Q.1: What is a constitution?

Constitution: A document which contains the principles upon which the

government is founded & regulated. Constitution of the state is that supreme law of
the state according to which the form of government, the various organs of the
government, & their functions, their powers & mutual relations, the rights & duties
of the citizens are fixed. According to Dicey, “The constitution of the state consists
of all rules which directly or indirectly affect the distribution or exercise of
sovereign power in the state.”
Kinds of constitution:
(1) Evolved and enacted constitution.
(2) Written and un-written constitution.
(3) Flexible and rigid constitution.
Indian constitution is the largest written constitution of the world. The
constitution of India was adopted on 26 th of Nov.1949 & came into effect on 26
Jan.1950. Indian constitution is partly rigid & partly flexible. The constitution
provides for a parliamentary system of government both at the Centre & at the
states. It provides for a federal system of government in India & also provides for
an independent Judiciary. Constitution introduced universal adult franchise. The
original constitution of India contains 8 schedules, 395 Articles & 22 parts. At
present Indian constitution contains 12 schedules, 448+ Articles & 22 parts.

Q.2.Why do we need a constitution? OR What does a constitution do?

A constitution is needed because of the following reasons:

(1) Constitution is needed to provide basic rules which assure coordination
amongst members of a society.
(2) The constitution puts limitations on the government.
(3) Constitution specifies how the government will be constituted.
(4) The constitution fulfills the aspirations of a society.
(5) The constitution gives identity to the people.
(6) It controls the misuse of power by government.
(7) It safeguards the fundamental rights of the citizens.

Q.3.Who made our constitution? OR Write a short note on constituent

assembly?
The constitution of India was made out by the constituent assembly, which was
established under the cabinet mission plan of 1946. The constituent assembly was
to consist of 389 members of which 296 were from British-Indian provinces & 93
from the princely states. Out of 296, 4 members were taken from the chief
commissioners provinces. The elections to the constituent assembly were held in
July, 1946. Out of 210 general seats, the congress captured 199 seats. The
remaining 11 seats were captured by other parties. Out of 78 Muslim seats, the
Muslim League won 73.After Muslim League’s withdrawal& partition of India,
the membership of constituent assembly declined to 299 members. The constituent
assembly unanimously elected Dr. Rajindra Prasad as its chairman. The first
session of the constituent assembly was held on Dec. 9, 1946. At last on Nov. 26,
1949the constituent assembly adopted the new constitution of India. The
constituent assembly took 2 years 11 months & 18 days to frame the constitution.
The new constitution came into effect on 26 January 1950.

Q.4.What was the sources of the constitution?

OR
Why Indian constitution is known as “bag of borrowing”. Discuss?
The Indian constitution is generally described as ‘borrowed constitution’ a ‘patch
work’ because Indian constitution has drawn extensively from the major
constitutions of the world. The main sources of the Indian constitution are as
under:
(1) Government of India Act, of 1935: About 250 Articles were taken from this
Act. The important provisions of the federal scheme, office of the Governor, Power
of federal judiciary, emergency powers were taken from this act.
(2) British constitution: following provisions were taken from British
constitution.
(a) The Indian president a constitutional head like the British king.
(b) Like the British House of commons, the Indian Lok Sabha is more powerful
than the second chamber, I.e. Rajya Sabha.
(c) Like the British, cabinet is responsible to the parliament.
(d) Parliamentary form of government. & Rule of Law has also been taken from
England.
(3) American constitution: following provisions were taken from U.S.
constitution:
(a) Preamble (b) vice-president (c) Fundamental Rights (d) Independent judiciary.
(4) Irish constitution: following provisions were taken from Irish constitution:
(a) Directive principles of state policy.(b) Some members of Rajya Sabha are
nominated.
(5) Weimar constitution: following provisions were taken from German
constitution:
(a) Presidents emergency power to suspend the fundamental rights during
emergency.
(6) Canadian constitution: following provisions were taken from Canadian
constitution:
(a) Residuary powers are given to Centre like Canadian constitution. (b) Strong
Centre. (c) The name union of India for the Indian Republic has got its source in
the Canadian constitution.
(7) Australian constitution: following provisions were taken from Australian
constitution:
(a) Concurrent List. (b) Method to deal with the conflict between Centre & states.
(c) Method for removal of Judges of Supreme Court.

Q.5.What is meant by preamble?

The preamble to a constitution mirrors the spirit of the constitution. The preamble
serves the purpose of a window through which we peep into the intentions of the
makers of the constitution. In short the preamble is a summary of the objectives
and the basic philosophy of a constitution. The preamble of the Indian constitution
reads as “we, the people of India making a solemn resolve to constitute India into a
Sovereign, Democratic, Secular & Socialistic Republic” securing for its all citizens
justice, liberty & equality and promoting among them all, fraternity”

FUNDAMENTAL RIGHTS

Q.1.What are the fundamental rights provided by the constitution of India?

Ans: Meaning of Rights: Rights are those conditions of social life without which
human personality cannot develop. According to Laski, “Rights Infact, are those
conditions of social life, without which no man can seek, in general, to be his
best.”
Fundamental Rights: Rights granted by the constitution are called Fundamental
Rights. The fundamental rights enumerated in the Indian constitution are the most
elaborate in the world. The constitution of India provides for fundamental rights by
developing a complete & separate part 3 rd and classifies those under six categories.
Six fundamental rights are as follows:
(1) Right to equality (Articles 14 to 18): The constitution declares all the citizens
of India to be equal in the eyes of law. Right to equality is the cornerstone of
democracy.
(2) Right to freedom (Articles 19 to 22): Articles 19 to 22 of the constitution
guarantees to the citizens right to freedom. Art. 19 guarantee six freedoms & Art.
20 to 22 guarantee personal liberty.
(3) Right against exploitation (Articles 23 & 24): The constitution of India
recognizes the dignity of the individual & protects him against any form of
exploitation either by the state or by the privileged classes in the society. Art. 23
provide that traffic in human beings (illegal trade of human beings) & beggar
(forced labor) are prohibited. Art. 24 prohibit the employment of children below
the age of 14 yrs. in any factory, mine or any other hazardous (dangerous)
employment.
(4) Right to freedom of religion (Articles 25 to 28): Right to freedom of religion
has been guaranteed to all persons residing in India. Art. 25 provides that subject to
public order, morality & health, all persons are equally entitled to freedom of
conscience & the right to profess, practice & propagate religion.
(5) Cultural & educational rights (Articles 29 to 30): Under Articles 29 & 30,
the constitution guarantees certain cultural & educational rights. Art. 29 protect the
interests of minorities. Art. 30 provide that all minorities, whether based on
religion or language, shall have the right to establish & administer educational
institutions of their choice.
(6) Right to constitutional remedies (Art. 32): Art. 32 guarantee the right to
move the Supreme Court by appropriate proceedings for the enforcement of
fundamental rights. Under Art. 226, the High courts have also been empowered to
issue order, directions& writs for the enforcement of fundamental rights.

Q.2.Why was the Right to Property removed from the Fundamental Rights?

Ans: Originally the Indian constitution contains seven categories of fundamental

rights. But 44th amendment act 1978, deleted right to property from part 3 rd of the
constitution & made it a legal right, by inserting Art. 300-A in chapter IV added to
part XII which says no person shall be deprived of his property, save by the
authority of law. This right was a disputed right leading to controversies between
legislature & judiciary. In 1967, in the Golak Nath case, In the Bank
Nationalization case, In the Minerva mills case the Supreme Court came to the
defense of right to property.
All these controversies regarding right to property were put at rest when
the 44TH amendment act (1978) deleted right to property from the list of
fundamental rights.

Q.3.Write a detailed note on Right to Equality?

Ans: Right to equality (Articles 14 to 18): The constitution declares all the
citizens of India to be equal in the eyes of law. Right to equality is the corner stone
of democracy. The right to equality is covered mainly by Articles 14-18. The right
to equality implies.
(1) Equality before law: Art. 14 of the constitution provide that, every person
within the territory of India has the right to equality before law & equal protection
of law.
(2) No discrimination: Art. 15 provides that the state shall not discriminate
against any citizen on grounds only of religion, race, caste, sex descent, place of
birth or any of them.
(3) Equality of opportunity: Art. 16, guarantees equality of opportunities for all
citizens in matters relating to employment or appointment to any office under state.
No citizen shall on grounds only of religion, race, caste, sex descent, residence,
and place of birth or any of them, be ineligible for or discriminated against, in
respect of any employment or office under the state. It means appointments shall
be made on the basis of merit.
(4) Abolition of untouchability: Art. 17, abolishes untouchability & its practice in
any form is forbidden. All the citizens of India irrespective of their caste &creed
have an equal access to public places, like parks, hotels, places of entertainment &
roads etc.
(5) Abolition of titles: Art. 18 provide that no title, not being a military or
academic distinction, shall be conferred by the state. Clause (2) of the Article 18
prohibits citizens of India from accepting any title from any foreign state. Clause
(3) of the Article 18 forbids aliens who hold any office of profit or trust under the
state, from accepting without the consent of the president any title from any
foreign state.
Q.4. Write a short on Right to freedom?

Ans: Right to freedom (Articles 19 to 22): Articles 19 to 22 of the constitution

guarantees to the citizen’s right to freedom. Art. 19 guarantee six freedoms & Art.
20 to 22 guarantee personal liberty. Art. 19 is the most important as it guarantees
six freedoms (originally seven but freedom to acquire, dispose& uphold the
property was deleted in 1978 by following the 44th amendment act).Six freedoms
guaranteed under article 19 are
(A) Right to freedom of speech & expression.
(B) Right to assemble peacefully & without arms.
(C) Right to form associations or unions.
(D) Right to move freely throughout the territory of India.
(F) Right to reside or settle in any part of the territory of India.
(G) Right to practice any profession or to carry on any occupation, trade or
business.

Q.5:- What is the significance of providing the right to constitutional

remedies?
Or
Explain the writs which Supreme Court is empowered to issue for the
Enforcement of the fundamental rights?

Ans: The constitution of India does not merely declare a list of rights. A mere
declaration of Fundamental Right is meaningless, unless there is effective
machinery for their enforcement. Right to constitutional remedies is a fundamental
right under Art 32, the very soul of the constitution and very heart of it. It
guarantees the right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by part 3rd of the constitution. The Supreme
Court has been vested with the special jurisdiction and responsibility in the matter
of the enforcement of fundamental rights. In the exercise of this jurisdiction the
Supreme Court is empowered to issue orders, directions and writs in the nature of
Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari, whichever
may be appropriate? This power of Supreme Court is not exclusive but is
concurrent with that of the High Courts. Under Art. 226, the High Courts have
been empowered to issue orders, directions and writs for the enforcement of
Fundamental Rights.
For the enforcement of fundamental rights, the Supreme Court can issue the
following directions or orders or writs:
(1) The writ of Habeas Corpus: Writ of Habeas corpus is the most valuable writ
for personal liberty. ‘Habeas Corpus’ means let us have the body. A person when
arrested moves the court for the issue of writ of Habeas Corpus. It is an order by a
court to a detaining authority to produce the arrested person before it so that it may
examine whether the person has been lawfully detained or not. If the Court is
convinced that the person is illegally detained, it can issue order for release.
(2) The writ of Mandamus: Mandamus is a Latin word which means we
command Mandamus is an order from a superior court or tribunal or public
authority to a lower court or tribunal or public authority to perform an act which
falls within its duty. In short it is a writ issued to a public official to do a thing
which is a part of his official duty but which he has so far failed to do. This writ
cannot be claimed as a matter of right. It is the discretionary power of the court to
issue such writs.
(3) The writ of Quo-Warranto: The word Quo-Warranto literally means by what
warrants. It is a writ issued with a view to restraining a person from acting in a
public office to which he is not entitled. The writ of Quo-Warranto is used to
prevent illegal assumption of any public office or usurpation of any public office
by anybody.
(4) The writ of Prohibition: Writ of Prohibition means to forbid or to stop and it
is popularly known as ‘stay orders’. This writ is issued when a lower court or body
tries to transgress the limits of powers vested in it. It is a writ issued by a superior
court to a lower court or a tribunal forbidding it to perform an act outside its
jurisdiction. After the issue of this writ proceeding in the lower court come to stay.
(5) The writ of Certiorari: Literally, Certiorari means to be certified. The writ of
Certiorari is issued by the Superior court to some inferior courts or tribunal to
transfer the matter to it or to some other superior authority for proper
consideration.

Q.6. Explain Right to personal liberty?

Ans: Articles 20 to 22 aim at protecting the individual’s life & personal liberty.
Art. 20 lay down:
(a) No person shall be convicted to any offence except for violation of a law in
force at the time of commission of the act charged as offence:
(b) No person shall be subjected to greater penalty as prescribed under the law in
force at the time of commission of offence:
(c) No person shall be punished for the same offence more than once.
(d) No person accused of any offence shall be compelled to be a witness against
himself:
Article 21 provides that, no person shall be deprived of his life & personal
liberty except according to the procedure established by law. No person can be
arrested in any arbitrary manner nor can he be detained for an indefinite period.
Q.7. Identify any two situations in which the fundamental rights can be
suspended?

Ans: following are the situations in which the fundamental rights can be
suspended:
(1) When the president declares emergency under Art. 352, fundamental rights
given under Art.19 are automatically suspended throughout the country. The
suspensions of fundamental rights continue until the proclamation of emergency
ends.
(2) By another order president can suspend any or all the rights conferred by part
III. During the proclamation of emergency under Article 352, the President can
suspend the right to move the courts to enforce any other Fundamental Rights. All
proceedings pending in any court for the enforcement of the rights may remain
suspended for the period during which proclamation is enforced or for such short
period as may be specified in the order. But the right to move the court for the
enforcement of the right to life and personal liberty under Article 20 and 21 cannot
be suspended.

Q.8:- What do you understand by Directive principles of state policy? Explain

in brief the objectives of Directive principles?

Ans: The Directive principles of state policy are included in part IV (Arts.36-51)
of the Constitution. The Directive Principles of state policy are general directives
to the Government of India which they should keep in mind while formulating
policies and make law. Directive principles are in the nature of affirmative
instructions to government to direct its activities to do certain things. Directive
principles are non-justiciable.
Objectives:
(1) These Directive principles aim at realization of social & economic freedom
without which political freedom has no meaning at all.
(2) Article 37 declares these Directive principles to be fundamental in the
governance of the country & it shall be the duty of the state to apply these
principles in making laws.

Q.9.What are the fundamental duties?

Ans: Duty: A duty is an obligation. A man is said to have a duty in any matter
when he is under an obligation to do or not to do something. It is something we
owe to others as social beings. When we live together we must let others live with
us. This implies certain do’s & don’ts. My right of living involves my duty to
follow-men to allow them the same conditions of life. What is a right in regard to
ones-self, is a duty in regard to others. The most important responsibility on a
citizen is that he can claim a ‘right’ only when he is ready to discharge its
corresponding ‘duty’.
Fundamental duties were added to the Indian constitution in 1978 by 42 nd
amendment act by inserting part-IV-A, Article 51-A & ten fundamental duties
were added.11th fundamental duty was added in 2002 by 86 th amendment act.
Following are the eleven fundamental duties of the citizens of India.
(1) It is the duty of every citizen to abide by the constitution & respect its ideals &
institutions, the National Flag & National Anthem.
(2) Itis the duty of every citizen to cherish & follow the noble ideals which
inspired our national struggle for freedom.
(3) It is the duty of every citizen to uphold & protects the sovereignty, unity &
integrity of India.
(4) It is the duty of every citizen to defend the country & render national service
when called upon to do so.
(5) It is the duty of every citizen to promote harmony & the spirit of common
brotherhood amongst all people of India & also respect the dignity of women.
(6) It is the duty of every citizen to value & preserve the rich heritage of our
composite culture.
(7) It is the duty of every citizen to protect the national environment including
forests, Lakes, Rivers & wild life.
(8) It is the duty of every citizen to develop scientific temper, humanism & the
spirit of enquiry & reform.
(9) It is the duty of every citizen to safeguard public property & to adjure violence.
(10) It is the duty of every citizen to strive towards excellence in all spheres of
individual & collective activity so that the nation constantly rises to higher levels
of endeavor & achievements.
(11) It is the duty of parents& guardians to provide education to the children Upto
the age 14 years.