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51.

What is the purpose of the Writ of Mandamus?

Answer»

The purpose of the Writ of Mandamus is to compel an inferior court or an individual to perform their duty. This purpose has to be exercised only for the enforcement of Fundamental Rights.

52.

Name the writ that will be issued in each of the following circumstances:(a) Against a person holding a public office to which he is riot entitled.(b) For a transfer of a case from lower to higher court.(c) An order to an administrative authority to perform a certain duty.(d) To prohibit a lower court from proceeding in a case.

Answer»

(a) Quo-warranto

(b) Writ of Certiorari

(c) Mandamus

(d) Writ of Prohibition

53.

What is the purpose of the Writ of Quo Warranto?

Answer»

The Writ of Quo Warranto is directed against a person who has wrongfully usurped an office. The Writ calls upon the person to show under that authority he holds the office. If the court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.

54.

Name the Writ that shall be issued under the following circumstances:1. When a person is wrongfully detained or restrained.2. To compel an inferior court or an individual to perform their duty.3. To keep the courts within the limits of their jurisdiction.4. When a Superior Court desires to be informed of what is going on in an inferior court.5. Against a person who usurps any office.

Answer»

The Writ that shall be used under the circumstances mentioned in the question’s respectively given below:

1. The Writ of Habeas Corpus

2. The Writ of Mandamus

3. The Writ of Prohibition

4. The Writ of Certiorari

5. The Writ of Quo Warranto

55.

How does the Writ of Prohibitioin differ from the Writ of Certiorari?

Answer»

The Writ of Prohibition is issued to prevent an inferior court from exercising powers with which it is not legally vested. It directs the inferior to keep within the limits of their authority. The Writ of Certiorari asks the lower court to hand over the record of a particular case to the higher court. The difference between the two is that they are issued at different stages of the proceedings. The Writ of Prohibition is preventive, where as the Writ of Certiorari is remedial.

56.

Mention any two Fundamental Duties inserted by the Forty-second Amendment Act, 1976.

Answer»

Two Fundamental Duties inserted by the 42nd Amendment Act, 1976 are as follows:

1. Duties towards Self

2. Duties concerning the Environment

57.

What is the scope or purpose of the Writ of Habeas Corpus?

Answer»

‘Habeas Corpus’ is a Latin term which means, “you may have the body”. It provides a remedy for a person wrongly detained or restrained. The Supreme Court and the High Courts issue this Writ to a person who detains another in custody and commands him to bring the prisoner into Court and tell the time and the cause of the arrest. If the cause is insufficient, he is at once unconditionally released.

58.

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, Midday meal programs are being run to attain this goal.

59.

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 : 

1. Fundamental rights are the bedrock of the foundation of democracy. 

2. Through these rights, the security of the physical, mental, and moral development of each citizen is provided. 

3. The fundamental rights given in the constitution help in curbing the actions of the executive and legislative. 

4. 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.
60.

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, Lok 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.

61.

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 : 

1. Directive principles and economic security 

2. Directive principles and social security education 

3. Directive principles and panchayati raj, ancient heritage, sites and justice. 

4. 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 : 

1. The fundamental rights are related to an individual while the directive principle are related to society. 

2. The citizens enjoy fundamental rights while the directive principles couldn’t have been given complete practical form yet. 

3. The fundamental rights are justiceable while the directive principles are not. 

4. The fundamental rights are the indicator of political democracy while the directive principles are indicator of social and economic indicator.

62.

In which section of the constitution have the Directive Principles of State Policy been described? (a) First (b) Second (c) Third (d) Fourth

Answer»

Fourth section of the constitution have the Directive Principles of State Policy been described

63.

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

64.

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

65.

What do you understand by ‘Fundamental Rights’?

Answer»

(i) Demanding one’s rights is insisting on creating an atmosphere conducive to the development of the self as well as the entire society.

(ii) The Indian Constitution has guaranteed equal rights to all citizens in order to create this conducive atmosphere.

(iii) These rights are Fundamental Rights.

66.

Name the awards that are conferred by the Government upon people for their distinguished contribution in different fields.

Answer»

Padmashree, Padmabhushan, Padmavibhushan.

67.

State the reason why we are free to practice the following:i. All Indian citizens can celebrate all festivals joyfully, because.ii. We can make efforts towards the preservation and propagation of our language, its script and literature, because…

Answer»

i.

  • In India, we have a great diversity of festivals. Our Constitution has given the different communities the right to preserve their cultural uniqueness.
  • This is guaranteed by our Constitution by giving the citizens the Right to Freedom of Religion.
  • So we are free to celebrate all festivals joyfully.

ii.

  • Cultural and Educational Rights in our Constitution gives the communities the right to preserve their cultural uniqueness.
  • So we are free to make efforts towards preservation and propagation our language, its script and literature
68.

What is called an infringement of our rights?

Answer»

Sometimes the rights that are guaranteed to us by the Constitution may get encroached upon and we are not able to exercise our rights. This is called an infringement of our rights.

69.

Why is it prohibited to employ children under 14 years of age in hazardous places?

Answer»

(i) Employing children under 14 years of age in hazardous places can be dangerous. Children may be grievously injured and they may even lose their life.

(ii) To prevent the exploitation of children and ban oppression of any kind, it is prohibited to employ children under 14 years of age in hazardous places.

70.

Fill in the blanks with appropriate words:i. We can approach the ______ in case of infringement of our rights (Court, Police, Government)ii. ________ education cannot be made compulsory in educational institutions that get aid from the state. (Political, Religious, Racial)

Answer»

i. Court

ii. Religious

71.

What is meant by Right to Constitutional Remedies?

Answer»
  • In case of encroachment of Fundamental Rights, the Indian citizens have the right to get judicial remedies is also a fundamental right.
  • This is called the Right to Constitutional Remedies.
  • This means providing legal remedies in case people’s rights get violated.
  • So, it becomes a Constitutional duty of the courts to protect the rights of the people.
72.

What does the court do if there is infringement of our rights?

Answer»

The court considers our complaint, investigates it and in case it is convinced that rights have indeed been infringed upon and injustice has been done to the aggrieved individual, the court gives an appropriate verdict.

73.

Write about the following:The Constitution prevents the imposition of religious taxes.

Answer»
  • State cannot impose religious taxes that might be used to encourage a particular religion. That is, our Constitution forbids religious taxes.
  • This is done in order to broaden the scope of religious freedom.
74.

Why has the Constitution given equal rights to all citizens?

Answer»

(i) We get rights at birth. Every newborn baby has a right to live.

(ii) The entire society and government takes efforts to ensure that the baby is in the best of health.

(iii) Only when all individuals get protection from injustice, exploitation, discrimination and deprivation, will they be able to develop their skills and qualities.

(iv) Demanding one’s rights is insisting on creating an atmosphere conducive to the development of the self as well as the entire society.

(v) The Indian Constitution has guaranteed equal rights to all citizens in order to create this conducive atmosphere.

75.

Give some instances which illustrate the infringement of rights?

Answer»

Some instances of infringement of rights are:

  • Arresting an individual without reason.
  • Preventing a person from leaving a village or a town without giving a valid reason.
  • Refusing food, water or medicines to jail inmates.
76.

Correct and rewrite the following sentence:No one gets rights at birth.

Answer»

We get rights at birth.

77.

Correct and rewrite the following sentence:The government can deprive you of a job by discriminating on the basis of religion, sex, place of birth while giving government jobs.

Answer»

According to the Right to Equality mentioned in our Constitution the State cannot discriminate against any citizen on grounds of religion, sex, place of birth or other grounds.

78.

Name the following:According to this right, the State cannot discriminate among citizens as superior- interior or men-women and cannot give different treatment or privileges to anybody.

Answer»

Answer is: Right to Equality.

79.

Correct and rewrite the following sentence:Government can deprive you of a job by discriminating on the basis of religion, sex, place of birth while giving government jobs.

Answer»

According to the Right to Equality mentioned in our Constitution the State cannot discriminate against any citizen on grounds of religion, sex, place of birth or other grounds

80.

Is the reaction of this Government official right or wrong?An officer tells a woman who presents all the documents for getting the benefits of a scheme i for destitutes, “You don’t look like a destitute” and refuses her the benefits of the scheme. In this instance, do you think the woman’s right has been infringed? Where should she go to get redressal?

Answer»
  • The reaction of this government official is incorrect since the woman has presented all the documents pertaining to the scheme.
  • This is encroachment of her Fundamental Rights.
  • She should move to court and lodge a complaint and seek constitutional remedy for infringement of her rights.
81.

Name the following:The equal rights guaranteed to all citizens by the Indian Constitution in order to create a conducive atmosphere for the development of the self and the entire society.

Answer»

Answer is: Fundamental Rights.

82.

Match the following:Column ‘A’Column ‘B’(1) Right to Equality(a) liberties necessary from the point of view of individuals(2) Right to Liberty(b) bans all types of oppression.(3) Right against(c) No discriminationExploitationamongst citizens.

Answer»

1 – c 

2 – a 

3 – b

83.

Write short note on:Right to Liberty

Answer»

This is a very important right given by the Constitution. It gives a guarantee of all the liberties necessary from the point of view of the individual.

As Indian citizens, we have the right to:

  • Freedom of speech and expression. 
  • Freedom to assemble peacefully. 
  • Freedom to form associations or unions. 
  • Freedom to move freely throughout the territory of India. 
  • Freedom to reside and settle in any part of the territory of India. 
  • Freedom to practise any profession, or to carry on any occupation, trade or business.
84.

Name the following:These titles have been abolished as it creates artificial hierarchy among people.

Answer»

Raja, Maharaja, Raobahadur.

85.

Name the following:The new right included in the Right to Liberty.

Answer»

Right to Education.

86.

Name the following:Any two freedoms we enjoy as Indian citizens.

Answer»

Freedom of Speech and Expression, Freedom to Assemble Peacefully.

87.

With reference to the Right to Constitutional Remedies, answer the following questions:(a) How has this right been given legal sanction ?(b) Why is this right important ?(c) Explain any two writs issued by the courts for enforcement of these rights.

Answer»

(a) This right has been given legal sanction because it is given to citizens to move the Supreme Court for the enforcement of other Fundamental Rights conferred on them. 

(b) Ambedkar described this article as the ‘Heart and Soul of the Constitution’ because it is used 13 maintain order, peace and right judgment with respect to the satisfaction of the community. 

(c) Two writs are : 

1. Mandamus: It is the command from a Superior court to a lower or administrative authority to perform a certain duty. 

2. Writ of Prohibition: It is an order issued by a superior court to a lower court to stop proceedings which are out of the jurisdiction of the lower court.

88.

Mention any two freedoms embodied under the Right to Freedom.

Answer»

Two freedoms embodied under the Right to Freedom are:

1. Freedom of speech and expression.

2. Right to practice any profession or to carry on any occupation.

89.

Mention any two steps taken by the Government of India to achieve the goal of a Welfare State.

Answer»

The government of India provided 27 percent reservation in Central Government posts for persons belonging to the Socially and Economically Backward Classes (also referred to as Other Backward Classes or OBCs). Under Reservation in Admissions Act, 2007, OBCs are entitled to 27 percent reservation in Central Educational Institutions also. The National Rural Employment Guarantee Act (2005), Named after Mahatma Gandhi, required to provide 100 days of employment in a year to each rural household in the country. This scheme now covers all the 644 rural districts of the country. On an average, nearly five crore households were provided employment each year since 2008. In 2015 the daily wages varied from a minimum of 153 in Meghalaya to 236 in Haryana.

90.

Mention one important provision of the Right against Exploitation.

Answer»

Compulsory military conscription.

91.

Article 19 of the Constitution ensures to the Citizens Six Freedoms. Explain any four freedoms guaranteed under this Article.

Answer»

The six Freedoms guaranteed under Article 19 of the Constitution are explained below: 

1. Freedom of Speech and Expression: This right helps a person to discover the truth. It enables us to participate in public activities “freedom of expression” also incorporates freedom of the press. Where there is a question of interests of public order, security of the State, decency or morality, their reasonable restrictions on this right can be imposed. 

2. Freedom to assemble peaceably and without Arms: The right of assembly is to be exercised peaceably and without arms as per the limitations concerned. However, the State is liable to impose reasonable restrictions in the interests of public order or the national integrity. 

3. Freedom to form Associations and Unions: The citizens have the freedom to form associations or unions. The State may impose reasonable restrictions on this freedom in the interests of the morality of public order and the sovereignty and integrity of India. 

4. Right to move freely: The citizens have the right to go anywhere in the territory of India. However, restrictions may be imposed on the movement and traveling, so as to control an epidemic. 

5. Freedom to reside and settle in any part of India: Reasonable restrictions are imposed on this freedom in the interests of the general public or for the protection of the interests of the Scheduled Tribes.

6. Right to practice any profession or to carry on any Occupation: Though this right allows all citizens to practice any profession or carry on any occupation, trade or business, yet the State may impose reasonable restrictions on this right in the interests of general public. To carry on dangerous or immoral business is not allowed. Professional or technical qualification may be prescribed for practising any profession or carrying on the trade.

92.

What is meant by the term ‘Right Against Exploitation?

Answer»

It means the Prohibition against slavery, beggary, forced labor and child labor etc.

93.

What is the importance of the Right to Information granted by an Act enacted in 2005?

Answer»

Right to Information Act 2005 enabled the citizen to secure information from Public Authorities, Government Offices, Financial Institutions, and Public Sector Undertakings in respect of documents and records under their charge. This right could curb corruption and promote transparency in Government departments.

94.

Name the Fundamental Right that prohibits ‘beggar’ and forced labor.

Answer»

Right Against Exploitation prohibits ‘beggar and forced labor.

95.

Give the expanded form of the term ‘ESMA’.

Answer»

Essential Services Maintenance Act (ESMA)

96.

With reference to the Fundamental Duties, answer the following:What is the importance of these Duties ?

Answer»

The Importance of Fundamental Duties are enlisted in the Constitution of India: 

1. To make the citizens aware of their social and economic obligations; 

2. To warn them to do and not to do certain things in the interest of their country, fellow citizens and themselves. 

3. To protect and awaken the people to their cultural heritage. 

4. To tame the unruly elements in society. 

5. To strengthen national harmony as they stir up patriotism.

97.

What does the Right to Constitutional Remedies provide for?

Answer»

Article 32 gives the Right to Constitutional Remedies or the Right given to citizens to move the Supreme Court for the enforcement other Fundamental Rights conferred (granted), on them.

98.

What is the significance of the Right to Information granted by an Act enacted in 2005?

Answer»

Right to Information Act 2005 enabled the citizen to secure information from Public Authorities, Government Offices, Financial Institutions and Public Sector Undertakings in respect of documents and records under their charge. This right could curb corruption and promote transparency in Government departments.

99.

What is the significance of Fundamental Rights in terms of the effect that they have on our personality?

Answer»

Fundamental Rights are essential for the development of the powers inherent in every individual. They preserve human dignity and promote social progress in larger freedom. Fundamental Rights build-up the confidence of a person, they make the people welleducated and generous. They kindle the flame of awareness among the people in every field of life. They make us strong enough to resist injustice, they lift-up the standard of living in society. Fundamental Rights arouse the feelings of brotherhood and unity.

100.

To whom can the citizens of India file an application if they wish to seek any information from the government authorities ?

Answer»

Any citizen can file an application under RTI with the Public Information Officers (PIOs), Assistant Public Information Officers (APIOs) and seek the required information.