life and liberty except according to the law. This protection ensures that legal procedures must be followed before depriving an individual of their personal rights.

Q. What are the rights granted under Article 22 regarding arrest and detention?

Answer: Article 22 provides the following rights in two circumstances:

• Ordinary Circumstances: Rights include being informed of the offence, presented before a magistrate within 24 hours, and the right to consult a lawyer.
• Preventive Detention: A person detained under preventive detention can be kept for up to three months without trial. Detention beyond this period requires approval by an Advisory Board.

Q. What are the limitations on Preventive Detention?

Answer: Limitations on Preventive Detention include:

• Public Interest: The State can refuse to disclose grounds of detention in public interest.
• Parliament’s Power: The legislature can specify the maximum period for preventive detention.

Q. What is the Right Against Exploitation under Articles 23 and 24?

Answer: The Right Against Exploitation under Articles 23 and 24 protects individuals from:

• Slavery, beggary, or forced labour.
• Human trafficking, including the exploitation of women and children for immoral purposes.
• Employment of children below 14 years in hazardous occupations.

Q. What rights are provided under the Right to Freedom of Religion (Articles 25 to 28)?

Answer: The Right to Freedom of Religion grants:

• Freedom of conscience and the right to profess, practice, and propagate one’s religion.
• The right to establish and maintain religious institutions.
• The right to manage religious affairs and administer property.
• Protection from being compelled to pay taxes for the promotion of a religion.
• Protection from being forced to receive religious instruction in state-funded institutions.

Q. What protections are given under the Cultural and Educational Rights (Articles 29 and 30)?

Answer: Cultural and Educational Rights protect:

• The right of minorities to preserve their distinct language, script, and culture.
• The right of minorities to establish and administer educational institutions of their choice.
• Protection against discrimination in the matter of grants to educational institutions.

Q. What is the Right to Constitutional Remedies under Article 32?

Answer: The Right to Constitutional Remedies under Article 32 allows citizens to approach the Supreme Court or High Courts for the enforcement of their Fundamental Rights. Courts can issue writs to provide legal remedies to individuals whose rights have been violated. Dr. Ambedkar described this article as the “heart and soul of the Constitution.”

Q. What does the writ of Habeas Corpus mean?

Answer: The writ of Habeas Corpus means ‘to have the body’. By issuing this writ, the High Court or Supreme Court can get the body of any person released if it has been unlawfully detained by any person, group, or by the State. It serves as a safeguard for personal freedom.

Q. What is the writ of Mandamus?

Answer: The writ of Mandamus is a command or an order from a Superior Court to a lower court or administrative authority to perform a certain duty. In Latin, Mandamus means “we order.”

Q. What is the purpose of the writ of Prohibition?

Answer: The writ of Prohibition is an order issued by a superior court to a lower court to stop proceedings in a case that might exceed the jurisdiction of the lower court. It prevents overreach in judicial authority.

Q. How does the writ of Certiorari differ from the writ of Prohibition?

Answer: The writ of Certiorari is issued by a superior court to a judicial authority after an order has been passed by a lower court, while the writ of Prohibition is issued while proceedings are still ongoing. The writ of Certiorari is issued to “be informed of what is going on.”

Q. What is the writ of Quo-warranto?

Answer: The writ of Quo-warranto means “by what order.” It is issued when a person has usurped any office. This writ prevents public officers from wrongfully or forcibly holding a high public office.

Q. What is the Right to Education as per the Constitution of India?

Answer: The Right to Education was granted by the Constitution (Eighty-sixth Amendment) Act, 2002. Article 21A states that “The State shall provide free and compulsory education to all children aged 6 to 14 years in such a manner as the state may, by law, determine.”

Q. What happened to the Right to Property in the Constitution of India?

Answer: Article 31 of the Constitution initially allowed Indian citizens to purchase, hold, and dispose of movable and immovable property as a Fundamental Right. However, with the 44th Amendment Act of 1978, the Right to Property was removed from the list of Fundamental Rights, making it a Legal Right under Article 300A.

Q. How does Article 13(2) check arbitrary actions by the State?

Answer: Article 13(2) declares that all laws and executive orders in force before the commencement of the Constitution that are inconsistent with the fundamental rights are void to the extent of such inconsistency. This ensures judicial review of all legislation in India.

Q. What restrictions can be imposed on Fundamental Rights?

Answer: Reasonable restrictions can be imposed on Fundamental Rights for the general welfare of society, including during national emergencies, for national security, or for public order. The state can also limit these rights for members of the Armed Forces, Police, or intelligence organisations to ensure the proper discharge of their duties.

Q. Under what conditions can Fundamental Rights be suspended?

Answer: Fundamental Rights can be suspended when the President declares a state of Emergency in the case of war, external aggression, or armed rebellion. The suspension is temporary and ends when the Emergency is over. During such times, the Legislature and Executive can take actions that restrict rights like freedom of speech or movement.

Q. What are the Fundamental Duties listed in the Indian Constitution?

Answer: The Fundamental Duties, added by the 42nd Amendment Act of 1976, include:

• To abide by the Constitution and respect its ideals and institutions, the National Flag, and National Anthem.
• To cherish the ideals of the freedom struggle.
• To uphold India’s sovereignty, unity, and integrity.
• To defend the country and render national service when required.
• To promote harmony and brotherhood, renounce practices derogatory to women.
• To preserve the heritage and protect the environment.
• To develop scientific temper, humanism, and the spirit of inquiry.
• To safeguard public property and renounce violence.
• To strive for excellence in all spheres of individual and collective activity.
• It is also a duty for parents or guardians to provide educational opportunities for children aged six to fourteen.

44. Why were Fundamental Duties incorporated into the Indian Constitution?

Answer: The Fundamental Duties were incorporated to:

• Make citizens aware of their social and economic obligations.
• Warn them about what they should and should not do in the interest of their country and fellow citizens.
• Protect and raise awareness of cultural heritage.
• Tame unruly elements in society.
• Strengthen national harmony by fostering patriotism.