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

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

1. Right to vote
2. Right to protest
3. Right to enter the country
4. Right to freedom

Answer

Right to vote

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

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

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.

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.

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

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

Answer

19(1)

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

Which of the following is incorrectly matched?

1. Habeas Corpus: to have the body
2. Mandamus: we order
3. Quo-Warranto: to be informed
4. Writ of Certiorari: information of what is going on

Answer

Quo-Warranto: to be informed

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

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.

Which of the following is incorrect?

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

Answer

Right to Equality: Article 14-19

Fundamental Duties : Part IV :: ............... : Part III.

1. Universal Adult Franchise
2. Fundamental Rights
3. Single citizenship
4. Constitutional Remedies

Answer

Fundamental Rights

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

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

The Fundamental Rights are justiciable as a suit can be filed in a high court or the Supreme Court if Fundamental Rights are violated. Article 32 gives the right to constitutional remedies. This right is given to citizens to move supreme court for enforcement of other fundamental Rights conferred on them.

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 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 imoral 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.

Answer

The Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976.

The Fundamental Duty which has been added by the Constitution (86th Amendment) Act, 2002 is "it is the duty of a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years".

To whom can the citizens of India file can 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 inclusion of Right to Freedom in the Indian Constitution, state the following:

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

(b) What do these freedoms imply?

(c) Explain the restrictions imposed on these rights.

Answer

(a) Three freedoms given under Article 19 are:

1. Freedom of speech and expression
2. Freedom to assemble peacefully without arms.
3. Freedom to form associations and unions.

(b) These freedoms imply that the citizens of India are provided with freedom to live anywhere and move freely across India, practice any profession, assemble peacefully, form associations etc. The state government cannot make laws to curtail these freedoms. Freedom of speech and expression is provided which includes freedom of press.

(c) There are some restriction on the Right to Freedom. Right to Freedom does not mean that the State cannot make laws for the public good and protection of trade and profession. Similarly Right to reside and settle in any part of India cannot go against the laws of a particular territory where larger national interest is involved.

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 question:

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

(b) Why is this right important?

(c) Explain any two writs issued by courts for enforcement of 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) Two writs issued by courts for enforcement of this right are:

1. Habeas Corpus — It means 'to have the body'. By issuing such a writ, the High court or the Supreme Court orders the person or a group of persons or the State who has detained an individual to produce the latter before the court to examine the legality of his detention and get him released if he is unlawfully detained. This writ is thus a great safeguard for the personal freedom of a citizen.
2. Mandamus — In Latin it means 'we order'. It is a command or an order from a superior Court to a lower or an administrative authority to perform a certain duty.

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 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.