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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'.