aces Fundamental Rights and Duties and Directive Principles Evolution of Rights Importance of Rights: Why Do We Need Rights in a Constitution? Fundamental Rights in the Indian Constitution Right to Equality Right to Freedom Right against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies Fundamental Rights Monitoring Agencies and Civil Liberties Movement in India Directive Principles of State Policy: Non-Justiciable Rights Relationship between Fundamental Rights and Directive Principles Right to Property Fundamental Duties | Py | cy Fd es vu) 4 BS r= e =) 9 a 4 yvrvYYY YY YY VY Vy The rights have evolved over a period of time. Moreover, rights changed with time and place. In earlier times, the rights were known as ‘Civil Liberties’ which included freedoms such as freedom from arbitrary arrest, freedom of speech and freedom of religion, etc. To secure these freedoms, people had to put up a strong fight against autocratic kings. EVOLUTION OF RIGHTS Soon after the French Revolution in 1789 the French National Assembly issued the famous Declaration of the Rights of Man. It proclaimed that “all men are born eq and should have equal rights.” In September 1789 the American Congress adopted 10 Amendments to the Constituti and by December 1791 they became part of the American Constitution. Collectivel’ they are known as the Bill of Rights. Among their provisions the most important a freedom of speech, press and religion; right to assemble peacefully; protection ian unreasonable searches and seizures of property and protection against cruel pun! 2Fundamental Rights and Duties and Directive Principles On 10 December 1948 the UN Gene of Human Rights. Since then eve: Rights Day all over the world. ral Assembly adopted the Universal Declaration ty year December 10 is celebrated as the Human IMPORTANCE OF RIGHTS: WHY DO WE NEED RIGHTS IN A CONSTITUTION? The bonded labourers working in Pichola in Bhiwani district of Haryana wrote a letter to the Supreme Court. They said, “We are Adivasi Bhils. Our daily wage rates are rupees three to four. Drinking water is provided to us once in three or four days. Our huts are worse than those used for keeping animals. Our malik (master) molests our young daughters. Please save us from this miserable condition.” Their letter was forwarded to the Supreme Court's Registrar by Swami Agnivesh, the Chairman of the Bandhua Mukti Morcha. A Division Bench of the Supreme Court held inquiry into the conditions of the labourers. The Court passed orders releasing them from bondage to their master. In 1983 Sheela Barse, a famous journalist, wrote a letter to the Supreme Court. The thing that was brought to the Court’s notice was that in police lockups at Mumbai the women undertrials were subjected to torture and frightening violence. The Supreme Court appointed Ms. Armaity Desai, the then Director of a College of Social Work, to find out what was happening in police lockups. On receipt of a report from Ms. Desai, the Court directed the Maharashtra government to ensure that women undertrials were protected from torture and cruel treatment. It is because of insertion of Fundamental Rights in the Constitution that the bonded labourers and the women undertrials breathed a sigh of relief. The bonded labourers got justice under the provisions of the ‘Right against Exploitation’. It was the ‘Right to Protection of Life and Personal Liberty’ that came to the rescue of the women undertrials. Why Do We Need Rights? Let us now examine in detail the ne 1. Rights shape Human Personality: Rights are essential for the development of the powers inherent in every individual. They are secured to preserve human dignity and to promote social progress in larger freedom. oe 2. Democracy implies Civil Liberties: Democracy is of no avail if “civil liberties, such as freedom of speech, religion and freedom from arbitrary arrest, are not recognised and protected by the State”. Democracy is essentially government by opinion or persuasion. Therefore, the means for formulating public opinion should be secured to the citizens. The Constitution of India guarantees to the citizens freedom of speech and expression, freedom of assembly and freedom to form associations or unions. cessity for the inclusion of rights in a Constitution.Eyl] indian Constitution at Work-XT Rights in the Constitution of South Africa and Coloureds (people of mixed races) had to strugg for decades against the policy of racial segregation. The Blacks had an opportunity ‘i choose their own government only in 1994, South Africa’s Constituent Assembly a dopteg 996. This Constitution became “a cornerstone of democracy” a New Constitution on 8 May is Ce anseth Africa. It prohibits discrimination on grounds of race, gender, marital statys ethnic or social origin, colour, , In South Africa the Blacks, Indians religion and so on. A few important rights included in South Africa’s Constitution are as follows: Right to Dignity (sense of self-importance) Right to Privacy (Freedom from being, disturbed by others) Right to Healthy Environment Right to Fair Practices towards the Labourers Right to Health Care, Food, Water and Social Security « Right to Adequate Housing : * Protection of Children’s Rights one eae its ; - . ing Countries: « Right to Basic and Higher Education Mee bia a ad pa Rights of Cultural, Religious and Linguistic Communities Right to Information 3. Rights are a Check on the Arbitrary Powers and Acts of the Government: The Fundamental Rights can be altered or curtailed only by an amendment of the Constitution. Thus their inclusion is a check not only on the Executive (the President, the Prime Minister, Ministers and government officials), but also on Parliament and other legislative bodies. 4. Rights are a Check on certain actions of Private Citizens and Organisations uti ; also: Some rights are enforceable againet| tie serene Cat cat high Caer fo Be persons or private organisations also. For _ enforcement of the Fundamental Rights example, Constitution abolished custom of untouchability. Therefore, persons practising untouchability shall be punished in accordance with law. Similarly, the Constitution forbids employment of child. in factories, etc. It is offence to employ a child below the age of 14 years in mi or any other hazardous employment. 5. Rights are Enforceable by the Courts: All persons, irrespective of race, religit® caste or sex, have the right to move the Supreme Court or the High Court for JFundamental Rights and Duties and Directive Principles enforcement of the rights conferred y the Constituti, is | The : by Ne Const pa Weis not always | The Universal Declaration of Human nece ‘t Ba rs I Person who has | Rights says: “Everyone has the right to an instituted the legal proceedings should | offective remedy by the competent national have a right of his own which he secks | Mibinals for acts violating the fundamental to defend. The poverty ridden and rights granted to him by the Constitution or oppressed people of India do not UY lt.” possess the means to seek relief, In| IMdian Constitution adopts this right in the public interest anyone can ‘his form: “the right fo move the Supreme commence litigation in the Court, | “®t by appropriate proceedings for the This is known as ‘Public Interesy {¥/"Cement of the rights conferred by thi Litigation’. High Court judges have | Pv!‘ guaranteed. even acted on their own on the basis —Article 32 (1) of newspaper's reports, a FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION The leaders of the Freedom Movement realised that rights were of vital importance to Indians. The Motilal Nehru Report (1928) cited the importance of fundamental rights. The Congress Session of 1931 adopted a specific resolution on “Fundamental Rights and Economic Policy”. In 1945 the Sapru Report drew attention to rights of individuals. About a year later the Constituent Assembly began framing the Constitution of India. It was, therefore, natural that Fundamental Rights were proclaimed under Part III of the Constitution. Meaning of the term ‘Fundamental Rights’ Rights are those powers and freedoms which are essential for a good life. Fundamental rights are ‘fundamental’ in the sense that they have been incorporated in the Fundamental Law of the Land (the Constitution) and can be enforced by the Courts. They are not fundamental in the sense that they are absolute. Neither are they exempt from the Constitutional Amendment. How ‘Fundamental Rights’ are Different from other Rights? Fundamental Rights are different from other rights of the citizens in many respects. First, the other rights (the right to marry, the right to property, the right to enter into contracts with others and the like) are protected by ordinary laws of land, but the Fundamental Rights are protected and enforced by the Constitution. Second, the other rights can be changed by the ordinary course of legislation, but a Constitutional amendment is required to change the Fundamental Rights.Indian Constitution at Work-XI Right to Equality (Articles 14-18) Right to Right to Constitutional WY Freedom Remedies (Article (Articles, 32) 19-22) ‘Cultural and Educational Rights (Articles 29-30) Rights against Exploitation (Articles 23-24) Right to Freedom of Religion (Articles 25-28) Third, no organ of the ‘State’ (the Union Parliament, State Legislature, Union Executive, State Executive or any other local authority) may take away any of our Fundamental Rights, but such a blanket protection does not exist in respect of other rights. The Fundamental Rights in the Constitution are grouped under six broad categories. RIGHT TO EQUALITY Indian Constitution makes ‘Equality’ as the bedrock of Indian polity. 1. Equality before Law: Every citizen is guaranteed equality before law or equél Protection of laws within the territory of India. The Constitution forbids discrimination between persons placed in similar circumstances or conditions. The air hostesses had been allowed to marry after four years of recruitment. But they could not bear children without losing their jobs. Such a provision was dee as a violation of the rights to equality between man and woman, The Suprest® Court, in a historic judgement of 1981, ruled that “the termination of the service of an air hostess under such circumstances is not only a callous and cruel act butFundamental Rights and Duties and Directive Principles an open insult to Indian womanhood—the most sacrosanct_and_ cherished institution. 2 prohibition of Discrimination. Article 15 prohibits the State to “discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” No citizen shall be denied access to shops, public restaurants, hotels and places of public entertainment. Neither shall any one be denied the use of wells, tanks, bathing ghats and roads maintained wholly or partly out of the State funds. There are, however, two notable exceptions to the right. First, the State may make any special provision for women and children. Second, special provisions may be made for the advancement of any socially and educationally backward class of citizens or for the Scheduled Castes and the Scheduled Tribes. AConstitution Amendment Act, 2005 empowered government to provide for reservations for OBCs (Other Backward Classes) in higher educational institutions. The legislation was being welcomed and criticised both. The critics argued that it would reduce academic standards and was unfair to General Category Students. | On 10 April 2008 the Supreme Court upheld the validity of the Constitution Amendment ‘Act, 2005. The Court, however, made two significant observations in this regard. First, reservation of seats for the OBCs shall exclude the “creamy layer”. Second, a review should be done every five years to consider the need for continuation of reservations for the OBCs. 3. Equality of Opportunity in Matters of Public Employment: There shall be no discrimination against any citizen on grounds of religion, race, caste, sex, place of birth, residence or any of them in respect of any employment under the State. But the State may reserve posts for members of any backward class which is not adequately represented in the services under the State. In fact, the policy of reservation was adopted to correct past practices of discrimination against backward classes, women and other weaker sections. This policy should not be viewed as a violation of the principle of equality. Justice demanded that weaker sections of society were given proper opportunity to move forward from a state of backwardness to a place of progress. The Mandal Commission had recommended a reservation of 27 percent of seats in civil Posts under the Government of India for the Other Backward Classes (in addition to 225 per cent of seats for SCs and STs). Formal orders to this effect were issued on 13 August 1990. The Supreme Court confirmed the Mandal recommendation, but ruled | that the “Creamy Layer” (well-off among the backward communities) should be excluded from the right of reservation. Reservations were made for the OBCs so as to enable them to compete with those who have a better socio-economic background.Indian Constitution at Work-XT 4. Abolition of Untouchability: Article 17 of the Constitution declares th, ted and its practice in any form is forbidden”. The Untouchabit Offences Act of 1955 provided penalties for preventing a person from entering a plac, of public worship or taking water from a tank, well or spring. Penalties are also Provide, estaurant. In 1976 the name of the Act Wa, 5 shop, hotel or r for denying access to any shop, ‘ name changed on Untouchability Offences Act to the Protection of Civil Rights Act. “antouchability is abolish RIGHT TO FREEDOM ces not only equality; it also calls for individual liberty. 7), Democracy. presuppo' y contains rights to freedom also. Constitution, therefore, Certain Rights Regarding Freedom of Speech and Expression, etc. Constitution ensures to the citizens of India these rights: (i) freedom freedom of assembly, (iii) freedom to form associations freely throughout the territory of India, (v) right to reside erritory of India, (vi) the right to practise any profession or to carry on any occupation, trade or business, and (vii) the right to information. The Right to Information became a Fundamental Right under Article 19 only in 200s This right empowers citizens to seek information about government records and documents, and about government spending, etc. Freedom is good, but to be free to do unreasonable things is bad. Therefore, reasonable restrictions on freedom of speech can be imposed in the interests of public order, security of the State, decency or morality. A few instances of unreasonable restrictions are punishing someone for criticising the government and telephone tapping without sufficient reasons for the same. A notification banning the entry in the State of Tamil Nadu of the Journal ‘Crossroads’ (published at Mumbai) was held invalid by the Supreme Court Article 19 of the of speech and expression, (ii) and unions, (i0) right to move and settle in any part of the t The Preamble to the Constitution mentions the basic objects for which the Indian Republic exists. These are: Justice, Liberty, Equality and Fraternity. The phrase ‘Social Justice’ enables the state to make laws to remove ‘economic inequalities’ and to protect the interests of the weaker sections of society. pel a the government had acquired some land to construct a separate colony fe 2 — led untouchables in order to improve their living conditions. The construction was cha lenged on the ground that it would result in the segregation of those perso" ong wel at be in conformity with Article 17 of the Constitution. The Tamil Nadu iid not accept these pleadi ecause the se was to raise livin standards of the people pleadings, because the purpose was to raise livinKi ‘undamental Rights and Duties and Directive Principles IY The Court ruled that “without liberty of ) () government. _ | On 23 July 2003, the Supreme Court | | underlined the need for Parliament to enact a Uniform Civil Code to govern | personal laws of all religions. The Court said this was necessary to promote National Integration. The then Chief Justice of India, V.N. Khare, lamented the | fact that Parliament had not enacted such legislation despite the Constitutional provision to this effect, _ eo 4 Provision for Free and Compulsory Education for Children(i ii (wii Fundamental Rights and Duties and Directive Principles ) The state should take ste] slaughter of cows and ¢: cattle. PS for prohibiting the alves and other milch ) There should be Uniform Civil Code t the territory of India. It means that in matters like marriage, divorce, inheritance and succession allthe Indians, irespective of thet sex or religion should be governed by the same laws , ) The state shall endeavour to (@) promote international peace and security, and (b) maintain ternational Peace and Security just and honourable relations between nations hroughout Implementation of the Directive Principles 1 rv aw The right to education has now become a justiciable right. This right allocates 25 percent seats to weaker sections in government as well as private educational institutions. It also provides for building up of neighbourhood schools for children in three years. , Welfare schemes for the weaker sections are being implemented both by the Centre and State governments. Welfare schemes include programmes such as Boys and Girls Hostels for SC/ST students. . Several Land Reform Acts were enacted to provide ownership rights to the poor farmers. . Our Constitution does not guarantee the Right to Work. But the National Rural Employment Guarantee Act, 2005 was quite a good beginning in this regard. The Act, now named after Mahatma Gandhi, seeks to provide 100 days of employment in a year to every rural household in all the 644 districts of the country. . Panchayati Raj now covers almost all States and Union Territories. . The Minimum Wages Act was enacted to safeguard the interests of the workers. All provisions of the Act apply to both male and female workers. Because of Lockdown due to Covid-19 pandemic the Union Government had announced in March 2020 a scheme of free ration to 800 million people under the Pradhan Mantri Gareeb Kalyan Yojana (PMGKY). The government extended the scheme upto November 30, 2020. In addition to 5 kg of rice or wheat per family member every month, the people were also to get 1 kg of gram, an important source of protein. The decision deserved appreciation, because ensuring ‘food for all’ has to be the first priority of a Welfare State.FE} indian Constitution at Work-XT RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES sen the Fundamental Rights of the citizens and a law enacteg to implement the Directive Principles. In that case which of the two shall. preyaip 1. Ordinarily, the Directives cannot take Precedence over Fundamental Rights: Sinc, Fundamental Rights are justiciable, they are treated as being more important thoy the Directive Principles: 2. The General Welfare should prevail over the Individual Right: The Zaminda,j Abolition Acts were challenged by the Zamindars on the ground that they went against their Right to Property. The Government's contention was that for rura| development small farmers needed to be made owners of the land which they cultivated. Several State governments enacted Land Reforms Acts aimed at abolishing i system and protecting tenancy rights of peasants and farmers. The Supreme n of Zamindari, since that measure was for a public purpose. he Minimum Wages Act was in order. These and other “general welfare shall prevail There may be a conflict betwe Zamindari Court upheld the abolitio Similarly, it ruled that t decisions of the Court underline the principle that over the individual right”. 3, Fundamental Rights and the Directive Principles complement and supplement each other: The Rights proclaim that India is a Liberal Democracy, whereas Directive Principles lay down the path of country’s social and economic progress. Some left-wing activists say that the poor do not need Fundamental Rights (the Civi Liberties, such as freedom of speech and freedom from arbitrary arrest). They would only like Directive Principles to be implemented. We do not agree with them. We would like to have both—Freedom’ as well as ‘Bread’. RIGHT TO PROPERTY WHICH CEASES TO BE A FUNDAMENTAL RIGHT The original Constitution provided for the Right to Property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property: Article 31 provided that “no person shall be deprived of his property save by authority | of law”. It also provided that compensation would be paid to a person whose property had been taken for public purposes. The ‘property rights clause’ in the Constitution had to be changed a number cof times in order to implement land reforms legislations. It was fairly clear that this right coull cause a great obstacle in the path to achieving a socialist society. Moreover, the Supreme — Court had never pronounced this to be a part of the basic structure of the Constitution Therefore, the Forty-fourth Amendment Act (1978) deleted the right to property from the list of Fundamental Rights. A new Article (Article 300-A) was added to the Constitutio" which provided that “no person shall be deprived of his property save by authority ot law”.Fi 7 ‘undamental Rights and Duties and Directive Principles at Difference Does 44th Amendment ake to the Right to Property? 4, The right to property has now become an ordinary right protected and enforced by ordinary laws of the land. If a legislature makes a law depriving a person of is there would b ipati his property, ¢ No obligation on the , . as compensation. 8 n the part of the State to pay anything jeved indivi 7 2, The aggriev ed individual shall have no right to move the Court under Article 32 THE CURTAILMENT OF FUNDAMENTAL RIGHTS Rights may be curtailed through Constitutional Amendments. In Kesavananda Bharati case (1973) the Supreme Court ruled that all provisions of the Constitution, including | those concerning, the Fundamental Rights, could be amended. However, the Parliament "cannot alter the ‘Basic Structure’ of the Constitution. Most judges believed that features | such as Secularism and Republican and Democratic form of government definitely fell "in that category. FUNDAMENTAL DUTIES The 42nd Amendment Act (1976) added a new chapter to the Constitution of India. It listed the Fundamental Duties of the Citizens of India. A few important duties are as follows: (i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. (ii) To defend the country and render national service when called upon to do so. (iti) To promote harmony and the spirit N 7 of common Brotherhood amongst Common Brotherhood all the people of India. (iv) To protect and improve the natural | India displays great variety in respect of environment including forests, lakes, peoples’ attire, their mother tongue and the rivers and wildlife, and to have religion they profess. But we are all Indians . ivi ; + of the differences stands in the w compassion for living creatures. and none of the rrences stands int the way | of our nationhood. We are under an obligation “to promote harmeny and the spirit of common brotherhood amongst all the people of India...” (Article 51A) (0) To safeguard public property and to abjure violence.ee Indian Constitution at Work-XI (vi) To provide opportun years. This duty was inserted by the These duties have a major drawback. They carry no penal provisions. In other wo,, rier for non-observance of duties as such. In fact, duties 4, of Conduct’. They tell us that people should do certain thin, as part of their duty or their position in society. But many of the duties already had, binding force. For example, to show disrespect to the National Flag is an offence Punishabj in accordance with law Similarly, people may be called upon to defend their Motherlang, They may be compulsorily recruited for the armed forces of the country. Also, the lay punishes those who, by their utterances or actions, hurt the religious feelings of any section of society: s for education to children between the age of 6 and | Constitution 86th Amendment Act Ca} a citizen cannot be pun’ in the nature of a ‘Code SUMMARY OF THE MAIN (fey) The rights have evolved over a period of time. The rights change with time and place, Evolution of Rights: Declaration of the Rights of Man. American Bill of Rights. Universal Declaration of Human Rights by the UN General Assembly on 10 December 1948. Importance of Rights (Why do we need Rights in a Constitution?): (/) Rights are essential for the development of the powers inherent in every individual; (ii) Democracy implies such freedoms as freedom of speech and expression; (iii) The rights are a check on the arbitrary powers and acts of the Government; (iv) Rights are a check on certain actions of Private Citizens and Organisations also; and (v) The rights are enforceable by the courts. Rights in the Constitution of South Africa: Some of the important rights are—(i) Right to Dignity; (ii) Right to Privacy, (iif) Right to Healthy Environment; (iv) Right to Adequate Housing; and (v) Rights of Cultural, Religious and Linguistic Communities. Fundamental Rights in the Indian Constitution: The rights guaranteed under the Constitution are fundamental because they are incorporated in the ‘Fundamental Law of the Land’ (the Constitution) and can be enforced by the courts. Fundamental rights are different from other rights which can be changed by the ordinary course of legislation. Classification of Fundamental Rights: (/) Right to Equality—equality before law, prohibition of discrimination, equality of opportunity in matters of public employment, abolition of untouchability, (ii) Right to Freedom, such as freedom of speech, freedom to assemble and right to move freely, etc.; protection of life and personal liberty, rights of persons arrested under ordinary circumstances, Effects of Proclamation of Emergency on Rights, Restrictions on ‘Fights; (iii) Right against Exploitation—prohibition of traffic in human pe de of employment of children in factories; (iv) Right to Freedom of Religion—freedom of conscience and free profession of religion, freedom to managelotion of any particular religion, ; f State funds; (v) Cultural and t and culture, right to establish : Remedies—the Supreme Court prohibition, Certiorari and Quo Warranto, of Habeas Corpus, Mandamus, fundamental Rights Monitoring Agencies and national Commission for Scheduled Castes, a commission, the National Backward Classes Fin National Commission for Women, Human Rights Commission enquires into complaints of viol: all the powers of a Civil Court. cu Liberties Movement in India: The cheduled Areas and Scheduled Tribes ‘ance and Development Corporation, and lation of human rights. It has Non-Governmental See (NGOs), such as People’s Union for Civil Liberties (PUCL), people’s Commission, the Chipko Movement and Narmada Bachao Andolan. judiciary functioned as Protector of Rights: The Supreme Court and High Courts warned that such laws as MISA and TADA should be used sparingly, i.e., in as few situations as possible. Directive Principles of State Policy (Non-Justiciable Rights): They are in the nature of directions or instructions that tell the legislature and the executive what to do. They serve as a beacon-light to the Courts as well. The Directives proclaim that Indian State is a Welfare State. Nature of Directive Principles: Directive Principles are non-justiciable rights of the people. These provisions shall not be enforceable by any Court, but they are fundamental in the governance of the country. Some of the Directive Principles are very important, such as—adequate means to livelihood, equal pay for equal work for both men and women, the right to education, village panchayats and Uniform Civil Code. Implementation of the Directive Principles: The programme of Universalisation of Elementary Education, Land Reform Acts, the National Rural Employment Guarantee Act, Minimum Wages Act, Pradhan Mantri Gareeb Kalyan Yojana (PMGKY) ensuring food for all and the Panchayati Raj Institutions. Relationship between Fundamental Rig! Were upheld by the Supreme Court on Over the individual rights. In fact, Fundamental and supplement each other. We would like t 48 freedom of speech and freedom from arbitrary ar! to livelihood). Right to Property: i erty coul perty: The right to prop’ i achieving a Socialist society. Moreover, it was not 2 part of the hts and Directive Principles: Land Reforms Acts the ground that General Welfare should prevail Rights and Directive Principles complement 0 have both ‘Freedom’ (civil liberties, such rest) and ‘Bread’ (adequate means id cause a great obstacle in the path to asic Structure of theIndian Constitution at Work-X1 a Constitution. Therefore, the 44th Amendment Act (1978) deleted the right to Prope 1 from the list of Fundamental Rights. "ty Curtailment of Fundamental Rights: Rights may be curtailed through Constitution amendments. But the Parliament cannot alter the ‘Basic Structure’ of the Constitution, Fundamental Duties: The 42nd Amendment Act (1976) enacted the Fundamental p, : of the Citizens of India—the duty to abide by the Constitution, to defend the coun and to promote harmony and the spirit of common brotherhood amongst all the People of India. The duties carry no penal provisions. CRUE A. Following Questions carry 1 Mark each (Answers should not exceed 20 Words each) 1. (a) What is meant by the term ‘Fundamental Rights’? ‘Ans. Fundamental Rights are ‘fundamental’ in the sense that they have been incorporated in the ‘Fundamental Law of the Land’, ie, the Constitution. (6) Name two civil liberties without which Democracy fails to achieve it objective. Ans. Freedom of Speech and Freedom to assemble peaceably. (c) What is known as Public Interest Litigation? Ans. Poverty ridden people do not have the means to move the Courts for the enforcement of their rights. In Public interest any one can move the Court on their behalf. (@) What do we mean when we say that Fundamental Rights are justiciable? ‘Ans. People have the right to move the Supreme Court or High Court for the enforcement of Fundamental Rights. (e) Mention any two freedoms embodied under the Right to Freedom. Ans. Freedom of Speech and Expression and freedom to form Associations and Unions. (f) Name the Fundametnal Right that prohibits begar and forced labour. Ans. Right against Exploitation. (g) Name any two Fundamental Rights that the Constitution confers on the Minorities. Ans. Right to conserve their language and script and the right to establish education! institutions of their choice. (h) Mention any two Fundamental Duties inserted by the Forty-second Amendmet Act, 1976. Ans. The duty to abide by the Constitution and to protect the natural environmett including forests and rivers. 2Fundamental Rights and Duties and Directive Principles () Mention two Directive Principles based on Mak Ans. Steps should be taken to organise Vill of cows and calves. (j) Which eee Right is being violated in each case? (1 Mark each) (i) Overweight air-hostesses were denic: hatma Gandhi's ideals. lage Panchayats and to prohibit the slaughter d_ promotion. (ii) Banning the release of a Film that critic policies. Government and Prime Minister's (iii) Tamil Society which runs Tamil medium schools in Andhra Pradesh was given a notice that only Telugu medium schools may be established in Andhra Pradesh. (iv) Ina particular village a caste group traditionally associated with scavenging (cleaning jobs) was forced to continue doing the same job. Their children were not allowed to seek admission to school. Ans. (i Right to Equality before law (ii) Freedom of Speech and Expression (ii) Cultural and Educational Rights, and (iv) Right to Equality and Abolition of Untouchability (k) Write ‘Yes’ or ‘No’ in the bracket given after each statement. (1 Mark each) (i) Payment of less than the minimum wages is a violation of the Right against Exploitation. [ ] (ii) There is a penalty provided for denying access to a place of public worship. { J (iii) Directive Principles of State Policy are enforceable by law in the same way as the Fundamental Rights are. [ ] (iv) Would it be correct to say that the poor did not need Fundamental Rights, they only needed that the Directive Principles were implemented. {1 Ans. (i) Yes (ii) Yes._— (iii) No._—(iv) No B. Following Questions carry 2 Marks each (Answers should not exceed 40 Words each) 2. (a) Mention four such Fundamental Rights as existed both in the Indian Constitution and South African Constitution. A Guide: (i) Protection of Children’s Rights (ii) Right to Basic Education for Children : (iii) Rights of Cultural, Religious and Linguistic Communities (iv) Right to Freedom of ReligionJ Indian Constitution at Work-X1 (0) Mention four such Fundamental Rights as are available in South Africa but y lot in India. A Guide: () Right to Adequate Housing (ii) Right to Health Care, Food and Water (iii) Right to Healthy Environment acial Security, i.e., a system under which government pays money (iv) Right to to the sic (©) Mention such Fundamental Rights as are clearly existing in South Africa, Constitution but implicit (expressed in an indirect way) in the Indian Constitution, and the unemployed A Guide: (i) In India the Supreme Court ruled that the Right to Life included positive rights of minimum nutrition (food), clothing and shelter. (i) Right to Equality and Right to Freedom in India assure ‘Dignity’ of the individual (iii) Supreme Court ruled that telephone tapping is an invasion of an individual's right to privacy, which is covered by Article 21 (Protection of Life and Personal Liberty) (a) Mention any four functions (powers) of the National Human Rights Commission (NHRC). A Guide: (i) It inquires into complaints of violation of Human Rights (ii) It may study the living conditions of persons detained in prison (iii) Reviews acts of terrorism that obstruct the enjoyment of Human Rights (iv) Promotes research in the field of Human Rights (e) Mention any four of the Directive Principles which the Government tried to give effect to. A Guide: (i) Right to Education has now become a justiciable right (ji) Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) (iii) Panchayati Raj Institutions (PRIs) (10) Land Reform Acts to provide ownership rights to poor farmers C. Multiple Choice Questions 3. (a) Which of the following, Fundamental Rights is guaranteed only to the Citizens ae not Aliens, i. people who are not citizens, although they are living i India? . (i) Protection of LifeFundamental Rights and Duties and Directive Principles (ii) Freedom of Religion, (iii) Right against Exploitation iv) Freedom of Spee : o tight to of Speech and Expression and to form Associations or Unions. Ans. 8 orm associations or unions is guaranteed only to the C (b) Which of the following Articles of the Constitut oan un (i) Article 17 (i) Article 18 ution Ans. Article 17 abolished untouchability? (iii) Article 19 (iv) Article 20 © aig apiece! and High Courts may issue Writs for the protection of ‘undamental Rights. What is the Purpose of the Writ of Prohibition? (i) To provide a remedy for a person wrongly detained. ii) Ordering a : : ( a '§ 4 person to show under what authority he/she holds a public (iii) To prevent the inferior court from exercising powers with which it is not legally vested. (iv) To compel a person to perform his/her legal duty. Ans. The Statement (iii) is Correct. . Following questions carry 4 Marks each (Answers should not exceed 100 Words each) 4. In the context of the Right against Exploitation, answer the following questions: (2) Does payment of less than the Minimum Wages fall within the scope of the words ‘Forced Labour’? Cite a case in which the Supreme Court interpreted the words ‘Forced Labour’. - (b) What are the provisions of the Constitution regarding employment of children } in factories, etc.? "5, What is meant by the Directive Principles laid down by the Constitution of India? What purpose do they serve? Mention any two of the Directive Principles. 6. Mention any four Fundamental Duties of Citizens of India. 7. Some members of the Constituent Assembly, including Somnath Lahiri, remarked that restrictions on the ‘Right to Freedom’ (Freedom of Speech, etc.) had eroded away this right. Do you agree with this view? If not, give arguments in support of restrictions on our rights. E. Following questions carry 5 to 6 Marks each (Answers should not exceed 150 Words each) 8. Why do we need a Bill of Rights in the Constitution? Or Discuss the significance of the Fundamental Rights given in our Constitution in the light of the following statements: (a) Rights protect civil liberties (free individual. sdom of speech and expression, ete.) of anindi Contin at Work XI (b) Rights are a check on arbitrary powers of the Government. (c) Rights are protected by the Constitution, since they are enforceable by th, re Courts. 9, Examine the significance ofthe ‘Right to Equality’ in the light of the following provision, | 8 of the Constitution of India: (a) Prohibition of Discrimination on grounds of religion, race, caste and sex (b) Equality of Opportunity in matters of Public Employment (0) Abolition of Untouchability 10. Examine the major provisions of Article 19 of the Constitution, which deals with th following freedoms: re (a) Freedom of Speech (0) Freedom of Assembly including the freedom to hold demonstration for ang against the policy of Reservations (c) Criticising the Government through writings in newspapers 11. Right to Freedom of Religion seeks to establish a Secular Polity in India. Mention the following provisions of this right: (@) Freedom of Conscience and the Right to practise Religion (b) No religious instruction in an institution wholly maintained out of State Funds, 12. Examine the following provisions of the Constitution in the context of the Rights given to the Linguistic and Religious Minorities in India: (2) Minorities have a right to conserve their distinct language and culture (b) ee have a right to establish and administer educational institutions of their choice 13. Which of the Fundamental Rights is the most important right about which Dr. Ambedkar remarked, “it is the very soul of the Constitution and the very heart of it.” Or ein the Writs which the Supreme Court can issue for the protection of Fundamental ‘ights. a0o9