RBSE Class 11 Political Science Important Questions Chapter 1 Constitution: Why and How?

Rajasthan Board RBSE Class 11 Political Science Important Questions Chapter 1 Constitution: Why and How? Important Questions and Answers. 

RBSE Class 11 Political Science Important Questions Chapter 1 Constitution: Why and How?

Constitution Why And How Class 11 Extra Questions With Answers Question 1. 
Under whose recommendations was the Constituent Assembly set up?
Answer: 
The Constituent Assembly was set up on the recommendations of Cabinet Mission Plan 1946.

 

Constitution Why And How Class 11 Important Questions With Answers Question 2. 
When were the elections to the Constituent Assembly held? (Imp.)
Answer: 
The elections to the Constituent Assembly were held in July 1946.

Constitution Why And How Important Questions Question 3. 
Name the person who was chosen as the temporary Chairman of the Constituent Assembly.
Answer: 
Dr. Sachidanand Sinha, the oldest member of the Constituent Assembly, was elected as the temporary Chairman of the Constituent Assembly.

Class 11 Political Science Chapter 1 Important Questions Answers Question 4. 
When did the Constituent Assembly meet for the first time?
Answer: 
The Constituent Assembly met for the first time on 9 December 1947.

Rights In The Indian Constitution Class 11 Important Questions Question 5. 
Who was the permanent Chairman of the Constituent Assembly?
Answer: 
Dr. Rajendra Prasad was the permanent Chairman of the Constituent Assembly.

Class 11 Political Science Chapter 1 Extra Questions Question 6. 
When was the Constitution of India adopted by the Constituent Assembly?
Answer: 
The Constituent Assembly adopted the Constitution on 26 November 1949.

Extra Questions Of Constitution Why And How Class 11 Question 7. 
Write down the different forms of Justice mentioned in the Preamble of the Indian Constitution.
Answer: 

1. Social Justice, 
2. Economic Justice and
3. Political Justice.

Important Questions Of Constitution Why And How Class 11 Question 8. 
What is meant by the Preamble? 
Answer: 
The Preamble is a summary of the objectives and the basic philosophy of the Constitution.

Class 11 Political Science Extra Questions Question 9. 
Is the Indian the Constitution a ‘living Document?
Answer: 
Yes, the Indian constitution is a living Document. 

Important Questions Of Political Science Class 11 Chapter 1 Question 10. 
Which Article of the Constitution deals with amendment?
Answer: 
Article 368

Class 11 Political Science Chapter 1 Short Question Answer Question 11. 
Who can make amendments in the Fundamental Rights?
Answer: 
Union Parliament has the power to make amendments in the Fundamental Rights.

Ch 1 Political Science Class 11 Extra Questions Question 12. 
What is ‘begar!
Answer:
‘Begar’ is a practice where the worker is forced to do work for the master free of charge or at a nominal wage.

Question 13. 
Mention one characteristic of the Right against Exploitation.
Answer: 
Child labour, human trafficking, manual scavenging and forced labour are prohibited under this right.

Constitution Why And How Class 11 Important Questions Question 14.
Under which Article of the Constitution can the Fundamental Rights be suspended?
Answer: 
Fundamental Rights can be suspended under Article 359.

Constitution Why And How Class 11 Extra Questions Question 15. 
Are Fundamental Rights absolute? (Imp.)
Answer: 
Fundamental Rights are not absolute.

Ch 1 Political Science Class 11 Important Questions Question 16. 
In which Article is Right to Equality mentioned?
Answer: 
The Right to Equality is mentioned under Articles 14-18.

Question 17. 
What do you understand by Directive Principles of State Policy?
Answer: 
The Directive Principles of State Policy are general directives to the Government in India which they should keep in mind while formulating policies and making laws. 

Question 18.
Are Directive Principles of State Policy justiciable?
Answer: 
Directive Principles of State Policy are not justiciable.

Question 19. 
By which Amendment and in which part of the Constitution have Fundamental Duties been included?
Answer:
Fundamental duties have been added in the Constitution, by 42nd Amendment and in Part-IV A.
Fill in the blanks:

Question 20. 
Indian Constitution was implemented on  1950.
Answer: 
26 January

Question 21. 
Fundamental Duties are given in and Articles 51-A in the Indian Constitution.
Answer: 
Part IV-A Correct the sentence and rewrite:

Question 22. 
The Constitution is a summary of the objectives and the basic philosophy of the Preamble.
Answer: 
The Preamble is a summary of the objectives and the basic philosophy of the Constitution.

Question 23. 
There are 15 Fundamental Duties in the Indian constitution.
Answer: 
There are 11 Fundamental Duties in the Indian constitution. Complete the sentence:

Question 24. 
Dr. B.R. Ambedkar was the President of the Drafting Committee  .
Answer: 
Dr. B.R. Ambedkar was the President of the Drafting Committee of Constituent Assembly.

Question 25. 
Fundamental Rights are.
Answer: 
Fundamental Rights are justiciable.

Question 26. 
Who said: “Through the establishment of a new Nation based upon justice, liberty and equality, they must feel that they are children of the same soil, of the same motherland, members of the same fraternity”?
Answer: 
M.V. Pylee

Question 27. 
Who said: “The directive principles are specially designed to established social and economic democracy”?
Answer: 
Dr. B.R. Ambedkar

Multiple-Choice Questions

Choose the Correct Answers:

28. According to the Cabinet Mission Plan, the Constituent Assembly was to consist of:
(a) 285 members 
(b) 380 members
(c) 389 members 
(d) 490 members
Answer: 
(c) 389 members 

29. The members of the Constituent Assembly were:
(a) Directly elected
(b) Nominated by Congress and Muslim League
(c) Indirectly elected
(d) Appointed by the Governor-General and Governors
Answer: 
(c) Indirectly elected

30. Which of the following is not a Fundamental Right?
(a) Right to Equality
(b) Right to Property
(c) Right to Freedom
(d) Right against Exploitation 
Answer: 
(d) Right against Exploitation

31. By which amendment were Fundamental Duties included in the Constitution?
(a) 44th Amendment
(b) 43rd Amendment
(c) 42nd Amendment
(d) 45th Amendment
Answer:
(c) 42nd Amendment

Very Short Answer Type Questions

Question 1. 
Who moved the ‘Objectives Resolution’ in Constituent Assembly?
Answer: 
Pt. Jawaharlal Nehru moved the ‘Objectives Resolution’ in the Constituent Assembly

Question 2. 
Mention some basic features of Political Philosophy of the Indian Constitution.
Answer: 

1. Liberalism 
2. Social Justice 
3. Freedom
4. Democracy 
5. Secularism 
6. National Integration
7. Federation 
8. Dignity of Man

Question 3. 
What are the different forms of justice mentioned in the Preamble to the Constitution of India?
Answer: 
There are three forms of justice mentioned in the Preamble to the Constitution. These are:

1. Social justice, 
2. Economic justice 
3. Political justice.

Question 4. 
What is the nature of state according to the Preamble?
Answer: 
The nature of the state according to the Preamble is as under:
(a) India is a Sovereign state
(b) India is a Democratic state
(c) India is a Secular state
(d) India is a Socialist state and

Question 5. 
Discuss the objectives of our; i4^Hj Constitution as embodied in the S Preamble.
Answer: 
Following are the objectives of our Constitution given in the Preamble:
(a) Justice-social, political and economic
(b) Equality
(c) Fraternity

Question 6. 
Mention two features of the Indian Secular State.
Answer: 

1. There is no state religion in India. No religion has been given special rights and no religion has been given any special help by the State.
2. The Constitution grants religious freedom to all the people. Every individual can have faith in any religion.

Question 7.
Describe the words included in the Preamble by the 42nd Amendment.
Answer: 
By the 42nd Amendment, following words v/ere included in the Preamble of the Constitution:
(a) For the words ‘Sovereign Democratic Republic’, the words ‘Sovereign Socialist Secular Democratic Republic’ were substituted.
(b) For the words ‘Unity of the Nation’, the words ‘Unity and Integrity of the Nation’ were substituted.

Question 8. 
Write down the different forms of liberty mentioned in the Preamble of the Constitution.
Answer: 
The aim of the Preamble is to provide liberty to the people and the Preamble mentioned the various types of liberties, such as:

1. Liberty of Thought: Liberty of thought is given to all the citizens of India.
2. Liberty of Expression: Citizens are guaranteed the liberty of expression.
3. Liberty of Belief and Faith: Citizens are given liberty of belief and faith.
4. Liberty of Worship: The Constitution guarantees liberty of worship.

Question 9. 
Mention the kinds of Justice included in the Preamble of the Constitution.
Answer: 
The object of the Constitution is that all the citizens of India should get justice in every sphere of life. In the Preamble, the idea of achieving Social, Economic and Political Justice for all has been mentioned.

Question 10. 
What is a Constitution? 
Answer: 
The Constitution is a collection of those rules and regulations according to which the administration 
of the state is run. The Constitution is the fundamental law which reflects the will of the people. It is in accordance with the Constitution that the state makes laws, executes them and punishes their breachers.

Question 11. 
‘Indian Constitution is People’s own Constitution.’ Comment.
Answer: 
The Indian Constitution has been framed by the Constituent Assembly by the people of India. The Constitution has not been imposed upon us. It originates from the people of India and is promulgated in the name of the people.

Question 12. 
Why is the Indian Constitution called a ‘Bag of Borrowings’?
Answer: 
The Indian Constitution is generally described as a ‘Bag of Borrowings’ because the Indian Constitution has drawn extensively from the major Constitutions of the world. The framers of the Indian Constitution have drawn many good things from the best Constitutions of the world.

Question 13. 
Why is the Indian Constitution ' called a blend of rigidity and flexibility? 
Answer: 
The Constitution of India is called a blend of rigidity and flexibility because it is neither flexible like the British Constitution nor rigid like the American. Some of the Articles of the Constitution can be amended by a simple majority of the Parhament and some of the Articles can be amended by at least 2/3rd majority of the members of the Parliament with ratification by the legislatures of at least one half of the states.

Question 14. 
Discuss in brief the procedure of Amendment of the Indian Constitution.
Answer: 
The procedure of Amendment is mentioned in Article 368.

1. There are certain articles of the Constitution which can be amended by a simple majority.
2. There are some articles which can be amended by the Parhament by the clear majority of both the Houses and the 2/3rd majority of members present and voting.
3. The most important Articles can be amended by the 2/3rd majority of both the Houses of Parliament and approval by half of the state legislatures.

Question 15. 
What do you understand by the term Fundamental Rights?
Answer: 
The legal rights stated in the Constitution are called Fundamental Rights. These rights are considered essential for the development of an individual. Citizens in India, Japan, America, Russia and Switzerland enjoy Fundamental Rights. 

Question 16.
Which Fundamental Rights * are given in our Constitution? (Imp.) ’
Answer: 
Part III of our Constitution mentions the following Fundamental Rights:

1. Right to Equality
2. Right to Liberty
3. Right against Exploitation
4. Right to Religious Freedom
5. Right to Culture and Education
6. Right to Constitutional Remedies

Question 17. 
Mention four salient features of the Fundamental Rights contained in the Indian Constitution.
Answer: 

1. Fundamental Rights are entitled to all the citizens of India without any discrimination.
2. Fundamental Rights are not absolute.
3. Fundamental Rights can be restricted or suspended.
4. Fundamental Rights are justifiable.

Question 18. 
What is meant by a Writ of Mandamus?
Answer: 
‘Mandamus’ is a Latin word which means ‘We command’. Mandamus is an order from a superior Court to a lower Court or tribunal or public authority to perform an act, which falls within its duty.

Question 19. 
Explain the meaning of Writ of Quo- warranto.
Answer: 
The Writ of Quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example, a person of 60 years is appointed to fill a public office, whereas the retirement age is 55. Now the appropriate High Court has a right to issue a Writ of Quo-warranto against that person and declare the office vacant.

Question 20.
Why are Fundamental Rights enumerated in the Indian Constitution?
Answer: 
Fundamental Rights are included in the Constitution to uphold the dignity of the individual. The object of enshrining Fundamental Rights in the Constitution is to sustain the proposition that the system of government recognised by the Constitution embodies the concept of limited government, i.e., a government of laws and not of men. Another very important reason for the inclusion of Fundamental Rights in the Constitution of India is to create a climate of trust and confidence in the minds of minorities living in the country.
 
Question 21. 
Describe the importance of the ; fnMJ Right to Constitutional Remedies. ;
Answer: 
Right to Constitutional Remedies is the most significant right mentioned in the Constitution. This right is often described as the most fundamental of all the Fundamental Rights since all other rights given under Part III of the Constitution would become meaningless without this right. Our other rights are not only implemented by this right but safeguarded also. That is why many constitutional experts describe this right as the heart and soul of Fundamental Rights.

Question 22.
Mention the importance of Fundamental Rights.
Answer: 
There is a great importance of the Fundamental Rights given in the Indian Constitution. The Fundamental Rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make the life worth living. The Fundamental Rights safeguard the individual by putting restriction on the arbitrariness of the Government.

Question 23. 
How many writs can be issued under Article 32 by the Supreme Court and High Courts? 
Answer: 
The Supreme Court and High Courts can issue five types of writs under Article 32 of the Constitution. These writs are:

1. Writ of Habeas Corpus
2. Writ of Mandamus
3. Writ of Quo-warranto
4. Writ of Prohibition
5. Writ of Certiorari

Question 24.
What do you understand by Directive Principles of State Policy?
Answer: 
The Directive Principles of State Policy are included in Part IV (Articles 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 making laws. Directive Principles are in the nature of affirmative instructions to the government to direct its activities to certain things. Directive Principles are non-justiciable. There is no legal force behind Directive Principles.

Question 25. 
Explain in brief the aims of * the Directive Principles. (Imp.)
Answer: 

1. These Directive Principles aim at realisation of social and economic freedom without which political freedom has no meaning at all. 
2. The aim of these principles is to establish a welfare state.
3. Article 37 declares these Directive Principles to be fundamental in the governance of the country and it shall be the duty of the state to apply the principles in making laws.
4. The aim of the Directive Principles is to promote the realisations of the high ideals set forth in the Preamble of the Constitution.

Question 26. 
Name any two duties of the Indian citizen.
Answer: 

1. It is the duty of every citizen to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. It is the duty of every citizen to cherish and follow the noble ideals which inspired our national struggle for freedom.

Short Answer Type Questions

Question 1. 
Discuss the circumstances which led to the formation of the Constituent Assembly.
Answer: 
Our Constitution was drafted by a Constituent Assembly composed of Indian people. Mahatma Gandhi mooted the idea of Constituent Assembly in 1922 and the Indian National Congress put the demand in a concrete form in 1935. But this demand of the Congress party remained unfulfilled for a number of years. It was incorporated in the Cripps Proposals of 1942 that after the end of the war, a Constitution-making body would be set up to frame a new Constitution.

However, for various reasons, the Cripps Proposals did not meet the approval of the Indian people. The Cabinet Mission Plan 1946 proposed the Constitution of a Assembly to frame the Constitution. The elections to the Constituent Assembly were held in 1946 according to the Cabinet Mission Plan. Its first meeting was held on 9 December 1946.

Question 2. 
Explain the composition of the * Constituent Assembly. (Imp.) ;
Answer: 
The Constituent Assembly consisted of 389 members: 296 from the British-Indian provinces and 93 from the Indian states. Out of 296, 4 members were taken from the Chief Commissioners’ Provinces. The first meeting of Constituent Assembly was presided over by an experienced and old member, Dr. Sachidanand Sinha, in which 210 members participated.

Question 3. 
Write a short note on the Constituent Assembly of India.
Answer: 
The Cabinet Mission 1946 recommended the setting up of the Constituent Assembly. The Constituent Assembly was to consist of 389 members: 296 from the British provinces and 93 from the Indian states. The elections to the Constituent Assembly were held in July 1946. The results of the elections created a sense of frustration in the league. The Constituent Assembly constituted of 299 members after the withdrawal of the Muslim League.

The first session of the Constituent Assembly was held on 9 December 1946. The Constituent Assembly adopted the National Flag on 22 July 1947. On 29 August 1947, a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar was appointed. After doing much labour, the draft of the Constitution was published in January 1948. The members of the Constituent Assembly were given full eight months to consider the draft of the Constitution. At last on 26 November 1949, the Constituent Assembly adopted the new Constitution of India. The new Constitution came into effect on 26 January 1950.

Question 4. 
Mention four sources of the Indian Constitution.
Answer: 

1. Amendment is the main source of the Indian Constitution.
2. Acts of Parliament is another source of the Indian Constitution.
3. The Act of 1935 is an important source of the Indian Constitution. The Constitution derives a lot from the Government of India Act 1935.
4. The Judicial decisions is another source of the Indian Constitution.

Question 5. 
Why is the Indian Constitution bulky?
Answer: 
Indian Constitution is the lengthiest Constitution in the world. The Indian Constitution is very lengthy due to the following reasons:

1. There is only one Constitution for the Central Government as well as for the States.
2. The distribution of powers between the Centre and the States are discussed in detail.
3. Fundamental Rights mentioned in Part III of the Constitution are in detail.
4. Directive Principles of State Policy have also increased the volume of the Constitution.

Question 6. 
Why do we need a Constitution?
Answer: 
All the democratic countries of the world have Constitutions. We need a Constitution due to the following reasons:

1. A constitution is needed to provide basic rules which assure coordination amongst members of a society.
2. A constitution is needed to provide fundamental principles and rules on the basis of which the government should be run.
3. A constitution is needed to specify how the government will be constituted.
4. Constitution puts limitations on the three organs of the government so that no organ should become absolute and arbitrary.

Question 7. 
How is the Constitution of India amended?
Describe the methods through which the Indian Constitution can be amended. ;
Answer: 
The process of amending the Constitution of India is given in Art. 368. The method of amending the Constitution of India is neither very difficult nor easy. The framers of the Indian Constitution adopted the middle path and made the Indian Constitution neither too rigid nor too flexible. There are three types of procedures of amending the Indian Constitution:

1. Amendment by the Parliament by a simple majority
2. Amendment by the Parliament by a 2/3rd majority
3. Amendment by the special majority of Parliament and ratification by more than 50% states of India

Question 8. 
Explain any four amendments in the Indian Constitution.
Answer: 

1. The First Amendment empowers the State to impose reasonable restrictions on freedom of speech and expression, etc. The scope of freedom of speech and expression has been narrowed down.
2. By the Thirteenth Amendment, the State of Nagaland was brought into existence.
3. The Twenty-first Amendment added Sindhi in the Eighth Schedule of the Constitution dealing with languages in India.
4. The Twenty-fourth Amendment empowers to amend any part including the Part-Ill of the Constitution. The amendment was necessitated to remove the obstacles placed by the decision of Golak Nath’s Case.

Question 9. 
Mention the main characteristics of the method of amendment of the Constitution of India.
Answer: 

1. Every part of the Constitution can be amended. Each part of the Constitution can be amended but the basic structure of the Constitution cannot be changed.
2. Amendment Bill can be introduced in either House of the Parliament.
3. Article 368 can be amended. Article 368 of the Constitution which deals with the procedure of the Constitution can be amended.
4. States have no initiative for Constitutional Amendment. The power of initiating amendment lies with the Parliament. The states have not been given any such power of initiating amendments.
5. No time limit fixed for ratification by states. The states may take as much time as they like. There is no Constitutional limitations on their power of delay.

Question 10. 
Mention any three criticisms against the procedure of amendment in the Constitution.
Answer: 
The method of amending the Constitution suffers from certain defects also. Methods of amendment are criticised on the following grounds:
1. States have no Initiative for Constitutional Amendment: The power of initiating an amendment hes only with the Parliament. The States have not been given any such power of initiating amendments. Besides, the approval of the States is not essential for all the amendments.

2. No Time Limit Fixed for Ratification by States: The procedure suffers from another defect that no time limit is fixed in the Constitution for the approval of the states. They may take as much time as they like. There is no constitutional limitation on their power of delay.

3. Assent of the President over Constitutional Amendments: Nothing about the veto power of the President is given in the procedure of amendment. It is also not mentioned in the Constitution that an amendment which is approved by the State requires the assent of the President or not.

Question 11. 
Explain the Right to personal liberty.
Answer: 
Articles 20 to 22 aim at protecting the individual’s life and personal liberty. Article 20 lays down:
(a) No person shall be convicted to any offence except for violation of a law in force at the time of the commission of the act charged as offence;
(b) No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence;
(c) No person shall be prosecuted and punished for the same offence more than once;
(d) No person accused of any offence shall be compelled to be a witness against himself;
(e) Article 21 provides that no person shall be deprived of his personal liberty, except the procedure established by law;
(f) No person can be arrested in any arbitrary manner nor can he be detained for an indefinite period. 

Question 12. 
What are the main differences between Fundamental Rights and Directive Principles? {Imp.)
Answer: 
Following are the main differences between Fundamental Rights and Directive Principles.

1. Fundamental Rights are justiciable, while Directive Principles are not justiciable.
2. Fundamental Rights are mandatory, while Directive Principle are optional. It is mandatory for the government to enforce fundamental rights but Directive Principles are optional.
3. Fundamental Rights are negative to prohibit the government from doing certain things. But, Directive Principles are affirmative instructions to the government to do certain things.
4. Fundamental Rights are concerned with the individual, whereas Directive Principles concern the entire society in which the individual is a component.
5. The aim of Fundamental Rights is Political democracy, but that of Directive Principles is Economic democracy.

Question 13. 
What do you understand by Directive Principles of State Policy? Explain in brief the objectives of Directive Principles.
Answer: 
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 making laws. Directive Principles are in the nature of affirmative instructions to the government to direct its activities to do certain things. Directive Principles are non-justiciable as there is no legal force behind it.
Objectives, 
(a) These Directive Principles aim at the realisation of social and economic freedom without which political freedom has no meaning at all.
(b) The aim of these principles is to establish a welfare state.
(c) Article 37 declares these Directive Principles to be fundamental in the governance of the country and it shall be the duty of the state to apply the principles in making laws.
(d) The aim of the Directive Principles is to promote the realisations of the high ideals set forth in the Preamble of the Constitution.

Question 14. 
Mention any five directive principles given in the Constitution.
Answer: 

1. The state shall strive to promote the welfare of the people.
2. The state shall endeavour to secure a living w'age and decent conditions of work.
3. The state shall take steps to establish a Uniform Civil Code throughout the country.
4. The state shall endeavour to promote international peace and security.
5. The state shall take steps to separate the judiciary from the executive.

Question 15. 
State any four Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Answer: 
The bulk of the Directive Principles aim at the establishment of a Socialist Society in India. Most of the socialistic principles are contained in Articles 38, 39, 41, 42 and 43.

1. The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-social, economic and political shall inform all the institutions of national life.
2. The State shall provide adequate means of livelihood to all citizens, men as well as women.
3. The State shall try to secure equitable distribution of material resources of the community with a view to ensure common good.
4. The State shall endeavour to secure a living wage and decent conditions of work so as to ensure the workers sufficient leisure and enjoyment of social and cultural opportunities.

Question 16. 
Explain in brief the Gandhian principles as provided in the Directive Principles of the State Policy.
Answer: 
Some of the Directive Principles are in accordance with Gandhian Ideology. They are as follows:
(a) The State shall organise village panchayats to enable them to function as units of Self-governments.

(b) The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.

(c) The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them from social injustice and forms of exploitation.

(d) The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption, except for medical purposes, of intoxicating drinks and of drugs which are injurious to health. 

Question 17. 
Describe four Directive Principles relating to International peace and security.
Answer: 
Article 51 raises the obligations of the state to a still higher level, from the national to the international point of view.

1. The State shall endeavour to promote international peace and security.
2. The State will maintain just and honourable relations between nations.
3. The State will foster respect for international law and treaty obligation.
4. The State will encourage the settlement of international disputes by arbitration.

Answer: 
In this category, those principles are included which are of a general and liberal character. These include:

(a) A Uniform Civil Code throughout the territory of India
(b) To bring about the separation of judiciary from the executive
(c) To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years
(d) To raise the level of nutrition and the standard of living of the people and the improvement of the public health

Long Answer Type Questions

Question 1. 
How was the Constitution of India framed?
Answer: 
To frame the Constitution of India, a Constituent Assembly was set up under the Cabinet Mission Plan of 1946. The first session of that Constituent Assembly was held in December 1946. The Constituent Assembly elected Dr. Rajendra Prasad its Chairman on 11 December 1946. On 13 December 1946, Pandit Jawaharlal Nehru presented in the Constituent Assembly a resolution regarding Objectives of the Constitution. After a long debate, the Constituent Assembly accepted the Objectives Resolution.

The Constituent Assembly appointed many commitees on different subjects. To prepare the draft of the Constitution, the Constituent Assembly appointed a 7- member Drafting Committee on 29 August 1947. Dr. B.R. Ambedkar was the Chaiman of that Drafting Committee. On the basis of the reports presented by the committee on various subjects, the Chairman of the Drafting Committee, Dr. B.R. Ambedkar, presented the draft of the Constitution to the Chairman of the Constituent Assembly.

Detailed debates about that draft were held in the Constituent Assembly and several types of amendments were made in the draft of the Constitution. After completion of debates on the draft, the Constitution of India was finally accepted by the Constituent Assembly on 26 November 1949. This Constitution was enforced on 26 January 1950.

Question 2. 
Explain the ‘Objectives Resolution’ of 1946. 
Answer: 
The first session of the Constituent Assembly was held on 19 December 1946. On 13 December 1946, Pt. Jawaharlal Nehru moved the Objectives Resolution. Some of the important provisions of the Objectives Resolutions were as follows:

(i) This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for the future governance a Constitution.

(ii) Wherein all power and authority of the Sovereign Independent India, its constituent parts and organs of the government, are derived from the people; and

(iii) Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and

(iv) Wherein adequate safeguards shall be provided for minorities, backward and tribal areas and depressed and other backward classes; and  The Objectives Resolution gave expression to the ideals and aspirations of the people of India. It embodies the broad objectives which the Constituent Assembly was to set before itself. India was to be an Independent Sovereign Republic consisting of British India and the Princely States. All power were to be derived from the people. All people were to be guaranteed and secured social, economic and political justice, equality of status, and of opportunity before law. The Objectives Resolution, after detailed discussion, was adopted by the second session.

Question 3. 
Discuss the main sources of the Indian Constitution.
Answer: 
The new Constitution of India, though ready by 26 November 1949, came into operation on 26 January 1950. The following are the main sources of the Indian Constitution:
(a) The Constitution of 1950: The nature of the Indian politics is primarily known from the Constitution of 1950 which was framed by a Constituent Assembly. This Constitution which came into operation on 26 January 1950 is still the basis of our fundamental laws.

(b) Amendments: No Constitution can be rigid and a straight-jacket. If it is to serve the need of the people, it must grow and expand. Amendment is one of the methods by which Constitutions are kept in harmony with the changing circumstances. Some of the amendments have made significant and far reaching changes in the original Constitution of 1950.

(c) Acts of the Parliament: Many Articles of the Constitution empower the Parliament to legislate on certain matters which deal with the Constitution. Thus, the Parliament has passed many laws to deal with those matters. The following are some of the enactments:

1. Preventive Detention Act, 1950
2. Representation of People Acts, 1950, 1951
3. Finance Commission Act, 1951
4. Presidential and Vice-Presidential Election Act
5. Indian Citizenship Act, 1955
6. States Reorganisation Act, 1956
7. Supreme Court (Number of Judges) Act, 1956 (viii) Bombay Reorganisation Act, 1960
8. The Official Languages Act, 1963 (as amended in 1968)
9. The Punjab Reorganisation Act, 1966
10. The Unlawful Activities Prevention Bill, 1967
11. Maintenance of Internal Security Act, 1971 
12. Presidential and Vice-Presidential Poll Dispute Act, 1977
13. The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980
14. National Security Act, 1980

(d) Judicial Decisions: According to Justice Holmes, “Judges do and must legislate”. Like the American Constitution, the Indian Constitution has also expanded due to the various judgements of the Supreme Court. The Supreme Court of India has been vested with the power and responsibility to safeguard the Constitution. Many of the Articles of the Constitution have been explained and interpreted by the various High Courts and the Supreme Court. In the case of Gopalan Vs State of Madras, the Supreme Court defined the scope of personal liberty. In the case of Bengal Immunity Co.

Ltd. Vs State of Bengal, the Supreme Court declared that it can overrule its previous decisions. Perhaps the most important decision is related to the Golak Nath Case. In this case, the Supreme Court held that the Parliament of India has no power to amend the fundamental rights guaranteed under Part III of the Constitution. The 24th Amendment of the Constitution empowers the Parliament to mend any part, including Part III of the Constitution. However, the 24th Amendment was challenged in the Supreme Court.

(e) The Government of India Act, 1935: The new Constitution derives a lot from the Government of India Act of 1935. Both in language and substances, remarks Prof. Srinivasan, “It is a close copy of the Act 1935. Almost two-third of the Constitution owes its origin to this Act with modifications in the context of the new conditions attainable in the country.” Many Articles of the new Constitution have been borrowed from the Government of India Act, 1935. As many as 250 Articles, word for word or with a little modification, from the Act of 1935 have been inducted into the new Constitution.

Some of the Articles of the Constitution clearly lay down that till the Parliament enacts a new law, the old rules under the Act of 1935 will continue in force. Articles 352 and 353 of the present Constitution dealing with emergency are a copy of Section 102 of the 1935 Act. The three lists viz., the Federal list, the Provincial and the Concurrent list of the Act of 1935 have been taken up in the new Constitution as the Union list, the State list and the Concurrent list.

(f) The Commentaries of Constitutional Experts: The commentaries of constitutional experts on the Indian Constitution is an important source of our Constitution. Some of the important books are as follows:

• D. D. Basu’s Introduction to the Constitution of India
• Alexander’s Development of the Indian Constitution
• A. B. Lai’s Indian Parliament
• Shukla’s Constitution of India

(a) D. D. Basu’s Commentary on the Constitution of India
(vi) Jenning’s Some Characteristics of the Indian Constitution

(g) Other Constitutions: The Indian Constitution has drawn extensively from the major constitutions of the world. The framers of the Indian Constitution have drawn freely many good things from the Constitutions of England, America, Australia, Canada, Germany, South Africa and Ireland.

(h) Conventions: However detailed a Constitution may be, conventions do “clothe the dry bones of law”. Ever since the Indian Constitution came into operation, many conventions have grown and developed. One such example is about the appointment of a Governor. A convention has grown that before making the appointment of a Governor, the Chief Minister of the concerned State is invariably consulted.
Thus, unless the above mentioned sources are studied, the study of the Indian Constitution which came into force on 26 January 1950 will remain incomplete.

Question 4. 
“The Constitution of India is a bag of borrowing.’ Discuss.
Answer: 
The Indian Constitution is generally described as a ‘borrowed Constitution’, a ‘patch work’, a ‘paste and scissors affair’ because the Indian Constitution has drawn extensively from the major Constitutions of the world. The framers of the Constitution were interested in making a fine and workable Constitution which should work efficiently and should prove to be a living means for the development of India. Prof. M. P. Sharma has very rightly said, “It was not the purpose of our Constitution makers to produce an original or unique Constitution. What they wanted was a good and workable one.” The framers of the Indian Constitution have drawn freely from the British Constitution. This is perhaps due to a long association with Great Britain. The following are the gifts of the British Constitution to our new Constitution:

1. The Indian President is a Constitutional head like the British Queen, 
2. Like the British House of Commons, the Indian Lok Sabha is more powerful than the Second Chamber, i.e., Rajya Sabha. 
3. Like the British, Cabinet is responsible to the Parliament. 
4. Like England, India had adopted a Parliamentary form of Government, 
5. The Rule of law has also been taken from England.
6. The framers of the Indian Constitution have drawn the following from the American Constitution:
7. The Preamble of the Indian Constitution is akin to the Preamble of the American Constitution, 
8. According to T.K. Tope, the Vice-President of India is like the Vice-President of the U.S.A. 
9. The Fundamental Rights of the Indian Constitution resemble the Bill of the Rights of the U.S.A. (iv) Like the American Judiciary, the Indian Judiciary is independent, 
10. The nature and functions of the Supreme Court are like those of the American Supreme Court.

 
The following are drawn from the Irish Constitution:

• Directive Principles of State Policy
• Some members of the Rajya Sabha are nominated.

Influence of the South African Constitution:

• Like the Constitution of South Africa, certain Articles of the Indian Constitution are amended by two-thirds majority of the Parliament, 
• The members of Rajya Sabha are elected by the State Legislatures in accordance with the principle of proportional representation.

Influence of the Weimar Constitution: The President’s emergency powrer to suspend the fundamental rights during an emergency is taken from Section 48 of the Weimar Constitution of Germany. Influence of the Canadian Constitution: 

• In the Indian Constitution, like the Canadian Constitution, residuary powers are given to the Centre, 
• Like the Canadian Constitution, strong centre is provided in the Indian Constitution, 
• (iii) The name ‘Union of India’ for the ‘Indian Republic’ has got its source from the Canadian Constitution.

Influence of the Australian Constitution:
(i) While speaking in the Constituent Assembly on 4 November 1948, Dr. Ambedkar pointed out that the concurrent list has been included in the Constitution after taking inspiration from the Australian Constitution.

(ii) The method to deal with the conflict between the Centre and the State has been taken from the Australian Constitution.

(iii) Judges of the Supreme Court can be removed from office on the grounds of proved misbehaviour or inefficiency. The words ‘misbehaviour’ or ‘inefficiency’ have been taken from the Australian Constitution.

Question 5. 
Describe in brief the salient features of the Indian Constitution.
Answer: 
The following are the salient features of the Indian Constitution:
(i) Written and Detailed Constitution:
The Indian Constitution is a written Constitution. It was framed by a Constituent Assembly whose elections were held in 1946. The Indian Constitution is also a detailed Constitution. It is seven times as big as that of the Fourth Republic of France. The makers of the Constitution left very little scope for customs and conventions. The Constitution consists of 395 Articles and 12 Schedules. They also constitute the part and parcel of the Constitution. 

(ii) Creation of a Sovereign Democratic Republic:
The Preamble to the Indian Constitution declares India to be a “Sovereign Democratic Republic”. But by the 42nd Amendment, the Preamble of the Constitution was amended. For the words ‘Sovereign Democratic Republic’, the words ‘Sovereign, Socialist, Secular Democratic Republic’ were substituted. And for the words ‘Unity of the Nation’, the words ‘Unity and Integrity of the Nation’, were substituted.

(iii) People’s Own Constitution:
The Indian Constitution has been framed by the Constituent Assembly formed by the people of India. The Constitution has not been imposed upon us. It originates from the people of India and is promulgated in the name of the people.

(iv) Secular State:
The Constitution of India establishes Secular State. By 42nd Amendment, the word ‘Secularism’ is included in the Preamble of the Constitution.

(v) Flexible and Rigid Constitution:
The Indian Constitution is rigid as well as flexible. Some of the Articles of the Constitution can be amended by a simple majority of the Parliament, for example, changing the names of the states, altering the boundaries of the State, matters relating to citizenship, etc. Some of the Articles of the Constitution can be amended by at least 2/3rd majority of the members of the Parliament with ratification by the legislatures of at least one-half of the states. There is yet a third method of the amendment of the Constitution i.e., some of the Articles of the Constitution can be amended by 2/3rd majority of the members of the Parliament. In this way, the Indian Constitution is both rigid as well as flexible.

(vi) Federation with a Unitary Bias:
Though the word ‘Federation’ has not been used in any of the Articles of the Constitution, yet the Constitution establishes in a federation form in India. According to Art. 1 of the Constitution, “India shall be a Union of States.” 

The Indian Constitution possesses all the necessary characteristics of a federation, viz.
(1) The Indian Constitution is a written and rigid one;
(2) powers between the Centre and the States have been divided by the Constitution and 

(3) there exists an independent Supreme Court to determine the constitutionality of laws passed by the legislature and orders issued by the executive. The Supreme Court is the guardian of the Constitution.
In spirit, however, the Indian Constitution is unitary. About the Indian Constitution, it is often said “it is federal in form but unitary in spirit.”

(vii) Parliamentary form of Government: The Indian Constitution establishes a parliamentary form of the Government in India. The new Constitution clearly lays down that there shall be a Council of
Ministers to aid and advise the President in the discharge of his duties.

(viii) Fundamental Rights: Part III of the Indian Constitution deals with the fundamental rights of the people. One of the characteristics of these rights is that while some rights are only for the citizens, others are available to all citizens as well as aliens. Rights are essential for the all-round development of man; hence their inclusion in the Constitution. Indian citizens enjoy six categories of fundamental rights: 

1. Right to Equality 
2. Right to Freedom 
3. Right to Religion 
4. Cultural and Educational Rights 
5. Right against Exploitation 
6. Right to Constitutional Remedies. Under the bill of Rights, all the citizens have been given equal rights.

(ix) Directive Principles of State Policy:
Chapter IV of the Indian Constitution embodies Directive Principles of the State Policy. They have been declared “fundamental in the governance of the country”.

(x) Fundamental Duties: By 42nd Amendment after Part IV of the Constitution, Part IV A is inserted in the Constitution. For the first time, a set of 10 Fundamental Duties of the citizens have been enumerated. In December 2002, the Parliament was incorporated with another Fundamental Duty through Constitutional Amendment. The chapter of 11 Fundamental Duties is by far the most fundamental and important for every generation, present as well as future.

(xi) Independent Judiciary: Independent judiciary is a bulwark of democracy. The Indian Constitution makes provision for the establishment of an independent judiciary. An independent judiciary is essential not only for the protection of the fundamental rights of the people, but is equally essential in a Federal Government.

(xii) Bicameral Legislature: Another feature of the Indian Constitution is that the Indian Parliament consists of two Houses -the Lok Sabha and the Rajya Sabha. The Lok Sabha, a Lower House, represents the whole nation while the Rajay Sabha, an Upper House, represents the states. The Lok Sabha is more powerful than the Rajya Sabha.

(xiii) Single Citizenship: Normally, in a federation, there is the provision for double citizenship—citizen of one’s own state and citizen of the country. Despite the establishment of federation, there is single citizenship in India. All are citizens of India. The Indian Constitution does not recognise State citizenship.

(xiv) Judicial Review: Unlike the American Constitution, the Indian Constitution has specially provided for the judicial review. Under the Indian Constitution, the Parliament is not a sovereign body as the Supreme Court can strike down the acts passed by the Parliament. Similarly, the orders of the executive are subjected to judicial review. This power of the Supreme Court extends to the orders issued and laws passed by the state legislatures also.

(xv) Rule of Law: Another distinctive feature of the Indian Constitution is the Rule of Law. It means that in India, law is supreme and it is the law which rules over the people. As long as a citizen obeys the laws, he need not be afraid of any individual. All persons are equal in the eyes of law irrespective of their rank or position.

(xvi) Adult Franchise: Before the inauguration of the new Constitution, the Franchise, under the Act of 1935, was very limited. The new Constitution provides for universal adult suffrage. Every Indian citizen of 18 years or above has the right to vote.

(xvii) Joint Electorate System: The Constitution abolishes the Communal Election System which was introduced in the Indian politics by the Government of India Acts of 1909, 1919 and 1935. At present, joint election system is the feature of the Constitution.

(xviii) Untouchability Abolished: Another important feature of the Constitution is the abolition of untouchablity which the Congress for years had been trying to achieve through public enlightenment.

(xix) Protection of Minorities, Scheduled and Backward Classes and Tribes: The Indian Constitution contains special provisions for the protection of minorities, Scheduled and Backward Classes and Tribes.

(xx) Recognition of Hindi as an Official Language: The Constitution recognises Hindi as the official language of the Indian Union. The Constitution also recognises twenty-two other Indian languages as regional languages.

Question 6. 
Explain briefly the political philosophy of the Indian Constitution. (Imp.)
Answer: 
The Indian Constitution begins with a preamble. The Preamble serves the purpose of a window through which we peep into the intentions of the makers of the Constitutions. In fact, the Preamble is a summary of the objectives and basic philosophy of the Constitution. The Preamble is the mirror of the Constitution. The basic philosophy of the Indian Constitution is as follow:
1. People are the Source of Authority: The Preamble expresses in a very clear language that people are the ultimate source of all authority. It is the people who have adopted and enacted the Constitution. The Constitution originates from the people of India and is promulgated in the name of the people of India.
 
2. Socialist State: By 42nd Amendment, the word ‘Socialist’ was inserted in the Preamble of the Constitution. The government is committed to socialism.

3. Secularism: The Indian Constitution is based on the philosophy of Secularism. India is a secular state. All citizens enjoy the freedom of religion and there is no official religion of the state.

4. Democratic Principles: All democratic principles are adopted in the Indian Constitution.

5. Justice: The basic philosophy of the Constitution is that all the citizens of India should get justice in every sphere of life. In the Preamble, the idea of achieving social, economic and political justice for all citizens has been mentioned. To achieve social, economic, and political justice, provisions have been made in the Constitution.

6. Liberty: The Indian Constitution is based on the philosophy of freedom. The citizens of India have been guaranteed a number of freedoms by the Constitution. Some of the very important freedoms such as freedom of thought, freedom of expression, freedom of belief and worship, etc., are mentioned in the Preamble.

7. Equality: The principle of equality is the basic principle of the Indian Constitution. The positive concept of equality is that all persons should be given equal opportunities to rise and develop. Equality means “among equals the law should be equal and should be equally administered, the like should be treated alike”.

8. Fraternity: The Preamble to the Constitution lays special stress upon the promotion of fellow-feeling among the people of India.

9. Integrity: The inclusion of the term integrity expressed “our determination to put an end to separatist tendencies”. Effort was made to make people feel at home in every part of India from whichever state or region they might come. “Thus, the Preamble reflects the aims and objectives of the new nation-a living, vital and progressive nation.” The makers of the Constitution aimed at the establishment of a society free from hunger, misery, starvation and exploitation-a society where each stands for all and all for each.

Question 7. 
Examine the significance of the Preamble to the Indian Constitution.
Answer: 
The Preamble is not a part of the Constitution. It does not have any legal force. Still, it has special significance. The significance of the Preamble is as follows:
1. Source of Authority: The Preamble expressed in a very clear language that people are the ultimate source of all authority. It is the people who have adopted and enacted the constitution.

2. Nature of Indian Polity: The Preamble emphasises the fact that India is a Sovereign, Socialist, Secular, Democratic Republic.

3. Symbol of Objectives: The Preamble is the symbol of those objectives which the Constitution makers pledged to attain. The Preamble assures the people of India Justice, Social, Economic and Political.

4. Key to the Constitution: The Preamble is the soul and spirit of the Constitution. The Preamble is the mirror of the Constitution and is a jewel set in the Constitution.

5. Guide to the Government: The Preamble to the Constitution provides guidelines to the government of the day.

6. Guidelines to the Judiciary: Whenever a Court of Justice has to explain some articles of the Constitution, then it takes the help of the ideas expressed through the Preamble of the Constitution.

7. Yardstick to evaluate the performance of the Government: The Preamble enables the people to assess and evaluate the performance of the government in the light of the objectives laid down in the Preamble. It keeps the government on its toe.

Question 8. 
Discuss in brief the procedure for the amendment of the Indian Constitution.
Answer: 
The method of amending the Constitution of India is neither very difficult nor so easy. The framers of the Indian Constitution adopted the middle path and made the Indian Constitution neither too rigid nor too flexible. The procedure of amendment is mentioned in Article 368. There are three types of procedure for amending the Indian Constitution:

1. Amendment by the Parliament by a Simple Majority: There are certain articles of the Constitution that can be amended by a simple majority. The articles which can be amended in this way are concerned with matters like the admission of new states into India, creation of new states, to change the territory boundary or making of any state, consequential changes in the first and fourth schedules required because of the above given amendments, etc. Similarly, the Parliament may, by simple majority, create or abolish a legislative council on the recommendation of the Legislative
Assembly of the State. 

The Parliament has the authority to increase the jurisdiction of the Supreme Court. It may create High Courts for the Union Territories. It may entrust additional functions to the Public Service Commission. The Parliament is also empowered to lay down some more qualifications of the Parliament and the State Legislatures. The pay and allowances of the members of Parliament and the central ministers are fixed by the Parliament. But, the laws made concerning subjects are not considered amendments of the Constitution according to Article 368 of the Constitution. In fact, the right of making changes in the Constitution is given to every Parliament and those changes are not considered amendments of the Constitution.

2. Amendment by the Parliament by a 2/3rd Majority: The process of amending the Constitution is given in the Article 368. The article or subjects which are not given in this article can be amended by the Parliament alone with a special majority. The bill for such an amendment may be introduced in any one of the two Houses. If both the Houses pass it with absolute majority and 2/3rd majority of the members present and voting, it will be sent to the President. The Constitution will stand amendment on that point when that bill is signed by the President.

3. Amendment by the Special Majority of Parliament and Ratification by State Legislature: If an amendment is concerned with the article and the subjects given in the Article 368, it must be approved by 50% of the states after being passed by both the Houses with an absolute majority and 2/3rd majority of the members present and voting. The amendment will come into force after being signed by the President. The subjects given in Article 368 are as follows:
(a) Election of the President,
(b) The manner and election of the President,
(c) Extent of executive power of the Union,
(d) Extent of executive power of the States,
(e) High Courts for Union Territories,
(f) Union Judiciary,
(g) The High Courts in the states,
(h) Legislative relations between the Centre and States, 
(i) List of VII Schedule, 
(j) The representation of States in Parliament, and
(k) Article 368 itself.
It is quite clear that the most important provisions of the Constitution cannot be amended by the Parliament itself, rather the consent of half the states is required.  Blend of Flexibility and Rigidity: The Indian Constitution is a blend of flexibility and rigidity. It is neither flexible like the British Constitution nor rigid like the American. The British Constitution is very flexible whereas the American Constitution is very rigid. But, our Constitution is changeable according to the needs of the time. Till today, 99 amendments have been made in the Constitution.

Criticism: 
The method of amending the Constitution suffers from certain defects also. The method of amendment is criticised on the following grounds:
1. States have no Initiative for Constitutional Amendment: The power of initiating an amendment lies only with the Parliament. The States have not been given any such power of initiating amendment. Besides, the approval of the States is not essential for all the amendments.

2. No Time Limit Fixed for Ratification by the States: The procedure suffers from another defect that no time limit is fixed in the Constitution for the approval of the States. They may take as much time as they like. There is no constitutional limitation on their power of delay.

3. Disagreement of the two Houses of the Parliament over a Constitutional Amendment:
There is no method of resolving the differences between the two Houses regarding a bill concerning the constitutional amendment. But, this criticism is baseless because a bill concerning an amendment of the Constitution will be considered an Ordinary Bill, the procedure of which is clearly given in the Constitution. A joint sitting of both the Houses will be called to resolve the differences regarding the bill.

4. Assent of the President over Constitutional Amendments: Nothing about the veto power of the President is given in the procedure of amendment. It is also not mentioned in the Constitution that an amendment which is approved by the States requires the assent of the President or not.

5. Some Notable Provisions: There are certain provisions in the Constitution which can be changed even without introducing the amendment bill in the Constitution. Article 253 is of this nature. The Parliament can make laws in order to enforce any treaty or agreements made with a foreign country.

6. Constitutional Protection: According to Dr. Jennings, “It is quite obvious that there are clauses which don’t need to be constitutionally protected. An example taken at random is Article 22, which empowers a retired Judge to sit in a High Court. If the provision is of such constitutional importance that it needs to be constitutionally protected and be incapable of amendment except with the approval of 2/3rd of the members of each House, sitting and voting in the Union Parliament.” Features or Nature of Fundamental Rights

Question 9. 
Discuss the nature of Fundamental Rights as mentioned in our Constitution.
Or
Explain the main features of the Fundamental Rights of the Indian Citizens.
Answer: 
Part III (Articles 12 to 35) of the Indian Constitution contains the list of Fundamental Rights. The Courts have been entrusted with the responsibility to enforce them when and where they have been violated. They are, thus, the props of the Indian democracy. Nature of the Fundamental Rights: The following are the salient features of the Fundamental Rights contained in the Indian Constitution.

(i) Integral part of the Constitution: Fundamental Rights are the integral part of the Constitution. These Fundamental Rights cannot be altered or taken away by an ordinary Constitution.

(ii) Detailed and comprehensive: The Indian Constitution has the most elaborate declaration of Fundamental Rights. Articles 12 to 35 deal with the Fundamental Rights. These 24 Articles are further divided into eight sections each of which is described in an elaborate manner.

(iii) All citizens are equally entitled to the Fundamental Rights: The Constitution unequivocally declares that rights contained in Part III of the Constitution are to be enjoyed by all the citizens of India. These rights are not meant for any particular caste, class, religion or the residents of a province. There can be no discrimination.

(iv) Fundamental Rights are not absolute:
Another significant feature of these rights is that they are not absolute. The Constitution of India imposes direct restrictions on these rights. It also empowers the government to impose reasonable restrictions on the enjoyment of these rights. Thus, the Constitution empowers the government to put reasonable restrictions on the Fundamental Rights in the interest of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, decency or morality.

(v) Fundamental Rights place certain limitations on the State also:
The theory of Fundamental Rights implies limited government. Accordingly, Fundamental Rights impose restrictions on the State as well. For example, the State cannot discriminate against citizens on grounds of caste, class, race, sex, religion, place of birth, place of residence, etc. Similarly, citizens cannot be deprived of the Right to equality before law. Again there is the Right to equality of opportunity in public employment to all the citizens.

(vi) Fundamental Rights can be suspended: Another significant feature about the Fundamental Rights is that they can be restricted or suspended as the circumstances demand.

(vii) Fundamental Rights are justiciable: The Judiciary has been vested with the responsibility to act as the guardian of these rights. The right to move the Supreme Court for the enforcement of Fundamental Rights is itself a guaranteed right as provided for in Article 32 of the Constitution. Thus, whenever the State (as defined in Part III of the Constitution) or any other authority encroaches upon the rights of a person, the latter can move the Supreme Court and the High Courts for the enforcement of his rights. The Supreme Court and the High Courts are empowered to issue “Directions or order or writs whichever may be appropriate” for the enforcement of the rights. The Judiciary is, thus, the protector and the guarantor of Fundamental Rights.

(viii) No Natural and Unenumerated Rights in the Indian Constitution: The Indian Bill of Rights is not based on the theory of natural rights. The theory of natural rights insists that there are certain rights of man which he possessed even before the State itself came into existence. The Constitution of India does not recognise such a proposition. Our Fundamental Rights have been specified in Part III of the Constitution. Any right which has not been enumerated in Part III is not a Fundamental Right.

(ix) They can be amended: Fundamental Rights can be amended by the procedure given in Article 368. According to this Article, only the Parliament is competent to amend the provisions of the Fundamental Rights with two-third majority of the total membership of the Parliament.

(x) Special Constitutional provision for the enforcement of Fundamental Rights: Another important feature of Fundamental Rights in India is that there is a special Constitutional provision for their enforcement. The right to move the Supreme Court for the enforcement of Fundamental Rights is provided in Article 32 of the Constitution. Fundamental Rights given in the Constitution

Question 10. 
Explain briefly the scheme of ‘Fundamental Rights’ as contained in the Indian Constitution. (Imp.)
Or
Write an essay on ‘Fundamental Rights’ as incorporated in our Constitution.
Answer: 
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 and separate part (Part and classifies them under six categories. The six Fundamental Rights are as follows

(i) Right to Equality (Articles 14-18):
The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. Right to equality does not mean absolute equality. Nor does it imply that all should be entitled to identity of treatment and income. The positive concept of equality is that special privileges of all kinds should be abolished. There should be no difference between two individuals on the grounds of birth, wealth, caste, class, creed, religion, language, gender, etc. Right to equality is the cornerstone of democracy.

(ii) Right to Freedom (Articles 19-22):
Articles 19 to 22 of the Constitution guarantee the citizens the Right to Freedom. Article 19 guarantees six freedoms viz. 

1. Right to Freedom of Speech and Expression; 
2. Right to Assemble Peacefully and without Arms; 
3. Right to form Associations; 
4. Right to move freely throughout the territory of India; 
5. Right to reside and settle in any part of the territory of India; 
6. Right to practice any profession. Articles 20 to 22 guarantee personal liberty including 21(A) Right of Children to Free and Compulsory Education (RTE) Act, 2009.

(iii) Right against Exploitation (Articles 23-24):
The Constitution of India recognises the dignity of the individual and protects him against any form of exploitation either by the State or by the privileged classes in the society. Article 23 provides that traffic in human beings and begar (forced labour) and similar other forms of forced labour are prohibited. Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous (dangerous) employment.

(iv) Right to Freedom of Religion (Articles 25-28):
Articles 25 to 28 deal with the Right to freedom of religion. Right to freedom of religion has been guaranteed to all persons residing in India. Article 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practice and propagate any religion of their choice. Article 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds.

(v) Cultural and Educational Rights (Articles 29-30):
Under Articles 29 and 30, the Constitution guarantees certain cultural and educational rights. No citizen shall be denied admission into any educational institution maintained by the State receiving aid out of State funds on grounds of religion, race, caste, sex, language or any one of them. Article 29 protects the interests of the minorities in India. Article 30 provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(vi) Right to Constitutional Remedies (Article 32):
Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution. Under Article 226, the High Courts have also been empowered to issue orders, directions and writs for the enforcement of Fundamental Rights. The judiciary can set aside laws and executive orders if they are violating the Fundamental Rights. Importance of the Fundamental Rights

Question 11. 
Explain the importance of the Funda-mental Rights.
Answer: 
There is a great importance of the Fundamental Rights given in the Indian Constitution. The importance of the Fundamental Rights may be summed up as under:
1. Create conditions for better life:
The Fundamental Rights provide conditions for a better life of the individual. It is wrong to think that the restrictions put on Fundamental Rights have made them meaningless or valueless. These restrictions ensure a climate wherein all can develop their personality according to their genius. The Fundamental Rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make life worth living.

2. Check on the arbitrariness of the Government: The Fundamental Rights safeguard the individuals against any excesses of the State authority. They ensure the liberty of individual by putting restrictions on the arbitrariness of the Government. The jurisdiction of executive and legislature has been clearly laid down in the Constitution. The judiciary has been vested with the responsibility to act as the protector and the guardian of the rights of the people. While deciding the famous Golak Nath Case, the Supreme Court observed that these rights are immutable and transcendental in characters. They 
cannot be abridged or abrogated. Dr. Ambedkar said that the Fundamental Rights are the ‘heart and soul of Constitution’.

3. Create conditions for the development of the personality of the individual: The Fundamental Rights motivate the individuals to develop their potential to the fullest extent. The Fundamental Rights ensure the welfare and enrichment of the individual personality.

4. Protect the interests of the minorities: The Fundamental Rights protect the interests of the minorities. The Fundamental Rights protect the language, script, cultural and educational institutions of the minorities. Minorities have the right to establish and administer educational institutions of their choice.

5. Establishment of Secular State: The Constitution of India has made India a secular state. Right to Freedom of Religion ensures the positive aspect of secularism as it gives to the people the right to freely adopt and propagate any religion.

6. Establishment of Social Democracy: The Fundamental Rights have ensured the establishment of social democracy. Articles 15 and 16 prohibit discrimination on the grounds of religion, race, caste, sex or place of birth.

Question 12. 
Why was the Right to property removed from Fundamental Rights?
Answer: 
Originally, the Fundamental Rights included seven categories of rights. But, the 44th Amendment Act deleted Right to property from Part III of the Constitution entitled Fundamental Right and 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”. The Right to property is deleted from the chapter of Fundamental Right because the right to property was an illusory right. 

It has been whittled down by various Constitutional amendments. It hardly appears to be a justiciable right now. In the Golak Nath Case judgement, the former Chief Justice Hidayatullah observed that the Right to property was the weakest among the Fundamental Rights guaranteed in the Indian Constitution. It should have been placed in a different chapter.

The 25th Amendment of the Constitution made the Right to property a sheer joke. The word ‘compensation’ was substituted by the word ‘amount’. How much amount shall be given and in which form shall it be given, shall be determined by the legislature. No such law shall be called in question in any Court on the ground that the amount so fixed or determined is not adequate or than the whole or any part of such amount is to be given otherwise that in cash.

Speaking on the amending bill, the Swatantrata leader Mr. Piloo Mody observed that the bill is an attempt to transform the present Constitution into a totalitarian one. The nominated member, Mr. Frank Anthony, charged the Government with subverting the Fundamental Rights Chapter-“The Heart of the Constitution”. By 44th Amendment Act, Right to property is deleted from the Fundamental Rights chapter.

Question 13. 
How have the interpretations by the courts influenced the Fundamental Rights?
Answer: 
The rights of the people proclaimed in the Indian Constitution are not mere paper declarations. The Constitution provides for a machinery to guarantee and enforce these rights in actual practice. The judiciary has been vested with the responsibility to act as the guardian of these rights. The Right to move the Supreme Court for the enforcement of the Fundamental Rights is itself a guaranteed right as provided for in Art. 32 of the Constitution. Thus, whenever the State (as defined in Part III of the Constitution) or any other authority encroaches upon the rights of a person, the latter can move the Supreme Court and the High Courts for the enforcement of his rights. 

The Supreme Court and the High Courts are empowered to issue “Directions or orders or writs whichever may be appropriate” for the enforcement of his rights. The judiciary is, thus, the protector and the guarantor of the Fundamental Rights. Moreover, the Constitution of India has placed the responsibility of interpreting the Constitution on the Court. The Supreme Court is the final interpreter of the Constitution. The interpretations of the provisions of the Constitution by the Courts have influenced Fundamental Rights.

1. The freedom of speech and expression has been granted to all citizens. But, there in no mention of freedom of press in Article 19. It is the Supreme Court which has decided in many cases that the freedom of speech and expression includes the freedom of the press.

2. In 1950, the Parliament passed the Preventive Detention Act. The provision of Preventive Detention was a necessary evil. Extraordinary maladies demand extraordinary remedies. In Gopalan vs the State of Madras Case, Justice M. Patanjali Sastri of the Supreme Court observed, “This sinister looking feature so strangely out of place in a democratic Constitution which invests personal liberty with the sacrosanctity of a Fundamental Right and so incompatible with the promises of the Preamble is doubtless designed to prevent an abuse of freedom by anti-social and subversive elements which might endanger the national welfare of the infant republic.

” Still, it cannot be denied that it is a double-edged weapon. It can be used to protect the individual’s liberty; it can also be used to destroy the individual’s liberty. It is hoped that the Government will resort to this extreme measure very sparingly. “It is the hope of all democrats and constitutional lawyers that Parliament may, in the near future, remove the relevant provisions pertaining to detention without trial.” In the words of Pylee, it is undoubtedly “An unseemly blot on the fair face of democracy in India.”

3. In the case of Gopalan vs State of Madras, the Supreme Court observed that if a person is free, it is then only that he can exercise a variety of other auxiliary rights, that is to say, he can with certain limits “speak what he thinks, assemble where he likes, form any association or unions”.

4. The right to freedom of speech and expression was interpreted by the Supreme Court in Romesh Thappar vs the State of Madras. It held that even incitement to individual murder of promoting disaffection among classes could not be restricted under the permissive limits set in the Articles. This necessitated the imposition of restrictions which were laid through the First amendment to the Constitution. After this amendment, this freedom has been subjected to reasonable restrictions which the State may impose in the interest of 

• the security of State, 
• the maintenance of friendly relations with foreign States, 
• public order, 
• decency or morality or in relations to, 
• contempt of Court
• defamation or
• incitement of offence.

5. In the case of Ram Singh vs Delhi State, the Supreme Court observed: “In every case it is the rights which are fundamental not the limitations. It is the privilege of the Supreme Court to see that rights which are intended to be fundamental are kept fundamental and to see that neither Parliament nor Executive exceed the bounds within which they are confined by the Constitution”. In order to keep the executive and legislature within bounds, the Supreme Court held in the case of Golak Nath that Parliament had no power to amend the Constitution so as to abridge or abrogate a Fundamental Right laid down in Part III of the Constitution. 

The Supreme Court judgement in Golak Nath’s case had very far reaching and disturbing implications. In the first place, it had the effect of making Fundamental Rights not only fundamental but immutable. Secondly, the court’s ruling had the effect not only of denigrating the authority of Parliament but of conferring on the Supreme Court a power into contemplated in the Constitution. By debarring Parliament from the exercise of a power given to it in Art. 368, the Supreme Court had in effect, sought to amend the Constitution. Justice Bachawat  observed that such a naked power of amending the Constitution is not given to the judges. 

“The ruling” writes Seervai, “places a judicial Veto over any legal amendment of Part III and denies to a sovereign people acting through its freely elected representatives in Parliament the power to implement policies demanded by and in the interest of the people, should they require the abridgement of Part III”. The 24th Amendment Act restored Parliament the power to amend any part of the Constitution including Fundamental Rights. The power, thus, restored to the Parliament was promptly used to enact 25th Amendment which puts certain restrictions on the Right to property.

But, the 24th Amendment was challenged before the Supreme Court in the Kesvananda Bharati Case. The Supreme Court decided the Case on 24 April 1973 and in its decision, upheld the Constitutionality of the amendment. It held that the Parliament had the power to amend all provisions of the Constitutions, including those relating to Fundamental Rights but had no power to change the basic structure of the Constitution. Thus, the Supreme Court imposed a new restriction on the Parliament’s Constitutional amending power, i.e., basic structure of the Constitution. But what this basic structure was not clearly defined by the Supreme Court. 

The verdict given by the Supreme Court in the Minerva Mills Case (1980) has again curtailed the power of the Parliament to amend the Constitution. The Supreme Court has struck down Section 4 and 55 of the 42nd Amendment on the ground that they are beyond the amending power of the Parliament. These sections amended Art. 31 (c) and also inserted Clauses 4 and 5 in Art. 368 of the Constitution. While giving reasons for invalidating these sections, the Supreme Court ruled that the Fundamental Rights enjoy primacy over the Directive Principles of State Policy.
Main Directive Principles

Question 14. 
Discuss the main Directive Principles of State Policy. 
Or 
Directive Principles of State Policy deal with a wide range of subjects. In this context, state the following Principles:
(a) Socialistic and Economic Principles
(b) Liberal Principles
(c) Gandhian Principles
(d) International Principles.
Answer: 
The Directive Principles of State Policy can be classified into four categories:
(a) Socialistic and Economic Principles
(b) Liberal Principles
(c) Gandhian Principles
(d) International Principles
(а) Socialistic and Economic Principles:

In this category, those principles are included which aim at making India a socialist State.
(1) Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-social, economic and political, shall include all the institutions of the national life.

(2) The State shall, in particular, strive to minimise the inequalities in status, facilities and opportunities.

(3) The State shall, in particular, direct its policy towards securing:

• That the citizens, men and women equally have the right to an adequate means of livelihood
• that there is equal pay for equal work for both men and women
• That the ownership and control of the material resources of the community are so distributed as to subserve the common good
• That the operation of the economic system does not result in the concentration of wealth and means of production to the common determent
• That the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced to enter vocations unsuitable to their age
• That the childhood and youth are protected against exploitation and moral and material abandonment

(4) Articles 41 and 42 provide that the State shall make effective provisions for securing the Right to work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.

(5) Article 43 provides that the State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities.

(b) Liberal Principles. In this category, those principles are included which are of general and liberal character. These include:

• A uniform civil code throughout the territory of India
• To bring about the separation of judiciary from the executive
• To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years
• To raise the level of nutrition and standard of living of the people and the improvement of the public health
• The state shall protect every monument or place or object of artistic or historic interest of national importance

(c) Gandhian Principles. Some of the Directive Principles are in accordance with the Gandhian way of life. They are:

1. The State shall organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
2. The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
3. The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them from social injustice and any form of exploitation.
4. The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
5. The State shall take steps to organise agriculture and animal husbandry on modern and scientific lines.
6. The State shall take steps for preserving and improving the needs and for prohibition and protection from slaughter of cows and other milch cattle.

(d) Principles Relating to International Peace and Security. Article 51 raises the obligations of the state to a still higher level from the national to the international level.

• The State shall endeavour to promote international peace and security.
• The State will maintain just and honourable relations between nations.
• The State will foster respect for international law and treaty obligations.
• The State will encourage settlement of international disputes by arbitration.

Difference between Fundamental rights and Directive principles

Question 15. 
Distinguish between Fundamental Rights and Directive Principles of State Policy. 
Answer: 
The Indian Bill of Rights has been included in Part III of the Constitution. It lays down the foundation of political democracy in the country. But, political democracy is hollow if it is not accompanied by economic democracy. Surplus and starvation cannot go together. Part IV of the Constitution deals with the Directive Principles. The aim of the Directive Principles is the establishment of Welfare State opposed to the Police State. By passing the Karachi Resolution in 1931, the Congress party had committed itself to a programme of social and economic changes on the advent of independence. Hence, the incorporation of the Principles in Part IV of the Constitution. Difference between Directive Principles and Fundamental Rights: The two differ in their nature and extent. This can be described as follows: 

1. Fundamental Rights are justiciable, Directive Principles are not. Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. In other words, the state cannot be sued in any Court of law in case they are ‘violated’ or not implemented. The Rights to constitutional remedies, as enshrined in Art. 32 of the Constitution, covers Part III and not Part IV of the Constitution.

They, thus, lack legal force. They confer no legal rights and create no legal remedies. The Fundamental Rights on the other hand, are enforceable by the Courts and are cognizable. The judiciary has been empowered to issue orders, directions and writs for the enforcement of the Fundamental Rights. But, no such legal status has been conferred on the Directive Principles. The Constitution clearly lays down that the Directive Principles “shall not be enforceable by any Court”.

2. Fundamental Rights are mandatory, while Directive Principles are optional. It is mandatory for the government to enforce Fundamental Rights. But, Directive Principles are just like optional directive principles. It is for this reason that Prof. K.T. Shah depreciated the Directive Principles as ‘pious wishes’ and mere window dressing for the social revolution of the country.

3. Fundamental Rights are negative to prohibit the Government from doing certain things, Directive Principles are affirmative instructions to the Government to do certain things. The Directive Principles are of the nature of general directions to the State to frame its policy in accordance with the spirit of these principles. The principles contain certain ideas and ideals which the new nation has put before it. The Fundamental Rights are of the nature of‘don’ts’.

They are intended to curb the arbitrariness of the Government. For example, the Constitution prohibits the State to discriminate one citizen against the other on the ground of caste, class, sex, creed, language, religion, etc. Similarly, the State cannot deprive any person of his property save by the authority of law. The directives on the other hand, are intended to serve as a chart for the Governments to follow. The state shall strive for realisation of these principles. The principles are thus, recommendatory and not mandatory.

4. Fundamental Rights concern the Individual, while Directive Principles concern the Society.
Fundamental Rights are concerned with the individual whereas Directive Principles concern the entire society in which the individual is a component.

5. Difference in Aim. The aim of Fundamental Rights is political democracy but that of Directive Principles is economic democracy.

6. Fundamental Rights have already been attained but Directive Principles are not yet fully enforced.

7. In case of conflict, which of the two will get importance? Before the passing of the 25th Amendment, Directive Principles were subsidiary to Fundamental Rights. In case of conflict between the two, the Courts had to uphold the Fundamental Rights. No doubt, the Constitution enjoins upon the State to make its laws in accordance with the Principles. But while doing so, the State cannot harm the provision contained in Part III of the Constitution. But, the 25th Amendment Act changed the relations between Directive Principles and Fundamental Rights. By 25th Amendment, Article 39 
(b) and 39 
(c) were given preference to Fundamental Rights contained in Articles 14, 19 and 31.

Question 16. 
What are the main Fundamental Duties of the citizens of India as enshrined in the constitution?
Answer: 
Following are the fundamental duties of the citizen of India as enshrined in the constitution:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem: Our Constitution, the National Flag and the National Anthem are the recognition of our nation. The Constitution is the supreme law of the land; The National Flag and the National Anthem are symbols of National sovereignty and unity. Collectively, these represent the freedom and integrity of our nation. Thus, it is the duty of every Indian citizen to respect the National ideals and institutions. To respect and abide by the constitution is the most important fundamental duty of every citizen.

2. To cherish and follow the noble ideals which inspired our national struggle for freedom. The history of the struggle for India’s independence is long. It represents the ideals that our freedom fighters and our leaders followed and showed to the Indians for attaining freedom from the clutches of British Colonialism. We were guided by the lofty ideals of liberty, equality, unity, justice, co-operation, fraternity, brotherhood, non-violence and faith in constitutional methods. But, the Indians seem to have forgotten these noble ideals. So, it has now been provided in the constitution that it is the fundamental duty of every Indian citizen to cherish and follow the noble ideals which inspired our national struggle for freedom.

3. To uphold and protect the sovereignty, unity and integrity of India: There has been a constant threat to the sovereignty, unity and integrity of India. Some external and internal factors want to destroy these qualities of Indian state. So in such times, it becomes the duty of every Indian citizen to uphold and protect the sovereignty, unity and integrity of India.

4. To defend the country and render National service when called upon to do so: As a citizen of India, we enjoy a number of facilities and privileges. The state protects and enforces the rights and freedom of the people. Consequently, it becomes the supreme duty of the Indians to defend the country and render National services when called upon to do so because “Who lives if India dies and who dies if India lives”.

5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practice derogatory to the dignity of women

6. To value and preserve the rich heritage of our composite culture: India has a very rich culture heritage. But, it is very unfortunate that we are ignoring this and are drawing towards the western culture. So to make the coming generations of India aware of their nation’s past glory and culture, the Constitution provides that it is the duty of every citizen of India to value and preserve the rich heritage of our composite culture.

7. To protect and improve natural environment including forests, lakes, rivers and wild life, and to have compassion for living Creatures: This duty has been incorporated in the Constitution to protect the natural resources and the natural environment from exploitation. It is also the duty of the Indian citizens to protect the wild life of India and to have compassion for living creatures. 

8. To develop a scientific temper, Humanism and the spirit of Inquiry and Reform: To remove the evil practices, superstitions and social evils, it is essential that people should develop a scientific temper and the spirit of inquiry and reform. They
must develop a rational attitude and love for knowledge and education.

9. To safeguard public property and to abjure violence. Railways, buses, airports, airlines, post offices, banks, schools, colleges, hospitals etc. are all public properties. So, the Constitution lays down that it is the duty of every Indian citizen to protect the public property. The Constitution also lays down that it is the duty of every citizen of India not to take recourse of violent means and remain aloof of anti-social activities. They should abjure violence.

10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements. No nation can progress if its citizens are not progressive and dedicated to work. So to ensure the progress of India, the constitution makes it a fundamental duty of the Indians to work for attaining all around excellence.

11. Who is Parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six to fourteen years

Question 17. 
Study the passage given below carefully and answer the questions that follow:
From the nationalist movement, for decades preceding the promulgation of the Constitution, the nationalist movement had debated many questions that were relevant to the making of the constitution-the shape and form of the government of India should have, the values it should uphold, the inequalities it should overcome. Answers forged in those debates were given their final form in the Constitution.

Perhaps the best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution (the resolution that defined the aims of the Assembly) moved by Nehru in 1946. This resolution encapsulated the aspirations and values behind the Constitution. What the previous section terms as substantive provisions of the Constitution is inspired by and summed up by the values incorporated in the Objectives Resolution.

1. When was the Indian Constitution implemented?
2. Who placed the Objectives Resolution in the Constituent Assembly?
3. When was the Objectives Resolution placed in the Constituent Assembly?

Answer: 

1. The Indian Constitution was implemented on 26 January 1950.
2. Pt. Jawahar Lai Nehru
3. On 13 December 1946

 Question 18. 
Study the passage given below carefully and answer the questions that follow:
Answer: 
Right to Constitutional Remedies is the means through which the rights and liberty of the citizen will be secured. Dr. Ambedkar considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of the rights. The courts can issue various special orders known as writs.

1. What is Right to Constitutional Remedies?
2. Who said that the Constitutional Remedies is the heart and spirit of the Constitution?
3. How many writs can be issued by courts?

Answer: 

1. The Right to Constitutional Remedies is the means through which the rights and liberty of the citizens will be secured.
2. Dr. B.R. Ambedkar
3. Courts can issue five types of writs.

Question 19. 
Study the picture given below and answer the following questions:

1. What problem is faced by the constitution makers?
2. Mention the name of the important person shown in picture.

Answer: 

1. The Constitution makers have to address themselves to very different aspirations.
2. Pt. Jawahar Lai Nehru 

Question 20. 
Read the following passage carefully and answer the questions that follow:
From the nationalist movement. For decades preceding the promulgation of the Constitution, the nationalist movement had debated many questions that were relevant to the making of the constitution-the shape and form of government India should have the values it should uphold, the inequalities it should overcome.

Answers forged in those debates were given their final form in the Constitution.Perhaps the best summary of the principles that the nationalist movement brought to the Constitution Assembly in the Objectives Resolution (the resolution that defined the aims of the Assembly) moved by Nehru in 1946. This resolution encapsulated the aspirations and values behind the Constitution. What the previous section terms as substantive provisions of the constitution is inspired by and summed up by the values incorporated in the Objectives Resolution.

20.1. On which issues Nationalist movement had debated?
(a) The shape and form of government India should have
(b) The values it should uphold
(c) The inequalities it should overcome
(d) All of the above 
Answer: 
(d) All of the above 

20.2. Who place objective Resolution in Constituent Assembly
(a) Pt. Nehru 
(b) Sardar Patel
(c) Mahatma Gandhi 
(d) Dr. B.R. Ambedkar
Answer:
(a) Pt. Nehru 

20.3. When objective Resolution place in Constituent Assembly?
(a) 1944 
(b) 1945
(c) 1946 
(d) 1947
Answer: 
(c) 1946 

20.4. What is the aims of Resolution?
(a) Defined the aims of the Assembly
(b) Defined the aim of the Democracy
(c) Defined the aim of the Liberty
(d) None of these 
Answer: 
(a) Defined the aims of the Assembly

HOTS QUESTIONS

Question 1. 
Explain the meaning of Constitution.
Answer: 
Each state has a Constitution of its own. The Constitution is a collection of those rules and regulations according to which the administration of the State is run. The administration of each state is run in accordance with certain rules and regulations. It is the fundamental law reflecting the will of the people. It determines powers and responsibilities of the State. It is in accordance with the Constitution that the State makes laws, executes them and punishes their breachers.

Question 2. 
Why was the Indian Constitution enforced on 26 January 1950?
Answer: 
On 31 December 1929, the Congress passed a resolution of Complete Independence at Lahore session and decided to celebrate every 26 January as Independence Day. That is why, our Constitution which was adopted by the Constituent Assembly on 26 November 1949 came into effect on 26 January 1950.

Question 3.
Explain the term Fraternity.
Answer: 
The dictionary meaning of the term ‘Fraternity’ is ‘brotherhood’. Without fraternity, liberty and equality are meaningless. It was the main slogan of the French Revolution. The Preamble of the Indian Constitution lays special stress upon the promotion of the fellow-feeling among the people of India. Unless the people become a community of interests, the cohesion into one nation is not possible.

Question 4. 
‘India is a Democratic State’. Discuss.
Answer:
India is a Democratic State suggests that the means Indian polity is based on democratic principles. The people elect their representatives who use the sovereign authority on behalf of the people. The government is of the people and for the people. The representations are elected periodically by the people.

Question 5. 
Are Constitutions static? Give arguments in favour of your answer.
Answer: 
Constitutions are not static. Constitutions change with the change in time and circumstances. Sometimes, nations re-write the whole Constitutions. The U.S.S.R. had four Constitutions in its life of 74 years. France had numerous Constitutions in the last two centuries.

Question 6. 
Define the Right to life.
Answer: 
Each State grants its citizens the Right to Life. The Right to Life means right to live peacefully without any fear and danger. The state protects the life of the individual. The Individual is given the right to self-defence. An individual cannot be allowed to commit suicide but the state can award death sentence to an individual.

Question 7. 
Explain the Rights of Speech and Freedom of Expression.
Answer: 
The Indian Constitution grants the freedom of speech and expression and provides for free exchange of ideas, discussion and their views. Freedom of speech and expression also includes publication and the freedom of press. But, the State can put restrictions on the use of this right on certain grounds. 
 

SELF-EVALUATION TEST 

1. 1. Under whose recommendations was the Constituent Assembly set up? 
2. 2. When were the elections to the Constituent Assembly held? 
3. 3. Are Directive Principles of State Policy justiciable? 
4. 4. According to the Cabinet Mission Plan, the Constituent Assembly was to consist of: 
   • 285 members 
   • 382 members
   • 389 members
   • 490 members
5. 5. Who moved the Objectives Resolution in the Constituent Assembly? 
6. 6. Mention some basic features of Political Philosophy of the Indian Constitution. 
7. 7. What is the nature of the State according to the Preamble? 
8. 8. Name any two duties of the Indian citizen. 
9. 9. Write a short note on the Constituent Assembly of India. 
10. 10. Mention four sources of the Indian Constitution. 
11. 11. Why do we need a Constitution? 
12. 12. Why is the Indian Constitution bulky? 
13. 13. Study the picture given below and answer the following questions:
    
    • What problem is faced by the Constitution makers? 
    • Mention the name of the important person shown in the picture.
14. Explain the ‘Objectives Resolution’ of 1946. 
15. Explain briefly the Political Philosophy of the Indian Constitution. 
16. Write an essay on ‘Fundamental Rights’ as incorporated in our Constitution.