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Q1. Write true or false against each of these statements:
The Constitution
guarantees remedy against violation of Rights.
Ans: True
Q2. Write true or false against each of these statements:
Every country of
the world has a Bill of Rights.
Ans: False
Q3. Write true or false against each of these statements:
A Bill of Rights
protects the liberties of an individual.
Ans: True
Q4. Write true or false against each of these statements:
A Bill of Rights
lays down the rights enjoyed by the people of a country.
Ans: True
Q5. Which of the following is the best description of
Fundamental Rights?
1. All the
rights an individual should have.
2. All the
rights given to citizens by law.
3. The rights
given and protected by the Constitution.
4. The rights
given by the Constitution that cannot ever be restricted.
Ans: 3. The rights given and protected by the Constitution.
Q6. Which of the following is a correct interpretation of the
Cultural and Educational Rights?
1. Only children
belonging to the minority group that has opened educational institution can
study there.
2. Government
schools must ensure that children of the minority group will be introduced to
their belief and culture.
3. Linguistic
and religious minorities can open schools for their children and keep it
reserved for them.
4. Linguistic
and religious minorities can demand that their children must not study in any
educational institution
except those managed by their own community.
Ans: 2. Government schools must ensure that children of the minority group will be introduced to their belief and culture.
Q7. Read the following situations. Which Fundamental Right is
being used or violated in each case and how?
Andhra society
runs Telugu medium schools outside Andhra Pradesh.
Ans: Cultural and educational rights used in this case because
all minorities, religious or linguistic can set up their own
educational institutions to preserve and develop their own culture.
Q8. Read the following situations. Which Fundamental Right is
being used or violated in each case and how?
Overweight male
cabin crew are allowed to get promotion in the national airlines but their
women colleagues who gain
weight are penalised.
Ans: Right to equality is violated because discrimination made between sexes in employment.
Q9. Read the following situations. Which Fundamental Right is
being used or violated in each case and how?
People displaced
by a big dam take out a rally demanding rehabilitation.
Ans: Freedom to assemble is used in this case as people can
gather peacefully and without arms seeking their demand from
government.
Q10. Read the following situations. Which Fundamental Right is
being used or violated in each case and how?
A director makes
a documentary film that criticises the policies of the government.
Ans: Freedom of speech and expression is used because the documentary reflects director's opinion about government.
Q11. Which of the following is a violation of Fundamental
Rights and why?
1. Not paying
minimum wages.
2. Banning of a
book.
3. Banning of
loudspeakers after 9 pm.
4. Making a
speech.
Ans: 1. Not paying minimum wages.
2. Banning of a
book.
Explanation:
Not paying
minimum wages is a violation of fundamental right as it is a form of
exploitation. Banning of a book is
against freedom of expression of the citizens.
Q12. Read the statement by Somnath Lahiri in the Constitutent
Assembly quoted in this chapter. Do you agree with him? If yes,
give instances
to prove it. If not, give arguments against his position.
Ans: Yes, the given statement by Somnath Lahiri in the
Constitutent Assembly. The minimum rights have been conceded and
are almost
invariably followed by a proviso. Many instances of this are:
Everyone is free
to choose a religion and practice that religion but government can impose
restrictions on the
practice of
freedom of religion in order to protect public order, morality and health.
Freedom to
assemble is to be exercised peacefully and without arms but government may
impose restrictions in
certain areas
declaring the assembly of five or more persons as unlawful.
Right to
personal liberty states that no one can be arrested without being told the
grounds for such an arrest but
there is proviso
of preventive detention according to which if the government feels that a
person can be a threat
to law and order or to the peace and security of the nation, it can detain or arrest that person.
Q13. An activist working among the poor says that the poor don’t
need Fundamental Rights. What they need are Directive
Principles to be
made legally binding. Do you agree with this? Give your reasons.
Ans: Any answer supported with argument or explanation would
solve the purpose. It is strongly recommended that you
prepare the
solution on your own. However, one sample solution has been provided for your
reference:
No, I do not
agree with this statement. Fundamental Rights cannot be denied to any section
of the society and this
is applicable to
the poorer sections as well. While implementation of directive principles is
required for improving
the condition of
the poor, fundamental rights are universal as they ensure dignity to every
citizen and form the
basis for
equality among people.
Certain rights
like right to constitutional remedy are important to secure protection for the
poorest and weakest
sections of the
society from the arbitrary action of the state.
Enforcement of
directive principles is important for ensuring social, economic and political
justice. However,
freedom of expression is still required to raise voice against any form of discrimination or injustice.
Q14. Several reports show that caste groups previously
associated with scavenging are forced to continue in this job. Those in
positions of
authority refuse to give them any other job. Their children are discouraged
from pursuing education. Which
of their
Fundamental Rights are being violated in this instance?
Ans: Right against exploitation is violated because certain
caste groups are forced to continue the same job.
Right to Freedom
is violated as it grant people to practise any profession but in this instance
authority refused to
give certain groups
any other job. Also, Right to Freedom provide right to education which is also
denied in this
instance as children are discouraged from pursuing education.
Q15. A petition by a human rights group drew attention of the
court to the condition of starvation and hunger in the country.
Over five crore
tonnes of food grains was stored in the godowns of the Food Corporation of
India. Research shows that a
large number of
ration cardholders do not know about the quantity of food grains they can
purchase from fair price
shops. It
requested the court to order the government to improve its public distribution
system.
1. Which
different rights does this case involve? How are these rights interlinked?
2. Should these
rights form part of the right to life?
Ans: 1. The different rights this case involve are:
Right to speech
and expression and protection of life (under Article 19 of right to freedom.)
Right to
constitutional remedy.
These rights are
interlinked as freedom of speech provides the basis for constitutional
remedies. Unfair distribution of
food grains
might deprive certain groups or families from required nutrition. That might
become threat to life and
wellbeing.
2. Yes, these rights form part of the right to life as they are essential for the livelihood of people.
Q16. Which of the Fundamental Rights is in your opinion the
most important right? Summarise its provisions and give
arguments to show why it is most important.
Ans: The right to constitutional remedies is the most
important right. The provisions of this right include the right to move
the courts for
issuance of writs. The Supreme Court and High Courts can issue directives to
the government for the
implementation
of rights. The special orders issued by courts for enforcement of rights are as
follows:
Habeas Corpus: The court can order the arrested person to be presented
before it under the write of Habeas
Corpus. It can
also order the release of a person arrested on unlawful grounds.
Mandamus: This write is issued by courts when a particular official
does not perform the assigned legal duty and
violates upon
the rights of the individual.
Prohibition: This write is issued by a higher court when a case is
beyond the jurisdiction of lower court.
Quo Warranto: This write is issued by the court when it finds an
individual holding the office, which is not entitled
to him.
Certiorari: The court orders the transfer of a pending matter from a
lower court or another authority to the higher
court.
The Right to
Constitutional Remedies provides a legal solution within the framework of the
constitution, to the violation
of fundamental
rights and provides a check on state power. This is the most important right as
it safeguards the other
fundamental
rights. It ensures the realisation of other rights as well as providing a
defence for them. According to Dr.
Ambedkar, this right is the 'Heart and Soul of the Constitution'.