Salient Features of the Constitution — I

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

1. Universal Adult Franchise
2. Fundamental Duties
3. Single Citizenship
4. All of the above

Answer

All of the above

Reason — Universal Adult Franchise, Fundamental Duties and Single Citizenship are all salient features of the Indian Constitution.

(A) The Fundamental Rights are given in Part-IV of the Constitution of India.

(R) The Fundamental Duties are given in Part-III of the Constitution of India.

1. (A) is true but (R) is false.
2. (A) is false, but (R) is true.
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
4. Both (A) and (R) are false.

Answer

Both (A) and (R) are false.

Explanation — The Fundamental Rights are given in Part-III of the Constitution of India, while the Fundamental Duties are given in Part-IV of the Constitution of India.

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

1. Right to vote
2. Right to purchase a home
3. Right to enter the country
4. Right to conduct business

Answer

Right to vote

Reason — A Person of Indian Origin registered as an Overseas Citizen of India (OCI) is not given any voting rights, though he may enter the country, purchase a home and conduct business.

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

1. Four
2. Six
3. Three
4. Twelve

Answer

Three

Reason — A person detained under Preventive Detention can be kept in custody for a period of three months without trial, after which the detention can be extended only by an Advisory Board consisting of a judge of the High Court.

Right to Property is

1. a Fundamental Right
2. a Fundamental Duty
3. a Legal Right
4. no longer a fundamental right

Answer

a Legal Right

Reason — The Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978, and Article 300A made it a legal right.

A person X's parents were originally Indian citizens but took up the citizenship of a foreign country 'F'. X was born in the country 'F' and acquired its citizenship by birth. Which of the following about X's citizenship is correct?

1. X cannot regain Indian citizenship within one year of turning 18
2. X will be given Indian citizenship as X's parents were of Indian origin
3. X will be given the status of PIO
4. X will be given the status of NRI

Answer

X will be given the status of PIO

Reason — Since X's parents were originally Indian citizens, X qualifies as a Person of Indian Origin and will be given the status of PIO, not Indian citizenship, as X acquired the citizenship of country 'F' by birth.

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

1. A person born in India can be either the citizen of a State of domicile or of India.
2. All Indians irrespective of the State of their domicile are the citizens of India.
3. All Indians living in India are the citizens of India even if they are not born in India.
4. All citizens of neighbouring countries living in India are Indian citizens.

Answer

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

Reason — Single Citizenship means all Indians, irrespective of the State of their domicile, are citizens of India alone and not of the State of their domicile as well.

(A) Article 15 of the Constitution prohibits discrimination on the basis of economic status, caste, colour, creed, religion or gender.

(R) Article 14 of the Constitution guarantees both Equality before law and Equality in protection by law.

1. (A) is true but (R) is false.
2. (A) is false, but (R) is true.
3. Both (A) and (R) are true, and (R) is the correct explanation of (A).
4. Both (A) and (R) are false.

Answer

Both (A) and (R) are true, and (R) is the correct explanation of (A).

Explanation — Article 15 prohibits discrimination on grounds mentioned in Article 14, that includes discrimination on the basis of economic status, caste, colour, creed, religion or gender. This ensures social and economic equality.

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?

1. The Right to Freedom.
2. The Right Against Exploitation.
3. The Right to Education.
4. The Right to Equality.

Answer

The Right to Equality.

Reason — Paying a female candidate less salary than a male for the same post denies equality of opportunity, thereby violating the Right to Equality.

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

1. 19(1)
2. 20
3. 21
4. 22

Answer

19(1)

Reason — The Right to Information has been included in Article 19(1) of the Constitution as it is implicit in the Right to Freedom of Speech and Expression.

(A) Right to Freedom gives all the Indian citizens the right to practice any profession, trade or business.

(R) The State cannot make laws to prescribe certain minimum educational, technical or other qualifications for entry to a certain profession.

1. (A) is true but (R) is false.
2. (A) is false, but (R) is true.
3. Both (A) and (R) are true, and (R) is the correct explanation of (A).
4. Both (A) and (R) are false.

Answer

(A) is true but (R) is false.

Explanation — The State can make laws to prescribe professional or technical qualifications necessary for practising any profession.

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

1. Right Against Exploitation
2. Right to Constitutional Remedies
3. Right to Freedom of Religion
4. Right to Freedom

Answer

Right to Freedom

Reason — Just as the Right to Equality is covered under Articles 14-18, the Right to Freedom is covered under Articles 19-22.

The writs give power to which specific Fundamental Right?

1. Right to Freedom
2. Right to Constitutional Remedies
3. Right to Equality
4. Right to Education

Answer

Right to Constitutional Remedies

Reason — The writs are issued by the Supreme Court and the High Courts under Article 32, which provides the Right to Constitutional Remedies; hence the writs give power to this right.

(A) Right to Privacy is a Fundamental Right that is not separately articulated in the Constitution.

(R) Right to Privacy can be derived from Articles 14, 19 and 21.

1. (A) is true but (R) is false.
2. (A) is false, but (R) is true.
3. Both (A) and (R) are true, and (R) is the correct explanation of (A).
4. Both (A) and (R) are false.

Answer

Both (A) and (R) are true, and (R) is the correct explanation of (A).

Explanation — The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution.

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

1. Mandamus
2. Certiorari
3. Habeas Corpus
4. Quo-Warranto

Answer

Habeas Corpus

Reason — The writ of Habeas Corpus ('to have the body') is issued to secure the release of a person unlawfully detained by any person or the State. Hence it applies to the unlawfully detained labourer.

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.

1. Right to Freedom.
2. Right against Exploitation.
3. Cultural and Educational Right.
4. Right to Education.

Answer

Right to Education.

Reason — The Right to Education (Article 21A) guarantees free and compulsory education to all children between the ages of 6 and 14 years; denying admission to the seven-year-old boy violates this right.

Which of the following is incorrect?

1. Right to Equality: Articles 14-19
2. Right to Freedom: Articles 19-22
3. Right to Education: Articles 29-30
4. Right Against Exploitation: Articles 23-24

Answer

Right to Equality: Article 14-19

Reason — The Right to Equality is covered under Articles 14-18, not Articles 14-19; hence this statement is incorrect.

Right to Information is an implied Fundamental Right meaning

1. it is a part of a named Fundamental Right.
2. it partakes of the same basic nature and character of the Fundamental Right.
3. it is implicit in the Right to Freedom and Expression.
4. All of the above.

Answer

All of the above

Reason — An implied Fundamental Right is a part of a named Fundamental Right, partakes of its basic nature and character, and the RTI is implicit in the Right to Freedom of Speech and Expression.

What is meant by the term 'Single Citizenship'?

Answer

The term 'Single Citizenship' means that all Indians irrespective of the state of their domicile are the citizens of India.

'Fundamental Rights are universal in nature'. Explain in one sentence.

Answer

Fundamental rights are universal in nature as they are same for all human beings and don't make any distinction based on race, colour, sex, religion, etc.

How are the Fundamental Rights justiciable?

Answer

Fundamental Rights are justiciable because citizens can directly approach the Supreme Court (under Article 32's Right to Constitutional Remedies) or a High Court for their immediate enforcement if any of these rights are violated.

What is meant by the term 'Right to Equality'?

Answer

The term 'Right to Equality' means equality of every citizen before law irrespective of economic status, caste, colour, creed, religion or sex. This right provides equality of opportunity for all citizens in matters relating to employment in an office under the central or state government. It abolishes untouchability and titles like Rai Sahib, Khan Bahadur, Maharaja, etc.

Mention one Fundamental Right granted to citizens of India.

Answer

'The Right to Freedom' is one of the Fundamental Rights granted to citizens of India.

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

Answer

'The Right to Freedom of Religion' is an example that India is a secular country. The Right to Freedom of Religion gives Indian citizens the freedom to practice and preach religion of their choice.

What is meant by the term 'Right Against Exploitation'?

Answer

'Right Against Exploitation' is the Right that upholds the dignity of the individual and prohibits exploitation in many respects like slavery, beggary and other forms of forced labour. It also prohibits, child labour (Article 24), human trafficking and use of women or girls for immoral purposes.

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 which is an offshoot of the Right to Education.

Answer

The Fundamental Duties were added to the Indian Constitution by the 42nd Amendment Act, 1976. Later, the 86th Amendment Act, 2002, introduced an additional duty making it mandatory for a parent or guardian to provide educational opportunities to their child or ward between the ages of six and fourteen years.

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

Answer

The citizens of India can file an application under RTI with the Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) if they wish to seek any information from the government authorities.

Explain the following basic features of the Indian Constitution:

(a) Single Citizenship.

(b) Universal Adult Franchise.

(c) Fundamental Rights.

Answer

(a) Single Citizenship — 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. A person born in Punjab or Kerala can only be a citizen of India and not a citizen of the State of their domicile as well. This has been done to ward off separatist tendencies and promote fraternity and unity among the people.

(b) Universal Adult Franchise — This means that all persons of 18 years of age and above have the right to vote irrespective of their caste, colour, religion, etc. The constitution of independent India replaced the British era communal electorate with joint electorate. According to this system, resident voters of a constituency have to vote for the same candidate irrespective of caste or creed.

(c) Fundamental Rights — The Fundamental Rights are given in Part-III of the constitution. They are basic human rights, which provide the conditions essential for the all-round development of a human being. They protect people against unjust discrimination among members of the community and give recognition to dignity and equality of all human beings. The Indian Constitution provides 7 Fundamental Rights to the citizens of India:

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 Constitutional Remedies
7. Right to Education

With reference to the Fundamental Rights answer the following:

(a) Why are the Fundamental Rights so called?

(b) State their three characteristic features.

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

Answer

(a) The Fundamental Rights are so called because they are the basic human rights which provide the conditions essential for the all-round development of a human being. Hence, they must be given to every person without any distinction on the basis of caste, creed, sex, colour, religion etc.

(b) The three characteristic features of Fundamental Rights are:

1. They protect people against unjust discrimination.
2. They don't make any distinction between human beings.
3. They can be suspended when the president declares a state of Emergency in the country.

(c) The Right to Equality has political, social and economic components. Following are the components of Right to Equality:

1. Equality before law — Article-14 guarantees both equality before law as well as equality in protection by law irrespective of economic status, caste, colour, creed, religion or sex. Article-15 prohibits discrimination on grounds mentioned above making such discrimination a punishable offence.
2. Equality of Opportunity — Article-16 provides for equality of opportunity for all citizens in matters relating to employment in an office under the State or Central government. It also allows making of reservations of posts in favour of Scheduled Castes and Tribes by passing a law.
3. Abolition of Untouchability — Article-17 abolishes untouchability and its practice in any form. Any person preventing the other from entering a place of public worship, using a public well or a public transport system, etc. can be punished by law.
4. Abolition of Titles — Article-18 abolishes all titles like Rai Sahib, Khan Bahadur, Maharaja etc. These titles are considered a negation of equal status for all.

With reference to the given excerpt, answer the following:

(a) What does Article 19 of the Constitution guarantee to its citizens?

(b) Under which circumstances can the enforcement of Article 19 be suspended?

(c) What is meant by the 'Right to move courts' for enforcement of rights? How does the Constitution ensure that Fundamental Rights are effectively protected through the courts?

Answer

(a) Article 19 of the Constitution guarantees the following six basic freedoms to its citizens:

1. Freedom of speech and expression.
2. Freedom to assemble peacefully without arms.
3. Freedom to form associations and unions.
4. Freedom to move freely throughout India.
5. Freedom to reside and settle in any part of India.
6. Freedom to practise any profession, trade or business.

(b) Article 19 can be suspended during an Emergency. When the President declares a state of Emergency under Article 352 in case of war, external aggression or armed rebellion, the Fundamental Rights, including the freedoms guaranteed under Article 19, can be suspended. Such a suspension is temporary and remains in effect only as long as the Emergency is in operation. As soon as the Emergency is over, the rights are restored.

(c) The "Right to move courts" refers to the Right to Constitutional Remedies under Article 32, famously called the "heart and soul of the Constitution" by Dr. Ambedkar. It empowers citizens to directly approach the Supreme Court (or High Courts under Article 226) for the enforcement of their Fundamental Rights. To guarantee this protection, the courts can issue five types of specialized legal orders known as writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.

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?

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

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

Answer

(a) Under Article-20 the following protections are available to a citizen:

1. Greater penalty than what is prescribed under the law is prohibited.
2. No one can be punished or prosecuted for the same offence twice.
3. A person cannot be compelled to be a witness in the case where he himself is accused of the offence.

(b) Preventive detention means keeping a person in custody on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the State. In case a person is detained under Preventive Detention he can be kept in custody for a period of three months without trial. Such a person has the following rights

1. Prevention Detention does not mean that a person stands accused. It is only a precautionary measure.
2. Detention beyond three months can be extended only by an Advisory Board constituted for the purpose and consisting of a judge of the High Court.
3. Grounds of detention have to be specified and the detainee informed of these grounds. He also has the right to make representation against the detention order.

(c) The Right to protection has following limitations:

1. Public Interest - The authority or the State can take recourse to public interest and refuse to disclose the grounds of detention.
2. Power of the Parliament - The legislature or the Parliament has the power to specify the maximum period of Preventive Detention.

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

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

(b) Why is this right important?

(c) Explain how writs issued by courts enforce this right.

Answer

(a) Article 32 of the Indian constitution gives the Right to Constitutional Remedies. This right is given to citizens to move the Supreme Court or the High Courts for the enforcement of other Fundamental Rights conferred on them. Also, the Supreme Court and the High Courts are empowered to issue writs providing legal remedies to individuals in case their Fundamental Rights are violated.

(b) This Right is important because it ensures the protection of other rights provided by the constitution. According to Dr. Ambedkar, it is the "heart and soul of the constitution". It is not just a right but a remedy.

(c) The writs make the Right to Constitutional Remedies the most important and also make it an effective tool for their enforcement. This is because a writ is a formal written order issued by the Supreme Court and the High Courts to provide legal remedies to individuals who do not obtain adequate protection under ordinary laws.

With reference to Fundamental Rights, answer the following questions:

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

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

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

Answer

(a) The components of the Right to Education are:

1. Protection of language, script, culture of minorities (Article-29).
2. Right to establish and administer minority educational, social and cultural institutions (Article-30).

(b) An implied Fundamental Right is one which is a part of a named Fundamental Right or partakes of the same basic nature and character as that Fundamental Right. Since RTI is implicit in the Right to Freedom of Speech and Expression (Article-19), it is an implied Fundamental Right because if one does not know the facts one cannot speak freely.

(c) On August 24, 2017, the Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution. It is a fundamental right about all information of a person and the choice that he makes. It protects an individual from the scrutiny of the State in their home, of their movements and over their reproductive choice, choice of partners, food habits, etc.

With reference to the given excerpt, answer the following:

(a) What is the Right to Privacy? Under which Article of the Constitution is the Right to Privacy included?

(b) Why is the Right to Privacy subjected to 'Just Restrictions'?

(c) Why is it defined in the excerpt as a 'historic judgement having far reaching impact'?

Answer

(a) The Right to Privacy is a fundamental right which protects an individual's personal life and dignity from unwarranted interference. On August 24, 2017, the Supreme Court of India declared the Right to Privacy a fundamental right. It is not separately articulated in the Constitution but can be derived from Articles 14, 19 and 21 of the Constitution.

(b) The Right to Privacy is not absolute and can be restricted to protect legitimate state interests (such as national security, crime prevention, or social welfare delivery). However, any such state restriction must pass a strict three-fold test:

1. Legality: There must be an actual law in place that justifies the encroachment.
2. Need/Legitimacy: The restriction must address a valid, non-arbitrary state requirement.
3. Proportionality: The legal means used by the state must be proportional to the objective it aims to achieve.

(c) It is defined as a 'historic judgement having far reaching impact' because of the following reasons:

1. It is a fundamental right that continues to affect laws, governance and everyday life.
2. It has recognised privacy as essential to human dignity, freedom and autonomy, and protects individuals from arbitrary state interference.
3. It impacts all existing and future laws such as those related to surveillance, data collection of individuals and technology.
4. With the increasing use of digital technology, it safeguards citizens' personal data and online privacy, making it highly relevant.
5. It limits state power by restricting the government from intruding into the private life of individuals unless it is lawful, necessary and reasonable.

With reference to the Fundamental Duties, answer the following:

(a) What are known as Fundamental Duties?

(b) Give any three Fundamental Duties.

(c) What is the importance of these Duties?

Answer

(a) The Fundamental Duties are the basic moral and civic obligations which are expected from the citizens. The Fundamental Duties and Fundamental Rights go hand in hand. For example, the right to freedom implies that we have to maintain a self-restraint and accord similar rights to others which we want for ourselves.

(b) Three Fundamental Duties are:

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.

(c) Importance of Fundamental Duties are:

1. To make the citizens aware of their social and economic obligations.
2. To warn them to do and not to do certain things in the interest of their country, fellow citizens and themselves.
3. To protect and awaken the people to their cultural heritage.
4. To tame the unruly elements in society.
5. To strengthen national harmony as they stir up patriotism

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.

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

(c) (i) For the transfer of a case from lower to higher court.
(ii) To prohibit a lower court from proceeding in a case.

Answer

(a) Quo- warranto

(b) Mandamus

(c) (i) Writ of Certiorari

(ii) Writ of Prohibition

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

Fundamental Rights and Fundamental Duties are two sides of the same coin. They are interconnected and interdependent. If every citizen understands and practices their Fundamental Duties while enjoying their Fundamental Rights, it would lead to a harmonious and progressive society. For example, the Right to Equality ensures that every citizen is treated equally, irrespective of their religion, race, caste, sex, or place of birth. On the other hand, it’s the Fundamental Duty of every citizen to respect others, their rights, and not to discriminate. If everyone practices this duty, it would reinforce the Right to Equality, leading to a more equitable society.