Fundamental Rights and Duties

Fundamental Rights are enshrined in the Constitution in :

1. Part I
2. Part III
3. Part IV
4. Part VI

Answer

Part III

Which of the following is not a Fundamental Right?

1. Right against exploitation
2. Equality of opportunity in matters of public appointment
3. Right to strike
4. Right to freedom of practising any profession

Answer

Right to strike

How can the Fundamental Rights be protected by a citizen?

1. By approaching the Supreme Court or High Courts which will issue appropriate writs against the authority
2. Parliament will take note of such violations and tell the courts
3. The Executive will inform the Courts
4. It is automatically protected

Answer

By approaching the Supreme Court or High Courts which will issue appropriate writs against the authority

Under what circumstances can some of the Fundamental Rights be suspended?

1. On the order of court
2. When President's rule is imposed
3. When a proclamation of National Emergency is in operation
4. During financial emergency

Answer

When a proclamation of National Emergency is in operation

Which Fundamental Right can be said to be specially applicable to children?

1. Right to education up to 14 years of age
2. Right to employment up to 14 years of age
3. Right to be educated in the mother tongue in primary education
4. Right to employment in dangerous occupations

Answer

Right to education up to 14 years of age

With reference to the given image below, identify the Fundamental Right.

1. Right against Exploitation
2. Cultural and Educational Rights
3. Right to Constitutional Remedies
4. Right to Freedom of Religion

Answer

Right against Exploitation

What does the phrase 'equality before the law' used in Article 14, mean?

1. That all individuals are equal
2. That all laws are the same for everybody
3. That all individuals are equally subjected to the ordinary law of the land
4. That everybody is to be treated equally by the law in equal circumstances

Answer

That all individuals are equally subjected to the ordinary law of the land

Complete the analogy

Prohibition of discrimination: Article 15 :: ............... : Article 17

1. Protection of life and liberty
2. Abolition of titles
3. Freedom to manage religious affairs
4. Abolition of untouchability

Answer

Abolition of untouchability

Mr. Verma faced discrimination based on his religion during a job application process. Which Fundamental Right has been violated in this situation?

1. Right to Freedom of Religion (Article 25)
2. Right to Freedom of Speech (Article 19)
3. Right against Exploitation (Article 23)
4. Right to Equality (Article 14)

Answer

Right to Equality (Article 14)

Which is the Fundamental Duty depicted in the below image?

1. To defend the country and render national service when called upon to do so
2. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
3. To safeguard public property
4. To strive towards excellence in all spheres of individual and collective activity

Answer

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

Which one of the following rights was described by B.R. Ambedkar as 'the heart and soul of the constitution'?

1. Right of freedom of religion
2. Right of property
3. Right of equality
4. Right to Constitutional Remedies

Answer

Right to Constitutional Remedies

The Preventive Detention Act has a restraining effect on

1. Right of Equality
2. Right to freedom
3. Right to freedom of Religion
4. Right to Constitutional Remedies

Answer

Right to freedom

We have ............... Fundamental Duties.

1. 10
2. 11
3. 12
4. 14

Answer

11

The Right to Education (RTE) is a Fundamental Right. Which of the following statements correctly describes the same?

1. It is applicable to all citizens
2. It is a Fundamental Right since the enforcement of the Constitution
3. It is a temporary law
4. It makes education as a Fundamental Right of every child between the ages of 6 and 14 years

Answer

It makes education as a Fundamental Right of every child between the ages of 6 and 14 years

Identify the characteristics of the Fundamental Rights.

P : They are bestowed on every citizen without consideration of caste, creed, religion, sex or place of birth.

Q : They are absolute as no restrictions can be imposed on them even by our Parliament.

R : These rights can never be suspended, even during Emergency.

S : These are justiciable, meaning they can be enforced in a court of law.

Options:

1. P and Q
2. Q and R
3. P and S
4. R and S

Answer

P and S

Read the two statements given below about the Right to Constitutional Remedies. Select the correct relationship between (A) and (B).

(A) The apex court has been vested with the power to issue orders, directions and writs in order to protect the fundamental rights of the complainant.

(B) Article 32 confers upon the citizens this Right which implies that every citizen is entitled to move the Supreme Court or any High Court if his / her Fundamental Right is encroached upon or abridged by the state, any authority or any person.

1. (B) contradicts (A)
2. (B) is the reason for (A)
3. (A) is true but (B) is false
4. (A) and (B) are independent of each other

Answer

(B) is the reason for (A)

Identify the odd one out.

1. Right against Exploitation
2. Right to Constitutional Remedies
3. Cultural and Educational Rights
4. To value and preserve the rich heritage of our composite culture

Answer

To value and preserve the rich heritage of our composite culture

A college student named Sheela is making a project on Fundamental Duties. Which of the following amendments, she is most likely to study in detail?

1. 42nd Amendment Act (1976)
2. 42nd Amendment Act (1978)
3. 44th Amendment Act (1978)
4. 45th Amendment Act (1980)

Answer

42nd Amendment Act (1976)

Explain the term Fundamental Rights.

Answer

Fundamental Rights are the basic rights which are essential for the development and all round progress of an individual. It is the duty of the state to ensure that these Rights are not denied to its citizens.

Name the different Fundamental Rights guaranteed to the citizens of India.

Answer

The different Fundamental Rights guaranteed to the citizens of India are:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Property
7. Right to Constitutional Remedies

Explain the term the Right to Equality.

Answer

The Right to Equality establishes equality before the law and equal protection of the law, regardless of status, caste, creed, religion, sect, sex or colour.

Read the excerpt given below and identify the writ discussed here.

"It is a Latin term which literally means 'to have the body'. It is an order issued by the court to a person who has detained another person, to produce the body the latter before."

(Source: Indian Polity by M Laxmikanth)

Answer

The writ described is Habeas Corpus.

Mention one limitation to the exercise of the Right to Freedom of Speech and Expression.

Answer

The Right to Freedom of Speech and Expression cannot be used for slandering others, for jeopardising the safety and integrity of the State or for inciting violence.

Name the Fundamental Right that prohibits forced labour.

Answer

The Fundamental Right that prohibits forced labour is the Right against Exploitation.

Name the Fundamental Right that aims at the preservation of culture, language and script of the minorities in India.

Answer

The Fundamental Right that aims at the preservation of culture, language, and script of the minorities in India is Cultural and Educational Rights (Articles 29 and 30).

Ms. Patel was not allowed to practise her religion freely due to the government's ban on religious rituals. Which Fundamental Right is being violated here?

Answer

The Fundamental Right being violated here is the Right to Freedom of Religion (Articles 25 to 28).

With reference to the newspaper article, examine the fundamental rights that the citizens can use to protect their Fundamental Rights.

Answer

The Fundamental Right that citizens can use to protect their other Fundamental Rights is the Right to Constitutional Remedies (Article 32).

Mention two Fundamental Rights granted to the citizens of India which bring out the secular nature of the state.

Answer

Two Fundamental Rights granted to the citizens of India which bring out the secular nature of the state are:

1. Right to Freedom of Religion.
2. Right to Equality.

What is the meaning of Right to Constitutional Remedies?

Answer

The Right to Constitutional Remedies implies that every citizen is entitled to approach the Supreme Court, any of the High Courts or any other court authorised by the Parliament if his or her Fundamental Right/Rights are encroached upon, abridged or taken away by the State, a person or a group.

Name the Fundamental Right which protects the interests of the linguistic minorities in India.

Answer

The Fundamental Right which protects the interests of the linguistic minorities in India is Cultural and Educational Rights (Articles 29 and 30).

Read the excerpt given below and answer the question that follows:

"Our ideas and personality develop only when we are able to freely communicate with others."

(Source: Democratic Politics- I by NCERT)

Answer

The Fundamental Right being discussed here Right to Freedom of Speech and Expression.

This right allows the citizens to discuss freely all matters concerning public as well as national well-being orally or through the press. However, this right cannot be used for slandering others, for jeopardising the safety and integrity of the State or for inciting violence.

Mention two Fundamental Duties of the Indian citizens.

Answer

Two Fundamental Duties of the Indian citizens are:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To uphold and protect the sovereignty, unity and integrity of India.

Why has the practice of awarding titles been abolished by the Constitution?

Answer

The practice of awarding titles has been abolished by the Constitution. This has been done because conferring such titles goes against the spirit of social equality. Only military and academic degrees can be conferred.

Explain the term writ.

Answer

A writ is a formal written order issued by the Supreme Court or a High Court. It provides legal remedies to individuals who are not adequately protected under ordinary laws.

Ravi, a social activist, found that his friend, Sunil, had been arrested by the police without being informed of the charges against him. Sunil was not presented before a Magistrate within 24 hours, as law requires. Ravi approached the High Court, seeking Sunil's immediate release, arguing that his detention was unlawful.
Which writ can Ravi file in the High Court to ensure Sunil's immediate release from unlawful detention? Explain the writ in brief.

Answer

Ravi can file a Habeas Corpus writ in the High Court to ensure Sunil's immediate release from unlawful detention.

Habeas Corpus — It means 'to have the body'. By issuing such a writ, the court can get the body of any person released if it has been unlawfully detained by any person or a group of persons or by the State. This writ is thus a significant safeguard for the personal freedom of a citizen.

What is the significance of Fundamental Duties?

Answer

Fundamental Duties specify one's obligations to society and the nation at large. While they are not legally enforceable, they play a crucial role in promoting a sense of responsibility and civic consciousness among citizens.

The Right to Education (RTE) Act is a landmark in ensuring educational equality in India. Based on the provided statement, answer the following questions:

(a) Explain the significance of the 86th Amendment of the Indian Constitution in the context of elementary education.

(b) Analyse how the reservation of 25% of seats for weaker sections in private and minority schools helps promote social equality.

Answer

(a) The Right to Education at elementary level has been made one of the Fundamental Rights in 2002 under the 86th Amendment of the Indian Constitution. The Act makes education a Fundamental Right of every child between the ages of 6 and 14 and specifies certain minimum norms in elementary schools. The Act also reserves 25% of seats for weaker sections even in private and minority schools.

(b) The 25% reservation for weaker sections in private and minority schools, as mandated by the Right to Education Act (RTE), plays a significant role in promoting social equality. By ensuring that children from economically disadvantaged backgrounds have access to quality education in private schools, the reservation helps bridge the gap between rich and poor in terms of educational opportunities.

"The Right to Freedom is actually a cluster of several rights." In this context explain the following:

(a) How far do you agree with this view?

(b) Explain the different rights incorporated in the Right to Freedom.

Answer

(a) I fully agree with this view.

The Right to Freedom, as enshrined in the Indian Constitution under Articles 19 to 22, is not a single, isolated right but rather a bundle (or cluster) of rights that ensure various kinds of individual and collective freedoms to the citizens of the Republic of India.

(b) Different rights incorporated in the Right to Freedom are:

1. Right to Freedom of Speech and Expression — Citizens of India can freely discuss all matters concerning public as well as national well-being orally or through the press, but cannot slander others, jeopardise the safety and integrity of the State or incite violence.
2. Freedom to Assemble Peacefully and without Arms — Peaceful assembly is allowed for the exchange of views and propagation.
3. Freedom to Form Associations or Unions — To protect both individual and collective interests, the Constitution guarantees this right. However, restrictions can be imposed if unions or associations threaten state security or engage in illegal or immoral activities.
4. Freedom to Free Movement — Every Indian citizen has the right to move freely across the country, except in private properties. No one can be detained without legal authority, though the State may impose restrictions in the public interest.
5. Freedom to Reside and Settle in Any Part of the Territory of India — Every citizen of India can reside anywhere in the country, provided it doesn't harm the interests of weaker sections. Property can be owned or transferred freely, except in protected tribal areas. The State may acquire property for public use.
6. Freedom to Practise Any Profession or to Carry on Any Occupation — The Constitution grants every citizen the right to practise any profession or occupation, provided it does not harm public interest or violate moral ethics, such as trafficking or smuggling.

With reference to the Right to Equality explain the following :

(a) Which articles of the Constitution deal with these rights?

(b) Describe the subject matter of any two of these rights.

Answer

(a) The Right to Equality is covered under Articles 14 to 18 of the Indian Constitution. These articles aim to establish equality before the law and prohibit discrimination on various grounds.

(b) The subject matter of any two of these rights are as follows:

1. Article 14 establishes equality before the law and equal protection of the law, regardless of status, caste, creed, religion, sect, sex or colour.
2. Article 17 of the Indian Constitution abolishes the practice of untouchability, declaring it forbidden in any form. This landmark provision prohibits untouchability and criminalises the enforcement of any disability arising from it.

With reference to Fundamental Duties explain the following :

(a) Mention any four Fundamental Duties.

(b) Why have Fundamental Duties been included in the Constitution?

Answer

(a) Four fundamental duties are given below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.

(b) Fundamental Duties have been included in the Constitution to remind citizens that rights and responsibilities go hand in hand. While the Constitution grants various Fundamental Rights, it also expects citizens to uphold the unity, integrity, and values of the nation.

The writs are significant tools for upholding justice and protecting Fundamental Rights in a democratic system.
Answer the following questions based on your understanding:

(a) Explain the meaning of the term 'writ' and its importance in ensuring justice and the protection of rights.

(b) Differentiate between Prohibition and Certiorari.

(c) Apply the concept of writs to the following situation:

A person is appointed as the head of a government department without meeting the necessary qualifications required for the position. Which writ can be filed to challenge the legality of this appointment and why?

Answer

(a) A writ is a formal written order issued by the Supreme Court or a High Court. It provides legal remedies to individuals who are not adequately protected under ordinary laws. The Constitution empowers the Supreme Court and the High Courts to issue certain writs.

The writs are important because:

1. They serve as powerful tools to protect citizens' rights.
2. Help prevent arbitrary actions by public authorities.
3. Ensure legal accountability and uphold the rule of law.
4. Empower citizens to directly approach the courts when their rights are violated.

(b) The difference between Prohibition and Certiorari are given below:

(c) Quo-warranto can be filed to challenge the legality of this appointment.

Since the individual has been appointed as the head of a government department without fulfilling the prescribed qualifications, filing a writ of Quo-Warranto allows the court to examine the validity of the appointment. If the court finds that the appointment was made without proper legal authority or in violation of the rules, it can declare the appointment illegal and order the removal of the person from the office.