IMPORTANT TERMS

Rights:
These are guarantees to citizens to live up a social life in a dignified
manner.

Duties:
A performance towards others or society to enjoy rights.

Constitutional Remedies:
Protective arrangements to citizens by the Constitution against any
exploitation.

Exploitation:
The act of doing injustice with others in any manner.

Begar:
A forced labour without payment.

Minorities:
These are the groups having common language or religion and in a
particular part of the country or in a country as a whole, these are
out-numbered by some other social sections.

Marginalised Communities:
Communities left ignored like Dalits, OBCs, Weaker

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(1) Identify the country on the basis of the following information.
The Constitution was inaugurated in December 1996. Its
creation and promulgation took place at a time when the
country still faced the threat of a civil war after the dissolution
of the Apartheid government.
(a) India (b) South Africa
(c) USA (d) France

(2) Identify the Fundamental Right on the basis of the following

information.
In our country there are millions of people who are
underprivileged and deprived. They may be subjected to
exploitation by their fellow human beings.
(a) Right to Equality (b) Right to Equality
(c) Right to Freedom of Religion (d) Right against Exploitation

(3) Identify the Fundamental Right on the basis of the following

information.
Being a country which is home to several religions, it is necessary
that the government must extend equal treatment to different
religions. Negatively, it means that government will not favour any
particular religion.
(a) Rights to Freedom of Religion (b) Right to Constitutional Remedies
(c) Cultural and Educational Rights (d) Rights against Exploitation

(4) This Fundamental Right allows citizens to move the court if they
believe that any of their Fundamental Rights have been violated
by the state.
(a) Rights against Exploitation (b) Cultural and Educational Rights
(c) Right to Freedom of Religion (d) Right to Constitutional Remedies

(5) Choose the wrong statement.

(a) Rights are the favourable conditions and guarantees to be provided

by a state to its citizens to live up a dignified life.
(b) The South African Constitution grants most extensive range of rights

to its citizens including even right to dignity, privacy, fair labour

practices, healthy environment, adequate housing, information, etc.
(c) The Indian Constitution contains Directive Principles of State Policy

also to establish a welfare state along with the Fundamental Rights.
(d) The Judiciary has the power to enforce the Fundamental Rights and
the Directive Principles of State Policy are also enforceable by law.
(6) Select the correct option.
Under this writ, the court orders a lower court or another
authority to transfer a matter pending before it to the higher
authority or court.
(a) Habeas Corpus (b) Mandamus
(c) Certiorari (d) Prohibition

(7) Select the correct option.

If the court finds that a person is holding office but is not
entitled to hold that office, it issues the writ to restrict that
person from acting as an office holder.
(a) Heart (b) Soul
(c) Soul and mind (d) Heart and soul

(8) Select the correct option.

Dr. Ambedkar considered the Right to Constitutional Remedies
as __________ of the Constitution.
(a) Quo Warranto (b) Prohibition
(c) Mandamus (d) Habeas Corpus

(9) The preamble of which of the following Constitutions involves God?

(a) The Constitution of India
(b) The Constitution of South Africa
(c) The Constitution of United States of America
(d) All of the above.

ANSWERS
(1) (b) (6) (c)
(2) (D) (7) (A)
(3) (A) (8) (D)
(4) (D) (9) (B)
(5) (D)
 Q 1. Why are Fundamental Rights important?
Ans. Fundamental Rights are important because:
(i) These rights ensure all those freedoms. which make one's life worth
living.
(ii) These rights provide equality of status and opportunity as well as
protect individuals from any type of exploitation.

Q 2. What does the Right to Equality stand for?

Ans. Right to Equality stands for:
(i) All citizens of India are equal before law.
(ii) This is an important right to abolish inequality among people of
different castes and religions as well as between men and women.

Q 3. Why is Right to Freedom of Religion an important Right?

Ans. The Right to Freedom of Religion is important because:
(i) Religion is a matter of faith, relates to conscience of a person.
(ii) Citizens are free to adopt any religion.
(iii) Citizens can opt any mode of worship as per choice.
(iv) Citizens are free to manage their own religious affairs.

Q 4. What do you mean by 'Right to Freedom'?

Ans. Right to Freedom implies:
(i) Freedom of speech and expression.
(ii) To assemble peacefully and without arms.
(iii) To form associations and unions.
(iv) To move freely inside territory of country.

Q 5. What does the 'Right to Life' stand for?

Ans. Right to Life stands for:
(i) To live up without fear, injury and external danger.
(ii) Even the individual himself does not possess the right to take away
his own life, i.e. to commit suicide is also a crime before law.

Q 6. What do you mean by the 'Right to Work'?

Ans. Right to work includes:
(i) It is the duty of the state to provide a work to all citizens to earn

one's own livelihood.
(ii) There should be efforts to remove unemployment from the society.
(iii) Every state is responsible to make its citizens mentally and morally
fit for struggle of life.
Q 7. What do the Fundamental Duties refer in the Indian Constitution?
Ans. The Fundamental Duties were inserted in Constitution by 42nd
Amendment in 1976:
(i) To remind its citizens, though they enjoy basic fundamental rights
but they are supposed to observe certain basic norms of democratic
conducts and behaviour.
(ii) A set of ten fundamental duties of citizens have been enumerated by
the amendment.

Q 8. What are Directive Principles State Policy?

Ans. Directive Principles of State Policy are guidelines only to the
government which are 'non-justiciable'. It implies:
(i) The goals and objectives that we as a society should adopt.
(ii) Certain rights that an individual should enjoy apart from

Fundamental Rights.
(iii) Certain policies that the government should adopt.

Q 9. Are they some exceptions to the Right to Equality? Explain.

Ans. Yes, there are two exceptions to the Right to Equality:
(i) Right to Equality refers to making special provisions for women and
children, SCs and STS, OBCs.
(ii) Right to Equality emphasises not to discriminate against anyone in
the matter of employment but special provisions have been made for
the reservation of post for backward classes.

Q 10. Mention any two discriminations against women in our society.

(i) Normally women are low paid workers rather than a man as well as
women are not economically independent.
(ii) Women are illiterate in our society which is the main reason for the
backwardness of women. Mostly parents prefer education of a boy-
child rather than a girl-child.

Q 11. Mention the features of the writ of mandamus.

(i) This is issued by the Supreme Court to Lower Court, an official or an

association.
(ii) It protects the right of a petitioner and gets some duty done by the

authority to whom writ is issued.
(iii) The Supreme Court issues the writ to protect fundamental rights but
the high court is empowered to issue it for other purposes also
except safeguarding the Rights only.
Q 12. What do you mean by the writ Quo Warranto?
(i) Quo warranto issued to an individual who has usurped a public office.
(ii) It is issued only if there is no other way to come out of grievances.
(iii) In reply to Quo warranto the person concerned has to legally prove
his right to hold the office, otherwise the court can get office vacated.

Q 13. You are an important leader of the country. The Government

authorities ask you to present any four demands on behalf of the
people of the country for making the Constitution of India more
people centered. On priority basis, which four demands will you
make? Support your demands with appropriate arguments.
Ans. The four suggestions could be:
(i) There should be more representation of women in the government.
(ii) There should be some educational criteria also for being a part of the

government.
(iii) Family members of the freedom fighters should be given some seats

in the Rajya Sabha.
(iv) There should be more transparency in the work of the government.

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 Q 1. Mention the six Fundamental Rights granted by the Constitution of
India along with their importance.
Ans. The Constitution of India guarantees six Fundamental Rights as
follows:
(i) Right to Equality
(ii) Right to Freedom
(iii) Right against Exploitation
(iv) Right to Freedom of Religion
(v) Cultural and Educational Rights
(vi) Right to Constitutional Remedies

These rights are of great importance because:

(i) These rights assure a man for his overall development.
(ii) Without these rights, one's life cannot be made worth living.
(iii) If these rights are violated, the court is responsible to justice.

Q 2. Which Fundamental Rights of the Constitution protect the

interest of minorities?
Ans. The following Fundamental Rights especially protect the interests of
minorities:
(i) Right to Freedom of Religion
The minorities have been given the right and freedom to follow any
of the religions as per their choices.
(ii) Cultural and Educational Right
(a) Minorities have right to protect and preserve their own culture,
language, etc.
(b) The minorities can establish their own educational institutions
for preserving their own culture.

Q 3. Mention some Fundamental Duties of Indian Citizens.

Ans. 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.
Q 4. What is the nature of the Fundamental Rights?
(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.

Q 5. Write a note on the National Human Rights Commission.

Ans. The National Human Rights Commission (NHRC) is composed of:
(i) A former Chief Justice of Supreme Court of India.
(ii) A former Judge of the Supreme Court.
(iii) A former Chief Justice of a High Court.
(iv) Two other members who have know- ledge and practical experience
in the matters relating to human rights.
The Commission's functions are to receive complaints of:
(a) Custodial deaths
(b) Custodial rape
(c) Disappearance
(d) Police excesses
(e) Failure in taking action
(f) Indignity to women
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.

Q 6. What do you mean by Right to Property and Work?

(i) In 1978, by 44th Amendment to the Constitution the 'Right to

Property' was removed from the list of Fun- damental Rights and

scheduled as a legal right under Article 300 A.
(ii) Right to Property provides citizens with incentives to work to achieve

their desired goals.
(iii) Property may be immovable like houses, farms or movable like cash,

jewellery and furniture.
(iv) Right to Work is another right to be possessed by citizens.
(v) It is the duty of society to provide every citizen with work, adequate
means of livelihood and reasonable hours of work.
 Q 7. "Rights and Duties are interested with each other." Justify the
statement.
Ans. Rights and Duties go hand in hand:
(i) Rights help to develop one's perso- nality while duties help others

to develop their personalities.
(ii) We own rights but we owe duties.
(iii) Duties are our obligations towards others whereas Rights are other's

obligations towards us.
(iv) Rights are incomplete without duties whereas duties are
meaningless without rights.
Hence, it can be concluded that Rights and Duties are the two sides
of the same coin.

Q 8. Discuss the importance of the Article 16 of the Constitution in

reference of fulfillment of the Right to Equality of opportunity?
(i) Our Constitution mentions Equality of Status and Equality of

Opportunity.
(ii) The government is supposed to implement special schemes and

measures to improve the conditions of certain sections of society.
(iii) There is provision for reservations in jobs and admissions for

children, women and socially and education- ally backward classes

despite we follow the principle of equality.
(iv) Article 16 (4): explicitly clarifies that a policy of reservation will not

be seen as a violation of Right to Equal- ity. If we try to find out the

spirit of Constitution this is required for the fulfillment of the Right to

Equality of opportunity.
(v) Article 16 (4): nothing in this article shall prevent the state from
making any provision for the reservation of appointments or posts in
favour of any backward class of citizens which, in the opinion of
State, is not ad- equately represented in the services under the State.

Q 9. What do you mean by Right against Exploitation?

(i) The Constitution prohibits 'traffic', i.e. selling, letting or disposing of

men and women like goods, especially women and girl for immoral

purposes.
(ii) The Constitution prohibits Begar or bonded labour, i.e. to make a

person to work against his will and not to pay him genuine wages also.
(iii) No child under the age of 14 years shall be employed in any factory or

hazardous work.
(iv) Children are the asset of a nation, hence they should be protected
from abuse and exploitation.
 Q 1. "The Right to Freedom is a cluster of several rights." Explain.
"The Right to Freedom guarantees various freedom to the citizens of
Ans.
India:
(i) FREEDOM OF SPEECH AND EXPRESSION: Every citizen of India enjoys

the Right to Freedom of Speech and Expression of his views/ideas

freely either orally or in written form.
(ii) FREEDOM TO FORM UNIONS AND ASSOCIASITIONS: Citizens of India

enjoy the freedom to form unions or associations to safeguard the

interests to secure justice and equal opportunities.
(iii) FREEDOM TO ASSEMBLE PEACEFULLY: Citizens of India can assemble

at a place peacefully without arms to interact with each other.
(iv) FREEDOM TO RESIDE IN ANY PART OF INDIA: Indian citizen may

reside in any part of India which may be limited only for the sake of

public order.
(v) FREEDOM TO MOVE FREELY WITHIN THE TERRITORY OF INDIA:

Citizens of India are free to move freely within the territory of India

subject to the restrictions imposed in the interest of public order or

to safeguard the interest of STs.
(vi) FREEDOM TO PRACTISE ANY PROFFESION OR OCCUPATION: Every
citizen has the freedom to choose one's profession as per choice as
well as enjoy the right to change the profession according to will and
circumstances.

Q 2. What are the provisions of the Right to Equality?

Ans. '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:

(i) ARTICLE 14: Guarantees equality before law and equal protection of

law to persons living within territory of India without any

discrimination on the ground of caste, colour, race, religion, language,

sex, etc.
(ii) ARTICLE 15: Guarantees social equalities, i.e. no discrimination on any

ground as well as equal access of each and every person to the public

places and facilities. And state cannot be prevented from making any

special provision for women and children.
(iii) ARTICLE 16: Guarantees equal oppor- tunities for all citizens in the
matters of employment or appointment to any office under the state
without any discrimination means employ- ment and appointments
should be on the basis of merit.
(iv) ARTICLE 17: Abolishes untouchability and its practices in any of the

form are also forbidden.
(v) ARTICLE 18: Abolishes titles except the degrees and titles concerned
with military and education. Even foreigners who are serving in India
are not entitled to receive any title from foreign government without
the consent of the President of India.

Q 3. Mention the Fundamental Duties of a citizen in Constitution of India.

Ans. By the 42nd Amendment in 1976, ten Fundamental Duties of Citizens
of India were incorporated under Article 51A of the Constitution of
India:
(i) To abide by the Constitution and respect its ideals and institutions,

national flag, and national anthem.
(ii) To cherish and follow the noble ideals which inspired our national

struggle for freedom.
(iii) To uphold and protect sovereignty, unity and integrity of India.
(iv) To defend the country and render national services whenever

required.
(v) To promote harmony and the spirit of common brotherhood amongst

all the people of India and to renounce those practices which seem to

be indignified towards women.
(vi) To value and preserve the rich heritage of our composite culture.
vii) To protect improve the natural environment including forests, lakes,

rivers and wildlife as well as to have compassion towards all living

creatures.
viii) To safeguard public property
(ix) To develop scientific temper and the spirit of inquiry and reform.
(x) To strive towards excellence in all spheres of individual or collective
activities to reach the nation to the higher levels of endeavours and
achievements.

Q 4. Throw some light on the relationship between the Fundamental

Rights and Directive Principles of the State Policy.
Ans. The Fundamental Rights are guaranteed to the individuals but the
Directive Principles are the instructions to the State:
(i) The Fundamental Rights are justiciable means in case of their
violation, it can be challenged either in the High Court or the
Supreme Court that bears a duty to safeguard the rights.
Whereas Directive Principles of State Policy are not justiciable,
these are only to remind to central and state governments about
their duties.
 (ii) Fundamental Rights are directly concerned with each and every

individual whereas Directive Principles of State Policy are directly

concerned with the State only, where a State is expected to

implement and also to achieve the goal of Welfare State.
(iii) Fundamental Rights may be suspended during the case of

emergency by the President including the Right to Constitutional

Remedies also whereas Directive Principles of State Policy cannot

be suspended even during these circumstances.
(iv) Fundamental Rights concern with the overall development of an
individual whereas Directive Principles of State Policy concern with
society as a whole which have been mentioned in Article 38 to
create a society by the State where all enjoy social and economic
justice.

Q 5. What is the importance of the Right to Constitutional Remedies?

Explain.
Ans. 'Right to Constitutional Remedies is the 'Heart and Soul' of the Indian
Constitution to protect the rest of the Fundamental Rights of the
Citizens under Articles 32 and 226. This right contains various writs to
be issued by the Supreme Court and the High Court from time to time:
(i) THE WRIT OF HABEAS CORPUS:

(a) The Court orders that the arrested person should be presented

before it.

(b) Court can order to set free an arrested person if the grounds of

arrest are unlawful.
(ii) MANDAMUS:

(a) When the court finds that the particular office holder is not

performing legal duty.

(b) Thereby, he is infringing on the right of an individual.
(iii) PROHIBITION:

(a) It is issued by a higher court to a lower court on considering a case

to go beyond its jurisdiction.

(b) Higher court orders to stop the proceedings of certain case.
(iv) QUO WARRANTO:

(a) If the court finds that a person holding office but is not entitled to

hold that office.

(b) This restricts that person from acting as an office holder.
(v) CERTIORARI:
(a) The Court orders a lower court or another authority to transfer a
matter pending before it to the higher authority or court.
Q 1. Read the passage 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:
• Right to Dignity
• Right to Privacy
• Right to fair labour practices
• Right to healthy environment and right to protection of
environment
• Right to adequate housing Right to health care, food, water and
social security
• Children's rights Right to basic and higher education
• Right of cultural, religious and linguistic communities Right to
information

(i) Which of the following is not common between the Constitution of

India and the Constitution of South Africa?
(a) Right to privacy (b) Right to dignity
(c) Children's rights (d) Right to information

(ii) Which of the following rights are available in South Africa but not
in India?
(a) Right to adequate housing and right to privacy.
(b) Right to healthy environment and right to protection of

environmental.
(c) Right to higher education, healthcare, food, water and social

security.
(d) All of the above.
(iii) Which of the following rights clearly granted in South Africa but
implicit in the India Constitution?
(a) Right to dignity and privacy.
(b) Children's Rights and Right to healthy environment and protection of
environmental.
(c) Right to fair labour practices.
(d) All of the above.
ANSWERS
(i) (a)
(II) (D)
(III) (D)

Q 2. Read the passage given below carefully and answer the questions
that follow:

"Fundamental Rights are different from other rights available to us.

While ordinary legal rights are protected and enforced by ordinary
law, Fundamental Rights are protected and guaranteed by the
Constitution of the country. Ordinary rights may be changed by the
legislature by ordinary process of law making, but a fundamental
right may only be changed by amending the Constitution itself.
Besides this, no organ of the government can act in a manner that
violates them."
(i) How many Fundamental Right are guaranteed by the Indian
Constitution to its citizens?
(a) Five (b) Seven
(c) Six (d) Four

(ii) Which of the following is not a Fundamental Right?

(a) Right to Adequate Housing (b) Right to Constitutional Remedies
(c) Right to Freedom of Religion (d) Cultural and Fundamental Rights

(iii) Which of the two Fundamental Rights are mentioned in the Indian
Constitution?
(a) Right to dignity and Right to privacy
(b) Children Rights and Right basic education
(c) Right to information and Right to fair labour practices
(d) Right to Equality and Right to Freedom
(iv) Under which Article Right to Equality is mentioned?
(a) 23 to 28 (b) 14 to 18
(c) 19 to 24 (d) 25 to 28
ANSWERS
(i) (c)
(II) (A)
(III) (D)
(IV) (b)

Q 3. Read the passage given below carefully and answer the questions
that follow:

YOU ARE THE JUDGE

You have received a postcard from Hadibandhu, who identifies
himself as a "member of the dalit community" in Puri district in
Odisha. 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 postcard 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
(i) Does the above mentioned case involve violation of the

Fundamental Rights?
(ii) What would you order the government to do in this case?
(iii) Who wrote the letter to judge and what was his indentity?

ANSWERS
(i) Yes, the cases and above involves violation of the Fundamental

Rights, i.e. Right to Dignity (Honour) is being violated.
(ii) As a judge, I would order the government to conduct inquiry

through CBI or magistrate or the Human Rights Commission and to

punish properly as per the law.
(iii) "Hadibandhu" who identified himself as the "member of dalit
community" wrote letter to judge.
 PICTURE-BASED QUESTIONS
Q 1. Study the picture given below carefully and answer the questions
that follows:

(i) Name the Fundamental Rights whose violation is depicted in this

photograph.
(a) Right to Equality (b) Right to Freedom
(c) Right against Exploitation (d) Cultural and Educational Rights

(ii) Under which Articles is Right against Exploitation mentioned?

(a) 23 to 24 (b) 19 to 22
(c) 14 to 18 (d) 25 to 28

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