Chapter 2 Rights and Duties in the Indian Constitution

Chapter 2 Rights and Duties in the Indian Constitution

Question 1.
Write true or false against each of these statements:
(a) A Bill of Rights lays down the rights enjoyed by the people of a country.
(b) A Bill of Rights protects the liberties of an individual.
(c) Every country of the world has a Bill of Rights.
(d) The Constitution guarantees remedy against violation of Rights.
Answer:
(a) True
(b) True
(c) False
(d) True

Question 2.
Which of the following is the best description of Fundamental Rights?
(а) All the rights an individual should have.
(b) All the rights given to citizens by law.
(c) The rights given and protected by the Constitution.
(d) The rights given by the Constitution that cannot ever be restricted.
Answer:
(c) The rights given and protected by the Constitution.

Question 3.
Read the following situations. Which Fundamental Right is being used or violated in each case and how?
(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
(b) A director makes a documentary film that criticises the policies of the government.
(c) People displaced by a big dam take out a rally demanding rehabilitation.
(d) Andhra society runs Telugu medium schools outside Andhra Pradesh.
Answer:
(a) In this situation, Right to Equality is being violated on the ground of discrimination whereas nobody should be discriminated under the Right to Equality on behalf of Caste, Sex, Religion, Race, etc.
(b) In the second situation the Right to Freedom of Speech and Expression is being used.
(c) People displaced by a big dam take out a rally demanding rehabilitation. Though our Constitution grants right to reside and settle in any part of India in the Right to Freedom. But people have Right to Freedom of speech and expression also. In this case, the government can impose some restrictions to maintain law and order.
(d) This case refers to the rights of linguistic minorities to set up their own educational institutions to preserve their culture. Hence, Andhra Pradesh can enjoy the right to run Telugu medium schools outside Andhra Pradesh.

Question 4.
Which of the following is a correct interpretation of the Cultural and Educational Rights?
(a) Only children belonging to the minority group that has opened educational institution can study there.
(b) Government schools must ensure that children of the minority group will be introduced to their belief and culture.
(c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
(d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.
Answer:
(c) The statement of the above options is the correct interpretation because:

Question 5.
Which of the following is a violation of Fundamental Rights and why?
(a) Not paying minimum wages
(b) Banning of a book
(c) Banning of loudspeakers after 9 pm.
(d) Making a speech
Answer:
(a) Not paying minimum wages is a violation of Fundamental Right because:

Question 6.
An activist working among the poor says that the poor don’t need Fundamental Rights. What they need are Directive Principles to be made legally binding. Do you agree with this? Give your reasons.
Answer:
The most basic necessities of poor people are food, cloth and shelter. Hence, we can say that the activist is partly correct in saying that the poor don’t need Fundamental Right.
Directive principles contain various non-justicable rights on which livelihood of poor depends:

But, we cannot ignore Fundamental Rights which are important to guarantee the Right to Life, Employment and Right against Exploitation.

Question 7.
Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?
Answer:
In this instance, the following Fundamental Rights are being violated:

Question 8.
A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system
(a) Which different rights does this case involve? How are these rights interlinked?
(b) Should these rights form part of the right to life?
Answer:
(a) This case involves the following rights:

(b) Yes, all these rights should form the part of the right to life.

Question 9.
Read the statement by Somnath Lahiri in the Constituent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.
Answer:
After reading Somnath Lahiri’s statement (on page 36 NCERT Textbook). We agree with Lahiri’s views because a police constable vigil over unlawful activities to maintain law and order into the society. Maximum fundamental rights work under this framework only as if, these are violated and requires remedial order by the court later on. These rights do not include:

These are substantive to human life and should be incorporated as fundamental rights of people.

Question 10.
Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.
Answer:
In my opinion, the Right to Constitutional Remedies is considered as the ‘heart and soul’ of Constitution, hence important, because:

A citizen can approach to the Supreme court or High court under this right, in case of violation of any of the  fundamental rights.

The court can issue some special orders for the enforcement of these fundamental rights under the title of:

Under the above mentioned writs, the fundamental rights are defendable.

Extra Questions Solved

Very Short Answer Type Questions

Question 1.
What do you mean by rights?
Answer:
Rights are conditions of social life to be given by society and recognized by the state to promote welfare of the people.

Question 2.
What does ‘duty’ stand for?
Answer:
Duty is the performance towards others, i.e. towards people, or nation or society, etc.

Question 3.
What are ‘Fundamental Rights’?
Answer:
‘Fundamental Rights’ are granted by the Constitution of India to its citizens to be mandatory for the development and progress of the people.

Question 4.
Why Fundamental Rights are important?
Answer:
Fundamental Rights are important because:

Question 5.
What does the Right to Equality stand for?
Answer:
Right to Equality stands for:

Question 6.
Who has the power to amend the Fundamental Rights?
Answer:
The Parliament has the right to amend the Fundamental Right.

Question 7.
Why Right to Freedom of Religion is an important right?
Answer:
The Right to Freedom of Religion is important because:

Question 8.
What is the importance of Article 21 of Indian Constitution?
Answer:
Article 21 provides protection of life and personal liberty, i.e. no person shall be deprived of one’s life except according to the procedure established by law of India.

Question 9.
What do you mean by ‘Right to Freedom’?
Answer:
Right to Freedom implies:

Question 10.
What does the ‘Right to Life’ stand for?
Answer:
Right to Life stands for:

Question 11.
What do you mean by the ‘Right to Work’?
Answer:
Right to work includes:

Question 12.
What do the Fundamental Duties refer in Indian Constitution?
Answer:
The Fundamental Duties were inserted in Constitution by 42nd Amendment in 1976:

Question 13.
What are Directive Principles of State Policy?
Answer:
Directive Principles of State Policy are guidelines only to the government which are ‘non-justiciable’. It implies:

Question 14.
Are there some exceptions to the Right to Equality? Explain.
Answer:
Yes, there are two exceptions to the Right to Equality:

Question 15.
Mention any two discrimination’s against women in our society.
Answer:

Question 16.
Mention the features of the writ of mandamus.
Answer:

Question 17. What do you mean by the writ Quo Warranto?
Answer:

Question 18.
Mention the six Fundamental Rights granted by the Constitution of India alongwith importance of these rights.
Answer:
The Constitution of India guarantees six Fundamental Rights as follows:

Question 19.
Which fundamental rights of Constitution protect the interest of minorities?
Answer:
The following Fundamental Rights especially protect the interests of minorities:

Right to Freedom of Religion The minorities have been given the right and freedom to follow any of the religions as per their choices.

Cultural and Educational Right

Question 20.
Mention some Fundamental Duties of Indian Citizens.
Answer:
In 1976, by 42nd Amendment of the Constitution, ten fundamental duties were inserted. Some of them are as follows:
i) To safeguard the sovereignty and integrity of the nation.
ii) To protect the country and even to serve whenever needed.
(iii) To protect and safeguard those great ideals with which we succeeded in the national struggle.
(iv) To abide by the Constitution and to respect its ideals, National flag and National Anthem.
Answer:
(i) The Fundamental Rights are not absolute because some restrictions can be imposed in the interest of public order, decency or morality.
(ii) These rights are justiciable.
(iii) The state cannot make a law which may violate the Fundamental Rights.
(iv) Some rights are available to all as the Right to Life and personal liberty and some rights are available to only citizens as the Right to Freedom of speech and expression.

Question 21.
Write a note on “National Human Rights Commission”.
Answer:
National Human Rights Commission (NHRC) is composed of:

The commission’s functions are to receive complaints of:

The commission’s most significant intervention has been in the case of disappeared youth in Punjab and investigation and trial of Gujarat riot cases. The commission does not have the power of prosecution, it can merely make recommendations.

Question 22.
What do you mean by Right to Property and Work?
Answer:

Question 23.
“Rights and Duties are interrelated with each other”. Justify the statement.
Answer:
Rights and Duties go hand in hand:

Question 24.
Discuss the importance of the Article 16 of the Constitution in reference of fulfillment of the Right to Equality of opportunity?
Answer:

Question 25.
What do you mean by Right against Exploitation?
Answer:

Passage-Based Questions

Passage 1.
Read the passage (NCERT Textbook, page 29) given below carefully and answer the questions that follow:

Bill of rights in the South African Constitution The South African Constitution was inaugurated in December 1996. Its creation and promulgation took place at a time when South Africa still faced the threat of a civil war after the dissolution of the Apartheid government. The South African Constitution says that its “Bill of Rights is a cornerstone of democracy in South Africa”. It forbids discrimination on the grounds of “race, gender, pregnancy, marital status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language and birth”. It grants perhaps the most extensive range of rights to the citizens. A special constitutional court enforces the rights enshrined in the constitution.
Some of the Rights included in the constitution of South Africa include:

Questions:
1. Which rights are common between Constitution of Indian and South Africa?
2. Which rights are available in South Africa but not in India?
3. Mention the rights which are clearly granted in South Africa but implicit in the Indian Constitution.
Answers:
1. Right to dignity
Right to fair labour practices.
Children’s rights
Right to basic education
Right to cultural, religious and linguistic communities
Right to information

2. Right to privacy
Right to healthy environment and right to protection of environment.
Right to adequate housing
Right to health care, food, water and social securityRight to higher education.

3. Right to dignity
Right to privacy
Right to fair labour practices
Right to healthy environment and right and protection of environment,
Children’s rights.

Passage 2.
Read the passage (NCERT Textbook, page 33) given below carefully and answer the questions that follow:

You Are The Judge:
You have received a post card from Hadibandhu, who identifies himself as a “member of the dalit community” in Puri district in Orissa. Men from this community refused to follow a custom that required them to wash the feet of the groom and guests of the ‘upper caste’ during marriage ceremonies. In revenge, four women from this community were beaten up and another was paraded naked. The post card writer says “Our children are educated and they are not willing to do the customary job of washing the feet of upper caste men, clear the left-overs after the marriage feast and wash the utensils.”

Questions:
1. Does the above mentioned case involve violation of Fundamental Rights?
2. What would you order the government to do in this case?
3. Who wrote the letter to judge and what was his identity?
Answers:
1. Yes, the cases and above involves violation of Fundamental Rights, i.e. Right to Dignity (Honour) is being violated.

2. As a judge, I would order the government to conduct inquiry through CBI or magistrate or Human Rights Commission and to punish properly as per the law.

3. “Hadibandhu” who identified himself as the “member of dalit community” wrote letter to judge.

Long Answer Type Questions

Question 1.
“The Right to Freedom is a cluster of several rights”. Explain.
Answer:
The Right to Freedom guarantees various freedoms to the citizens of India:

Question 2.
What are the provisions of the Right to Equality?
Answer:
‘Right to Equality’ refers that all citizens of India are equal before law, not to be discriminated on the grounds of caste, colour, religion, language, race, sex or place of birth, etc.
Right to Equality has been included under Articles 14 to 18 of Indian Constitution:

Question 3.
Mention the Fundamental Duties of a Citizen in Constitution of India.
Answer:
By the 42nd Amendment in 1976, ten Fundamental Duties of Citizens of India were incorporated under Article 51A of the Constitution of India:

Question 4.
Throw some light on the relationship between the Fundamental Rights and Directive Principles of State Policy.
Answer:
The Fundamental Rights are guaranteed to the individuals but the Directive Principles are the instructions to the State:

Question 5.
What is the importance of the Right to Constitutional Remedies? Explain.
Answer:
‘Right to Constitutional Remedies’ is the ‘Heart and Soul’ of Indian Constitution to protect the rest of the Fundamental Rights of the Citizens under Article 32 and 226. This right contains various writs to be issued by the Supreme Court and High Court from time to time:
The Writ of Habeas Corpus:

Mandamus:

Prohibition:

Quo Warranto:

Certiorari:

Picture-Based Questions

Study the picture ( Textbook, page 37) given below and answer the questions that follow

NCERT Solutions for Class 11 Political Science Chapter 2 Rights and Duties in the Indian Constitution Picture Based Questions Q1
Questions:
1. Name the Fundamental Rights whose violation is depicted in this photograph.
2. What is the provision under Right against Exploitation regarding the same picture?
3. Name any other form of exploitation mentioned under the Right against Exploitation except mentioned above.
Answers:
1. Right against Exploitation.

2. The Constitution forbids employment of children below the age of 14 years in dangerous jobs like factories and mines alongwith making child labour illegal.

3. Begar or bonded labour or forced labour or ‘Trafficking’ of human beings, especially women and girls are the other forms of exploitation mentioned under the Right against Exploitation.

{{svg_share_icon}}
0:00
0:00