RIGHTS IN THE INDIAN

CONSTITUTION

Very Short Q & A

“Under normal circumstances all the Fundamental Rights are

justiciable”. Comment

Under normal circumstances all the Fundamental Rights are

justiciable, which means a citizen can get the rights enforced

through the courts. The Fundamental Rights can be suspended

during the promulgation of a national emergency, when Art. 19

would stand automatically suspended and other rights (except for

the right to life under Art. 21) can also be suspended by the

President under Art. 359.

Write a short note on the importance of Fundamental Rights.

 The Fundamental Rights are –

 Instrumental in establishing the rule of law.

 Prevent government from becoming despotic.

 Provide necessary conditions for the development of

individual.
  Promote social equality and secularism.

 Provide protection to the weaker sections of society.

 Safeguard the interest of the minorities.

 The pillars of democracy.

Which part of the Indian Constitution deals with the '' Directive

Principles of State Policy ''?

Part IV of the Indian Constitution deals with the '' Directive

Principles of State Policy ''.

Who was the chairman of the drafting committee of the

Constituent Assembly?

Dr. B.R. Ambedkar was the chairman of the drafting committee of

the Constituent Assembly.

Name the fundamental right that prohibits "Begar" and forced

labour.

Right against Exploitation (Article 23) deals with the prohibition of

forced labour and begar. In the past, services of backward

communities and weaker sections of society were used without

payment of any kind. It was known as the practice of begar.

Landless peasants were made to work without remuneration for

landlords. Our constitution had abolished all such forms of

exploitation.

Define Mandamus and Habeas Corpus.

Mandamus literally implies ‘we command’. If a public official fails

to perform his duties or misuses his authority and curtails the rights

of a citizen, the court may issue the writ of mandamus to direct the

concerned official to perform his duties. Habeas corpus implies 'you

may have the body'. By this writ the Court orders that the person

who has been detained be produced before it to know the reason for

his detention and to set him free if there is no legal justification for

such detention.

State any two importance Fundamental Rights.

The Fundamental Rights of the Indian Constitution are included in

the part III of the Indian Constitution. They are important due to the

following reasons:

 Check on the arbitrary action of the Union and the State

government as well as of local bodies. They cannot be altered

or taken away by ordinary legislation.

 Necessary for the stability of peace and order. Inculcates self-

confidence to citizens providing them equality of status and

opportunity.
Write a short note on the 'Right against Exploitation'.

The '' Right against Exploitation'' is guaranteed in the Indian

Constitution under article 23 and 24. As per Article 23, traffic in

human beings and all forms of forced labour are prohibited and

these offences shall be punishable in accordance with law. However,

the state can impose compulsory services for public purpose. Article

24 states that no child below the age of 14 years will be employed in

any hazardous work.

What are Fundamental Rights?

Fundamental Rights are those basic conditions of social life which

are essential for an individual for his all-round development. These

rights are basic to the principles of democracy. They constitute a

number of freedoms which enables citizens to develop their talents

by giving them opportunities for self-development. The

Constitution of India provides a number of provisions dealing with

fundamental rights. These provisions are set out in Article 12 to 35

in Part III of the Constitution.

Mention any four fundamental duties enshrined in the Indian

constitution.
The fundamental duties enshrined in the Indian constitution are as

follows:

1. To abide by the Constitution and respect its ideals and

institutions, the National Flag and the National Anthem.

2. To uphold and protect the sovereignty, unity and integrity of

India.

3. To value and preserve the rich heritage of our composite

culture

4. To develop the scientific temper, humanism and the spirit of

enquiry and reform.

 Short Q & A

“Our Constitution believes that diversity is our strength”.

Comment

'' Our Constitution believes that diversity is our strength''. In order

to maintain unity in diversity, special provisions have been

included in the Fundamental Rights to safeguard the rights of the

minorities, e.g. Cultural and Educational Rights.

Article 29

 Any section of citizens of India having a distinct language,

script or culture shall have the right to conserve the same.

 No citizen shall be denied admission into any educational

institution maintained by the state or receiving aid out of state

funds on grounds of religion, race, caste, language or any of

them.

Article 30

 All minorities based on language or religion shall have right

to establish and administer educational institution of their

choice.
  The state while making compulsory acquisition of property of

minority educational institution, shall ensure that the amount

given to such institution does not abrogate the above right

 The state shall not discriminate against minority institutions,

while granting aid to educational institutions.

Which provisions of the Indian Constitution deals with the 'Right

to Freedom'.

Article 19 to 22 of Indian constitution deals with the'' Right to

Freedom '', through which Indian citizens are granted freedom to

 Speech and expression.

 Assemble peacefully.

 Form association.

 Move freely throughout the territory of India.

 Reside and settle in any part of India.

 Practice any profession or to carry on any occupation, trade or

business.

 Article 20 - Protection in respect of conviction of offences.

 Article 21 - Protection of life and personal liberty.

 Article 22 - Protection against arrest and detention in certain

cases.
The essence of democracy is found in which part of the Indian

Constitution.

The essence of democracy is found in parts III and IV of the Indian

Constitution, which laid down the '' Fundamental Rights'' and ''

Directive Principles of State Policy''. The rights contain the well-

known negative rights of European and American origin. The

Directive Principles of State Policy were to be '' fundamental in the

governance of the country''. They contain a mixture of social

revolutionary perspective. Although not justiciable but are the

yardsticks for the measurement of government success and failure

in social policy.

Write a short note on the right to equality.

Right to Equality (Article 14-18) is one of the important

Fundamental Rights of the Indian constitution. Let’s find out the

details of these articles.

Article 14

 Equality before law.

 Equal protection of law.

Article 15
  Prohibition on discrimination on ground of religion, caste,

race, gender or birth.

 Equal access to shops, public restaurants, bathing ghats etc.

Article 16 - Equality of opportunity for all citizens of India in

matters related to employment.

Article 17 - The untouchability has been abolished and any practice

of it will be an offence punishable in accordance with law.

Article 18 - The state shall not confer any title except military and

academic distinctions. No citizen of India will accept any title from

any foreign state.

So ‘right to equality’ includes every aspect of human life which can

be affected by the society. It contains a theme of an egalitarian

society, in which all men are equal as per law and have equal

opportunities to develop their personality and potential.

 Long Q & A

Which part of the Indian Constitution is referred as “Conscience

of the Constitution”?

Granville Austin had clubbed the Fundamental Rights and the

Directive Principles of State Policy and has described this unique

combination as the'' Conscience of the Constitution ''. To him, '' The

Indian Constitution is first and foremost a social document. The

majority of its provisions are either directly aimed at furthering the

goals of the social revolution or attempt to foster this revolution by

establishing the conditions necessary for its achievement. Yet

despite the permeation of the entire constitution by the aim of

national renaissance, the core of the commitment to the social

revolution lies in the part III and IV, in the Fundamental Rights and

the Directive Principles of State Policy. These are the Conscience of

the Constitution''.

 Fundamental Rights and Directive Principles are

complementary to each other.

 On the one hand Fundamental Rights restrain the government

from doing certain things, while on the other hand the

Directive Principle instructs the government to do certain

things.
  Fundamental Rights protects the rights of the individuals,

whereas Directive Principles ensure the well-being of the

entire society.

 Fundamental Rights are justifiable whereas Directive

Principles are non-justifiable.

 It is duty of government to provide fundamental Rights to all

the citizen of country as per the constitution while Directive

Principles are not mandatory for the

government. Fundamental Rights are for individuals but

Directive Principles are for the government.

 Fundamental Rights establishes political democracy whereas

Directive Principles attempt towards establishment of

economic and social democracy.

 Fundamental Rights are negative in character because they

prevent the state from doing certain things that may hamper

the development of individual where as directive principles of

state policy are positive in character because they direct the

state to take certain steps for the welfare of its citizen.

Which right is considered as the “heart and soul of the

Constitution”?

Right to Constitutional Remedies was referred by Dr. Ambedkar as

the “heart and soul of the Constitution”. Article 32 deals with this
right. On the violation of the Fundamental Rights, citizen can

approach a High Court or a Supreme Court. The Supreme Court

shall have power to issue writs like Habeas Corpus, Mandamus,

Prohibition, Quo-Warranto and Certiorari for the enforcement of

Fundamental Rights.

 Habeas corpus: It is a court order to present an arrested

person or to set free that person if grounds of arrest are not

lawful or satisfactory.

 Mandamus: This writ is issued by the court to an official, who

is not doing his work legally and thereby the rights of the

citizens are violated.

 Prohibition: This writ is issued by higher court to lower court

when it find that particular case is beyond jurisdiction of the

lower court.

 Quo Warranto: This writ is issued against an official to restrict

him, if he is found ineligible to hold his office.

 Certiorari: Lower court is instructed to transfer a pending

matter to the higher authority or the court.