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NCERT Class 11 Political Science Chapter 2 Rights in The Indian Constitution
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Rights in The Indian Constitution
Chapter: 2
| (PART-A) INDIAN CONSTITUTION AT WORK |
| TEXT BOOK QUESTIONS ANSWER |
1. 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.
Ans: True.
(b) A Bill of Rights protects the liberties of an individual.
Ans: True.
(c) Every country of the world has a Bill of Rights.
Ans: False.
(d) The Constitution guarantees remedy against violation of Rights.
Ans: True.
2. Which of the following is the best description of Fundamental Rights?
(a) All the rights an individual should have.
(b) All the rights given to citizens by law.
(c) The rights given and protected by the Constitution.
(d) The rights given by the Constitution that cannot ever be restricted.
Ans: (c) The best description of Fundamental Rights is the rights given and protected by the Constitution.
3. Read the following situations. Which Fundamental Right is being used or violated in each case and how?
(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
Ans: The right being violated in this situation is the right to equality, specifically, the right to equality of opportunity in employment.
(b) A director makes a documentary film that criticises the policies of the government.
Ans: In this situation, the right being used is the freedom of speech and expression. As the director makes a documentary in which he goes against the government by criticising the policies of the government freely.
(c) People displaced by a big dam take out rallies demanding rehabilitation.
Ans: Right to reside and settle in any part of the territory of India is violated.
(d) Andhra Society runs Telugu medium schools outside Andhra Pradesh.
Ans: All linguistic minorities can set up their own educational institutions to preserve and develop their own culture. Thus the Andhra Society has every right to run Telugu medium schools outside Andhra Pradesh.
4. Which of the following is a correct interpretation of the Cultural and Educational Rights?
(a) Only children of the minority group that have opened educational institutions can study there.
Ans: Article 30(1) of the Constitution of India provides for linguistic and religious minorities a fundamental right to establish and administer educational institutions of their choice.
(b) Government schools must ensure that children of the minority groups will be introduced to their beliefs and culture.
Ans: The minorities shall have the right to conserve their language, script, and culture. This right is subject to public order, morality, and health. It means that only on the basis of caste, religion, language or race discrimination is done against any citizen of India.
(c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
Ans: All minorities shall have the right to establish and administer educational institutions of their choice. The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
(d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.
Ans: So, a religious or linguistic community that is a minority in a particular State can inherently claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution.
5. Which of the following is a violation of Fundamental Rights and why?
(a) Not paying minimum wages.
(b) Banning of a book.
(c) Banning of a loudspeaker after 9 pm.
(d) Making a speech.
Ans: (a) Not paying minimum wages. Is the most fundamental Right. We need a law on minimum wages to protect the interest of the workers. The employer may fail to provide workers with enough wages for the work extracted. To stop this from happening, the law on Minimum wages is established where the government decides the minimum wage every year.
6. 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: The most basic necessities of poor people are food, cloth and shelter. Hence, we can say that the activist is partly correct in saying that the poor don’t need Fundamental Rights.
Directive principles contain various non- justiciable rights on which the livelihood of the poor depends.
(i) Right to adequate livelihood.
(ii) Equal pay for equal work.
(iii) Right against economic exploitation.
(iv) Right to work.
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.
7. 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: In this instance the following Fundamental Right are violated:
(i) Right to Freedom: Gives citizens basic freedom with respect to speech and expression, form associations, freedom of personal liberty, freedom to live a life of dignity, etc. It is important to understand the scope of these provisions and any exceptions thereof.
(ii) Cultural and Educational Rights: The rights of everyone to participate in the cultural life of their community, to enjoy the arts, and to receive an education. They are recognized in international human rights treaties such as the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
(iii) In the above instance Right to Equality is also violated: It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen. Every citizen, from the Prime Minister to a small farmer in a remote village, is subjected to the same laws.
8. 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.
(a) Which different rights does this case involve? How are these rights interlinked?
Ans: The different rights are:
(i) Right to Equality: The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law. Rule of law is the foundation of any democracy.
(ii) Right Against Exploitation: Articles 23 and 24 of the Indian Constitution. These are important Fundamental Rights that guarantee every citizen protection from any kind of forced labour.
(iii) Right to Life: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.
(iv) Right to Constitutional: Part III of the Constitution provides for legal remedies for the protection of these rights against their violation by the State or other institutions/individuals. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights.
(b) Should these rights form part of the r to life?
Ans: Yes all these rights should form part of the Right to Life.
9. 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 this position.
Ans: Here’s a breakdown of his argument and why it might be considered:
(i) Lahiri’s argument:
(a) Limited rights: Lahiri was the sole Communist member in the Constituent Assembly in 1946 elected from Bengal. He also substantially contributed to the debates regarding drafting of the Constitution of India. On the issue of right to privacy, Lahiri took a progressive view.
(b) Police-centric view: Central themes of all of Lahiri’s work, “Interpreter of Maladies” included, are the difficulties that Indians have in relating to Americans and the ways in which Indian Americans are caught in the middle of two very different cultures.
(ii) Points supporting Lahiri’s argument:
(a) Conditional rights: 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.
(b) Preventive detention: Preventive detention prevents potential threats to national security. Public Order, It safeguards public order, especially during times of unrest. Swift Action: Authorities can take swift action to prevent harm.
(iii) Arguments against Lahiri’s position:
(a) Balance of power: The balance of power is considered one of the core principles of international relations. Although the theory doesn’t have one, exact meaning1, it is best understood as referring to a state of international order where power is balanced in such a way that nations avoid aggression out of fear of forceful retaliation.
(b) Evolving interpretations: Jhumpa Lahiri’s Interpreter of Maladies is a collection of short stories which, for the most part, deals with the identity crisis of the Indian Americans who are trapped in-between their Indian heritage and the American culture.
10. 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: Right to Constitutional Remedies (Article 32):
This right empowers individuals to approach the Supreme Court for enforcement of any other Fundamental Right that has been violated.
(i) Why it’s the most important:
(a) Empowerment: The Right to Constitutional Remedies, enshrined in Article 32 of the Indian Constitution, is a fundamental right that empowers individuals to seek legal remedies from the Supreme Court and High Courts for the enforcement of their fundamental rights.
(b) Guarantees other rights: The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
(c) Strengthens Judiciary: Therefore, Article 32 guarantees right to constitutional remedies, i.e. right to move to Supreme Court to enforce fundamental rights. It is the constitutional mandate of the judiciary to protect the human rights of the citizens. The Supreme Court and High Courts are empowered to take action to enforce these rights.
(d) Think of it this way: There is a right in India which states that a person can move to the Supreme court if he/she wants to get their fundamental rights protected. This right comes under article 32 for the Supreme court and article 226 for the high court. It is known as the right to constitutional remedies.
