Rajasthan Board RBSE Class 12 Political Science Chapter 18 Fundamental Rights, Directive Principles and Fundamental Duties
RBSE Class 12 Political Science Chapter 18 Text book Questions
RBSE Class 12 Political Science Chapter 18 Multiple Choice Questions
Question 1.
In which part of constitution, fundamental rights have been described?
(a) Section 1
(b) Section 2
(c) Section 3
(d) Section 4
Answer:
(c) Section 3
Question 2.
When a person is arrested by police, within what period must he be brought before the nearest court?
(a) 12 hours
(b) 24 hours
(c) 36 hours
(d) 48 hours
Answer:
(b) 24 hours
Question 3.
The Directive Principles of State Policy have been taken from the Constitution of which country?
(a) The USA
(b) England
(c) Ireland
(d) Australia
Answer:
(c) Ireland
Question 4.
In which section of the constitution have the Directive Principles of State Policy been described?
(a) First
(b) Second
(c) Third
(d) Fourth
Answer:
(d) Fourth
Question 5.
“Men and women all citizens have equal right of earning a living.” which of the following types of directive principles is this?
(a) Regarding Social Welfare and Education
(b) Regarding Economic Security
(c) Regardingjustice
(d) None of these
Answer:
(b) Regarding Economic Security
Question 6.
By which constitutional amendment have fundamental duties been added to the Indian constitution?
(a) 44th amendment
(b) 42nd amendment
(c) 41th amendment
(d) 45 th amendment
Answer:
(b) 42nd amendment
Question 7.
How many fundamental rights are there in the Indian constitution at present?
(a) 05
(b) 06
(c) 07
(d) 08
Answer:
(b) 06
Question 8.
When the High Court issues a writ to the government official asking to do his duty, it is called :
(a) Mandamus
(b) Prohibition
(c) Certiorari
(d) Quo warranto
Answer:
(a) Mandamus
RBSE Class 12 Political Science Chapter 18 Very Short Answer Type Questions
Question 1.
In which article have the fundamental rights been described?
Answer:
From article 12 to 30 and from 32 to 35, the fundamental rights have been described.
Question 2.
To which article is the right to freedom related?
Answer:
The right to freedom is related to article 19.
Question 3.
Explain the importance of the Directive Principles of the state policy.
Answer:
Importance of the Directive Principles of the state policy :
- These are the code of conduct before the Executive and the Legislative.
- A parameter to judge a government.
- Helpful in the implementation of the constitution.
Question 4.
Mention different educational programs being carried out by the government with a view to implementing the directive principles.
Answer:
By the 86th constitutional amendment, under primary education, every child between the age of 6 to 14 has been given the right to free and compulsory education. Education for all campaign, Mid-day meal programs are being run to attain this goal.
Question 5.
In which section of the constitution have the fundamental duties been added?
Answer:
In section 4 (a) of the constitution, 10 fundamental duties were added.
Question 6.
To which fundamental right are the articles 14 to 18 of the Indian constitution related?
Answer:
Articles 14 to 18 of the Indian constitution are related to Right to Equality.
Question 7.
To which article is the right against exploitation related?
Answer:
Right against exploitation is related to article 23-24 of Indian Constitution.
RBSE Class 12 Political Science Chapter 18 Short Answer Type Questions
Question 1.
What is meant by fundamental right?
Answer:
Fundamental rights are rights in another form. There rights are essential to the overall development of an individual so they are called fundamental rights. They have been provided by the Indian constitution to the citizens of India. The state cannot interfere in these fundamental rights. In case of violation of these rights, a person can go to judiciary. At present six fundamental rights have been provided to the Indian citizens.
Question 2.
What provisions have been made in the fundamental rights regarding religious freedom?
Answer:
In the article 25-28, freedom of religion has been granted to every citizen.
- According to article 25, freedom of conscience and free profession, practice and propagation of any religion has been granted. The right to enter and perform worship in the religious institutions without any discrimination has been granted.
- In article 26, there is provision of managing own affairs of religious institutions.
- According to article 27, receiving or giving donation for religious activities will be tax free.
- According to article 28, no individual can be forced to take instruction of any particular religion in the educational institutions wholly maintained out of state funds.
Question 3.
Write a note on prevention detention.
Answer:
Prevention detention means detention of a person without trial. It is not a process of punishing a person, but of preventing him from committing a crime. When the state is in the apprehension that a person is going to commit some offence and there is a danger to the security of the state by his offence or it is getting threats, the state can detain a person for a limited time without trial. Although the person cannot be detained for more than three months under this law, unless the detention is approved by an Advisory Board consisting of at least a judge with qualification for appointment as a judge of the High court. The government has made two laws related to prevention detention. These are :
- The National Security Act
- The Unlawful Activities Prevention Amendment Ordinance.
Question 4.
Explain the utility of National Security Act.
Answer:
The government issued the National Security Ordinance in December 1980, which later became a law. The aim of this ordinance was to detain those people responsible for dangerous activities or communal or ethnic riots keeping in mind the security of the country. National security Act is a provision of Prevention Detention only. In June 1984, National Security Act Second Amendment Ordinance was issued mentioning that this ordinance shall be applicable throughout India except the state of Jammu and Kashmir. Some changes were made in it, making it stricter. First amendment made in it, was that after the expiry of the first preventive detention order of a person or in the event of taking it back, a person may be detained by issuing a second order. Another provision made was that decision will be taken on each reason of detention by considering each reason separately in the court.
Question 5.
Write any five fundamental duties given in the India constitution.
Answer:
Fundamental duties mentioned in the constitution of India clarify that every person :
- Follows the constitution and respects its ideals, institutions, national flag and national anthem.
- Upholds and protects the sovereignty, unity, and integrity of India.
- Defends the country and renders national service when called upon to do so.
- Promotes harmony and the spirit of common brotherhood among the people of India, transcending religious, linguistic, and regional diversities, and renounces practices derogatory to the dignity of women.
- Safeguards public property and abjures violence.
Question 6.
Mention the provisions made in the Indian constitution regarding the right to equality.
Answer:
Right to Equality :
In Indian constitution right to equality has been mentioned in the articles from 14 to 18. For this, the following provisions have been made in the Indian constitution:
- Article 14 :
It mentions that all the citizens of India are equal before the law. Every citizen is entitled to equal protection of the law without any discrimination. - Article 15 :
It directs the state that no citizen faces discrimination on the basis of religion, origin, caste, gender, or birth place. - Article 16 :
This article guarantees all the citizens equal opportunities of public services under the state. There will be no discrimination in the public services on the basis of religion, caste, gender etc. - Article 17 :
Under this article, the practice of untouchability has been completely abolished in the constitution with view to increasing equality. - Article 18 :
According to this article the Indian citizens shall not accept any tittle except in the field of education or in army. Besides this, an Indian citizen shall not accept any foreign title without due permission from the President of India.
Question 7.
“Fundamental rights and fundamental duties are complementary to each other”. Explain.
Answer:
Fundamental rights and fundamental duties are a main pillar is the Indian constitution. The constitution has provided fundamental rights and fundamental duties to all its citizens for their overall development. There is a special relationship between fundamental rights and duties. Rights and duties are complementary to each other. One person’s rights are duties of another person, therefore, we cannot imagine the existence of rights in the absence of duties.
In the constitution of 1950, there was provision of fundamental rights only for the citizens, but hot of duties. But in 1976, while making the 42nd amendment in the constitution, it was felt that the fundamental duties of the citizens must be mentioned. Therefore in section 4 (a) of the constitution, 10 fundamental duties of the citizens were added.
Without performing duties, making use of rights is not possible. These duties have been mentioned create feeling of patriotism in the citizens. Rights and duties are two sides of the same coin. The citizens have some responsibilities towards their nation. Performing duties is considered the highest form of religion. If we want our rights, we must be ready to perform our duties also.
RBSE Class 12 Political Science Chapter 18 Long Answer Type Questions
Question 1.
Mention the fundamental rights of the Indian constitution given to the citizens, explaining any two rights in detail.
Answer:
Six fundamental rights have been given to the citizen of India. These are:
- Right to Equality (Article 14 to 18)
- Right to Freedom (Article 19 to 22)
- Right against Exploitation (Article 23 to 34)
- Right to Freedom of Religion (Article 25 to 28)
- Cultural and Educational Right (Article 29 to 30)
- Right to Constitutional Remedies (Article 32)
Right against Exploitation :
- Prohibition of human trafficking and forced labour (Article 23) :
This article prohibits forced labour. There has always existed the tradition of slavery in some or other form for centuries in our country. In this tradition, agricultural labourers, bonded labours, women, and children were exploited by forcing them to do manual labour. - Prohibition of child labour (Article 24):
According to this article, the children of the age of 14 or below cannot be employed in factories, mines, and in other hazardous works.
Cultural and Educational Rights :
- Protection of interests of minorities (article 29) :
According to this article, all citizens have been granted right of the freedom of education and culture. Each section of the society has foil right to protect its language, script, and culture. - Right of minorities to establish and administer educational institutions (Article 30) :
According to this article, all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of minority, whether based on religion or language.
Question 2.
What do you mean by fundamental rights? Mentioning their importance explain the right to equality.
Answer:
Meaning of fundamental rights :
Fundamental rights are another name of natural rights. They are the moral rights that every individual must always get at every peace. These rights are the basic rights which facilitate the development of human personality. These are the rights that provide the opportunity to live life as per the choice of the individual. Being essential to the overall development of an individual, they are called fundamental rights. Indian constitution has provided six fundamental rights to the Indian citizens. The state cannot interfere in these rights. In case of violation of these rights, a person can go to judiciary and can protect them. The Supreme Court also has established the supremacy of fundamental rights.
Importance of fundamental rights :
- Fundamental rights are the bedrock of the foundation of democracy.
- Through these rights, the security of the physical, mental, and moral development of each citizen is provided.
- The fundamental rights given in the constitution help in curbing the actions of the executive and legislative.
- These rights provided security from the power of the rights of government and the dictatorship of the majority.
Right to Equality (Article 14 to 18) :
Each citizen has been guaranteed equality before the law, equal opportunities of employment and social equality. For this, the following provisions have been made in the constitution:
- Equality before the law :
According to article 14, in its territory, the state shall not deny any citizen equality before the law or protection of the law. All are equal before the law and are entitled to equal protection of the law without discrimination. - Prohibition of discrimination on the basis of religion, origin, caste, gender or birth place :
Article 15 directs the state that no citizen faces discrimination on the basis of religion, origin, caste, gender or birth place. - Equality of opportunities of appointment in Public Services :
Article 16 guarantees all the citizen equal opportunities of public services under the state. There shall be no discrimination in the public services on the basis of religion, caste or gender. - Abolition of untouchability :
Under article 17, the practice of untouchability has been completely prohibited in the constitution with view to increasing equality. It has been said that such a conduct shall be considered a punishable offence. The government has amended the Untouchablity Prevention Act 1955 and has changed it into the Protection of Civil Right Act 1955. - Abolition of Tittles :
During the British rule, people were conferred titles on the basis of their political power and wealth, which brought about discrimination in the society. The Indian citizens shall not accept any title except in the field of education or in the army. Beside this, an Indian citizen shall not accept any foreign title without due permission from the President of India.
Question 3.
Explain the directive principles of state policy and explain the difference between the directive principles and fundamental rights.
Answer:
The directive principles of state policy :
Our constitution has decided some fundamental elements, according to which the states have to decide their policies. These fundamental elements are called directive principles of state policy. In other words, the directive principles of state policy means those orders which indicate what should be the policies of the states. These elements provide such facilities to the citizens which are essential for overall development of the citizens. Directive principle are the ideas which have been included in the constitutions as the guide for the future governments. Dr Rajendra Prasad said, “The directive principles of state policy are like the code of conduct before the Executive and the Legislature.”
These principles or elements may be divided into the following categories :
- Directive principles and economic security
- Directive principles and social security education
- Directive principles and panchayati raj, ancient heritage, sites and justice.
- Directive principles and international peace and security.
Difference between Directive Principles and Fundamental Rights :
- On the basis of area :
The fundamental rights sire related to the people living in that country while directive principle are related to international level too. Hence in comparison to the fundamental rights, the area of directive principles is more extensive. - On the basis of objectives :
The fundamental rights given to the citizens, establish political democracy but the objective of the directive principles is to establish economic democracy so that the political democracy can be made successful. - On the basis of form :
The form of fundamental rights is prohibitive while the directive principles are positive. - On other basis :
- The fundamental rights are related to an individual while the directive principle are related to society.
- The citizens enjoy fundamental rights while the directive principles couldn’t have been given complete practical form yet.
- The fundamental rights are justiceable while the directive principles are not.
- The fundamental rights are the indicator of political democracy while the directive principles are indicator of social and economic indicator.
Question 4.
Explain in detail the various programs carried out by the government with a view to implementing the directive principles state policy.
Answer:
The detail of the various programs carried out by the government with a view to implementing the directive principles are as follows :
- Land reforms :
Before independence, farmers were victims of exploitation through Zamindari system and Jagirdari system. But after the implementation of the right of the farmer actually ploughing the field as per the land reforms in 1951 under 9th schedule of the constitution, farmer got security. - Panchayati Raj and Local Self Government :
Directive principles advise the establishment of Gram Panchayat and giving them the status of units of local self governments. On October 2, 1959, Panchayati Raj system was implemented in the entire nation. - Five year plans :
For the economic program of the country, planning system was adopted. For this, a structure of the economic development was prepared by forming a planning commission. Till now, 11 five year plans have been implemented. - Welfare of weaker sections :
With a view to raising the standard of life, special provisions have been made in the Indian Constitution for the welfare of scheduled caste and scheduled tribes and backward classes. The period of reservation in the representative institutions have been extended till 25th January 2020 by the 95th constitutional amendment. Strict laws to abolish untouchability have been enacted. The provision of free education and scholarship for these sections have been made. With a view to empowering women, 30% posts have been reserved for women in the Panchayati Raj Institutions and in the urban local self-government by the 73rd and 74th constitutional amendment. - Social security :
For the social upliftment of weaker sections, programs like Old Age Pension Scheme, Health insurance Scheme, Mahatma Gandhi Rural Employment Guarantee Act 2005 are being implemented at the national level. - Nationalization of big industries :
With a view to achieving the goal of economic equality, life insurance, transportation, coal mining, tourism, along with major banks, have been nationalized. - Reformation in the judicial system :
With a view to providing fast and cheap justice, Lbk Adalat and fast track court systems have been adopted. - The Right to free and compulsory education :
At the time of independence, only 14% population of India was educated. Considering the importance of education, our governments have tried to provide education to the people. Under it, by the 86th constitutional amendment, under primary education, every child between the age of 6 of 14 has been given the right for all Campaign Mid-day Meal Programs are being run to attain this goal.
Question 5.
Describe the right to freedom as provided in the Indian Constitution and explain whether the right to freedom has almost been diluted by prohibitions imposed on individual freedom and by the provision of prevention detention.
Answer:
Right to freedom : The Indian constitution guarantees six basic freedom. There are :
I. Freedom of speed and Expression (Article 19(1)a):
- All the citizens are guaranteed the freedom to express their opinion and make a speech and propagate them in public or publish them.
- Freedom of press is also included in it.
- To prevent the misuse of this right, some restrictions have also been imposed. In favour of the sovereignty, and integrity of India, in the interest of security of the state and friendly relations with foreign countries, in the interest of public order, good conduct and regarding contempt of court, defamation and incitement to an offence, suitable restrictions can be imposed on this right.
II. Right to assemble peacefully without arms (Article 19(1)b) :
Under this article, all the citizens have been given the right to assemble peaceful or to hold a gathering without arms. This right also can be curtailed in the interest of public safety.
III. Right to form associations and unions (Article 19(1)c) :
According to this article, citizens together can form associations and unions, but this right too can be limited in the interest of the state or public safety.
IV. Right to move freely and reside anywhere throughout the territory of India (Article 19(1)d) :
According to this article, citizens have been given the right to move freely throughout the territory of India without any restriction.
V. Right to reside and settle in any part of the territory of India (Article 19(1)e) :
According to this article, the citizens have been guaranteed the right to reside and settle in any part of the territory of India.
VI. Right to practise any profession or to carry on any occupation, trade or business (Article 19(1)f) :
This article guarantees the right to practise any profession or to carry on any occupation, trade or business or settle in any part of the territory of India; But for the public welfare, the business of drugs or such dangerous things and doing such things as Eire harmful to the interest of the state may be prohibited.
Besides this, by article 20, 21 and 22, the provision of basic individual freedom has been made. These are as follows:
I. Protection in respect of conviction for offences-Article 20 :
It has been made clear in this article that:
- No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence.
- No person shall be prosecuted and punished for the same offence more than once.
- No person accused of any offence shall be compelled to be a witness against himself.
II. The article of protection of right to life and personal liberty-Article 21 :
According to this article, no person shall be deprived of his life or personal liberty according to procedure established by law. By the 44th constitutional amendment, this right has been made more effective. Now, the right to life and personal liberty cannot be limited even in the duration of state emergency.
III. Protection against arrest and detention- Article 22 :
According to this article, the person who is arrested has been given some rights. These are :
- He has the right to know the reason of his arrest.
- He has been given the right to get legal support for himself form the legal practitioner of his choice.
- He shall be produced before the nearest magistrate within a period of twenty four hours. This right shall not be applicable to the inhabitants of the enemy country and the people arrested under Preventive Detention Act.
This makes it clear that the right to freedom has not been diluted. Only during some special emergency time, prohibitions can be imposed.
Question 6.
Explain in detail the fundamental duties as given in the Indian constitution.
Answer:
Fundamental Duties :
In the constitution of 1950, there was provision of fundamental rights only for the citizens, but not of duties. But in 1976, while making the 42nd amendment in the constitution, it was felt that the fundamental duties of the citizens must be explained. Therefore in section 4 (a) of the constitution, 10 duties were added. Its has been said here that it shall be the duty of energy citizen that he :
- Follow the constitution and respects its’ideals, institutions, national flag, and national anthem.
- Cherishes and follows the nobel ideals which inspired our national struggle for freedom.
- Upholds and protects the sovereignty, unity and integrity of India.
- Defends the country and render national service when called upon to do so.
- Promotes harmony and the spirit of common brotherhood among the people of India, transcending religious, linguistic and regional diversities, renounces practices derogatory to the dignity of women.
- Values and preserves the rich heritage of our composite culture. .
- Protects and improves the natural environment including forests, lakes, rivers wildlife and has compassion for living creatures.
- Develops scientific temper, humanism, and spirit of inquiry and reform.
- Safeguards public property and abjures violence.
- Strives towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.
- One more fundamental duty has been added, making it eleventh duty, by the 86th constitutional amendment (2002), amending article 51(a) that: it shall be the duty of the parents or the guardian that they provide opportunity of education to their children between the age of 6 and 14 years.
RBSE Class 12 Political Science Chapter 18 Other Important Questions
RBSE Class 12 Political Science Chapter 18 Multiple Choice Questions
Question 1.
Which right has been accepted under article 21?
(a) Right to quality
(b) Right to freedom
(c) Right to property
(d) Right to education
Answer:
(b) Right to freedom
Question 2.
Which of the following freedom has not been included in six freedoms mentioned under article 19 ?
(a) Freedom of speech and expression.
(b) Freedom to practise any profession, occupation, trade, business.
(c) Freedom to have arms for personal security.
(d) Freedom to form association or union.
Answer:
(c) Freedom to have arms for personal security.
Question 3.
Which fundamental right bans forced labour and human trafficking?
(a) Right to life
(b) Right to equality
(c) Right to education
(d) Right against exploitation
Answer:
(d) Right against exploitation
Question 4.
Which writ is issued by the Supreme Court and High Courts to prohibit the lower courts which are doing something which exceeds their jurisdiction?
(a) Prohibition
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus
Answer:
(a) Prohibition
Question 5.
Who is the author of the ‘Arthashastra’?
(a) Kautilya
(b) Chanakya
(c) Aristotle
(d) Manu
Answer:
(a) Kautilya
Question 6.
In section 3 of the Indian Constitution, how many articles are there about the fundamental rights?
(a) 22
(b) 23
(c) 24
(d) 26
Answer:
(b) 23
Question 7.
By which constitutional amendment right to property was diluted as a legal right only?
(a) 42nd
(b) 43rd
(c) 44th
(d) 46th
Answer:
(c) 44th
Question 8.
When was the system of Panchayati Raj Institutions implemented in the entire nation?
(a) 1959
(b) 1960
(c) 1961
(d) 1962
Answer:
(a) 1959
RBSE Class 12 Political Science Chapter 18 Very Short Answer Type Questions
Question 1.
Can interference be done in the fundamental right by state?
Answer:
The state cannot interfere in fundamental rights.
Question 2.
Write any two points regarding need and importance of fundamental rights.
Answer:
- To Provide security to every citizen.
- To put a check on free-willing of the government.
Question 3.
In curbing whose actions, the fundamental rights are helpful?
Answer:
The fundamental rights given in the constitution help in curbing the powers of the Executive and Legislature.
Question 4.
Name any two fundamental rights.
Answer:
- Right to equality.
- Right to constitutional remedies.
Question 5.
Under which section education was given the status of fundamental right?
Answer:
By adding section 21(a) to section 21, education has been given the status of fundamental right.
Question 6.
Name the fundamental right, in absence of which the constitution will become almost void.
Answer:
Right to constitutional remedies (Article 32).
Question 7.
For which fundamental right, Dr Ambedkar said that it is like the heart or the soul of the constitution?
Answer:
For right to constitutional remedies.
Question 8.
To which fundamental right, article 32 is related?
Answer:
It is related to right to constitutional remedies.
Question 9.
How many types of writs are issued by the Supreme Court and High Courts for protection of fundamental rights?
Answer:
Five types of writs are issued :
- Habeas corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
Question 10.
When is Certiorari writ issued?
Answer:
This writ is issued for sending a case from lower court to a higher court so that it may not act beyond its jurisdiction and the principle of natural justice may be followed.
Question 11.
Which right protects fundamental rights of citizens?
Answer:
Right to constitutional remedies.
Question 12.
In which articles of the constitution, the directive principles have been mentioned?
Answer:
From article 36 to 51.
Question 13.
Mention any two directive principles related to economic security.
Answer:
- Men and women both get sufficient means for earning a living equality.
- Men and women shall get same salary for same work.
Question 14.
Mention any two Acts passed by the government for abolition of untouchability.
Answer:
- The Protection of Civil Right Act 1955
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act) 1989.
Question 15.
Mention any one fundamental duty mentioned in the Indian Constitution.
Answer:
To follow the constitution and respect its ideals institutions, national flag, and national anthem.
Question 16.
Mention any two points related to the importance of the fundamental duties.
Answer:
- These duties create feelings of patriotism and national interest among the citizens :
- These duties have been added as ideals for the Indian citizens.
Question 17.
Under which article of the Indian constitution, child labour has been prohibited?
Answer:
Under article 24 of the constitution.
Question 18.
In which year, the 11th fundamental duty was added in the constitution?
Answer:
The 11th fundamental duty has been added by the 86th constitutional amendment (2002), amending article 51(a).
RBSE Class 12 Political Science Chapter 18 Short Answer Type Questions
Question 1.
Make the right to equality clear.
Answer:
Equality is a very important principle of democracy. In India democratic system has been adopted. Hence equality is the foundation of political life of India. All the citizens of India have been provided equal rights. No discrimination is made on the basis of caste, religion, gender, ethnicity, language, place of birth, poverty wealth etc. These rights are not provided only to the Indian citizens, but every person residing within Indian territory. Right to equality has been mentioned in Indian constitution from article 14 to 18.
Question 2.
Why are rights called the fundamental rights?
Answer:
Due to following reasons, these rights are called fundamental rights :
- These are called fundamental right because these rights are protected by the law or mentioned in the constitution of Indian. And no changes can be made in them except constitutional amendment process.
- In general, the fundamental rights cannot be violated. The state cannot interfere in them.
- Fundamental rights are justiceable. These are provided to all the citizens equally. All public officials are bound to follow them.
- These are essential to the overall development of an individual so every individual has been given fundamental rights.
Question 3.
Make the features of fundamental rights clear.
Answer:
Features (Symptoms) of fundamental rights : Following are the features / symptoms of fundamental rights :
- Fundamental rights have been provided to all the citizens of India equally.
- Federal government, state governments, and local governments are bound to accept and to implement these rights.
- The judiciary has been made the protector of fundamental rights.
- By fundamental rights, the power of the rights of the government and the dictatorship of the majority has been curbed or controlled.
- Fundamental rights are even more than the general law. In case of violation of fundamental rights, a citizen can appeal to the judiciary.
Question 4.
Which fundamental right was described by Dr Ambedkar as the heart or the soul of the constitution ? Describe briefly.
Or
Write a short note on the right to constitutional remedies.
Answer:
Right to constitutional remedies :
Right to constitutional remedies is such a means through which fundamental rights can be put into practice, and if violated, they can be protected. Dr Bhimrao Ambedkar called this right the heart and the soul of the constitution. Under this right, every citizen has been given the right to appeal directly in High Courts or the Supreme Court if his fundamental rights are violated.
High Courts or the Supreme Court can instruct or order the government for implementation of these fundamental rights. In the constitution, High Courts and the Supreme Court have been made the protector of fundamental rights. On violation of these rights, the Supreme Court (under article 32), and High Courts (under article 226) can issue writs. These writes are:
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto.
Question 5.
Write a short note on the right against exploitation.
Answer:
Right against exploitation :
By providing right against exploitation to all citizen under article 23 and 24, our constitution makers have tried to abolish all the chances of exploitation. The following provisions have been made under this right:
- Prohibition of human trafficking and forced labour (Article 23) :
This article prohibits forced labour. There has always existed the tradition of slavery in some or other form for centuries in our country. In this tradition, agricultural, labourers, bonded labourers, women and children were exploited by forcing them to do manual labour. All such forms of human exploitation have been declared punishable according to law. - Prohibition of child labour (Article) :
According to its, the children of the age of 14 or less cannot be employed in the factories, mines and other hazardous works.
Question 6.
Which elements have been included in the constitution to uplift educational and social standard of the citizens?
Answer:
To uplift the educational and social standard of the citizens, many elements (provisions) have been included in the constitution :
- Under article 44, the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
- According to article 55, the state shall endeavour to provide, within a period of ten years
from the commencement of this constitution for free and compulsory education for all children until they complete the age of 14 years. . - Under article 46, the state will protect the interests of the weaker and backward sections and will protect them from exploitation.
- According to article 47, the state shall endeavour to raise the living standard of the people and will make efforts for the development of their health.
- Under article 48(a), the state shall make efforts for protection and improvement of the environment, and security of the wildlife, and forests of the country.
Question 7.
On what grounds have the directive principles of state policy been criticized?
Answer:
The directive principles of state policy are criticized on the following basis :
- These principles are not justiceable. They have no legal power behind them. They cannot be enforced by the judiciary.
- Several elements of under these principles are vague.
- According to some critics, these elements are irrational and irrelevant for India, specially for future India.
- These elements lay emphasis on idealism, so it is said that these elements are just a kind of political philosophy.
Question 8.
Which are the main directive principles promoting international peace and security?
Answer:
Main directive principles promoting international peace and security. These are as follows :
- The state shall endeavour to promote international peace and security.
- The state shall maintain just and honourable relations between nations.
- The state shall foster respect for international law and treaty obligations in the dealings of organised people with one another.
- The state shall encourage settlement of international disputes by arbitration.
RBSE Class 12 Political Science Chapter 18 Long Answer Type Questions
Question 1.
What types of writs are issued by courts for protection of fundamental rights ? Explain.
Answer:
The writs issued by courts for protection of fundamental rights: For protection of fundamental rights. The Supreme Court or High Courts can issue five types of writs. These are:
- Habeas Corpus :
It can be issued on the request of a person who thinks that he may be imprisoned illegally. By it, the court orders the related officer that the person imprisoned should be physically brought at a certain place at a certain time for certain purpose, so that the court may know whether his detention is legal or illegal. And if there is no legal justification of his detention, the court orders to set him free. - Mandamus :
This writ is a command issued by court to public official of government, asking them to perform their duties which they are not doing. - Prohibition :
This writ is issued by the Supreme Court and High Courts to prohibit the . lower courts which are doing something which surpass their jurisdiction. - Certiorari :
This writ is issued to send a case from lower court to a higher court so that it may not act beyond its jurisdiction and the principle of natural justice may be followed. - Quo Warranto :
When a person tries to hold a public post in government or semi-government institution, this writ may be issued to him, asking the legality of the claim of a person or public office on which basis he / she is working there. He/She cannot work there until he/she gives a satisfactory answer to the court.
Question 2.
What is the importance of Directive Principles ? Explain.
Answer:
Importance of Directive Principle :
Directive principles are very important from the practical and constitutional point of view. Their importance can be described under the following heads:
- Code of cond”ct for a government :
Although directive principle cannot be made binding by the judiciary, yet they have the backing of public opinion. Therefore, a government accountable to public cannot dare to ignore them. - The outline of a welfare state :
Dr Ambedkar said in the constituent assembly that the aim of constitution is not only to provide for a political democracy, but also to establish such a welfare state that has social and economic democracy. These principles try to realize these ideals. - A parameter to judge a government :
Directive principles are parameters to judge the success or failure of a government as a government of the people. - Helpful in implementing the constitution :
These principles are fundamental to the government of the country. It means that all the powers that are responsible for the administration of the country shall be directed by these principles. Since the judiciary is an important organ of the government, it is expected the Indian judiciary will give due importance to these principles in the implementation of the provision of the constitution. - Helpful in bringing about social and economic change :
The aim of our constitution makers was to establish a welfare state. For this, with a view to providing economic security and economic justice, providing the opportunities of earning a living to each man and woman of the state, preventing the concentration of wealth at one place, providing security to women and child labour from exploitation etc., these have proved useful in establishing a society based on justice of equality. Similarly, the directive principles regarding provision of education, medical support and employment to the citizens with a view to improve the standard of lives of the citizens, have played a great role.
Question 3.
Present the categorization of the directive principles of the state policy.
Answer:
Directive principles of state policy : In the constitution directive principles have been provided for establishment of welfare state. Its aim is to create a society based on social justice giving equal opportunities to all for development. In section 4 of the constitution from article 36 to 51 these principles are given. These principles or elements may be divided into the following categories to facilitate their proper study.
I. Directive Principles and Economic Security :
(a) According to article 39, the state shall decide the policy in such a manner that :
- Men and women both get sufficient means of earning a living equally.
- The ownership and distribution of the physical resources shall be so distributed that collective interest is served at the highest priority.
- The wealth and the means of production should not be centralized in such a manner which harms the collective interest.
- Men and women shall get some salary for same work.
- The health and power of the male or female labourers and the tender age of the children should not be exploited financially.
- Opportunities of development and facilities shall be provided to the children by the state.
(b) Article 41 says that the state within its economic limitation shall try that every individual gets employment according to their qualification, education.
(c) Article 42 says that the state shall make provision for securing just and humane conditions of work and for maternity relief to women.
(d) The state shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, sustenance wage, conditions of work ensuring a decent standard of life.
(e) In this very article, it has been said that the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. By the 42nd amendment of the constitution, two more elements regarding economic security have been added to the directive principles :
- Free legal support to the weaker sections.
- Participation of workers in the management of industrial organizations.
(f) According to new article 43A, the state shall endeavour of legislative or any other method to ensure participation of workers in the management of the industries or such institutions.
(g) According to article 48, of 44th amendment in Indian Constitution, it has also been added that the state shall endeavour to organize agriculture and animal husbandry on modem and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and drought animals.
(h) By the 44th amendment (April 1979), it was added that the state shall endeavour to alleviate the existing difference in the income, social status, opportunities and facilities of the people living in different regions of the country and the communities of the people engaged in different occupations.
II. Directive Principles and Social Security and Education :
The following provisions have been made in the constitution to raise the standard of education and social standard:
- The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
- The state shall endeavour to provide, within a period of ten years from the commencement of this constitution, free and compulsory education for all children until they complete the age of fourteen years.
- The state shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and scheduled tribes, and shall protect them from social injustice and all forms of exploitation.
- The state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
- By the 42nd amendment, a new article 48 was added and according to it the state shall endeavour to protect and improve the environment and protect the forests and the wild animals.
III. Directive Principles and Panchayati Raj, Ancient Heritage, Sites, and Justice :
Under this, provisions have been made for the development of Panchayati Raj, protection of ancient heritage and the attainment a social justice. These are as follows :
- The state shall take steps to organize village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
- It shall be the obligation of the state to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance.
- The state shall take steps to separate the judiciary from the executive in the public services of the state.
IV. Directive Principles and International Peace and Security :
Following axe the directive principles that have been included in Article 51 and are related to international peace and security :
- The state shall endeavour to promote international peace and security.
- The state shall maintain just and honourable relations between nations.
- The state shall foster respect for international law and treaty obligations in the dealings of organised people with one another.
- The state shall encourage settlement of international disputes by arbitration.
It is clear from the directive principles that real democracy can only be established by adopting these principles of state policy.