Odisha State Board CHSE Odisha Class 11 Political Science Solutions Unit 3 Indian Constitution Long Answer Questions.
CHSE Odisha 11th Class Political Science Unit 3 Understanding Political Theory Long Answer Questions
Long Type Questions With Answers
Question 1.
Discuss the composition and functions of the constituent assembly of India. Or, Narrate the organization and role of the Indian Constituent Assembly?
Answer :
The constitution of free India was framed by a constituent assembly. The assembly was a representative body that was organized on the recommendation of the Cabinet mission and with the purpose of formulating a new constitution.
Composition :
The assembly comprised members elected from provincial legislatures. As per the recommendation, members were chosen in the ratio of one in every one million (10 lakh) population. Members were elected on the basis of propositional representation through a single transferable vote. There was a special provision for the election of members on communal lines. The total strength of the Assembly was 389, out of which 210 seats were reserved for general candidates. 78 for Muslims for sixth and the rest four for chief commissioner provinces. 93 seats out of 389 were reserved for the representatives of princely states.
Election to the Assembly was held in November 1946 in which the Congress was 211 seats out of 296, Muslim league won 73 and the rest 12 went to Sikhs, independents, and others. Princely states did not participate in the election to the constituent assembly. The dominance of the congress was unbearable for Muslim League for which it did not participate in tire assembly, The very first meeting of the constituent assembly was held in the central hall of Parliament under the presidentship of Dr. S.N. Sinha, Later Dr. Rajendra Prasad was elected as Chairman and Dr. H.C. Mukherji as vice chairman.
The first meeting was held on 9th December 1946. The assembly was represented by eminent lawyers. Statesmen said activists intellectuals and other luminaries of India. Status of the Assembly: The constituent Assembly was never a sovereign body and all its powers were derived from the authority of the British parliament. But, after formation, a resolution was passed to strengthen its states so that the British parliament could not dissolve it at will. After independence, the Assembly became fully sovereign and continued up to 25th January 1950.
Role and Functions:
The Assembly had to perform two major functions The making of the new constitution and Acting as the parliament of India till a new parliament is elected. The constituent assembly adopted the objective resolution on 22nd January 1947 and thereby specified its goal. On the 15th of August 1947, when India became free the assembly enjoyed sovereign states as the most powerful legislature of new India.
The Constituent Assembly was divided into several committees and sub-committees to expedite the process. These committees discharged.
their responsibility and committees discharged their responsibility and submitted the final proposal to the Assembly for approval. The Assembly tried to take all decisions by unanimity, not by majority. The Drafting committee played a very. crucial role in the making of the constitution of India. It was formed on 29th August 1947 with Dr. B.R. Ambedkar as its Chairman and seven other outstanding legal seminaries and its members.
The entire constitution was drafted by this committee after thorough examination, review, and discussion on all major issues.
The final draft was approved on 25th November 1949 by the constituent assembly. The constitution came into force on 26th January 1950.
Question 2.
Discuss the organization of the constituent assembly and its objective resolution. Or,’ Explain the composition and objective resolution of the constituent assembly?
Answer :
The Indian constitution is a hand made of constituent assembly. It was a representative body that took 2 years, 11 months, and 18 days to prepare the constitution of India. The Assembly was established under the provisions of the cabinet mission plan. The idea of the Constituent, Assembly, as a representative body, was framed specifically for the purpose of formulating the fundamental law of the nation.
Composition:
The Constituent Assembly consisted of the representatives of the principal communities in India. Seats were distributed roughly among the different provinces in the ratio of one member for every one million population. The legislative Assembly of each province elected this representative on the basis of proportional representation by means of a single transferable vote.
The total strength of the constituent assembly was fixed at 389, out of which 210 seats were reserved for the general candidates. 78 for the Muslims, four for the Sikhs, and the rest for the Chief Commissioners’ provinces, and 93 seats were reserved for the representatives of the princely states.
After the election to the Assembly Congress won 211 seats out of 296, Muslim League won 73, and the rest 12 went to the independents and other parties. The princely states did not join the Assembly for which its membership came down to 296. The dominance of the congress party was unbearable to the Muslim League which remain absent.
The Constituent Assembly for the first time met on 9th December 1946 with Dr. Rajendra Prasad as the Chairman and Dr. H.K. Mukherjee as Vice-Chairman. It was mostly represented by eminent lawyers, politicians, and statesmen. Dr. B.R. Ambedkar was the chairman of the Drafting Committee and for his contribution, he is regarded as the father of Indian constitution. The Assembly took a period of 2 years II months and 18 days to frame the new constitution.
Objective resolution :
The Constituent Assembly met in its second plenary session from January 20 to 309 in the year 1947 Pandit Nehru adopted an objective resolution in this session. The resolution declared that India must be a Sovereign Democratic Republic and the Programmes of the constitution were outlined thereon. The principles of the resolution may be discussed below.
The territories that now comprise British India, the territories that now form the Indian state, and such other parts of India as the outside. British India and the states as well as such other territories as they willing to be constituted into independent sovereign India shall be a union of them also.
The territories with their present boundaries and with such others as may be determined by the Constituent Assembly and thereafter according to the law of the constitution shall possess and retain the status of automatic units together with residuary powers and exercise all powers and functions of government and administration, except such powers and functions as are as assigned to the union or a’s are implied in the union or other form.
All powers and authority of sovereign India, its constituent parts, and organs of government are derived from the people.
The constitution shall guarantee and secure to the people of India, social, economic and political equality of status and opportunity and before the law freedom of thought, expression, faith, belief worship, vocation, association, and action subject to the law and public morality.
Adequate safeguards are provided for minorities of backward and tribal areas and other backward classes. The integrity and sovereignty shall be maintained on land, sea, and air according to the law of the nation. India will attain its honorable place in the world and make its constitution towards peace and welfare of mankind.
Question 3.
Explain the preamble to the Indian Constitution. Discuss the basic principles of the Preamble to the Indian Constitution. Or, Write an essay on the Preamble to the Indian Constitution?
Answer :
The Indian Constitution starts with the Preamble which outlines the aims, objectives, and ideals of the Constitution. It is the soul of the Constitution and an introduction to the political setup. The preamble reads “WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens. JUSTICE, social, economic, and political LIBERTY of thought expression, faith, belief, and worship.
EQUALITY of status and opportunity and to promote among them all. FRATERNITY assuring the dignity of the individual and die unity and integrity of die nation IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November; 1949 do hereby ADOPT ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The 42nd Constitutional Amendment has introduced the words, SOCIALIST and SECULAR, in place of SOVEREIGN DEMOCRATIC REPUBLIC, and in plae of unity of the nation, the word ‘integrity’ has been added.
Significance :
The Preamble is considered to be the soul of the Constitution and it explains about the aims and objectives in a nutshell. The preamble speaks of four things.
- the source of the constitution.
- the aims and objectives of the constitution.
- the ideas and philosophy of the Constitution.
- and the data of its approval. The Preamble contains the fundamental principles of the Constitution and the words used in it make it sublime.
The Supreme Court has said that the preamble indicates the general purposes for which the people have ordained and established the Constitution. It explains about the nature and spirit of the Indian Policy.
Basic Principles:
The basic principles of the Preamble can be discussed below:
We the People of India :
The Preamble starts with the phrase we the people of India which boldly declares about popular sovereignty. The constitution is considered to be framed by the representatives of the Indian citizens and not an Imposition from above. The Constitution is made by the people and it embodies popular ideals and aspirations.
Sovereign, Socialist, Secular, and Democratic Republic:
The Preamble depicts India as a Sovereign Socialist Secular Democratic Republic. India is a sovereign independent entity. It is externally free from the control and influence of others and internally, it is a component to adopt principles of governance. None can interfere in its domestic matters.
The term Socialist indicates the country’s determination to follow the principles of socialism like the nationalization of industries, protection of the interests of the economically backward sections of the society, etc. The term ‘secular’ represents tolerance towards minority groups and equality of opportunity and protection to all religious groups. Indian Political System is organized on the basis of democratic principles.
The Parliament and state legislatures are elective bodies. A franchise is extended universally to all adults above 18 years of age. The citizens are granted with rights and freedom and the Govt is responsible to the people, hence it is a democratic country. Republic represents the elective office of the President and the representative character of the Head of State.
Justice:
The Preamble also clarifies the intention of the Govt, to ensure justice in the social, economic, and political spheres. The Constitution has abolished untouchability and offered equal opportunity to all in matters of public employment to ensure social justice. Equitable distribution of national resources is meant to ensure economic justice and universal suffrage is guaranteed as a mark of political justice.
Liberty :
The preamble also emphasizes on grant of liberty to the Indian citizens, such as liberty of thought, freedom of expression, faith, belief, and worship. These are provided under the Fundamental Rights.
Equality :
Equality is an essential attribute of the state in India. The Constitution has assured equality of status and opportunity to all irrespective of discrimination. The enjoyment of equal rights and political equality are significant aspects of the principle of equality.
Fraternity :
The constitution has sought to maintain universal brotherhood among its citizens so as to maintain the unity and integrity of the nation in the face of disintegrating forces.
Date of adaptation :
The Preamble states that the Constitution has been adopted by the Constituent Assembly on 26th November 1949. The Preamble of the Constitution thus reflects the soul and substances of the Constitution in brief.
Question 4.
Discuss the salient features of the Indian Constitution, Or, Analyse the basic principles of Indian Constitution. Or, Brief the unique features of Indian Constitutional system?
Answer :
The Constitution is the basic law of the land or the principles of governance. Every democratic country today possesses a written Constitution of its own. Similarly, in India – there is a written Constitution which is prepared after going through some useful democratic constitutions of the world. The framers incorporated those principles which they felt suitable for our nation and the people. The basic feature of our Constitution can be discussed below.
Sovereign Socialist Secular Democratic and Republic :
Indian Constitution declares it to be Sovereign, the master of its’ own destiny. India is internally free to control it’s subjects and externally independent of all other sovereign states. The Constitution provides for a democratic election where people enjoy adequate rights and liberties.
Constitution clearly mentions about the republican aspect of the Constitution The head of the state, the President is indirectly elected by the people. Indian Constitution also provides for a secular state where everybody enjoys an opportunity to profess any religion, any belief or worship any God for his salvation. The minority community is not left unsafe.
There is tolerance of the minority. The state does not follow any particular religion and does not assign any privilege to any particular religion. All are equal before and must enjoy freedom equally. Liberty is guaranteed to every kind of religious person. Constitution provides for the socio-economic and political right of the individual.
The largest Constitution in the world :
At present, the constitution of India is the largest constitution in the world. It consists of 395 Articles and 12 Schedules with the inclusion of Panchayat Raj, the seventy-third Constitutional amendment of 1992.
Every possibility of efforts have been taken to reflect the will and opinion of the people in the Consti tution of India. The Constitutional fathers, considering the heterogeneity aspect of the Constitution, and the experiences of communalism, have taken all sorts of initiative to have a balanced and effective Constitution.
Again in other federal Constitutions like U.S.A. and Switzrland where lies a separate Constitution for the state, the same does not exist in India. The power and authority of state have been enumerated in the same Constitution. Various provisions have been made to meet the different needs of the people and there are also special provisions to safeguard the interests of the minority.
The Schedule Caste and Schedule Tribes have been accorded special benefits under the constitution. The detailed chapters on fundamental rights and directive principles of the state policy, emergency, provisions, fundamental duties have caused for large size of constitution.
Parliamentary form of Government :
The Constitution of India proposes a Parliamentary form of Government where there is daily and periodic assessment of responsibility of government. The Parliamentary form of Government was adopted in the Constitution of India because of our long association with British Government.
Federal in form but unitary in spirit:
Although there is no mention of the term federation yet the Constitution of India in its Article – 1 declares that India is a Union of States. In India there are the features of a federal like he dual polity, written constitutional government, independent judiciary etc. are reflected in the constitutional of India. Though there are, federal features in the Constitution of India but there is also strong unitary spirit in the Constitution. The central Government bears preferential treatment over the Stats Government.
The emergency provisions, the appointment of the Govemer by the Central Government, the provisions of all India services, the integrated judiciary, single citizenship etc. are clear illustrations of all those things. Often the Constitution of India has been criticized by critics as Quasi federal, federal in form but unitary in spirit etc.
Balance between rigidity and flexibility:
The constitution of India is a happy blending of both rigidity and flexibility. So far as the amendment of the Constitution is concerned a balanced is struck between rigidity and flexibility. A flexible constitution is one which can be easily amended without having any rigid procedure.
India is partly flexible because certain provisions of the Constitution can be simply amended by the simple majority of the Parliament but on the other hand a rigid Constitution is one whose amendment procedure is very much difficult. In India there are certain provisions which can not ordinarily be amended by the simple majority of the parliament and it requires ratification by the states.
In India the provisions like the creation of new states, abolition of the second chamber of the states, changes in citizenship requires simple majority. But other requires the two-third majority of the House. The presidential power, mode of election, the executive and legislative powers of the state provisions regarding the supreme court and high courts, etc.
a Majority of the total membership of the House of Parliament Not less than 2/3rds members of each House present and voting. Rectification by one-half of the states. The above analysis clearly shows how the Constitution of India, is a happy blending of both rigidity and flexibility.
Fundamental Rights :
Unlike the bill of rights of the American Constitution, the Constitution of India provides a scheme of fundamental rights which has been incorporated and discussed in the III part of our Constitution. The Constitution in its Articles 12 to 35 deals with the scheme of fundamental rights. There are six categories of fundamental rights. Those are
- Right to equality,
- Right to freedom,
- Right against exploitation,
- Right to freedom or religion,
- Cultural and educational rights
- Right to constitutional remedies.
Fundamental duties :
Rights without duty is meaningless which was realized in the 42nd constitutional amendment in 1976. A scheme of fundamental duties waš incorporated into the Constitution of India in Article 51A. The Constitution of India provides for 10 categories of fundamental duties.
Directive Principles of State Policy :
Following the Spanish and Irish Constitution, the Constitution of India have incorporated a scheme of Directive Principle of State Policy which are fundamental principles for the governance of the country. The Directive Principles óf State Policy contains the socialist Gandhian and the liberal ideals.
Single CitizenshIp :
Though there are federal principles in the Constitution of India yet it has not opted for double citizenship. In India, there is provision of single citizenship which implies that irrespective of birth or residence all are citizenship which implies that irrespective of birth or residence all are citizens of India are entitled to enjoy all civil and political rights. They are free to purchase land and to settle anywhere in the country. Single citizenship is a great step forward in the creation of an integrated Indian society.
Secular State :
The constitution of India in its preamble contains the secular conception of the state. The secular state assigns no special privilege or patronage to any particular kind of religion and the state has no religion. Article -16 of the Constitution provides for equal opportunity for employment under the stale without discrimination against any religious community. The state also does not possess any power for the imposition of any religious taxes.
Thus, an all-around attempt has been made by our Constitution makers to embody secularism in our Constitution and absolute freedom is given to the citizens to profess or practice and worship any kind of religion they prefer.
Integrated and Independent Judiciary :
Normally a federal state has a dual form of the judiciary at one the federal level the other in the states. But in India, there is the provision for an independent and integrìted Judiciary for the country. The judiciary is organized on a hierarchical basis which begins from the Supre Court to the level of Naya Panchayats.
The judiciary in India also remains independent from the legislature and executive. Originally the judiciary enjoys the powers of judicial review and it can declare any law as ultra vires or void if the law does not conform to the values and beliefs of the constitution.
Universal Adult Franchise :
The Constitution of India in its Article 326 provides a universal adult franchise which reads The election to the House of the People and the House of the State, Legislative Assembly shall be in the basis of Universal adult suffrage. In other words, it can be told that any person who is a òitìzen of India and have attained the age of eighteen will be entitled to cast his right to vote for the purpose of selection of representatives.
Parliamentary Form of Government and Judicial Supremacy:
Normally in all Parliamentary forms of government, the Parliament enjoys comparatively a high degree of power because there is no strict separation of power and the judiciary in the Parliamentary form of Government does not enjoy that much power by which it can declare any law of the state as ultra vires or void.
Though our Constitution is silent with regard to the power of the Supreme Court to declare any Act of Parliament as ultra vires but in practice, it is observed that the Supreme Court of India has got a limited judicial review. Again Parliament and amend the Constitution with the prescribed majority. Once the Constitution is amended the Supreme Court will accept it. Thus, the powers of the Parliament and judiciary are balanced.
Welfare State :
The Indian Constitution under Art. 38 does ordain to establish a welfare state. The directives inserted into the Constitution are intended to transform the policy into a welfare state. The Govt pledges to provide basic minimum needs to every Indian. It has undertaken a variety of steps to maintain social security, justice, and equality reducing the gap between rich and poor. Thus, the Indian Constitution is considered to be a model Constitution for new, independent backward nations.
Question 5.
Write an essay on Art. 368 of the Indian Constitution. Or, Discuss the procedure of Constitutional Amendment in India. Or, Is the Indian Constitution rigid?
Answer :
No democratic Constitution can be static. It must be dynamic and in course of time, it must be amended in response to the needs of society. Therefore, the framers of the Indian Constitution have adopted a flexible procedure of amendment with rigidity on federal matters to make the constitution a dynamic one.
The procedure of Amendment: The Indian Constitution under Art. 368 has Procedure of Amendment The Indian Constitution under Art. 368 has empowered the Parliament to make necessary alternations, revisions, addition, repeal, variation, or detection of any provision of the Constitution. Such a proposal can be introduced into either House of Parliament and after approval, in both Houses, the President can make necessary changes in the Constitution. Art. 368 prescribes three different procedures for amendment of the Constitution.
Flexible Procedure :
The first procedure is a flexible one and the provisions like
- Creation of a new state;
- Creation on the abolition of the second chamber of the states;
- Change in citizenship;
- Changes or alternations of the boundary of states; can be amended if the proposal is approved in both the Houses of Parliament by a simple majority of votes.
Neither rigid nor flexible :
The second procedure is a combination or rigidity and flexibility. In this procedure, most of the provisions of the Constitution can be amended such as; fundamental rights, directive principles, emergency provisions, etc. such a proposal of an amendment requires a special majority in both the Houses of Parliament, viz.
By 2/3rd majority of members present and voting in both houses and By majority membership in each house. Such a proposal shall be effective only after receiving President’s assent. The president can’t withhold assent to an amendment bill.
Rigid Process :
This is the most difficult process in which the federal provisions, mode of appointment and election of president his powers and procedure of removal, the appointment of High Court, Supreme Court judges center state relations, etc. can be amended. Any such proposal of amendment must e passed in both the Houses of Parliament by a special majority and must be ratified by at least half of the state legislature. Thereafter with presidential consent, the constitution stands amended.
Thus from the above description, it is clear that the procedure of amendment strikes a balance between rigidity and flexibility. In case of disagreement, the proposal is killed and a joint sitting can not be convened in matters of the amendment. However, due to party Govt, the procedure is more flexible than rigid.
Question 6.
“India is a Sovereign Socialist Secular Democratic Republic.” Justify?
Answer :
The Constitution of India in its Preamble states that we the people have solemnly resolved to constitute India into a sovereign socialist, secular, democratic, republic, lire following discussion illustrates the justification of the embodiment of above conception.
Sovereign :
The Constitution of India declares India to be a sovereign state. It is the sole proprietor of its own destiny. The supreme power of India is exercised that used not by any outside power but rather by its own authority. Internally it possesses the power to control and regulate the citizens and subjects residing within the territory of India. India possesses absolute jurisdiction over them. Viewed from an external point of view it is also independent of all other external or outside powers.
It possesses the right to maintain an independent and equal relationship in relation to foreign powers. Socialist: The Constitution of India also declares it to be a socialist state. It does not prefer the concentration of wealth in the hands of a few persons leading to a monopoly of production and exploitation. The state also endeavors to ensure the upliftment of the standards of the poor and downtrodden through its Directive principles of state policy.
Secular :
The socialist and secular conception of the Constitution of India was incorporated in the 42nd constitutional amendment. By which the state must honor all religions equally and internally. The state has no religion and the state will not hinder in the spread of any religion and the individual must not be compelled to accept or renounce any particular religion.
Rather maximum authority and independence is provided to every individual to profess and worship any kind of religion according to their sweet will. Article 16 provides for equal opportunity for employment under state government without any religious discrimination. The state-managed educational institutions are debarred from imparting any kind of religious instruction in the educational institutions. The Constitution also prohibits any kind of religious taxes etc.
Democratic :
Liberty, equality and fraternity, rule of law limited constitutional government, representative form of democracy, free press and public opinion and popular sovereignty, etc. are commonly accepted as the pillars of democracy. The Constitution of India has taken the best possible steps to owe and observe all those above-mentioned principles to materialize.
Maximum efforts has been taken to enhance the common good welfare conception of the state has been accepted. So India can be regarded as a democratic form of state when people by their franchise select the representatives and governs the state through their representatives.
Republic:
Finally, India is also a republic state. A republic state is one where the head of state must be directly or indirectly elected by the people. The constitution provides that with regard to the election of President of India who is the head of state is elected by an indirect election by an electoral college which is formed on behalf of the people.
Question 7.
Discuss the basic features of Indian Fundamental Rights?
Answer :
The Indian Constitution in Part – III under Art. 12-35 has provided six fundamental rights to Indian citizens. These rights are borrowed from the democratic constitutions of the USA, France, and Japan and they provide adequate opportunities to the people for self-development.
Features:
The basic features of Indian fundamental rights can be discussed below.
- The fundamental rights in India are elaborate and comprehensive in character. These are discussed in 24 articles. Initially, there were seven rights but after the 44th Amendment Act, of 1978 the people today enjoy only six rights.
- The fundamental rights do not contain any natural rights.
- The constitution has guaranteed certain special rights for the protection of minorities. It has been abolished untouchably and granted special rights for women and children.
- The Fundamental Rights contain both negative and positive rights. The negative rights impose restrictions on state activity
while positive rights grant certain freedom to the citizen.
- No social and economic rights are included in the list of Fundamental Rights
- All the fundamental rights are guaranteed to the citizens but there are some rights available to the aliens, such as the right to equality before the law & freedom of religion, etc.
- The fundamental rights in India are not absolute in character. The parliament is empowered to impose reasonable restrictions on the enjoyment of these rights. The Supreme Court is there to find out whether parliamentary restrictions are reasonable or not.
- These rights are binding equally upon the Union, the State, and other state authorities.
- The constitution not only guarantees fundamental rights but also provides legal sanctions for the enforcement of these rights. The Supreme Court and High Courts can issue writs for protecting the rights of the people.
- Parliament of India can amend the fundamental rights excluding the basic structure.
- During an emergency under Art. 352 the rights guaranteed under Act. 19 and 3 / cease to have any value.
- The constitution under Art. 21-A has guaranteed the Right to Education to children belonging to the age group of 6 to 14 years.
- These rights are enjoyed by the citizens of India when they live in India and abroad.
- Parliament can modify by law as to the application of fundamental rights to the members of armed forces or to any other persons.
- These rights are superior to ordinary laws of the land and directive principles. If any law of the Union or state goes against any right it is declared void.
Question 8.
Describe the fundamental rights of the Indian citizens?
Answer :
a democratic constitutional Indian constitution has incorporated a list of fundamental rights for the citizens. These rights are mostly political in character and they are essential For the development of individual personality. Some of these rights are meant for aliens, but all them are useful for citizens. These fundamental rights are constitutional in character and justifiable in nature. In case of violation, the courts can enforce them by the issue of writs.
The original constitution prescribed for seven fundamental rights-, but the 44th Amendment Act of 1979 has deleted the right to property from fundamental rights, so we now enjoy only six fundamental rights which can be discussed below.
Right to Equality :
The constitution under Art. 14 to 18 has discussed about right to equality. Art. 14; guarantees equality before the law and equal protection of laws to all citizens within India. Art. 15 prohibits discrimination on grounds, of religion, race, caste, sex or place of birth, etc. in regard to access to shops, public restaurants, hotels and places of public entertainment, or the use of roads and place of public resorts ‘ maintained wholly or partly out of state funds.
But, the state can make special provisions for women and children, (c) Art. 16 grants of opportunity to all citizens in matters of employment under the state. But, reservations for backward classes does not hinder this equality, (d) Under Art. 17 untouchability is abolished and its practice in any form is forbidden, (e) Art. 18, denies conferment of titles and honors except that of military or academic in character.
Right to Freedom:
This right is mentioned from Arts. 19 to 22. As per Art. 19. All citizens of India shall have the right.
- to freedom of speech and expression;
- to assemble peacefully without arms;
- to form associations or unions;
- to move freely throughout India;
- to reside and settle in any part of India, and
- to practice any profession, trade, or business.
Article 19 (2) provides that the right to freedom is not absolute in nature, and the state can. impose reasonable restrictions on those rights in the interest of the state, and friendly relations with the foreign state. public order or in matters of Article – 20 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. Article – 22 deals with protection against arbitrary arrest and detention.
Right against Exploitation :
Article 23 of the constitution prohibits all forms of forced labor, unpaid labor, and traffic in human beings. It frees the poor, downtrodden, and dumb people of the Indian states from the curse of beggars. Further Article – 24 provides that no child below the age of 14 years shall be made to work in any factory or mines or engaged in any other hazardous work. Thus it gives security to the weaker sections.
Right to Freedom of Religion:
Article 25 provides that all persons are equally entitled to freedom of conscience and the right to profess, organize and propagate religion subject to public order, morality and health.
Article 26 provides, that subject to the moral order, public order health, every religion, denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religions to owe and acquire movable and immovable property and to administer such property in accordance with the law.
Article-27 provides that no person shall ‘ be compelled to pay any tax which are expended for the purpose of promotion of any particular religion. Article 28 provides that no religious instruction shall be provided in any educational institution with entirely managed funds. But it is not applicable to institutions which have been established under an endowment or trust.
Cultural and Educational Rights:
Cultural and educational rights have been guaranteed from Article-29 to 30. Article 29 provides that any citizen residing in any part of the territory of India having a distinct language, script, or culture of its own, shall have the right to conserve the same. No citizen shall be prohibited to take admission into any educational institution maintained by the state or receiving aid from out-of-state funds.
According to Article 30, all minorities are guaranteed cultural freedom too. preserve its language, script and culture. All minorities possess right to establish and manage educational institutions at their own. The cultural and educational rights of minorities are constitutionally protected. 6. Right to Constitutional
Remedies:
The right to constitutional remedies refers to the enforcement of the rights mentioned in the Constitution. Article 32 provided that the Supreme Court shall uphold the fundamental rights and entitles the citizens to go to such court by appropriate proceedings for the enforcement of fundamental rights.
According to Article 32 the Supreme Court is the protector of fundamental rights. The Supreme Court can accept direct complaints for the violation of the fundamental right and may also hear appeals against the decision of the High Court. But in case of emergency, some of the fundamental rights can be suspended.
Question 9.
Discuss various writs issued by the judiciary for the protection of Fundamental Rights?
Answer :
The constitution has empowered the Supreme Court to act as the guardian of fundamental rights. The Supreme Court can protect it on the basis of issuing various writs which are five in number. These are Habeas Corpus, Mandamus, Prohibition, Quo-warranto, and Certiorari which are discussed below in detail.
Habeas Corpus :
Habeas Corpus is a Latin term which means to have the body. This is the power of the Supreme Court to ask the Government or the executive authority about the allegation against the person, whether the ‘person has been lawfully ‘detained or not.
If a person is found to have been arrested without having any valid reason, the court orders for his release. The sole purpose behind issuing the writ of Habeas Corpus is to ensure the liberty of a person who has been confined without any legal justification. This writ is issued by the Supreme Court and the High Court.
Mandamus :
Mandamus is a Latin word that refers to “We order”. Mandamus is an order which commands a person or to authority to do a certain thing that falls under his jurisdiction. Normally in India, this type of. writs are issued to. public officers. It is used for public purposes to ensure the performance of public duties.
Prohibition:
Usually, this type of write is issued to lower Courts prohibiting the lower court to, r Train from usurping a jurisdiction in which it is not legally competent. In other words, it is the authority of the Supreme Court and High Court in India to direct the lower court to keep itself within the jurisdiction what is assigned to lower court.
Certiorari:
Certiorari is the writ by which higher court can direct the lower court to transfer the case from lower court to higher court. It can be done before the trial or during a trial to quash an order which has been made without jurisdiction.
Quo-warranto:
The writ of Quo- warranto is issued by Supreme Court or High Court to prevent an illegal assumption to any public office. Quo-warranto means by what authority. Suppose a person who is contesting in the election is below 25 years of age and if he is elected the court can declare him unfit and the post vacant as he is under aged.
Before the enactment of the present constitution this type of writ was particularly exercised and issued by the High Court of Bombay, Madras, and Calcutta High Court but now it is being enjoyed by both Supreme Court and High Court.
Question 10.
Fundamental rights are neither fundamental nor right. Discuss?
Answer :
Though the Constitution of India has boldly declared about the fundamental rights in the Constitution, the heterogeneity and mutual opposition of certain articles of the Constitution has been subjected to scathing criticism. Many other critics are of the view that there are so many limitations on the working of the fundamental rights that practically the citizens do not enjoy much substantial rights, the fundamental rights have been described as neither fundamental nor rights because of the following reasons.
The provisions of preventive detentions suspension of Article-19 to 32 during emergency causes for direct encroach upon the fundamental rights of the people. What are given in the form of fundamental rights that are taken away on the assumption of national security and declaration of emergency by the Government of India
Further fundamental rights have left a number of important categories of rights such as the right to work, the right to rest and leisure, right to education and right to social security, So there is a vast gap between the fundamental rights guaranteed in the constitution and the limited reality of those rights in India nowadays.
Further, the frequent constitutional amendments have restricted the exercise of fundamental rights. The right to freedom which has been amended for so many times out of which the right to freedom has lost its concrete shape. Though Article 17 of the Constitution prohibits the systems of untouchability. evil still exists in various parts of the country. The frequent misuse of preventive detention has subordinated and decayed the sanctity of fundamental rights.
Though there are historic judicial interpretations in favor of the protection of fundamental rights like the judgment in 1967 in favor of the Right to property, there is no strict judicial review. Unlike the Constitution of America, the Supreme Court of India does not possess the power of judicial review which became clear in the 42nd Constitutional Amendment of 1976. In India, there is a parliamentary democracy where popular sovereignty resides in the Parliament and the Supreme Court processes no power to override the intention of the Parliament.
Further presence of Directive Principles of State Policy has caused a point of limitation over fundamental rights. In the 42nd constitutional the union legislature was of the opinion that Directive Principles of State Policy seek to promote and the interest of the community as a whole which intends to promote justice in the society but fundamental rights are concerned with the interest of the individual alone.
So the Directive Principles of State Policy should prevail over fundamental rights. From the above-mentioned reason, it is
clear that though constitutionally the fundamental rights have been guaranteed to citizens in India yet there are several loopholes that restrict the operation of fundamental rights. Various political philosophers criticize them as un fundamentalistic.
Question 11.
Make a brief statement of the Directive Principles of State policy as embodied in the constitutions?
Answer :
The Directive Principles of State Policy are the feature of the socialism, and liberalism. and Gandhism which has been discussed in Part. IV of the Constitution of India. India being a poor country where there is .uneven distribution of resources the economic fundamental rights is not possible for realization. Considering the lack of finance and backwardness of the nation the Constituent; Assembly made a special provision which are known as the Directives in order to protect the interest of all but not a few.
There are sixteen directives enumerated in the Constitution of India which extends from Articles 36 to 51 of the Constitution. The Directive Principles of State Policy are often considered guidelines to central government and the state governments. The state and central government at the time of formulation of laws should keep in mind the instructions contained in the Directive Principles of State Policy.
Those Directive Principles of State Policy are often considered as the fundamental principles for the governance of a state. Those principles are welfarist in nature and intend to promote the socio-political and economic well-being of the people. Unlike fundamental rights, the Directive Principles of State Policy are not enforceable in a court of law. But the working of the constitution since 1950 has proved that; Directive Principles of State Policy are superior in comparison to fundamental rights. Jha Directive Principles of State Policy can be broadly divided into three categories, viz.
the Gandhian Principles, the Marxian Principles, and the Liberal Principles which are discussed below:
Gandhian Principle:
Gandhian Principles are based on the ideology and principles of MK Gandhi. Those are the Revival and organization of Village Panchayats which will work as self-governing autonomous units. Promotion of village or cottage industries in rural areas. The state should take special initiative for an educational and economical promoters and progress of the backward and weaker section in society. Prevention of slaughter of cows, calves, and other milchy cattle. Prohibition of drugs and intoxicants, except for medical use.
Marxian or Socialist Principles:
Socialistic principles refer to abolition of the economic exploitation in society and the establishment of economic democracy on the basis of the socialistic pattern of society. The state should follow and implement the following principles in order to establish Marxian or socialistic principles in society. The state should endeavor to provide v adequate means of livelihood to all citizens. The state should ensure the equitable distribution of material resources of the country so as to prevent the concentration of wealth from leading to exploitation.
To ensure equal pay for equal work both for men and women. Promotion of the standards of the working class. To make provision for securing the right to work to education and to public assistance in case of unemployment, old age pension, sickness, and other similar cases.
To ensure a decent standard of living and facilities of leisure for all workers.
(3)Liberal Principles:
The third category of Directive Principles of State Policy contains some general principles which can be branded as liberal’ principles which are considered for the general well-being of the people. They are the following category. The state shall take steps to separate the judiciary from the executive in the public services of the state. Article-44provides that the state should provide for its citizens a uniform civil and criminal code throughout the territory of the country.
Article-49 provides that it shall be the obligation of the state to protect eve monuments of late or objects of historic interest. Article 51 states that the state shall endeavor to promote national peace and security, and will maintain just and honorable relations between nations in order to foster respect for international law and peace obligations, should encourage the settlement of an international dispute by peaceful arbitration.
Other than the above-mentioned principles the 42nd constitutions amendment of 1976 inserted new Jiree kinds of Directive Principle of State Policy as 39-A, 43-A & 48-A. Article-3 9-A reads that the state shall secure the operation of the legal system for the promotion of justice on the basis, of equal opportunity and shall provide free legal aid by suitable legislation or in any other way to ensure that the operation of justice is not, denied to anyone on the ground of economic or any other disabilities.
Article-43-(A) provides for the participation of workers in industries, undertakings or in any other organizations. Article-48-(A) reads that the state shall endeavor to protect and improve the environment and to safeguard the forest and will live off the country. The sole purpose behind the creation of Directive Principles State Policy is to have social and economic democracy in order to sustain the political democratic government in the interest of the state is gradually implementing the Directive Principles of State Policy.
Question 12.
Analyze the importance of Directive Principles of State Policy in the Constitutional setup of India?
Answer :
Directive Principles of State Policy is considered as the fundamental basis for the governance of India. It is a bunch of directions or principles, which are enlisted in the Constitution of India which the Central and the State Governments shall gradually implement in the administration of the state.
Originally those directive principles of state policy has been inherited Com the Irish and Spanish Constitution. The Directive Principles of State Policy are socioeconomic instructions to the government which guide the government in the affairs of formulation and execution of certain socioeconomic principles for the management of the affairs of the state.
These principles provide a criterion or standard to adjudge the performance of the ruling party. The Directive Principles of State Policy are positive in nature because it provides a wider scope to the government to enact them as the laws of the state. Unlike the fundamental rights, the Directive Principles of State Policy are not enforceable in a court of law but the Directive Principles of State Policy occupy a significant position in the administration of the state and the government should consider them with utmost importance and implement them gradually.
Significance:
The Directive Principles of State Policy are the directive or creative part of the Constitution of India. They are considered as the ideals of the Indian Constitution which seek, to promote the socioeconomic justice of the citizens of India.
The Directive Principles of State Policy are induced in the Constitution with a view to providing opportunities for state initiation in the socio-economic life of Indians. There was no legal basis behind the operation of Directive Principles of State Policy but the 42 Constitutional amendments of 1976 assigned a comparatively comfortable position to it.
Though it may not have the desired level basis yet it would be self-sufficient to say that the voice of people of public opinion is the real support in a democratic setup. If the government will display an apathetic posture toward the execution of Directive Principles of State Policy then it would likely to lose the support of the people.
The Directive Principles of State Policy act as a guideline for the legislators of the rulers in India in order to promote the welfare of the nation as a whole. The importance of Directive Principles of State Policy lies for the successful working of democracy. There is only a legal basis with regard to political democracy but it is well known and commonly accepted that political democracy without having a sound socio and economic basis would turn into a fiasco considering the socio-economic backwardness and lack of resources in India.
The Directive Principles of State Policy does riot provide an) legal basis but at the same time, it provides that the state must look after the Directive Principles of State Policy and, implement it gradually ir the interest of the community. The Directive Principles of State Policy is regarded as the foundation stone o socio-economic democracy in India. The Indian Constitution will be meaningless without Directive Principles of State Policy.
Thus, it is a matter of compulsion on the part of the particular political party not to exhibit any sign of indifferent attitude toward the execution .of tries principles because India essentially believes in socialism, and any political party may remain power but it should be instrumental for the execution of those principles.
The Constitution has specially given importance to fundamental rights and accorded it their legal status and any person or institution who violates those principles will be penalized by the legal procedure. But during the working of the Constitution since the 1950’s the Directive Principles of State Policy has enjoyed a preferential position over fundamental rights. Even the judiciary has recognized and upheld the importance of Directive Principles of State Policy.
Chief Justice Kania once remarked that Directive Principles of State Policy do not represent the will of the majority temporarily but it possesses the wisdom of the nation. Because the court was of the opinion that the fundamental rights are directed to remote political democracy and a safeguard for the protection of the individual interest but the Directive Principles of State Policy paves the way for socio and economic democracy without which no political democracy would be workable and which seeks to promote and protect the interest of all i.e.
the interest of the community. For the above reasons, Directive Principles of State Policy has been declared by the Constitution as the fundamental principles in the governance of the country. These are an asset to the progressive forces in the country which lays down the foundation stone of democracy.
Question 13.
Differentiate and distinguish between Fundamental Rights and Directive Principles of State Policy?
Answer :
The following points of distinction can be asserted between fundamental rights and Directive Principles of State Policy. The first point of difference between fundamental rights and Directive Principles of State Policy is that fundamental rights are justifiable but the Directive Principles of State Policy are not justifiable in a court of law.
If the fundamental rights are violated by any particular person or institution the aggrieved party may move to Supreme Court or High Court to get the right re¬enforced and his suffering might be redressed but if a Directive Principle is violated in cannot be re-forced in the court of law. The fundamental rights are considered as the foundation stone of the political democracy in India whereas the aim of the Directive Principles of State Policy is to ensure and achieve socioeconomic democracy in India.
Directive Principles of State Policy constitute very comprehensive political social and economic programs for the successful working, of a modem democratic state. The fundamental rights are prohibitory in nature and instruct the central and the state Government to refrain from doing certain things which would encroach upon the rights and liberties of the individual.
They are negative in character. But oft the other hand Directive Principles of State Policy are positive in nature. The Directive Principles, of State Policy, are a bunch of obligations of the state towards the citizens and the subjects which intend for the improvement or upliftment of the socio-economic conditions of the citizens.
These directives are affirmative instructions to the government to do certain things. The Directives are non-justifiable and in case of conflict between fundamental rights and directive principles these principles run subsidiary to the fundamental rights. The directives are to ‘ be implemented carefully so that fundamental rights are not infringed. In case of conflict, the rights prevail upon the directives.
Question 14.
Discuss the Fundamental Duties of the Indian Citizens?
Answer :
The Indian Constitution on the lines of the Japanese, Chinese and Soviet constitutions has mentioned about fundamental duties under Art. 51-(A) in Part IV-A. These duties were inserted. into the constitution after the 42nd Amendment Act of 1976. Initially, there were ten fundamental duties but after 86th Amendment Act, of 2002 one more duty was added making it eleven. The duties are the responsibilities of the I citizens and with their inclusion into the constitution it was expected that all Indians The duties are enumerated below:
would be playing their part in the die nation-building process.
- To abide by the constitution and respect its ideals and institutions, the National Flag and National Anthem.
- To Cherish and follow the noble ideals which inspired our national struggle for freedom.
- To uphold and protect sovereignty. Unity and integrity of India.
- To defend the country and render national service whenever called upon to do so.
- To promote harmony and spirit of common brotherhood among all the people of India and to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of Our composite culture.
- To protect and improve the natural environment including lakes, rivers, and wildlife, and to have compassion for living creatures.
- To develop scientific temper, humanism, and the spirit of inquiry arid reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
- All Indian parents to send their children to school between the age of 6 to 14 years.
Question 15.
Narrate the Socialistic Principles of the Directives?
Answer :
The socialistic principles of the directives underline the goal of a welfare state. These principles are meant for the poor backward people, women children, and the working class. These principles can be enumerated below.
- The state shall strive to promote the welfare of the people by securing a social order in which social, economic and political justice will prevail. (Art. 38)
- The state shall provide adequate means of livelihood to all citizens, men, and women. (Art. 39)
- The state shall secure the equitable distribution of material resources of the community to ensure common good. (Art. 39-(b)
- The state shall regulate the economy. system in such a way as to prevent the concentration of wealth and means of production in a few hands. (Art. 39-(c))
- The state shall try to provide equal pay for equal work for both men and women. (Art. 39-(d))
- The state shall try to protect the health and strength of workers, men, and women, to protect the children from entering vocations. Unsuited to their age and strength. (Art. 39-(e))
- The state shall try to protect children and youth from exploitation, and moral and material abandonment. (Art. 39-(f))
- Art. 39-(A) has been added after the 42nd Amendment Act, 1976 which states that: the state shall provide free legal aid to people, to economically disabled persons to secure social justice; and to secure participation of works in the management of industries.
- The state shall try to secure right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement and in other cases of undeserved want. (Art. 41)
- The state shall try to make provisions for securing just and humane conditions of work and for maternity relief. (Art. 42)
- The state shall try to secure to all workers’ right to work, a living wage, conditions of work, a decent standard of life, and full enjoyment of leisure and socio-cultural opportunities. (Art. 43)
- The state shall try to promote the educational and economic interests of the weaker sections of the society and to protect them from injustice and all forms of exploitation. (Art. 46)
- The state shall try to raise the (eve: of nutrition and the living standards of the people and improve public health.
