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Chapter Analysis
Intermediate24 pages • EnglishQuick Summary
The chapter 'Rights in The Indian Constitution' explains the Fundamental Rights guaranteed by the Indian Constitution, highlighting their protection by law and the role of the judiciary in enforcing them. It explores the essential rights such as Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies. The chapter discusses the balance between Fundamental Rights and Directive Principles of State Policy, emphasizing their complementary nature in promoting societal welfare alongside individual rights.
Key Topics
- •Fundamental Rights
- •Right to Equality
- •Right to Freedom
- •Right against Exploitation
- •Right to Freedom of Religion
- •Cultural and Educational Rights
- •Right to Constitutional Remedies
- •Directive Principles of State Policy
Learning Objectives
- ✓Understand the concept of Fundamental Rights in the Indian Constitution.
- ✓Explain the role of the judiciary in protecting these rights.
- ✓Analyze the relationship between Fundamental Rights and Directive Principles of State Policy.
- ✓Identify cases of violations of Fundamental Rights and the legal remedies available.
- ✓Explore the historical context and evolution of Fundamental Rights in India.
Questions in Chapter
Write true or false against each of these statements: a) A Bill of Rights lays down the rights enjoyed by the people of a country.
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Which of the following is the best description of Fundamental Rights?
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Read the following situations. Which Fundamental Right is being used or violated in each case and how?
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Which of the following is a correct interpretation of the Cultural and Educational Rights?
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Which of the following is a violation of Fundamental Rights and why?
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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.
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Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Which of their Fundamental Rights are being violated in this instance?
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A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Which different rights does this case involve? How are these rights interlinked?
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Read the statement by Somnath Lahiri in the Constituent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.
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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.
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Additional Practice Questions
What is the significance of the Right to Constitutional Remedies in the Indian Constitution?
mediumAnswer: The Right to Constitutional Remedies is considered the 'heart and soul' of the Indian Constitution as it allows citizens to approach the judiciary to restore their Fundamental Rights in case of violations. It empowers courts to issue various writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce the rights.
How do the Fundamental Rights protect individuals from exploitation in India?
mediumAnswer: Fundamental Rights protect individuals from exploitation by prohibiting practices like traffic in human beings, forced labor, and child labor in hazardous jobs. These rights ensure that all citizens are treated equally and prevent any form of economic and social exploitation.
Discuss the role of the judiciary in the protection of Fundamental Rights in India.
hardAnswer: The judiciary plays a crucial role in protecting Fundamental Rights by interpreting the Constitution and adjudicating cases where these rights are violated. Through judicial review, courts ensure that executive and legislative actions do not infringe on constitutional rights, thereby acting as a guardian of individual freedoms.
Explain the impact of the Right to Freedom on Indian democracy.
mediumAnswer: The Right to Freedom strengthens Indian democracy by guaranteeing freedoms such as speech and expression, assembly, association, movement, residence, and profession. These rights foster an environment where individuals can express their views, engage in dialogue, and contribute to the democratic process without undue restriction, provided it does not disturb public order or morality.
Analyze the relationship between Fundamental Rights and Directive Principles of State Policy.
hardAnswer: Fundamental Rights and Directive Principles of State Policy are designed to complement each other in the Indian Constitution. While Fundamental Rights ensure individual freedoms and limit state power, Directive Principles guide the government in achieving social and economic welfare. Conflicts may arise when implementing Directive Principles affects individual rights, but both are essential for a balanced and just governance.