NIOS Political Science (317) Notes| Chapter-6 Fundamental Rights

NIOS Political Science (317) Notes| Chapter-6 Fundamental Rights. Important questions for NIOS Political Science 317 Questions Answers brings you latest queries and solutions with accordance to the most recent pointers SOS . Students will clear all their doubts with regard to every chapter by active these necessary chapter queries and elaborate explanations that area unit provided by our specialists so as to assist you higher. These queries can facilitate students prepare well for the exams thanks to time constraint . NIOS Political Science (317) Notes| Chapter-6 Fundamental Rights

HS 2nd years Solutions (English Medium)

NIOS Political Science (317) Notes| Chapter-6 Fundamental Rights

 Intext Questions & Answers 

Q.1. Fill in the blanks selecting appropriate words/figures given in the brackets.

 1. Right to Property was removed from the list of Fundamental Rights by………….. Amendment Act of the Constitution. (42nd/43rd/44th). 

Ans.: 44th  

2. The Rights are given in Part III of the Constitution and are termed as ………. Rights (Legal/Economic/ Fundamental).

Ans.: Fundamental 

Q.2. Fill in the blanks: 

1. Right to Equality aims at an end to.. …………..discrimination (moral/social/political).

 Ans.: Social 

2. Right to Equality has…………..kinds of equalities (3/4/ 5). 

Ans.:

3. Right to…. …………….provides for the abolition of untouchability (equality / freedom / religion).

 Ans.: Equality

 4. State can make……. ………provisions for women and children against exploitation (general/special/ ordinary). 

Ans.: Special

 5. Right to Equality aims at establishing……………..equality. (social/moral/political) 

Ans.: Social

 Q.3. Each question has four options. Select the correct option by putting a tick (,✓) against one of the options: 

1. The number of freedoms guaranteed under the Right To Freedom is:

  1.  5 
  2.  8 

 Ans. : b) 6

 2. Any person arrested by the police shall have to be produced before the nearest magistrate within a period of : 

  1.  12 hours 
  2. 24 hours 
  3. 36 hours 
  4. 48 hours

Ans.: b) 24 hours

 3. A person arrested under Preventive Detention can be kept in Jail without trial for a maximum period of:

  1.  three months  
  2. six months 
  3. twelve months
  4. eighteen months 

Ans. : a) three months 

4. Right to education has been made a Fundamental Right by……Amendment Act of the Constitution (84 86/88) 

Ans.: 86 

Q.4. Fill in the blanks selecting appropriate words/figures given in the brackets: 

1. Employment of children in factories below the age of………………. is prohibited by law (14/16/18) 

Ans.: 14. 

Q.5. Fill in the blanks with the suitable words/figures given in brackets: 

1. Religion is the concern of the ………………..-in a secular state. (Individual /Society/State) 

Ans.: Individual –

 2. No ………………-education can be imparted in any educational institution wholly maintained out of state funds. (moral/religious/none of the two) 

Ans.: Religious 

Q.6. Fill in the blanks by selecting appropriate words/figures given in the brackets: 

1. Religious or linguistic -……………can establish their own educational institutions. (minorities/majority)

 Ans.: Minority 

2. In India writs are issued by …………..Courts. (lower/ subordinate/high)

 Ans.: High Court

 3. The direction of the court to the detaining authority to produce the person before it is the writ of ………….(Mandamus/prohibition/habea corpus) 

Ans. Habeas Corpus 

4. The writ to restrain a person from acting in a public office to which he /she is not entitled is known as ………………(quo warrato/Certiorari/Mandamus) 

Ans. : Quo-Warranto 

5. An order to a lower court to transfer the case to another court for its proper consideration in called the writ of………….. (Habeas Corpus/Prohibition/Certiorari

Ans.: Certiorari 

Terminal Exercises 

1. Explain the importance of Fundamental Rights as provided in the Constitution. 

Ans. The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These rights ensure the fullest physical, mental and moral development of every citizen. They include those basic freedoms and conditions which alone can make life worth living. Fundamental Rights generate a feeling of security amongst the minorities in the country. They establish the framework of ‘democratic legitimacy’ for the rule of the majority. No democracy can function in the absence of basic rights such as freedom of speech and expression. Fundamental Rights provide standards of conduct, citizenship, justice and fair play They serve as a check on the government Various social, religious, economic and political problems in our country make Fundamental Rights important in our Constitution, Fundamental Rights are enumerated in Part III from Article 14 1G 32. These rights are justiciable. 

Justiciable: Justiciable means that if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights. Our Constitution does not permit the legislature and the executive to curb these rights either by law or by an executive order. The Supreme Court or the High Courts can set aside any law that is found to be infringing or abridging the Fundamental Rights. You will read about it in detail in the lesson on ‘Judiciary’ Some of the Fundamental Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom of Religion are enjoyed by both i.e. citizens as well as foreigners. The Fundamental Rights though justiciable are not absolute. The Constitution empowers the government to impose certain restrictions on the enjoyment of our rights in the interest of public good. 

Seven Fundamental Rights were enshrined in the Constitution of India. However the Right to Property was removed from the list of Fundamental Rights by the 44th Amendment Act of the Constitution in the year 1976. Since then, it has been made a legal right. There are now six Fundamental Rights. The Fundamental Rights are:

  1.  Right to Equality 
  2.  Right to Freedom 
  3.  Right against Exploitation 
  4.  Right to Freedom of Religion 
  5.  Cultural and Educational Rights, and
  6.  Right to Constitutional Remedies, 

Recently by the 86th Amendment Act, the Right to Education has been included in the list of Fundamental Rights as part of the Right to Freedom by adding Article 21(A).

SL. No.Chapters Link
1Meaning and Scope of Political ScienceClick Here
2Nation and StateClick Here
3Distinction Between Society, Nation, State and GovernmentClick Here
4Major Political TheoriesClick Here
5Preamble and The Salient Features of The Constitution of IndiaClick Here
6Fundamental RightsClick Here
7Directive Principles of State Policy and Fundamental DutiesClick Here
8Indian Federal SystemClick Here
9Emergency ProvisionsClick Here
10Union ExecutiveClick Here
11Parliament of IndiaClick Here
12Supreme Court of IndiaClick Here
13Executive in the StatesClick Here
14State LegislatureClick Here
15High Courts and Subordinate CourtsClick Here
16Local Government: Urban and RuralClick Here
17Universal adult franchise and the methods of representationClick Here
18Electoral System in IndiaClick Here
19National Political PartiesClick Here
20Regionalism and Regional PartiesClick Here
21Public Opinion and Pressure GroupsClick Here
22Communalism, Caste and ReservationsClick Here
23Environmental AwarenessClick Here
24Good GovernanceClick Here
25Human RightsClick Here
26India’s Foreign PolicyClick Here
27India’s Relations with USA and RussiaClick Here
28India and its Neighbors : China, Pakistan And Sri LankaClick Here
29Contemporary World OrderClick Here
30The United NationsClick Here
31United Nations’ Peace ActivitiesClick Here
32United Nations and Economic and Social DevelopmentClick Here
33Public Service CommissionsClick Here
34Administrative Machinery at the Centre, States and District LevelsClick Here
35Political Executive and BureaucracyClick Here
36Public Grievances and Redressal MachineryClick Here

 2. Mention any three aspects of right to equality. 

Ans. 

  1.  .Equality Before Law 
  2. No Discrimination on Grounds of Religion, Race, Caste, Sex, Place of Birth or any of them. 
  3. Equality Of Opportunity In Matters Of Public Employment 

3. Describe six Fundamental Freedoms granted under the Right to Freedom. 

Ans. The Constitution guarantees the following six Fundamental Freedoms:

  1.  Freedom of speech and expression
  2. Freedom to assemble peacefully without arms. 
  3. Freedom to form associations or unions. 
  4. Freedom to move freely throughout the territory of India.
  5. Freedom to reside and settle in any part of the territory of India.
  6. Freedom to practise any profession or to carry on any occupation, trade or business,

 (i) Freedom of Speech And Expression

 It is an important freedom. This freedom ensures free and frank speech, discussion and exchange of opinions. It includes the freedom of the press. However these freedom like freedom of speech and expression are not absolute. The state is empowered to impose reasonable restrictions on the exercise of this right in the interest of security of the state, public order, morality etc. These freedoms can be suspended during the State of National Emergency. As soon as the State of National Emergency is declared under Article 352, the abovementioned freedoms except the right to life and liberty, automatically remain suspended as long as the State of National Emergency continues. All these freedoms get restored as soon as the proclamation of National Emergency is lifted.

 (ii) Protection in Respect of Conviction for An Offence 

This Constitutional provision assures protection against arbitrary arrest and excessive punishment to any person who is alleged to have committed an offence. No person shall be punished except for the violation of law which is in force when the crime was committed. An accused cannot be compelled to be a witness against himself/herself. No person shall be punished for the same offence more than once. 

(iii) Protection of Life and Personal Liberty 

The Constitution lays down that no person shall be deprived of his/her life or personal herty except according to the procedure established by law. I antees that life or personal liberty shall not be taken away without the sanction of law. It ensures that no person can be punished or imprisoned merely at the whims of some authority. He/she may be punished only for the violation of the law.

 4. Explain the Right against Exploitation. 

Ans. The people of India were exploited not only by the British but also by the money lenders and zamindars. This system was called forced labour. Right against exploitation prohibits all forms of forced labour as well as traffic in human beings. The violation of this provision is an offence punishable under law 

The state require citizens services in times of major calamities such as floods, forestfire, foreign aggression etc. Our Constitution also provides safeguards for children. It bans the employment of children below the age of fourteen years in any factory, mine or hazardous occupations. Traffic in human beings means sale and purchase of human beings as goods and commodities for immoral purposes such as slavery and prostitution. 

5. How does the Right to Freedom of Religion help in establishing a secular polity in India? Explain.

 Ans. : India is a multireligious state. Besides Hindus, there are Muslims, Sikhs, Christians and many others residing in our country. The Constitution guarantees to every person freedom of conscience and the right to practise and propagate any religion. It also permits every religious group, the right to manage its own affairs in matters of religion. Every religious sect has the right to establish and maintain in stitutions for religious and charitable purposes. Each religious group is also free to purchase and manage its movable and immovable property in accordance with law, for the propagation of its religion. 

Our Constitution lays down that no religious education can be imparted in any educational institution which is wholly maintained out of the state funds. This restriction does not apply to those educational institutions which are not wholly maintained out of State funds. But, even in those institutions, no child can be compelled to receive religious instructions against his her wishes. 

Right to Freedom of Religion is not absolute. It can be restricted on the grounds of public order, morality and health. The state shall not impose restrictions arbitrarily. 

6. What is writ? Who has the power to issue the writs?

Ans.: The Constitution empowers the Supreme Court and High Courts to issue orders or writs as mentioned in the below HABEAS CORPUS; (Latin term) It is an ander by the court to the state to produce the person physically before it justify the confinement or release of the person. MANDAMUS: (Latin term) It is a command or an order from a superior court to a subordinate court or tribunal or public authority to perform its duty in case it is not doing it.

 PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate court or tribunal from proceeding with a case which is beyond its jurisdiction.

 QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to which he/she is not entitled. CERTIORARI: The term certiorari means to be informed of what is going”. It is an order to a lower court from a superior court to transfer the matter to it or to any other court for deciding the matter 

These writs go a long way in protecting the rights of the individuals against encroachment by the legislature, the executive or any other authority. If the Fundamental Rights are the cornerstone of our democracy, then the Right to Constitutional Remedies is the soul of the part III of the Constitutions.

 7. Explain the statement that Fundamental Rights are justiciable.

 Ans.: Justiciable means that if these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or High Courts for the protection of his/her Fundamental Rights. Fundamental Rights provide standards of conduct, citizenship, justice and fair play. They serve as a check on the government. Various social, religious, economic and politica problems in our country make Fundamental Rights important. In our Constitution, Fundamental Rights are enumerated in Part III from Article 14 to 32. These rights are justiciable.

 8. Describe all the provisions of Right to Freedom. 

Ans. : The Constitution guarantees the following six Fundamental Freedoms:

  1. Freedom of speech and expression.
  2. Freedom to assemble peacefully without
  3. Freedom to form associations or unions. Arms.
  4. Freedom to move freely throughout the territory of India.
  5. Freedom to reside and settle in in any part of the territory of India.
  6. Freedom to practise any profession or to carry on any occupation, trade or business.

 (i) Freedom of Speech And Expression

 It is an important freedom. This freedom ensures free and frank speech, discussion and exchange of opinions. It includes the freedom of the press. However these freedom like freedom of speech and expression are not absolute. The state is empowered to impose reasonable restrictions on the exercise of this right in the interest of security of the state, public order, morality etc. 

These freedoms can be suspended during the State of National Emergency. As soon as the State of National Emergency is declared under Article 352, the abovementioned freedoms except the right to life and liberty, automatically remain suspended as long as the State of National Emergency continues. All these freedoms get restored as soon as the proclamation of National Emergency is lifted. 

(II) Protection in Respect of Conviction for An Offence 

This Constitutional provision assures protection against 63 arbitrary arrest and excessive punishment to any person who is alleged to have committed an offence. No person shall be punished except for the violation of law which is in force when the crime was committed. An accused cannot be compelled to be a witness against himself/herself. No person shall be punished for the same offence more than once. 

(III) Protection of Life and Personal Liberty 

The Constitution lays down that no person shall be deprived of his/her life or personal liberty except according to the procedure established by law. It guarantees that life or personal liberty shall not be taken away without the sanction of law. It ensures that no person can be punished or imprisoned merely at the whims of some authority. He/she may be punished only for the violation of the law.

 (IV) Prevention against Arbitrary Arrest and Detention

 Our Constitution guarantees certain rights to the arrested person. As per the provision, no person can be arrested and/or be detained in custody without being informed of the grounds for detention. He/she has the right to consult and be defended by a lawyer of his/her choice. The accused has to be produced before the nearest magistrate within a period of twenty-four hours of arrest. These safeguards however are not available to foreigners as well as to those citizens detained under the Preventive Detention Act.

 Preventive Detention: When the State feels that a person is likely to commit crime or is a threat to the security of the State. he/she may be detained without trial for a limited period. However, no person can be kept under detention for more than three months until permitted by an Advisory Board consisting of persons who are qualified to be appointed as judges of the High Courts. Such a board is presided over by a sitting judge of a High Court. 

(V) Right to Education

 By the 86th Amendment Act of the Constitution a new article 21-A has been added after Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right and has been deleted from the list of Directive Principles of State Policy. According to it, “The State shall provide free and compulsory education to all children of the age of six to fourteen in such a manner as the State may by law determine”. It further states that it is the responsibility of the parent or guardian to provide opportunities for education to their child or ward between the age of six to fourteen years. 

(VI) Right against Explotation 

The people of India were exploited not only by the British but also by the money lenders and zamindars. This system was called forced labour. Right against exploitation prohibits all forms of forced labour as well as traffic in human beings. The violation of this provision is an offence punishable under law. The state require citizens services in times of major calamities such as floods, forestfire, foreign aggression etc. Our Constitution also provides safeguards for children. It bans the employment of children below the age of fourteen years in any factory, mine or hazardous occupations. Traffic in human beings means sale and purchase of human beings as goods and commodities for immoral purposes such as slavery and prostitution 

9. Mention Right to Education as incorporated in the Constitution by 86th Amendment Act. 

Ans.: By the 86th Amendment Act of the Constitution a new article 21-A has been added after Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right and has been deleted from the list of Directive Principles of State 

Policy. According to it, “The State shall provide free and compulsory education to all children of the age of six to fourteen in such a manner as the State may by law determine”. It further states that it is the responsibility of the parent or guardian to provide opportunities for education to their child or ward between the age of six to fourteen years.

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