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101.

What is meant by a Welfare State ?

Answer»

‘Welfare State’ means a nation that provides her subject all the fundamental needs and necessities, equal and fair justice, education, a living wage, humane conditions of work a clean environment. It promotes egalitarian beliefs, one finds a clearer statement of socialist aims.

102.

The purpose of incorporating duties is to highlight one’s obligations to oneself, to state and the nation at large. In this context, mention a Citizen’s duty:(a) Towards Self(b) Towards State (c) Towards the Nation.

Answer»

The duties of a Citizen towards himself, to the state and the nation with reference to the given headings, are described below: 

(a) A Citizen’s duty Towards Self: The Constitution declares that it shall be the duty of every citizen “to develop the scientific temper, humanism and the spirit of inquiry and reform”. A citizen should always be dutiful towards his state and country. He should strive for doing the best for them. He should know this thing, if the state and the nation secure, he himself will be secured. 

(b) A Citizen’s duty Towards State: A State expects certain healthy and good from it’s every citizen. Among these duties, the foremost duty of every citizen is to abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem ; It is the duty of all of us to uphold and protect the sovereignty, unity, and integrity of India ; We should do our best to defend our – nation and render national service when called upon to do so ; A citizen should safeguard public property and abjure violence. 

(c) A Citizen’s duty Towards the Nation: A citizen’s duty is to cherish and follow the noble ideals which inspired our national struggle for freedom We should value and preserve the rich heritage of our composite culture; We should promote harmony and the spirit of common brotherhood amongst people of India going beyond religious, linguistic and regional diversities. We should renounce practices derogatory to the dignity of women.

103.

What is the Directive Principles regarding ‘Village Government’ (Penchants)?

Answer»

The ‘Village Government’ (Penchants) shall be endowed with such powers and authority as may be necessary to enable them to function as units of self-government.

104.

Mention two Directive Principles based on Socialism (Socialist Policies).

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Two Directive Principles that aim at the establishment of a Socialistic Pattern of Society are as follows: 

1. There should be a fair distribution of wealth. There should be no concentration of wealth in the hands of a few people. Means of production and other resources of the country should be utilized for the common good. 

2. Childhood and youth should be protected against exploitation. Men, women and children should not be forced by economic necessity to enter jobs and vocations, not suited to their age and strength.

105.

What is the significance of Fundamental Rights in view of the fact that India is democratic country ?

Answer»

Democracy is meaningless if civil liberties, such as freedom of speech, freedom of religion and freedom from unreasonable arrest are not protected by the State. The Constitution of India guarantees to the citizen's freedom of speech, freedom of assembly, freedom of religion and the right to form associations or unions.

106.

Which part of the Constitution provides for the establishment of a Welfare State in India?

Answer»

In Part-IV of the Constitution are the Directive Principles of State Policy laid down.

107.

What is the basic purpose of the Directives Principles of State Policy ?

Answer»

The ‘Directive Principles of State Policy’ means directions or instructions that tell the legislature and the executive what to do. The basic purpose of these Directives is to guide the Courts to go in a right direction while implementing the laws for the welfare of the state. Their another purpose is to keep up the proclamation that Indian State is when we say that the welfare state.

108.

Article 20 provides for Protection in Respect of Conviction for Offences. In this respect answer the following :(a) What protections are available to the citizens against conviction ?(b) What is meant by Preventive Detention ? State the right of citizens in this respect.(c) Explain the limitations of the Right to Protection.

Answer»

(a) The protections available are the protection of Life and Personal Liberty, against arrest and detention, limit of custody, not more than 24 hours and right to consult a lawyer for the defense. 

(b) In case a person is detained under Preventive Detention he can be kept in custody for a period of three months without trial. 

(c) Limitations are Public interest and Power of the Parliament. Public interest can force the state to disclose the grounds of detention. Parliament has the power to specify the maximum period of Preventive Detention.

109.

Mention two Directive Principles based on Gandhi’s ideals.

Answer»

Two Directive Principles based on Gandhi’s ideas are:

1. The State shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular the interests of the Scheduled Castes and the Scheduled Tribes.

2. The State shall endeavor to promote cottage industries in rural areas.

110.

What is meant by ‘Directive Principles of State Policy’?

Answer»

The ‘Directive Principles of State Policy’ means directions or instructions that tell the legislature and the executive what to do. The basic purpose of these Directives is to guide the Courts to go in a right direction while implementing the laws for the welfare of the state. Their another purpose is to keep up the proclamation that Indian State is when we say that the welfare state.

111.

What do we mean when we say that Fundamental Rights are justifiable ? 

Answer»

The Fundamental Rights are justiciable, as these are enforceable in a court of law and a suit can be filed in a High Court or the Supreme court in case there is dissatisfaction.

112.

How do the Fundamental Rights act as a check on the arbitrary conduct of the State?

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The Fundamental Rights can be altered or curtailed only by an amendment of the Constitution. This, their inclusion is a check not only on the Executive (the President, the Prime Minister, Ministers and government officials) but also on Parliament and other legislative bodies.

113.

What is meant by the statement that Rights are not absolute?

Answer»

Rights are not absolute or uncontrolled. Rights are subject to such reasonable restrictions as may be necessary for the protection of general welfare. State is the custodian of the general public interests decency or morality. Therefore, State may make laws putting restrictions on our rights.

114.

With reference to the Right to Religion, answer the following questions:(a) How is the objective of secularism secured under this right ?(b) Explain the features of this right in detail.

Answer»

(a) The objective of secular is fulfilled in the right, the aseveiy citizen is free to adopt the religion of his choice. 

(b) All persons are entitled to freedom of conscience and the right to freely profess, practice and propagate their religion. No person and the institution are not to be compelled for adopting any particular religion and for paying taxes etc.

115.

The Directive Principles lay down the foundation on which a Welfare State is sought to be established in India. In this context explain the following: (a) Meaning of a Welfare State (b) Any two Directive Principles included in the Constitution in pursuance of the ideals of a Welfare State. (c) Objectives and achievements of Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

Answer»

(a) ‘Welfare State’ means a nation that provides her subject all the fundamental needs and necessities, equal and fair justice, education, a living wage, humane conditions of work a clean environment. It promotes egalitarian beliefs, one finds a clearer statement of socialist aims. 

(b) Under the Pradhan Mantri Jan-Dhan Yojana (PMJDY) it was made possible for all, especially the poor, to have banking opportunity. 

(c) Provide 100 days of employment in a year to each rural household in the country.

116.

‘Fundamental Rights are universal in nature’. Explain in one sentence.

Answer»

Fundamental Rights are bestowed on every citizen of India irrespective of caste, color, creed, religion or sex.

117.

What do we mean when we say that Fundamental Rights are justiciable? 

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The rights conferred by Part-Ill of the Constitution can be enforced through the Supreme Court or the High Court by all persons irrespective of race, caste, religion or sex. In the public interest, anyone can commence litigation in the Court. This is called ‘Public Interest Litigation.’

118.

What is meant by the term ‘Fundamental Rights’?

Answer»

A certain freedoms which are essential for personal and common hood, guaranteed under the India Constitution and have been incorporated in the Fundamental Law of the Land and can be enforced by the Courts are known as ‘Fundamental Right’.

119.

Mention provision of the Right to Education Act,2010.

Answer»

Key provisions of the Right to Education Act, 2010

1. All children in the 6-14 age group to get a free and compulsory education.

2. No child shall be held back, expelled, or required to pass a board examination till Class-VIII

3. There will be 25 percent reservation for poor children even in private and minority schools.

120.

What is meant by ‘Preventive Detention’?

Answer»

‘Preventive Detention’ means, “detention of a person without trial”. The object of this detention is not to punish a person for having committed a crime, but to prevent him from doing so.

121.

With reference to the Right to Constitutional Remedies, answer the following questions:What is meant by the term ‘Writ’?

Answer»

A ‘Writ’ is a legal document that orders a particular person or official to do a particular thing or not to do it.

122.

Mention any two provisions of the Right to Education Act, 2010.

Answer»

Key provisions of the Right to Education Act 2010

1. All children in 6-14 age group to get free and compulsory education.

2. No child shall be held back, expelled, or required to pass a board examination till Class-VIII.

3. There will be 25 percent reservation for poor children even in private and minority schools.

123.

How are Fundamental Rights justiciable?

Answer»

The Fundamental Rights are justiciable, as these are enforceable in a court of law and a suit can be filed in a High Court or the Supreme court in case there is dissatisfaction.

124.

Mention the restraints on the following freedoms:(a) Freedom of Speech and Expression(b) Freedom to reside and settle in any part of India.

Answer»

The restraints on the following freedoms are: 

1. Freedom of Speech and Expression: It is restrained in the interests of public order, security of the State Decency or morality. Reasonable restrictions on this right can be imposed in case it fails to abide by the code and conduct. 

2. Freedom to reside and settle in any part of India: This freedom is availed to the extent where the interests of the general public or the interests of the Scheduled Tribes remain protected.

125.

What is meant by the term ‘Single Citizenship’.

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Single Citizenship means that all Indians irrespective of the State of their domicile are the Citizens of India. In India, a person born in Punjab or in Kerala can only be a citizen of India and not a Citizen of the State of their domicile like in the USA.

126.

Name two Fundamental Rights that the Constitution confers on the Minorities.

Answer»

1. Right to conserve the Language, Script and Culture.

2. Right to establish Educational Institutions

127.

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

Answer»

Right Against Exploitation prohibits ‘begar’ and forced labor.

128.

What is meant by the term ‘Right to Equality’ ?

Answer»

‘Right to Equality’ refers to the rights enjoyed by the citizens irrespective of caste, creed, religion or sex, for a successful democracy.

129.

Mention the restraints on the following freedoms:(a) Freedom of Speech and Expression(b) Freedom to reside and settle in any part of India.

Answer»

The restraints on the following freedoms are 

(a) Freedom of Speech and Expression: 

It is restrained up to the interests of public order, security of the State, decency or morality. Reasonable restrictions on this right can be imposed in case it fails to abide by the code and conduct. 

(b) Freedom to reside and settle in any part of India: 

This freedom is availed to the extent where the interests of the general public or the interests of the Scheduled Tribes remain protected.

130.

Name the Fundamental Right aimed at protecting the interests of the Minorities.

Answer»

Cultural and Education Rights (Articles 29).

131.

Explain the following basic features of the Indian Constitution:(a) Single Citizenship(b) Universal Adult Franchise.(c) Fundamental Rights.

Answer»

(a) Single Citizenship: 

The Constitution of India believes in the Single Citizenship. That means a person who belongs to India, is liable to take hold of Single Citizenship no matter in “which State he resides. Single Citizenship aHojysa citizen to entertain the rights and laws of the country. However, in America, dual citizenship is prevalent. 

(b) Universal Adult Franchise: 

Adult or Universal Franchise means, every such person whether male or female is eligible to cast vote to elect the government, who is a citizen of India, is not less than 18 years of age and is not otherwise disqualified under any law. 

(c) Fundamental Rights: 

Certain freedoms which are essential for the personal and common hood, guaranteed under the India Constitution and have been incorporated in the Fundamental Law of the Land and can be enforced by the Courts are known as ‘Fundamental Right’.

132.

With reference to Equality.(a) Briefly explain the components of this right.(b) Explain the restrictions imposed on these rights.

Answer»

(a) Article 14 Equality before the law.

Article 15 Prohibition of discrimination.

Article 16 Equality of opportunity Article 17 Abolition of untouchability.

Article 18 Abolition of titles.

(b) The 42nd Amendment Act, 1976 puts certain restriction son the Right to Equality. A person cannot move the court if his right of equality is restricted to implement the Directive Principles of State Policy, which are the guidelines of the Constitution.

133.

Mention three rights of an individual, arrested under ordinary circumstances.

Answer»

Three rights of an individual arrested under ordinary circumstances are: 

1. No person shall be detained in custody without being informed of the grounds for such arrest. 

2. He shall have the right to be defended by a lawyer of his choice. 

3. He has the right to be produced before the nearest magistrate within twenty-four hours of such arrest. He cannot be detained in custody beyond the said period without the orders of the magistrate. 

Exceptions: 

1. The mentioned safeguards are not available to an enemy alien. 

2. These rights do not apply to persons detained under the Preventive Detention Act.

134.

In the context of Fundamental Rights, give one example that India is a secular state.

Answer»

‘Right to Freedom of Religion’, is one example for proving India, a secular state due to freedom for adopting any religion by the citizens.

135.

Indian Constitution makes Equality as the bedrock of Indian polity. In this context, mention the following rights ‘‘’guaranteed under the Right to Equality(a) Prohibition of Discrimination.(b) Equality of Opportunity in matters of Public Employment.(c) Abolition of Untouchability.

Answer»

Right guaranteed under the right to Equality is as below: 

(a) Prohibition of Discrimination: Article 15 prohibits the state to “discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” No citizen shall be denied access to shops, public restaurants, hotels, places of public entertainment. Neither shall anyone be denied the use of wells, tanks, bathing- ghats and roads maintained wholly or partly out of the State funds. The State may make any special provision for women and children. Also, special provisions may be made for the advancement of socially and educationally backward class of citizens or for the Scheduled Castes and the Scheduled Tribes. 

(b) Equality of Opportunity in matters of Public Employment: Article 16 ensures of equal opportunity for citizens “in a matter relating to employment or appointment to any office under the State.” There shall be no discrimination against any citizen on grounds of religion, race, caste, sex, place of birth, residence or any of them in respect of any employment under the State. The Article, however, undergoes three limitations i.e., 

1. The Parliament may make laws prescribing any requirement as to ‘residence’ for State employment. This is meant for posts which require a knowledge of the locality and of the language of the area, 

2. Reserving posts for members of any backward class which is not adequately represented in the services under the State, and 

3. There may be a law which requires that the holder of an office of any religious institution, shall be a person professing that particular religion.

(c) Abolition of Untouchability: Article 17 declares that “untouchability is abolished and its practice in any form is forbidden.” The Untouchability Offences Act of 1955 provided penalties for preventing a person from entering a place of public worship or taking water from a tank, well or spring in common use. In 1976, the act was renamed as “the Protection of Civil Rights Act”, from “Untouchability Offences Act.”

136.

(a) Why are the Fundamental Rights so called ?(b) What are their characteristic features ?(c) State any two restrictions that can be imposed by the State.

Answer»

(a) The Fundamental Rights are called Fundamental because these are the basic human rights, which should be enjoyed by every citizen.

(b)The characteristic features are to provide all-around development, protection against unjust, discrimination power and no distinction of caste and creed or religion.

(c) Two restrictions are:

1. Article – 19 can be suspended during Emergency.

2. Laws of Parliament (ESMA) Act can impose restrictions on the Right to Freedom to protect the prestige of the Nation.

137.

Under what circumstances can the Fundamental Rights be suspended?

Answer»

The Fundamental Rights guaranteed under Article 19, can be suspended during an Emergency. For instance, freedom of speech, freedom of assembly, freedom of movement remain suspended. During Emergency, the President is the best person to decide how a particular problem should be solved.

138.

What is meant by Equality before Law in the context of the Fundamental Rights ?

Answer»

Article 14 guarantees to every person “equality before the law or the equal protection of the laws within the territory of India”. The Constitution forbids discrimination between persons placed in similar circumstances or conditions.

139.

Mention two Fundamental Rights that indicate that India is a Secular State.

Answer»

Two Fundamental Rights that indicate that India is a Secular State are as follows: 

1. Freedom of conscience and free profession and propagation of Religion. 

2. Freedom to manage Religious Affairs.

140.

The Constitution seeks to ensure social equality. Mention the two Fundamental Rights strengthening this Equality.

Answer»

1. Abolition of Untouchability.

2. Abolition of Titles.

141.

Mention any two categories of the Fundamental Rights.

Answer»

The Fundamental Rights are grouped into six main categories you can select any two:

1. Right to Equality

2. Right to Freedom

3. Right against Exploitation

4. Right to Freedom of Religion

5. Cultural and Educational Rights

6. Right to Constitutional Remedies

142.

With reference to Fundamental Rights, answer the following:(a) What are the components of the Right to Education?(b) How is the Right to Information an implied Fundamental Right ?

Answer»

(a) This right has been granted by the Constitution (Eighty-six Amendment) Act, 2002. By this Act, a new article 21A has been inserted in the Constitution, which states, “The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the state may, by law, determine”. The Act also enjoins on the State to endeavor to provide early childhood care and education to all children until they complete six years of age. 

(b) An implied Fundamental Right is the one which is a part of a named Fundamental Right or partakes of the same basic nature and character as that Fundamental Right. Since RTI is implicit in the Right to Freedom of Speech and Expression (Act. 19), it is an implied Fundamental Right because if one does not know the facts one cannot speak freely. The Right to Information Act came into force on Oct. 12, 2005.

143.

The Fundamental Rights fall into six main categories. List them all.

Answer»

The six main categories of the Fundamental Rights are enlisted below: 

1. Right to Equality 

2. Right to Freedom 

3. Right against Exploitation 

4. Right to Freedom of Religion 

5. Cultural and Educational Rights 

6. Right to Constitutional Remedies.

144.

To which article is the right against exploitation related?

Answer»

Right against exploitation is related to article 23-24 of Indian Constitution.

145.

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.

146.

To which article is the right to freedom related?

Answer»

The right to freedom is related to article 19.

147.

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.

148.

Name the fundamental right, in absence of which the constitution will become almost void.

Answer»

Right to constitutional remedies (Article 32).

149.

To which fundamental right, article 32 is related?

Answer»

It is related to right to constitutional remedies.

150.

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.