Students must practice these AP Inter 2nd Year Civics Important Questions 2nd Lesson Fundamental Rights and Directive Principles of State Policy to boost their exam preparation.
AP Inter 2nd Year Civics Important Questions 2nd Lesson Fundamental Rights and Directive Principles of State Policy
Long Answer Questions
Question 1.
Explain the characteristic features of Fundamental Rights.
Answer:
The characteristic features of Fundamental Rights may be explained as follows:
1. Some of the Fundamental Rights are granted to the ‘citizens’ alone. For example, equality of opportunity in matters of public employment, protection against discrimination on any ground; freedom of speech, assembly, association, etc. and cultural and educational rights of the minorities.
2. Some of the Fundamental Rights are positive in nature. They provide scope for the citizens to enjoy some types of freedom. On the other hand, some of the Fundamental Rights are negative in nature. They impose some restrictions upon the activities of the State.
3. Fundamental Rights are not absolute. In this sense the State can impose reasonable restrictions on their utilisation and enjoyment in the interest of public order, morality and friendly relations with foreign states.
4. State may impose some restrictions on all or some of the Fundamental Rights of the citizens during the emergency. The President of India can suspend all the Fundamental Rights except Article 21 (Right to Life. during the national emergency. However, the freedoms guaranteed can’t be restricted by any body.
5. Fundamental Rights are a component of the Indian Constitution. So they can’t be altered through ordinary laws.
6. Fundamental Rights are comprehensive, integrative and detailed in nature. Some restraints have also been imposed against the utilization of these rights under specific conditions.
7. Fundamental Rights are protected by the judicial organizations in the country. Especially the Supreme Court and State High Courts play a crucial role in this regard. They ensure justice to those whose rights are infringed or confiscated by others including the State authorities. They issue several writs for the protection of Fundamental Rights.
8. Fundamental Rights serve as the main means for proper utilization of the capacities and intelligence hidden among the Indian citizens.
9. Though the Constitution guarantees six categories of Fundamental Rights, all are not of equal weight. That is, there can be discovered a hierarchy of values. It becomes evident when Justice. M. Hidayatullah in the Golaknath Case ruled that right to property is the ‘weakest of all rights’.
Question 2.
Explain the various types of Directive Principles of State policy mentioned in Indian Constitution. [March 2018,’17; May ’16]
Answer:
Introduction: Directive principles of State Policy are incorporated in Part – IV from Articles 36 to 51 of our Constitution. These were borrowed from the Irish Constitution.
Types of Directive Principles:
Directive principles are classified into three types. They are: i. Socialist principles, ii. Liberal-intellectual principles and iii. Gandhian principles.
i) Socialist principles: Articles 38, 39, 41, 42, 43, 46 and 47 explain about these principles.
- Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which social, economic and political justice shall be ensured to the people.
- Article 39 provides that the state shall take steps to guarantee, Adequate means of livelihood for all the people, Equal pay for equal work, Protection of adult and child labour, etc.
- Article 41 provides security to right to work and education for all the people.
- Article 42 directs the government to make provisions for just and human conditions of work.
- Article 43 directs the government to take steps to secure living and decent standard of life.
- Article 47 says that the government shall take steps for raising the level of nutrition and standard of living of the people and the improvement of public health.
2. Liberal-intellectual principles: These principles represent the ideology of liberalism. These principles are incorporated in Articles 44, 45, 50 and 51 of the Constitution.
They are –
- The State shall secure for the citizens uniform civil code throughout the country. (Article 44)
- The State shall provide free and compulsory education for all the children below 14 years of age. The Constitution (Eighty Sixth Amendment. Act, 2002 substituted the following words in Article 45. “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.” (Article 45)
- The State organize agriculture and animal husbandry on modern and scientific lines. (Article 48)
- The State protect monuments which are declared to be of national importance. (Article 49)
- The State protect and improve the environment and to safeguard forests and wild life. (Article 48A)
- The State shall take steps to separate judiciary from executive in public services of the State. (Article 50)
3. Gandhian principles: These principles are based on Gandhian ideology. These principles are reflected in Articles 40, 43, 46 and 47 of our constitution. They are
- The State shall organize village Panchayats and endow them with adequate powers and authority so as to enable them to function as the units of self-government. (Article 40)
- The State shall strive for the promotion of cottage industries on individual or co-operative basis in rural areas. (Article 43)
- The State shall promote the educational and economic interests of the SCs, STs and BCs of society with special care. (Article 46)
- The State shall endeavour to bring about prohibition of intoxicating drinks and of drugs which are injurious to health. (Article 47).
Question 3.
Describe the Fundamental Duties incorporated in the Indian Constitution. [March – 2016]
Answer:
Introduction: Fundamental Duties are a significant feature of Indian Constitution. These duties were included in our Constitution in the year 1976 through 42nd Constitutional Amendment Act. These duties were borrowed from the Constitution of USSR.
Fundamental Duties may be explained as follows:
- To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem;
- To cherish and follow the noble ideals which inspired our national struggle for freedom;
- To uphold and protect the sovereignty, unity and integrity of the nation;
- To defend the country and render national service when called upon to do so;
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, and to renounce practices derogatory to the dignity of women;
- To value and pressure the rich heritage of our composite culture;
- To protect and improve the natural environment including forests, lakes, rivers and wildlife and have compassion for living creatures;
- To develop scientific temper, humanism and the spirit of inequity and reform ;
- To safeguard public property and to abjure violence;
- To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement, and
- To provide educational opportunities by the parent or guardian to his child or ward between the age of six and fourteen years.
While the first ten Fundamental Duties came into force with effect from January 3, 1977, the eleventh Fundamental Duty came into force with effect from December 12, 2002.
Question 4.
Explain the differences between Fundamental Rights and Directive Principles of State Policy. [March 2019; May 2017]
Answer:
Introduction:
Fundamental Rights and Directive Principles are two important features of the Indian Constitution. Both are important from the social perspective. They differ from each other as explained here under
Differences between Fundamental Rights and Directive Principles of State Policy
Fundamental Rights
- Fundamental Rights are derived from the Bill of Rights of the Constitution of the USA.
- They are incorporated in Part-Ill of the Indian Constitution from Articles 12 to 35.
- They are justiciable rights. It means that they are enforceable by a court of law.
- They are legal in nature.
- They are guaranteed by the Constitution.
- They are negative in nature as they restrict the sphere of State activity. It means it presents the government from doing certain things.
- They are individual – oriented.
- They are imperative as they do not allow others to interfere in one’s rights.
- They are meant for the citizens.
- They are enforceable without a separated legislation.
- These rights help in transforming India into a democratic State in political sphere.
- The significance of these rights is legal.
Directive Principles of State Policy
- Directive Principles of State Policy are drawn on the model of the Constitution of Ireland.
- They are embodied in Part-IV of the Indian Constitution from Articles 36 to 51.
- They are non-justiciable rights. It means that they are not enforceable by law.
- They are social in nature.
- They are not guaranteed by the Constitution.
- They are positive in nature as they extend the sphere of State activity. They exhort the government to do certain things.
- They are social welfare – oriented.
- They are not imperative as they do not entitle a person to file a petition in a court of law for their enforcement.
- They are meant to the society at large.
- They can be implemented only by making a relevant legislation.
- They enable the State to achieve social and economic democracy in India.
- The significance of these rights is moral rather than legal.
Question 5.
Explain the Fundamental Rights as guaranteed in the Indian Constitution.
Answer:
Introduction: Fundamental Rights are incorporated in Part – III from Articles 12 to 35 of the Indian Constitution. These fundamental rights are derived from the Constitution of USA. Part III of the Indian Constitution is rightly described as the ‘Magna Carta of India’.
Fundamental Rights are analyses as follows:
1. Right to Equality: Articles 14 to 18′ explain about this right.
According to Article 14, the State shall not deny any person equality before law or equal protection of laws within the territory of India. The word equality before law’ was taken from the Constitution of UK and the word ‘equal protection of laws’ was incorporated from the Constitution of USA.
Article 15 prohibited discrimination between individuals on the basis of religion, race, caste, gender or place of birth. It provided for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship.
Article 16 guarantees equality of opportunity in matters of public employment. It is further provided that in respect of public employment, the State can make no discrimination on grounds of religion, race, and caste, and gender, place of birth or residence.
Article 17 abolished untouchability and prohibited its practice in any form. It empowered the Parliament to formulate laws in this regard.
Article 18 prohibits the State to confer any title, other than military or academic distinction on the citizens. It porhibits the citizens to accept any title from foreign states without the consent of the Indian President.
2. Rights to Freedom: Articles ’19 to 22′ explain about this Fundamental Right.
Article 19 provides six freedoms to the people. They are: a. Freedom of speech and expression, b. Freedom of peaceful assembly with out arms, c. Freedom to form associations and unions, d. Freedom of movement through out the country, e. Freedom of settlement in any part of the country, f. Freedom of occupation.
Article 20 deals with personal life and liberty that provides for the protection in respect of conviction for certain offences.
Article 21 specifies that no person shall be deprived of his life or personal liberty, except, according to the procedure established by law. it should be noted that the rights granted under Articles 20 and 21 cannot be suspended even during the emergencies.
Article 22 relates to protection against an arrest and detention. Accordingly, no person shall be detained in custody without being informed, as soon as may be, on the grounds for such arrest.
3. Right against Exploitation : Articles 23 or 24 explain about this right.
In our country, there are millions of people who are underprivileged and deprived. They are subjected to exploitation by their fellow human beings. One such form of exploitation is ‘begar’ or ‘forced labour’ without payment. Anotherdtosely related form of exploitation is trafficking of human beings and using them as slaves. Both are prohibited under Article 23 of our Constitution.
Article 24 of the Indian Constitution forbids all forms of child labour below the age of 14 years in factories, mines and other hazardous industries.
4. Right to Freedom of Religion: Articles 25 to 28 explain about this right.
Article 25 empowers every person to profess, practice and propagate a religion of his liking. However, the State can make a law regulating the activities of religious publicity in the interests of nation.
Article 26 guarantees the following rights to every person
- To establish and maintain religious and charitable institutions.
- To manage his/her religious affairs.
- To own and acquire moveable and immovable properties, and
- To maintain such properties in accordance with the provision of the law.
Article 27 prohibits the State to impose or collect taxes from individuals purely on
religious grounds.
Article 28 bans religious instructions in educational institutions wholly or partly maintained by the State funds.
5. Educational and Cultural Rights: Articles 29 and 30 explain about this right.
Article 29 enables every citizen to preserve and protect his own language and culture irrespective of one’s religion, language or region. It also entitles the minorities to preserve their language and culture.
Article 30 prohibits special treatment to any citizen in the admission into educational institutions either wholly or partly funded by the State on the grounds of caste, religion, region, colour, language or sect.
6. Right to Property: Article 19(1. (f. and Article 31 explain about this right. But the Right to property was deleted from the list of Fundamental Rights in the year 1978 through 44th Constitutional Amendment Act.
7. Right to Constitutional Remedies: Article 32 of our constitution explains about this right.
Dr. B.R. Ambedkar rightly described this right as heart and soul of the Constitution’. As this right gives a citizen the right to approach a High Court under Article 226 or the Supreme Court under Article 32 to get any of the Fundamental Rights restored in case of their violation, the Supreme Court and the High Courts can issue orders and give directions to the governments for the enforcement of the above rights. The courts can issue various writs like Habeas Corpus, Mandamus, Prohibition, Quo warranto and Certiorari.
Short Answer Questions
Question 1.
Write a note on the changing relationship between Fundamental Rights and Directive Principles of State Policy.
Answer:
Directive Principles of State Policy have become politically important and the relation between the two has undergone several changes.
Now the debatable question is what would happen in case of a conflict between Fundamental Rights which denote the interests of the individuals, and the Directive Principles of the State Policy, which stand for the welfare of the society. This conflict has become a political issue.
The Supreme Court consistently held the opinion that the Directive Principles of State Policy should be subsidiary to the Fundamental Rights. Judgements in various disputes like Sajjan Singh Vs the State of Rajasthan, Qureshi Vs the State of Bihar and Golaknath Vs State of Punjab, the Supreme Court confirmed its stand and reiterated that it is the duty of Parliament to enforce the Directive Principles without tampering the Fundamental Rights.
As a result of the invalidation of certain laws like the Nationalization of Banks, Abolition of Privy Purses, the Parliament enacted the (Twenty Fifth Amendment. Constitution Act in 1971 which declared that the enforcement of the Directive Principles of State policy shall not be invalidated by any court on the ground that it violates the Fundamental Rights in Articles 14, 19 and 31 of the Constitution.
Question 2.
Explain any three Fundamental Rights of a Citizen.
Answer:
Fundamental Rights are analysed as follows:
1. Right to Equality: Articles ’14 to 18’ explain about this right.
According to Article 14, the State shall not deny any person equality before law or equal protection of laws within the territory of India. The word ‘equality before law’ was taken from the Constitution of UK and the word ‘equal protection of laws’ was incorporated from the Constitution of USA.
Article 15 prohibited discrimination between individuals on the basis of religion, race, caste, gender or place of birth. It provided for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship.
Article 16 guarantees equality of opportunity in matters of public employment. It is further provided that in respect of public employment, the State can make no discrimination on grounds of religion, race, and caste, and gender, place of birth or residence.
Article 17 abolished untouchability and prohibited its practice in any form. It empowered the Parliament to formulate laws in this regard.
Article 18 prohibits the State to confer any title, other than military or academic distinction on the citizens. It prohibits the citizens to accept any title from foreign states without the consent of the Indian President.
2. Right to Freedom: Articles ’19 to 22′ explain about this fundamental right.
Article 19 provides six freedoms to the people. They are a. Freedom of speech and expression, b. Freedom of peaceful assembly without arms, c. Freedom to form associations and unions, d. Freedom of movement throughout the country, e. freedom of settlement in any part of the country, f. Freedom of occupation.
Article 20 deals with personal life and liberty that provides for the protection in respect of conviction for certain offences.
Article 21 specifies that no person shall be deprived of his life or personal liberty, except, according to the procedure established by law. It should be noted that the rights granted under Articles 20 and 21 cannot be suspended even during the emergencies.
Article 22 relates to protection against an arrest and detention. Accordingly, no person shall be detained in custody without being informed, as soon as may be, on the grounds for such arrest.
3. Right against Exploitation: Articles 23 and 24 explain about this right.
In our country, there are millions of people who are underprivileged and deprived, they are subjected to exploitation by their fellow human beings. One such form of exploitation is begar’ or ‘forced labour’ without payment. Another closely related form of exploitation is trafficking of human beings and using them as slaves. Both are prohibited under Article 23 of our constitution.
Article 24 of the Indian Constitution forbids all forms of child labour below the age of 14 years in factories, mines and other hazardous industries.
Question 3.
Describe the six freedoms of a citizen.
Answer:
Right to freedom is another fundamental right conferred to Indian citizens. It comprises a. Freedom of speech and expression, b. Freedom of peaceful assembly without arms, c. Freedom of form associations and unions, d. Freedom of free movement throughout the territory of India, e. Freedom of residence and settlement in any part of the territory of India and f. Freedom of practice any profession, occupation, trade or business. Originally, Article 19 contained seven freedoms. But Article 19(l)(f. denoting freedom to acquire, hold and dispose of property was deleted by the constitution (Forty Fourth Amendment. Act of 1978. As a result at present there are only six freedoms.
Question 4.
Write briefly on the Right to Constitutional Remedies.
Answer:
Article 32 of the Indian Constitution explains about this Right.
Dr. B.R. Ambedkar rightly described this right as ‘heart and soul of the Constitution’. As this right gives a citizen the right to approach a High Court under Article 226 or the Supreme Court under Article 32 to get any of the Fundamental Rights restored in case of their violation, the Supreme Court and the High Courts can issue orders and give directions to the governments for the enforcement of the above rights. The courts can issue various writs like Habeas Corpus, Mandamus, Prohibition, Quo warranto and Certiorari.
Question 5.
Explain any five differences between Fundamental Rights and Directive Principles of State Policy. [March-2016]
Answer:
The five differences between Fundamental Rights and Directive Principles of State Policy may be explained.as follows:
Differences between Fundamental Rights and Directive Principles of State Policy
Fundamental Rights
- Fundamental Rights are derived from the Bill of Rights of the Constitution of the USA.
- They are incorporated in Part-111 of the Indian Constitution from Articles 12 to 35.
- They are justiciable rights. It means that they are enforceable by a court of law.
- They are legal in nature.
- They are guaranteed by the Constitution.
Directive Principles of State Policy
- Directive Principles of State Policy are drawn on the model of the Constitution of Ireland.
- They are embodied in Part-IV of the Indian Constitution from Articles 36 to 51.
- They are non-justiciable rights. It means that they are not enforceable by law.
- They are social in nature.
- They are not guaranteed by the Constitution.
Question 6.
Explain the important characteristics of Directive Principles of State Policy.
Answer:
The important characteristics of Directive Principles of State Policy may be explained as follows:
- Directive Principles of State Policy are fundamental in the governance of the country.
- They are in the form of Directives or Instructions issued to the successive governments in India.
- They are positive in nature as they extend the jurisdiction of the governments at various levels in India.
- Enforcement of these principles depends upon the availability of financial resources of the State.
- They are popular in nature as they aim at the establishment of egalitarian society.
- They have to be implemented by any party in power irrespective of its political ideology.
Question 7.
Examine the implementation of Directive Principles of State Policy.
Answer:
Directive Principles of State Policy are fundamental in the governance of the country. The Union as well as the State Governments, since 1950, have been continuously taking various steps to implement them from time to time. These are mentioned below:
- Abolition of Zamindari, Jagirdari and Inamdari systems.
- Introduction of Land Ceiling Acts.
- Abolition of Privy Purses.
- Nationalization of 14 leading commercial banks.
- Establishment of Khadi and Village Industries Board etc.
- Organization of Village Panchayats.
- Reservation of seats are reserved for SCs and STs in educational institutions and representative bodies.
- Enactment of Ancient and Historical Monuments and Archeological Sites Remains Act 1951.
Question 8.
Explain the significance of Directive Principles of State Policy.
Answer:
Directive Principles of State Policy are considered as the most significant feature of the Indian Constitution. The makers of Indian Constitution left the implementation of these principles to the discretion of the future governments. Granville Austin has described the Directive Principles and Fundamental Rights as ‘the conscience of the constitution’. Dr. B.R. Ambedkar, the Chairman of Drafting Committee, narrated these Principles a ‘novel feature’ of Indian Constitution. This part of the Constitution should be regarded as the sister part of all that we have seen in the list of Directive Principles of State Policy. As such, Part-Ill and Part-IV of our constitution are integral parts of the original law of the land.
Directive Principles are to be implemented by any party in power. Hence they serve as guide lines to the legislative and executive branches of the government. They create a congenial atmosphere for the people for enjoying their rights. They provide a roadmap of reforms to the government. They ensure stability and continuity of’the policies of the future governments.
Very Short Answer Questions
Question 1.
Fundamental Rights
Answer:
The makers of Indian Constitution have incorporated Fundamental Rights in Part-Ill from Articles 12 to 35 of the constitution. Fundamental Rights are a component of the Indian Constitution. So they cannot be altered through ordinary laws. At present Indian Constitution guarantees six Fundamental Rights to the Indian Citizens. They are i. Right to Equality, ii. Right to Freedom, iii. Right against Exploitation, iv. Right to Freedom of Religion, v. Educational and Cultural Right and vi. Right to Constitutional Remedies.
Question 2.
Types of Directive Principles [March-2019]
Answer:
Directive Principles are classified into three types on the basis of their content and direction. They are:
- Socialist Principles,
- Liberal-intellectual Principles and
- Gandhian Principles.
Question 3.
Habeas Corpus [March 2016; May ’16]
Answer:
Literally it means ‘to have the body of. It is issued by the court to affect the release of a person who has not been detained legally.
Question 4.
Mandamus
Answer:
It means we command’. This writ is a command issued by the court to a public official to do a duty which he has failed to do.
Question 5.
Cultural and Educational Rights
Answer:
Articles 29 and 30 of the Indian Constitution explain the Cultural and Educational Rights. Article 29 enables every citizen to preserve and protect his own language and culture irrespective of one s religion, language or region. Article 30 prohibits special treatment to any citizen in the admission into educational institutions either wholly or partly funded by the state on the grounds of caste, religion, region, colour, language, etc.
Question 6.
Gandhian Ideas of Directive Principles of State Policy
Answer:
These principles are based on Gandhian ideology. They are
- The State shall organise village panchayats and endow them with adequate powers.
- The State shall strive for the promotion of cottage industries.
- The State shall try to bring about prohibition of intoxicating drinks and drugs.
Question 7.
Significance of Fundamental Duties [March 2017; May ’17]
Answer:
Fundamental Duties aim at making Indian citizens socially conscious and responsible. They serve as warning against anti-national and anti-social activities. They serve as the source of inspiration for the citizens to promote sense of discipline and commitment.
Question 8.
Mention any three liberal principles.
Answer:
- The State shall secure for the citizens uniform civil code throughout the country. (Article 44.
- The State shall provide free and compulsory education for all the children below 14 years of age. (Article 45.
- The State shall organise agricultural and animal husbandry on modern and scientific lines. (Article 48.
Question 9.
Quo-Warranto
Answer:
It means ‘by what authority’ or ‘warrant’. If the court finds that a person is holding a public office which is not entitled to hold that office, it issues this writ for restricting that person from acting in that office. This writ is also not issued with respect to the private offices.
Question 10.
Right to Religion
Answer:
Articles 25 to 28 of the Indian Constitution explain the Right to freedom of Religion. Article 25 empowers every person to profess, practise and propagate a religion of his own choice. Article 26 guarantees every person to establish and maintain religious and charitable institutions. Article 27 prohibits the state to impose or collect taxes from individuals purely on religious grounds. Article 28 bans religious instructions in public or funded educational institutions.
Question 11.
Right against Exploitation
Answer:
Articles 23 and 24 of the Indian Constitution explain this right. Article 23 abolishes bonded labour, slavery, trafficking of human beings and any practice derogatory to the dignity of women.
Article 24 forbids all forms of child labour below the age of 14 years in factories, mines and other hazardous industries.