Odisha State Board CHSE Odisha Class 11 Political Science Solutions Unit 3 Indian Constitution Short Answer Questions.
CHSE Odisha 11th Class Political Science Unit 3 Understanding Political Theory Short Answer Questions
Short Question With Answers
What were the functions of the constituent assembly of India?
The constitution assembly was formed to prepare the new constitution of India and To act as the union legislature till the new parliament was formed.
What was the importance of the Drafting committee?
The drafting committee played an important role in drafting the new constitution of India. It was the future ruling pattern of India.
What do you mean by objective resolution?
Objective resolution refers to the aims and objectives of the constitutional frames expressed in the form of a resolution. It was approved by the constituent assembly on 22nd January 1947.
Why Indian constitution has been so large?
The constitution of India is so large because it contains provisions both for the union government and states. The length of the constitution increased in view of the detailed analysis of every provision to make it clear to the people.
What is an ideal constitution?
An ideal constitution is a document that has the ability to develop and V change in accordance with changes in time and circumstances. Its language must be simple clear andunamigous
What is the preamble?
A preamble is a brief introduction about the constitution. It contains ideals and objectives of the constitution in a nutshell.
What does the term we the people of India imply?
The term we the people of India implies the source of the constitution and its democratic character. It was framed by a group of representatives of Indian people.
What are the main sources of the constitution?
The Government of India Act. 1935. The parliamentary statutes and debates. The constitution of UK, Canada, Australia, Ireland, Germany, Spain and South Africa etc.
Why India is called a secular state?
India is called a secular state because
There is no state religion in India and All religious communities are treated equally by the state. People enjoy the freedom of religion and worship.
Why India is called a sovereign state?
India is called a sovereign state because it is independent and free from the influence of any foreign country. The decision of the government of India is found delating internal administration and foreign policy.
Why India is called a socialist state?
India is called a socialistic state because, it seeks to provide social, economic, and political justice to the people. The government gives priority to the public sector and seeks to abolish economic exploitation and provide basic minimum needs to all.
Why India is called a democracy?
India is called a democracy because the constitution has set up parliamentary representative democracy in India. The people enjoy fundamental rights and the media and judiciary remain free from Govt, control.
Why India is called a Republic?
India is called a republic because the head of state, the president is elected by the people indirectly Again any ordinary citizen can contest and assume the office of the president of India.
Why Indian constitution is called an enacted constitution?
Indian constitution is called an enacted constitution because it was ‘ framed by a constituent assembly.’ It was enacted on 26th November 1949 by the constituent assembly.
India is a union of states?
Art. 1 declares India as a union of states. That means the federal structure of ” India can’t be changed by the decision of states.
Why India is called a quasi-federal state?
Prof. K.C. where describes India as a quasi-federal state. It means that India is organized on federal lines but it works as a unitary state.
Is the Indian constitution rigid?
Indian constitution can’t be considered exclusively either as a rigid or flexible constitution. The procedure of amendment is a mixture of both rigidity and flexibility.
What is single citizenship?
Single citizenship means only the union government has the power to grant citizenship. It is found in a unitary state, but in India single citizenship is preferred to maintain national unity and integrity.
What is judicial review?
Judicial review refers to the power of the supreme court to examine the constitutional validity of the law. If it finds any law or decision violating the constitution the court declares such law unconstitutional.
What do you mean by fundamental rights?
The fundamental rights are the most valuable rights which are mentioned in part – III of the constitution. These rights are justiciable in nature, therefore in case of violation, the court takes immediate redressal measures.
What is Right to Equality?
The right to equality is a fundamental right which is guaranteed under Art 14 to 18 of the constitution. This right is available both for citizens.
What is equality before law?
Equality before law means all are equal in the eyes of law. The law courts the judges and the legal system gives equal protection to all citizens.
Importance of Art. 19?
Art. 19 guarantees six fundamental freedoms to Indian citizens. These include freedom of speech and expression freedom to assemble peacefully without arms, freedom of association, freedom of movement, freedom of settlement & freedom of profession trade or business.
Traffic in human beings?
Traffic in human beings means exploitation and unlawful treatment of weaker sections of society. It prohibits men and upper classes from exploiting women, children, and backward classes.
How the fundamental rights differ from legal rights?
The fundamental rights are guaranteed and protected by the institution, but the legal rights are protected by law. The legal rights can be amended by ordinary legislation, but fundamental rights can be amended only by constitutional amendment.
Which fundamental rights are available both for citizens and aliens?
Right to equality under Art. 14 and Right to life liberty and property under Art. 21 are available both for citizens and aliens
Right to education?
Right to education is now a fundamental right under Art. 21 (A) It is inserted into the fundamental rights by the 86th amendment act. 2002. It provides for free and compulsory education to all children below 14 years of age.
Right against exploitation?
This right is guaranteed under Art. 23 and 24 of the constitution. It seeks to give protection to the weaker sections of society, including women, children and backward classes from the exploitation of rich and male-dominated society.
What is protective discrimination?
The constitution of India under Art. 15 (3) and provide for protective discrimination. It enables the scheduled castes, scheduled tribes, women- and backward classes to avail special reservations in admission to educational institutions and in public service.
Habeas Corpus is a writ issued by a superior court against any public authority. It is issued against unlawful arrest and detention.
The writ of Mandamus is issued by a superior court to any person or ‘ public authority to perform a legal duty. It is a direction to perform ministerial acts.
What is Prohibition?
The writ of prohibition is issued either by Supreme Court or High Court to an inferior court against excessive jurisdiction. It prevents a lower court from handling cases beyond the jurisdiction
A certiorari is a writ issued by the superior court to any lower court against excessive jurisdiction. It is issued to quash the order and decision of the court or tribunal.
The writ of quo warm to is issued by a superior court to any public authority against the illegal assumption of public office. It prohibits illegal appointments to public service.
Importance of Art. 32?
The Indian Constitution Under Art. 32 grants right to constitutional remedies. As per the article, in the case of. violation of the fundamental rights of a citizen, he can move to the Supreme Court for immediate redressal.
Objectives of Directive Principles?
The objectives of directive principles of state policy are To make India a welfare state and To create conditions for socio-economic democracy in India.
The fundamental duties are the moral responsibilities of the citizens towards the state. These are non-justiciable in nature.
Right to the property?
The right to property was a fundamental right up to 1978, but it was deleted in 1978 by 44th Amendment Act. Now it is a legal duty under Art. 300 A.
Right to Education?
Right to Education is a fundamental right under Art. 21 (A). It provides for free and compulsory education to all children belonging to the age group of 6 to 14 years.
Right to life?
Right to life is a fundamental right under Art. 21. It states that no one shall be deprived of his life and liberty except, according to procedure established by law.
Right to Information Act. 2005?
The Right to Information Act, 2005 seeks to promote transparency and accountability in the working of the government. It helps in containing corruption and makes the citizens aware about the activities of the government.
What is preventive detention?
The constitution of India under Art 22 provides for preventive detention of criminal and anti-socials beyond 24 hours. Under this provision any person whose presence is apprehensive of creating social disorder and violence, he may be kept under legal custody for three months even without violating law.
What constitutes the basic structure of the constitution?
Basic structure comprises of some values ideals and principles of the constitution which lay its foundation, According to eminent justice, it includes parliamentary democracy, fundamental rights, preamble, secularism, republican model, independent judiciary and centralized federation, etc.
What is free legal aid?
The constitution of India under Art. 39A under the Directive Principle makes provision for free legal aid to the poor and underprivileged sections of society; Under the provision, the state government bears the cost of fighting legal battles against those exploiting women, poor and distressed people.
Constituent Assembly of India?
The new constitution of India was framed by die constituent Assembly, (b) It comprises of all the eminent lawyers. Intellectuals, social activists, and political leaders of India of that time. It was a representative body that prepared the constitution within 2 years 11 months and 18 days. It played the role of parliament till the new parliament was elected. Its members were elected indirectly by the provincial legislatures on the basis of population.
Cabinet mission plan?
Cabinet mission. came to India in the year 1946 to discuss about the grant of independence to India. Prime minister clement allee sent three of his cabinet minister, Sir Stafford Cripps, A’.V. Alexander and Lord Pathik Lawrence as members of the mission. The mission held discussions with Indian leaders, leaders of the Muslim League, and administrators about the ways and means to concede independence. The mission proposed for a ‘Constituent assembly to be formed to prepare the new constitution of India. It recommended for a federal setup in India with Indian provinces and princely states.
The drafting committee was instrumental for framing the new. constitution of India. It comprises of Dr. B .R.Ambedkar as the chairman and N. Gopalswamy Ayengarm, Alladi Krishnaswamy, Nyer, K.M. Munsi, Mahammad Saddik, N. Madhab Rao and T.T. Krishiiamachari as members. This committee prepared the draft of the whole constitution and got it approved. It had 55 sessions continuing for 114 days and on 4th November 1948 submitted the draft constitution for approved. Dr. Ambedkar played a leading role as its chairman for which he is regarded as the father of Indian constitution.
Objective Resolution of the constituent Assembly was initiated by Pandit Nehru on 13th December 1946. It was approved on. 22nd January 1947 by the constituent assembly. This resolution contained the aims and aspirations of the founding fathers relating to the future of India. It proposed to make India, a sovereign Independent Republic. Besides, it also resolved to ensure social political and economic justice to the people of India along with liberty and equality.
Write at least five important features of Indian Constitution?
- Longest written constitution.
- A balance between rigidity and flexibility
- Federal in form but unitary in spirit
- Parliamentary democracy; and
- Secular State
What does the preamble to the constitution imply?
The preamble implies an introduction to the Constitution. It embodies the objective, ideals, sentiments and aspirations of the nation. It is a key to understanding the nature and spirit of the Indian Policy. It speaks about the source of the Constitution and the date of its adoption. The preamble indicates the general purpose for which people have ordained and established Constitution.
What are the source of the Indian Constitution?
The contents of the Indian Constitution have been derived from different sources out of which the important ones are given below.
The Government of India Act, of 1935 has been the most important source of the Constitution. The British Constitution has influenced it the most. The fundamental rights have come from the American constitution. The Irish constitution, the Weimar Constitution of Germany the Canadian Constitution and the Constitution of the South African Republic have also influenced the Indian Constitution.
How does the Preamble depict the characteristics of Indian Constitution?
The preamble outlines the following characteristics of Indian Constitution. India is a sovereign independent community. India is a republic. India has a democratic form of government. The constitution ensures justice, liberty, equality and fraternity. It seeks to harmonize dignity of the individual with unity of the nation. It establishes popular sovereignty and seeks to follow socialistic and secular principles.
India is a Sovereign Socialist Secular Democratic Republic Discuss?
The Preamble reads India as a Sovereign, Socialist Secular Democratic Republic. India is sovereign both internally and externally and it believes in socialistic principles. India has no state religion and the Constitution grants equal status to all religions. Indian policy is organized on democratic principles and the President being the head of state is elected hence it is a republic.
Why is Indian Constitution so long?
Indian constitution is the longest written Constitution in the world having 395 Articles and 12 Schedules. The factors responsible for the extra length of the Constitution are as follows. The constitution is meant both for the Union and the States. Everything in the Constitution has been discussed in detail.
The diversity of the Indian culture necessitated special provisions for which the Constitution has been so long. Besides the above factors, detailed chapters on fundamental rights, Directive Principles, emergency provisions, center-state relations and fundamental duties have added to the size of the constitution.
Why is Indian Constitution supposed to be a bag of borrowings?
The Indian Constitution was framed following the major democratic constitution of the world. The British Constitution America, Irish, Australian and Canadian Constitutions, etc. have significantly influenced the framers, but that does not mean that the principles and ideals of the Constitution are borrowed: The framers have borrowed most of the provisions from Western countries and modified them to suit to Indian conditions and the people. It will be wrong to brand as a borrowed constitution.
Indian Constitution is federal in form but unitary in spirit. Discuss?
Indian constitution has designed the country on the principles of a federation but it works more or less as a unitary state. The framers adopted a federal form of government on account of its vastness but declared it as a union of states. Despite all federal features, the union government is given an upper hand in every sphere. The union Govt enjoys more powers and it can at times change the federal structure into a unitary one. The framers have made a happy blend between unitarism and federalism for which it is supposed to be federal in form but unitary in spirit.
Why is India called a Quasi Federal State?
A quasi-federal state is one which is neither completely unitary nor federal in character. Prof. K.C. where has criticized India’s federal character as was quasi-federal. India is organized on the basis of the federation but works on unitary lines. The union government enjoys more powers than the states and the framer can suspend the state government on various grounds. The Union Govt, through the office of the Governor, All India Services, Planning Commission, National Development Council and Finance Commission, etc. can influence the Govt, at the state. Therefore, India is called a quasi-federal state.
Is Indian Constitution a rigid one?
No, Indian Constitution does not come along the lines of a rigid Constitution as that of the U.S.A. Most parts of the Constitution can be amended by simple procedure of legislation. Only the federal features of the Constitution are rigid. Those matters can be amended if a majority of both houses of Parliament coupled with the 2/3rd majority of those present and voting support the motion.
Therefore, the Constitutional amendment is sent to the state legislatures for ratification. If at least half of the states approve the proposal the amendment is effected. This rigid procedure applies only to a few items.
Indian Constitution is flexible. Discuss?
A flexible Constitution is one which can be amended easily, by the simple procedure of legislation. Most parts of the Constitution can be amended Iggy this process but there are still important matters which need to be amended by the rigid process. As the constitutional framers have made a compromise between rigidity and flexibility it can not be described as i flexible Constitution.
Briefly state the Preamble of the Indian Constitution?
The Preamble of the Indian Constitution reads as follows: “WE ‘THE PEOPLE OF INDIA” laving solemnly resolved to constitute India intoa 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, land to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation. IN OUR CONSTITUENT ASSEMBLY, this twenty-sixth day of November 1949, do hereby ADOPT ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
What is the importance of the term ‘We the people of India’?
The Preamble starts with the phrase ‘We the people of India which illustrates that the people of India are the maker of the Constitution. It speaks about the representative character of the Constitution and accepts people as the ultimate sovereign. The constitution is a popular document which is not imposed on the people but deliberately prepared by a representative Constituent Assembly.
Is India is a sovereign state?
Yes, India is a sovereign state and the preamble of the constitution declares about its sovereign character. Internally and externally. India is supreme. Externally, the country is free from any outside authority and it has accepted the membership of international organizations voluntarily internally, it is competent to adopt its domestic policies and regulate the behavior of its nationals and organizations.
Is India is a Secular State?
Yes, India is a secular state. A secular state is one which is neither anti-religious nor irreligious. It grants equal status and freedom to, all religions. There is no state religion in India and no religious discrimination is practiced. The Constitution has guaranteed right to freedom of religion to the citizens which symbolizes the secular character of the constitution.
Why is lndia called a democratic republic?
The Preamble declares India as a democratic republic. The Indian political system is organized on a comprehensive democratic basis. The parliament and the state legislature are elective bodies and the franchise is extended to all adult citizens universally. The Govt, of India, is elected by the people periodically and remains. responsible.to them. It is a republic because the President being the head of State is elected indirectly. Thus India is called a democratic republic.
Is India a Welfare State?
Yes, India is a secular state ordained under Art. 38 of the Constitution. The Directive Principles also embody the principles of a welfare state. The constitution states that the ownership and control of material resources shall be distributed equally to subserve common good. The Govt provides special assistance to the educationally, and economically backward sections of the community. The five-year plans and the socialistic principles are implemented in the country to make India a welfare state.
What is single citizenship?
Single citizenship means that in India the power to grant citizenship has been conferred upon the union government only. The state has no authority in this regard. All citizens residing anywhere within India irrespective of their residence or place of birth, are the citizens of India. This idea is supposed to promote a sense of unity among Indians.
What are the five pillars of the Constitution?
The five pillars of the constitution are
- the election commission,
- the Finance Commission
- the Union Public Service Commission
- the Attorney General and
- the Auditor-General of India.
These constitute the heart of the democratic structure.
What are the basic philosophy of the Constitution?
The basic principles embodying the philosophy of the constitution are as follows:
- Popular sovereignty,
- Federal system
- Fundamental rights of the citizens,
- Directive principles of state policy,
- Judicial independence
- Parliamentary system
- Supremacy of the Union Government.
How the Indian Constitution can be amended?
The Indian constitution can be amended by the Parliament under Art. 368. The parliament by required majority can make addition, variation or repeal any provision of the constitution. Such a proposal can be initiated in either House of Parliament and after approval, it is submitted to the President for assent. The President, can’t reject such a proposal and after President’s assent, necessary amendments may be effected.
Why India is called a socialist state?
India is called a socialist state, because of the following reasons. The Govt, of India, acts on socialistic lines. The Govt is committed to securing socio-economic and political justice to the people by ending all forms of exploitation. It undertakes economic planning to ensure equitable distribution of wealth and income.
What is the importance of the Preamble to the constitution?
A preamble is an introduction to the constitution. It underlines the philosophical foundations of the constitution and its objectives. It outlines in a nutshell the ideals and objectives of our constitution. It lays down the pattern of our political setup, that is to make India a sovereign, socialist, secular, democratic republic. It speaks about the source of constitution And the date of its, adoption.
Is, the Preamble a part of the constitution?
This is a controversial question. As per the decision of the Supreme Court on the transfer of the Berubari Union and exchange of Enclaves, the Preamble is not a part of the constitution. But the apex court modified its decision: in the Keshavananda Bharati case and regarded the preamble as a part of the constitution. In fact, it forms a part of the basic structure as it defines the. structure and philosophy of the constitution.
How the Constitution of India has safeguarded the interests of S.Cs and STs?
The Indian constitution under Part XVI has specified special provisions for safeguarding the interests of Scheduled Castes Under Art – 330 seats have been reserved for them in the Lok Sabha and under Art. 331 and 332 in the State Legislatures. They are given special facilities to join public service, to get promotions, and to get admission into colleges, universities, and- professional institutions.
Which four new languages have been added to the VIIIth Schedule by the 100th Amendment Act?
The four languages which have got an entry into the VIIIth Schedule by the 100th Amendment Act are, Bodo, Dogri, Maithili and Santhali.
Name five major sources of Indian Constitution?
The five major sources of Indian Constitution are:
- The Govt, of India Act, 1935
- Provisions of foreign constitutions.
- Records of debates and discussions in the constituent Assembly.
- Parliamentary statutes and judicial decisions.
- The ideals and values of freedom struggle.
86th Constitutional Amendment, 2002?
The Parliament passed the 86th Amendment Act, in 2002. It provides for Inclusion of Art. 21 (A) Whereby all children under the age group of 6 to 14 years of age are given the fundamental right of free and compulsory education. It added a new duty in Art. 51(A) increasing the number to 11. By this amendment, it has become the duty of the parents to send their children from 6 to 14 years of age to school.
What do you mean by fundamental Rights?
- Fundamental Rights are those rights guaranteed in the constitution.
- It ensures the development of individual personality.
- These rights are guaranteed and protected by the state.
- The fundamental rights are superior to ordinary laws.
- These rights are the bedrock of Indian democracy.
- The Government cannot make laws violating any of these rights.
Name the six Fundamental Rights?
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right of Freedom of Religion
- Educational and Cultural Rights
- Right to Constitutional Remedies
What do you mean by Right to equality?
Right to equality is the first fundamental right guaranteed to the citizens. It refers to equality before law and equal protection of laws. If eliminates the possibility of all discrimination against a citizen on grounds of religion, race, sex, caste or place of birth. It guarantees equality of opportunity to all in matters of public employment. It seeks to abolish untouchability to ensure social equality. The constitution prohibits all titles and honors for the Indian except that of military or academic character to maintain proper equality.
What are the six freedom guaranteed under Art19?
The six freedoms guaranteed under Art. 19 are:
- Freedom of speech and expression.
- Freedom to assemble peacefully without arms.
- Freedom to form associations or unions.
- Freedom to move freely throughout the territory of India.
- Freedom to reside and settle in any part of India.
- Freedom to practice any profession, occupation, trade, or business.
What does Right against Exploitation imply?
The right against exploitation is a fundamental right which seeks to prohibit all forms of exploitation of the children and women. It prohibits forced labor and traffic in human beings. It prevents child below 14 years to be employed in any factory or mine where there is danger to life. It also opposes the illegal use of women for immoral purposes. This right is meant for the weaker sections of the community.
What does the Right to Freedom of Religion imply?
The Right to Freedom of Religion implies secular character of the state. It has been explained under four articles:
- Art. 25 states that all persons are equally entitled to freedom of conscience and the right to profess, propagate or practice any religion.
- Art. 26 grants the freedom to establish and maintain religious institutions for religious or charitable purposes.
- Art. 27 provides that, no person shall be ” compelled to pay any tax for the promotion of any particular religion.
- Art. 28 states that no religious instruction shall be provided in any educational institution wholly maintained by the state funds.
What is the meaning of Right to constitutional remedies?
This is the sixth fundamental right which provides remedial measures for the enforcement of fundamental rights. This right is conferred under Art. 32 of the Constitution and it empowers the Supreme Court to uphold the fundamental rights of the citizens. If the fundamental rights of a citizen are violated he can move to the Supreme Court under Art. 32 or High Court under Art. 226 for redressal. The court can issue appropriate writs to provide- relief to the affected persons.
What are the different kinds of writs issued by the courts for the redressal of fundamental rights?
There are five kinds of writs issued by the courts for the redressal of fundamental rights. These writs are
- Habeas Corpus
- Certiorari, and
What is the purpose of the writ of Habeas Corpus?
The writ of Habeas Corpus is issued to maintain and enforce the fundamental rights of citizens. It is a Latin word which means to have one’s own body. The purpose of Habeas Corpus is to protect a citizen from unlawful arrest and detention. If a person is arrested or detained without any valid reason the court orders for his release by issuing this writ. It preserves the liberty of a person who is confined without legal justification.
What for the writ of Mandamus is issued?
The writ of mandamus is issued by the court commanding a person or authority to do his duty. This writ is used for public purposes to enforce the performance of public duties. It also enforces some privacy rights when they are withheld by the public.
What is prohibition?
It is a judicial writ issued by a superior court to an inferior court to prevent the lower court from usurping jurisdiction. The writ of prohibition is meant to check the possibility of abuse in a jurisdiction. If any case pending before the court is beyond its jurisdiction, the higher court by iásue of the writ prohibits the lower cÓurt not to hear such case.
What is Certiorari?
A certiorari is a writ issued by a higher court to a lower count for the withdrawal of a case from the latter to the former. Such a writ may be issued even before the trial of the court comes to know that anything beyond the jurisdiction of the court is pending for decision before it. Both the writs of prohibition and certiorari are intended to deal with complaints of excess of jurisdiction.
What is the purpose of Quo warranto?
Quo-warranto is a writ which is issued to prevent the illegal assumption of public office. Quo-warrantà’means by what authority. The court issuing the writ has to consider whether there has b&n usurpation of public office or not. It has been there even before the framing of the constitution.
Can the Parliament of India amend the fundamental rights?
Yes, the Parliament of India can amend any portion of the fundamental rights excluding the basis structure of the Keshavananda Bharati and others Vs the State of Kerì1a held that the f parliament has right to an end all párts of the Constitution including Part Ill without destroying the basic structure of the constitution.
What do you mean by Directive Principles of State Policy?
Directive Principles of State Policy is an important feature of the Indian constitution. These principles are discussed under part IV of the constitution and they are in the nature of constitutional directions o the state and central government to implement in administration. These directives are nonjustifiable but they are considered fundamental in the governance of the country These principles intend to play a positive role in the establishment of a socialist welfare state.
What Is the importance of Directive Principles?
The Directive Principles of State Policy have immense utility and importance in making every modem state welfare state. These principles set the foundation of socio-economic democracy in India. These are not obligatory, but they are positive guidelines for the states to observe and implement them in the day-to-day administration of the state. They are not enforceable in any court but they are considered fundamental in the governance of the country.
Name of the socialistic principles of the Directives?
The socialistic principles of the Directives contain the following.
- The ownership and control of the material resources of the community must be distributed to subserve common good.
- There must be equal pay for equal work for both men and women.
- The operation of the economic system should not lead to concentration of wealth and means of production to common detriment.
- The health and strength of the workers and tender age of children should not be abused.
Mention at least three Gandhian Principles of the Directives?
- Organization of village Panchayats and to provide them with the power of self-government.
- Promotion of educational and economic interests of the S.C. and S.T.
- Promotion of cottage industry on individual and cooperative lines in the rural sector.
What constitutes the liberal principles of the directives?
The liberal principles of the directive principles include:
- Separation of executive from the judiciary in public services.
- Provision for uniform civil code throughout the country.
- Protection of monuments and objects of historical and artistic importance.
- Promotion of international peace and security and maintaining adjustable and honorable relations with nations.
- To foster respect for international law and treaty obligations and settlement of international disputes through arbitration.
The fundamental duties are mentioned in Part – IV A, under Art – 51 (A) of the constitution. These are inserted into the text of the constitution by the 42nd Amendment Act of 1976 on the recommendations of Dr. Swaran Singh’s Committee.These are moral in character. These duties are ten in number and in 2002, the 86th Amendment has inserted another duty to the list.
Features of Indian Fundamental Rights?
The basic features of Indian fundamental rights can be discussed below:
- These rights are elaborate and comprehensive.
- Both negative and positive rights.
- These rights are not absolute.
- There are certain rights for minorities.
- They are binding upon the union, states, and other state authorities.
Right to Education?
The Indian Constitution by the 86 Amendment Act of 2002 has added a new fundamental right under Art.- 21 A, called right to education. Under this article, the govt provides free and compulsory education to all children from the age group of 6 to 14 years in such as manner as the state may by law determine.
The Fundamental Rights in India are defective in many respects.
The constitution under part – III has prescribed a comprehensive list of fundamental rights for Indian citizens. But there are certain weaknesses inherent in these rights as are given below:
- The constitution has imposed several limitations on fundamental rights.
- These rights are coded in difficult languages.
- There are no socioeconomic rights.
- The Parliament can amend fundamental rights.
- No mention about natural rights.