Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy Textbook Questions and Answers.
AP Inter 2nd Year Civics Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy
Long Answer Questions
Explain the characteristic Features of Fundamental Rights.
Fundamental Rights :
Fundamental Rights are an important feature of Indian constitution. They are meant for Indian citizens realising the ideal of political democracy. These rights are assigned to the Indian citizens. They enable the citizens to realize their personality. Fundamental Rights will act as a means for leading a happy and honourable life by citizens their render strength and succor to the citizens. They serve as the main source for realising the ideals of political democracy in India.
The makers of Indian constitution have incorporated Fundamental Rights in Articles 12-35 in part III of the constitution.
Characteristics features of Fundamental Rights :
Fundamental Rights have the following characteristic features.
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. On the other hand, some of the fundamental rights are available to any person living in the country whether Indian of foreign. For example, equality before law and its equal protection, protection of life, freedom of religion etc.
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 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. The ensure justice to those whose rights are infringed or confiscated by others including the state authorities. They issue several writes 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 three 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’.
Explain the various types of Directive principles of state policy mentioned in Indian constitution. [Mar. 18, 17]
Directive principles of state policy are enumerated in articles from 36 to 51 in past -IV of the Indian constitution. They are borrowed from the Irish constitution. They help in realizing the objectives mentioned in the preamble.
Types of Directive principles of state policy: Directive principles can be classified into three broad categories namely Socialistic, Liberal-intellectual and Gandhian principles.
Article 36 defines the term “State”.
Article 37 declares that the directive principles shall not be enforceable by any court.
1) Socialist Principles:
Articles 38,39,41,42,43 and 47 explains about the socialistic ideology of the directive principles of state policy.
1. Article 38 prescribes that the state shall strive to provide justice and promote welfare of the people by creating a proper economic, social and political atmosphere.
2. Article 39 directs the state to secure its citizens.
- Adequate means of livelihood for all citizens.
- Equitable distribution of wealth for sub-serving the common good.
- Equal pay for equal work for all.
- Protection of adult and child labour.
- Decentralization of nation’s wealth.
- Preserving the health and strength of workers, men and women.
- Protecting childhood and youth against exploitation.
3. To secure right to work and education for all people* relief in the case of unemployment; old age; sickness and disablement and in dther cases of under served want. (Article 41).
4. To make provision for just and human conditions of work and maternity relief (Article 42).
5. To secure living wage and decent standard of life so as to ensure to the workers sufficient leisure and enjoyment of social and cultural Opportunities. (Article 43).
6. Raising the level of nutrition and standard of living of the people and the improvement of public health (Article 47).
2) Liberal-intellectual Principles:
The principles represent the ideology of liberalism and certain objective like provision of basic education, uniform civil code, independent judiciary and international peace. They are incorporated in Articles 44, 45, 50 and 51 of the Constitution.
- 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 endeavor 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 modem 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 48 A)
- The State shall take steps to separate judiciary from executive in public services of the State. (Article 50)
- The State shall (a) promote international peace, justice and security, (b) Maintain just and honorable relations with other nations (c) protection of monuments and place of historical and cultural interest (d) respect for international laws and treaty obligations; and (e) encourage settlement of international dispute by arbitration. (Article 51)
3) Gandhian Principles :
These Principles are based on gandhian ideology. They represent the programme of reconstruction enunciated by Mahatma Gandhi during the national movement. These principles provide ideal rule in India. They are reflected in Articles 40, 43, 46 and 47. They may be enumerated as under.
- 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 cooperative 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)
Other Principles :
The Constitution (Forty Second and Forty-Fourth Amendment) Acts of 1976 and 1978 added a few more subjects to the list of Directive Principles. While the Constitution (Forty Second Amendment) Act inserted Articles 39A, 43A, and 48 A, the Constitution (Forty Fourth Amendment) Act included Article 39 Clause (2). They cc the following provisions.
- Providing opportunities for healthy development of children.
- Promotion of equal justice and legal aid to the poor.
- Securing participation of workers in the management of industries.
- Protecting the environment, forests and wild animals.
Describe the Fundamental Duties incorporated in Indian Constitution. [Mar. 16]
Fundamental Duties are a significant feature of Indian Constitution. They are incorporated in our constitution by the constitution 42nd amendment act of 1976 in part – IV under article 51 A. They are borrowed from Russian Constitution. They are 11 in number as mentioned below :
- To abide by the Constitution and respect the National Flag and the National Anthem.
- To cherish and follow the noble ideals which inspired our national struggle for freedom.
- To protect the sovereignty, unity and integrity of India.
- 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 and renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, rivers and wildlife and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity.
- To provide educational opportunities by the parent or guardian to his child or ward between the age of six and fourteen years.
Explain the differences between Fundamental Rights and Directive principles of State Policy.
Fundamental Rights are incorporated in Part – III (Article 12 to 35) of our Constitution. Fundamental Rights are of great significance. They serve as the best means to safeguard the life, liberty and property of individuals. They act as the main instrument for releasing the inherent talents and capabilities of the individuals. Fundamental Rights are borrowed from the American Constitution. These are justiciable and can be enforced by the courts.
The Directive Principles of State Policy is a feature of Indian Constitution. They are included in Part -IV from Articles 36 to 51. The principles help to realize the objectives mentioned in the preamble of our Constitution. The makers of our Constitution drew them from the Irish Constitution. These are directives to different governments and agencies of our country. These principles aim at transforming our country into a Welfare State. The rulers have to respect them. They cannot be enforced through any Court of Law. The I governments have to implement them subject to availability of funds. They explain the I responsibilities of the State towards the people.
Differences between Fundamental Rights and Directive Principles of state policy :
|Fundamental Rights||Directive Principles of state policty|
|1) The concept was borrowed from the American Constitution.||1) The concept was borrowed from the Irish Constitution.|
|2) These are enumerated in Part – III of the Constitution covering articles from 12 to 35.||2) These are enumerated in Part – IV of the Constitution covering articles from 36 to 51.|
|3) These-are negative in character in the sense that they prohibit the Government from doing certain things.||3) These are positive in character in the sense that they direct the government to work for the attainment of certain objects.|
|4) These aim at establishing political democracy in the country.||4) These aim at establishing social and economic democracy in the country.|
|5) These have constitutional sanction and so their implementation needs no legislation.||5) These have no constitutional sanction and so their implementation needs legislation.|
|6) These are justicable and can be enforced by the courts.||6) These are non – justiciable and cannot be enforced by the courts.|
|7) A law violating a Fundamental Right can be declared by the court as unconstitutional.||7) A law violating a Directive Principle cannot be declared by the court as unconstitutional.|
|8) These are personal and individualistic in nature.||8) These are societarian and socialistic in nature.|
|9) These promote the welfare pf the individual.||9) These promote the welfare of the society.|
|10) These have been laid down in clear legal language.||10) These are stated in general terms.|
Short Answer Questions
Write a note on the changing Relationship between Fundamental Rights and Directive Principles of State Policy.
Fundamental Rights and Directive principles of state policy are the salient features of Indian Constitution.
Changing Relationship between Fundamental Rights and Directive Principles :
Although a distinction is mode, between fundamental rights and directive principles of sate policy by way of justiciable and non-justiciable nature. Yet over the years directive principles of state policy have become politically important and the relation between the two has undergone several changes.
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 state of Rajasthan 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 declated that the enforcement of the directive principles of state policy shall not be invalidated by any court on the grand that it violates the fundamental rights in articles 14, 19 and 31 of the constitution.
Again the (Forty Second Amendment) constitution Act passed by Parliament in 1976 declared that no law, giving effect to any of all directive principles, shall be invalid on the ground that it infringes on Fundamental Rights. However, in the Minerava Mills case, the Supreme court restricted the original supremacy and sanctity of the fundamental rights over the directive principles of state policy. Thus, the fundamental rights have primary over the directive principles.
In the case of Keshavananda Bharati Vs state of Kerala. The supreme court held that the Parliament cannot among the basic structure of the constitution. By implication the Supreme court considered fundamental rights as a part of the basic structure of the constitution.
Explain any three fundamental rights of a citizen. [Mar. 18]
1) Right to freedom of Religion :
This right denotes the secular nature of Indian political system. It aims at transforming India into a secular state. Both the citizens and aliens of India enjoy this right.
Article 25 empowers every persons to profess, practice and propagate a religion of this liking.
Article 26 guarantees the following rights to every person.
- To establish and maintain religious and charitable institutions.
- To mange his their 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. It also prohibits the state to’impose and collect taxes for the benefit and maintenance of any particular religion or religious denominations.
Article 28 bans religious instructions in educational institutions wholly or partly maintained by the state funds.
2) Educational and Cultural Rights :
Indian constitution provided several cultural and educational opportunities for Indian citizens through this right. 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 or sect. However, it allowed the minotities some special facilities for preserving and promoting their language and culture. The state can grant financial assistance to them in this regard.
3) Right to Constitutional Remedies :
This right enables the individuals 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 state High courts issue various writs for the implementation of Fundamental Rights. Dr. Ambedkar described this right as the Heart and Soul of the constitution.
Describe the six Freedoms of a citizen. [Mar. 17]
Our constitution in chapter III under Article 19 (clause 1) guarantees certain fundamental rights subject to certain restrictions. They are also known as fundamental freedoms. They are :
- Freedom of speech and expression.
- Freedom of peaceful Assembly without Arms.
- Freedom of Associations and Unions.
- Freedom of movement throughout the territory of India.
- Freedom of residence and settlement in any part of the Territory of India.
- Freedom of profession, trade occupation or business.
These freedoms would facilitate the progress of Indian citizens in social, political and economic spheres. These freedoms are not absolute. The state may, if necessary, impose certain reasonable restrictions on the enjoyment of the above freedoms by the Indian citizens. These restrictions relate to the maintenance and safe guarding of the independence, sovereignty, integrity, law and order.
Write briefly on the right to Constitutional Remedies.
This right is the most significant of all the fundamental rights. It extends protection and relief to those whose Fundamental Rights were abridged, confiscated or infringed by others including the public, authorities. As this right gives a citizen the right to approach a rights restored in case of their violation. The supreme court and the High court can issue orders and give directions to the governments for the enforcement of the Fundamental Rights. The courts can issue various writs like habeas corpus, Mandamus, prohibition, Quowarranto and certiorari Dr. Ambedkar rightly described this right as Heart and Soul of the constitution.
Explain any five differences between Fundamental rights and Directive principles of state policy. [Mar. 16]
|Fundamental Rights||Directive Principles|
|1) The concept was borrowed from American constitution.||1) The concept was borrowed from Irish Constitution.|
|2) These aim at establishing a political democracy in the country.||2) These aim at establishing a social and economical democracy in the society.|
|3) These are justicable and then enforced by the courts.||3) These are non-justicable and cannot be enforced by the courts.|
|4) These are personal and Individualistic in nature.||4) These are societarian and socialistic in nature.|
|5) These promote the welfare of the Individual.||5) These promote the welfare of the society.|
Explain the important characteristics of Directive principles of State Policy.
The following are the characteristics of the Directive principles :
- These are in the form of directives or instructions issued to the successive governments.
- These are positive in nature as they extend the jurisdiction of the powers and functions of the governments at various levels in India.
- Enforcement of these principles depends upon availability of financial resources.
- They are popular in nature as they aim at the establishment of egalitarian society.
- They are supposed to be implemented by any party in power irrespective of it’s policies and Ideology.
- Failure to implement these principles is not considered as a breach of law.
- They are non-justicable in nature as no one can force the governments to implement them immediately. The governments have discretion in implementing these principles.
Examine the implementation of Directive principles of state policy.
Keeping in view the fact, 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 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.
- Separating criminal procedure code from the executive.
- Prohibition of cow slaughter, calves and bullocks in some States.
- Establishment of primary health centers and hospitals throughout the country.
- Implementation of Non-Alignment and Panchasheel Principles.
- Initiation of old age pension schemes.
- Introduction of unemployment schemes.
- Enactment of Minimum Wages Act.
- Enactment of Wild Life Act.
Explain the significance of Directive principles of State Policy.
Directive principles of state policy are considered as the most significant feature of the Indian constitution. They have great significance in the administration of our country. Though they lack legal sanction, they enjoy popular support and possess public sanction. If the party in power fails to implement these principles, it has to face resistance from the electorate in the coming elections.
So, no government can afford to ignore the implementation of these principles. The opposition, the press and the electorate would exert pressure on the government for implementing these principles. Hence the union government considered these principles as the basis for the functioning of National Planning Commission (or) NITI Ayog. They have helped the cburts in exercising their power of Judicial Review.
To conclude, directive principles of state policy are considered as an authoritative declaration of the aims and aspirations of Indians formulated by their representatives after solemn and mature deliberations as they are considered” as the goal of social Revolution”.
Very Short Questions
Fundamental Rights are an important feature of Indian constitution. They are incorporated in part – III Articles from 12 to 35 in our constitution. They enable the citizens to realise their personality. They are :
- Right to Equality
- Right to Freedom
- Right against exploitation
- Right to Freedom of Religion
- Educational and cultural rights
- Right to constitutional remedies
Types of Directive principles.
On the basis of their content and direction directive principles of state policy can be classified into three broad categories namely socialistic, Liberal – intellectual and Gandhian principles.
Habeas corpus. [Mar. 16]
Habeas corpus literally means “To produce the body of”. It is in the nature of calling upon a person who has detained another to produce the latter before it. The court wants to know on what grounds a person has been detained. This writ frees a person whose detention has no legal justification.
Mandamus literally means “A mandate or command”. It is issued by a competent court for directing any person, corporation or inferior courts requiring him, it or them to do some particular, thing specified there in which appertains to his of their and is in the nature of public duty.
Cultural and Educational Rights.
Article 29 guarantees to every citizen to protect his own language, script or culture. Article 30 provides that all minorities whether based on religion or language shall have the right to establish and maintain educational institutions of their choice.
Gandhian Ideas of Directive principles of state policy.
- 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 cooperative 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).
Significance of Fundamental Duties. [Mar. 17]
Fundamental duties are considered most significant from the following view points.
- The Fundamental Duties act as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
- They serve as warning against antinational and anti social activities.
- They serve as the source of inspiration for the citizens and promote sense of discipline and commitment among them.
- They help the courts in examining and determining the constitutional validity of a law.
Mention any three liberal principles.
- The state shall secure for the citizens uniform civil code throughout the country (Article 44).
- The state organize Agriculture and Animal husbandry on modem and scientific lines, (Article 48).
- The state shall take steps to separate judiciary from executive in public services of the state (Article 50)
Quo – Warranto
Quo – Warranto literally means ‘What Warrant or Authority”. It enables the competent court to enquire into the legality of the claim which a party assets to a public office and to oust him from its enjoyment if the claim is not well founded.
Right to Religion.
This right denotes the secular nature of Indian political system. It aims at transforming India into a secular state. Both the citizens and aliens of India enjoy this right. Articles from 25 to 28 in part – III of Indian constitution deals with right to freedom of Religion. This right enables the individuals to profers, practice and propagate any religion according to their conscience.
Right against exploitation.
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 exploitations 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 constitutions.
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.