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NIOS Class 10 Social Science Chapter 16 Fundamental Rights and Fundamental Duties
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Fundamental Rights and Fundamental Duties
Chapter: 16
SOCIAL SCIENCE
TEXT BOOK QUESTIONS WITH THEIR ANSWERS
INTEXT QUESTIONS 16.1
Q. 1. What do you mean by rights and duties? How are they interrelated?
Ans: Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognized by society or state. A duty is something that someone is expected or required to do. Rights and duties are interdependent. Life can become smoother if rights and duties go hand in hand and become complementary to each other.
Rights are what we want others to do for us whereas the duties are those acts which we should perform for others. Thus, a right comes with an obligation to show respect for the rights of others. The obligations that accompany rights are in the form of duties.
Q. 2. Which of the following statements do not conform to the Right to Equality and why?
(i) Reservation for the Scheduled Castes and Scheduled Tribes provided only in a case of discrimination.
(ii) A former Union Minister facing charges of corruption is exempted from attending the Court.
(iii) Access to public places is open to all.
(iv) Eligibility for employment is based on religion.
(v) Rai Bahadur Sohan Singh is a candidate in Lok Sabha elections.
Ans: (i) Because the provision for reservation is not a case of discrimination.”
(ii) Because everyone is equal before law and discrimination cannot be made any basis including the status of a person.
(iv) Because religion cannot be made the sole basis of employment in any situation.
(v) Because the Constitution of India has abolished all the titles, Mr. Sohan Singh can not use the title of Rai Bahadur.
Q. 3. Which one of the following is not a form of untouchability?
(i) There are separate doors for entry in a sacred place, one for Dalits and one for others.
(ii) A Gym refused to admit Dalit clients.
(iii) Dalits share the village hand pumps for water with others.
(iv) A Dalit bride was not allowed to wear a bridal dress on her marriage day.
Ans: (iii) Dalits share the village hand pumps for water with others.
INTEXT QUESTIONS 16.2
Q. 1. What are the freedoms provided in the Indian Constitution?
Ans: (a) Freedom of speech and expression.
(b) Freedom to assemble peacefully and without arms.
(c) Freedom to form associations and unions.
(d) Freedom to move freely throughout the territory of India.
(e) Freedom to reside and settle in any part of India.
(f) Freedom to practice any profession or to carry on any occupation, trade or business.
Q. 2. Which freedom has been violated in the following cases?
(i) The state policy did not allow the leader of a particular political party to cross its border and enter the state without any reason.
(ii) Workers were not allowed to unite and highlight their demands.
(iii) People forced to leave their own state and go elsewhere.
(iv) The son of a shoemaker was not allowed to open a sweet shop in the village.
(v) A political party was not accorded permission to hold a public meeting.
Ans: (i) Freedom to move freely throughout the territory of India.
(ii) Freedom to form associations and unions.
(iii) Freedom to reside and settle in any part of India.
(iv) Freedom to practise any profession or to carry on any occupation, trade or business.
(v) Freedom to assemble peacefully and without arms.
Q. 3. What are the provisions in the Constitution for the protection of citizens in respect of conviction for offenders, the protection of life and personal liberty and the protection against arrest and detention?
Ans: Article 20, Article 21 and Article 22 respectively.
INTEXT QUESTIONS 16.3
Q. 1. What is the main objective of making ‘right against exploitation,’ a fundamental right?
Ans: Traditionally, the Indian society has been hierarchical that has encouraged exploitation in many forms. Which is why, the Constitution makes provisions against exploitation.
Q. 2. Write one term for the following statements:
(a) A practice where a person is compelled
to serve without any payment __________.
(b) Selling and buying of a human beings __________.
Ans: (a) begar.
(b) human trafficking.
Q. 3. Mention any four real life- situations of exploitation being openly practiced in your neighborhood.
Ans: Mention the life situations based on your own experiences, like a 10 years boy working in a tea shop etc.
INTEXT QUESTIONS 16.4
Q. 1. What are the major cultural and educational rights guaranteed by the Constitution?
Ans: In Articles 29-30 two major provisions have been made; Protection of interests of minorities; and Right of minorities to establish and administer educational institutions.
Q. 2. Tamil, Kannada and Telugu speaking people living in Delhi are amongst the many minority communities. What can they do to conserve their distinct language and culture?
Ans: Any minority having a distinct language, script or culture of its own shall. have the right to conserve the same.
Q. 3. Which one of the following situations is not covered under the Cultural and Educational Rights:
(a) To conserve one’s distinct language.
(b) No discrimination in granting funds to the minorities.
(c) Right to establish institutions of their own choice.
(d) The minority school must admit children belonging to the majority community.
Ans: (d) Minority school must admit children belonging to majority community.
Q. 4. “The right to constitutional remedies is the most important. fundamental right.” Do you agree with this statement ? Give justification to your answer.
Ans: Encroachment or violation of ‘Fundamental Rights in our day to day life is a matter of great concern. Which is why, our Constitution does not permit the legislature and the executive to curb these rights. It provides legal remedies for the protection of our Fundamental Rights. This is called the Right to Constitutional Remedies.
INTEXT QUESTIONS 16.5
Q. 1. Which international documents on Human Rights was prepared and passed by the United Nations General Assembly?
Ans: The General Assembly of the United Nations adopted Human Rights in 1948 and preserved them in Universal Declaration of Human Rights.
Q. 2. List any four Fundamental Rights which are Human Rights also.
Ans: 1. Right to Equality.
2. Right to Freedom.
3. Right to Freedom of Religion. and
4. Cultural and Educational Rights.
Q. 3. Carefully study the following illustrations and identify and list one Fundamental Duty for each illustration which can be associated with or are related to it.
Illustrations to be included:
(a) Leafless trees, fallen trees, dead animals etc.
(b) Some ruined monuments
(c) Marchers in a procession with placards like Inqulab Zindabad, Bharat Mata Ki Jai, Hindustan Amar Rahey
(d) Soldier guarding the border or patrolling on the border
(e) A few places of worship representing different religions.
Ans: (a) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
(b) to value and preserve the rich heritage of our composite culture.
(c) to abide by the Constitution and respect its ideal and institutions, the National Flag and the National Anthem.
(d) to defined the country and render national service when called upon to do so.
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
Q. 4. If you are to take a pledge to abide by four Fundamental Duties on the Independence Day, which four duties, according to you are the most important ones and why?
Ans: (a) to abide by the Constitution and respect its ideals and institution, the National Flag and the National Anthem.
(b) to uphold and protect the sovereignty, unity and integrity of India.
(c) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
(d) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
These duties are focused on the central spirit of the Constitution and the goals that Indian political system tries to achieve.
TERMINAL EXERCISES
Q. 1. Explain the significance of Fundamental Rights in our day to day life. Which fundamental right do you consider the most important in your life and why?
Ans: The Fundamental Rights are necessary for the development of man’s life. Without these rights a man cannot make his life happy and prosperous. Fundamental Rights give self confidence to citizens by providing them equality of status and opportunity and protecting them from exploitation by an individual or the state.
In my opinion Right to Equality is the most important right for our society because by this right abolishes inequality among the people of different castes and among the man and woman.
Q. 2. Enumerate the six Funda- mental Rights granted to us by the Constitution.
Ans: The six Fundamental Rights granted by the Constitution are as under:
(1) Right to Equality: Right to Equality means that all the citizens of India are qual in the eyes of law.
(2) Right to Freedom: Right to Freedom means citizens have freedom of speech, expression, assemble peacefully and without arms, and freedom to move freely in the territory of India.
(3) Right against Exploitation: According to this right traffic in human being and ‘Begar’ is prohibited. Constitution says that children below 14 years of age should not be employed in factories or mills.
(4) Right to Freedom of Religion: Right to Freedom of Religion means all the citizens are free to profess, practise and propagate any religion subject to public order, morality and health.
(5) Cultural and Educational Rights: According to this right any community which as a language and script of its own, has right to conserve and develop the same. It allows all the minorities, whether based on religion or language, to establish and administer educational institutions of their own choice.
(6) Right to Constitutional Remedies: This Right to constitutional Remedies is the guardian of all other Fundamental Rights. According to this right every citizen has the right to approach the Supreme Court and High Courts to protect his/her fundamental rights.
Q. 3. How far will the Right to Education eradicate illiteracy from India? Explain.
Ans: The Right to Education is added by introducing a new Article 21 A in the Chapter on Fundamental Rights in 2002 by the 86th Constitutional Amendment. It was a long standing demand so that all children in the age group of 6-14 years can claim compulsory and free education as Fundamental Right. It is a major step forward in making country free of illiteracy. But this addition remained meaningless, as it could not be enforced until 2009 when the Parliament passed the Right to Education Act, 2009. It is this Act which aims at ensuring that every child who is between 6-14 years of age and is out of the school in India, goes to school and receives quality education, that is his/her right.
Q. 4. Describe the main provisions of the Right to Freedom of Religion.
Ans: The main provisions of the Right to Freedom of Religion are:
(1) Article 25 says that all the citizens are free to profess, practise and propagate any religion, subject to public order, morality and health.
(2) Article 26 permits every religious denomination, the right to establish and maintain institutions for religious and charitable purposes and to acquire and own moveable and immoveable property.
(3) Article 27 says that no persons shall be compelled to pay any sin tax the proceeds of which are to be spent for the promotion of any particular religion.
(4) Article 28 lays down that no religious instructions can be provided in any educational institution which is maintained out of state funds.
Q. 5. Highlight only three restrictions imposed on the Right to Freedom. In your opinion, are these restrictions justified? Give arguments to support your answer.
Ans: The following restrictions are imposed on the Right to Freedom:
(1) Freedom of speech and expression but, restriction on the use of language that may instigate people for communal violence.
(2) Freedom to move freely throughout the territory of India. Restriction on the movement of person/group to prevent spread of violence.
(3) Freedom to form associations and unions but not allowed to form an association to help terrorist activities.
(4) Free to reside and settle in any part of India. Not allowed to reside too close to aerodrome.
All these restrictions are justified in my opinion so that the purpose of providing these freedoms can be fulfill.
Q. 6. Do you agree that Human Rights are reflected in the Fundamental Rights of the Indian Constitution?
Ans: We all know that people have always struggled against injustice, exploitation and inequality for the creation of better surrounding, better living conditions and preservation of the human dignity. Efforts to avail such rights to all human being have been made at the international level also by recognizing various rights which are popularly known as Human Rights.
Many of the Human Rights have found place in the chapter of Fundamental Rights in the Indian Constitution.
Q. 7. What are the fundamental duties enumerated in the Constitution? Which of these do you consider as your most important duties and why?
Ans: The Fundamental Duties were incorporated by forty-second amendment of the Constitution which was passed in 1976.
These duties require the citizens:
1. To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities: to renounce, practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
8. To develop scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher level of endeavor and achievement.
All of these duties are most important as they are essential for every citizen for his own progress, for the progress of the society and for the well being of the nation.
Q. 8. Read the following statements; identify the correct ones and rewrite the incorrect ones after necessary corrections:
(i) A person is not free to change his/her religion without permission from the government.
(ii) Every government or government aided school can impart religious instructions.
(iii) Students of institutions managed by private bodies cannot be compelled to take part in religious worship.
(iv) As a multi-religious state, India can confer any privilege or favor on any religion.
(v) The government can impose taxes for the maintenance of important religious places.
(vi) Places of worship cannot be constructed anywhere even if they obstruct the national development projects.
Ans: (i) Incorrect: A person is free to change his/her religion without permission from the government.
(ii) Incorrect: Every government or government- aided school can not impart religious instructions.
(iii) Correct
(iv) Incorrect: As a multi-religious state, India cannot confer any privilege or favor on any religion.
(v) Incorrect: The government can not impose taxes for the maintenance of important religious places.
(vi) Incorrect: Places of worship cannot be constructed anywhere if they obstruct the national development projects.
Q. 9. Match the rights in column ‘A’ with their corresponding duties in column ‘B’.
(A) | (B) |
(a) The constitution gives us the freedom of expression. | (a) It is our duty not to deny the use of them to others. |
(b) If we have the right to practise the religion of our own choice. | (b) It is our duty to obey the rules and maintain discipline. |
(c) If we have a right to use a public park, a well or a tank. | (c) It is the duty of others not to kill us or injure us. |
(d) If we have the right to live. | (d) It is our duty to allow others to practisetheir religion. |
(e) If we have the right to be taught. | (e) It also reminds us and tells us not to hurt the feelings of others. |
Ans:
(A) | (B) |
(a) The constitution gives us the freedom of expression. | (a) It is our duty not to deny the use of them to others. |
(b) If we have the right to practise the religion of our own choice. | (b) It is our duty to obey the rules and maintain discipline. |
(c) If we have a right to use a public park, a well or a tank. | (c) It is the duty of others not to kill us or injure us. |
(d) If we have the right to live. | (d) It is our duty to allow others to practisetheir religion. |
(e) If we have the right to be taught. | (e) It also reminds us and tells us not to hurt the feelings of others. |
SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION
MULTIPLE CHOICE QUESTIONS
1. Number of Fundamental Rights given by Constitution is:
(a) 6
(b) 7
(c) 5
(d) 9
Ans: (a) 6.
2. Which of the following is correct about Fundamental Rights?
(a) They are absolute.
(b) They are eight in number.
(c) They are mentioned in Part IV of the Constitution.
(d) They are justiciable.
Ans: (d) They are justiciable.
3. Which one is not a Fundamental Rights?
(a) Right to Equality.
(b) Right to Constitutional Remedies.
(c) Right to Enter into a Treaty.
(d) Right to Freedom.
Ans: (c) Right to Enter into a Treaty.
4. Weaker sections belong to
(a) Women and Children
(b) S.C. and S.T.
(c) Minorities
(d) All of them
Ans: (d) All of them.
5. Number of Fundamental Duties listed in our Constitution is
(a) Eight
(b) Ten
(c) Seven
(d) Eleven
Ans: (b) Ten.
6. Meaningless customs and super- stitions can be removed by
(a) Greater urbanization
(b) Removal of property
(c) Employment for more people
(d) Spread of education
Ans: (d) Spread of education.
7. In which year were the funda- mental duties added to the constitution?
(a) 1966
(b) 1974
(c) 1976
(d) 1978
Ans: (c) 1976.
8. Select the incorrect opinion of acquiring Indian citizenship:
(a) He can speak one Indian language
(b) He has lived in India for at least five years
(c) He has given up the citizenship of the country to which he belongs.
(d) He is capable of earning a decent salary.
Ans: (d) He is capable of earning a decent salary.
9. Law dealing with the citizenship in India is:
(a) The Citizenship Act of 1955
(b) The Fundamental Right Act of 1955
(c) The Indian Act of 1955
(d) The Citizenship Act of 1956
Ans: (a) The Citizenship Act of 1955.
10. Which right provides for the abolition of untouchability?
(a) Right to Freedom
(b) Right to Equality
(c) Right to Property
(d) Right to Freedom of Religion
Ans: (b) Right to Equality.
11. Which Fundamental Rights prevents begar?
(a) Right Against Exploitation
(b) Right to Constitutional Remedies
(c) Right to Equality
(d) Right to Property
Ans: (a) Right Against Exploitation.
12. Who is the custodian of our Fundamental Rights?
(a) Parliament
(b) President
(c) Supreme Court and High Courts
(d) Prime Minister
Ans: (c) Supreme Court and High Courts.
13. In which and how many articles the fundamental rights have been explained?
(a) 5 Articles 14-18
(b) 24 Articles (12-35)
(c) 4 Articles 25-28
(d) 4 Articles (19-22)
Ans: (b) 24 Articles (12-35).
VERY SHORT ANSWER TYPE QUESTIONS
Q. 1. What do you mean by Funda- mental Rights?
Ans: “Rights are the claims of the individual recognized by the society and the state. Basic conditions which are essential for the progress of the citizens in a country are called Fundamental Rights.
Q. 2. Name the various Fundamental Rights given in the Constitution of India.
Ans: The Fundamental Rights given in the Constitution of India can be classified under six categories:
(1) Right to Equality.
(2) Right to Freedom.
(3) Right Against Exploitation.
(4) Right to Freedom of Religion.
(5) Right to Constitutional Remedies.
(6) Cultural and Educational Rights.
Q. 3. Write any two characteristics (features) of the Fundamental Rights.
Ans: (1) The Fundamental Rights are very detailed and comprehensive. These have been explained in 24 Articles (Articles 12-35).
(2) Fundamental Rights have been given every citizen of India irrespective of his to caste, creed, religion, sex, or place of birth.
Q. 4. Define Right to Freedom.
Ans: Right to Freedom means citizens enjoy the freedom of speech, expression, assemble peacefully and without arms, form associations and unions and freedom to move freely in the territory of India.
Q. 5. How rights imply our own duties?
Ans: Our rights imply our own duties as well. In other words our rights have in themselves their corresponding duties. If someone asks for the “Right to work”, it is his/ her duty to do the work that is assigned to him. In our right we have therefore inherited our duty as well.
Q. 6. What do you mean by “Right against Exploitation”?
Ans: According to this right traffic in human beings and Begar and other similar forms of forced labour are prohibited, and any violation of this provision is an offence punishable in accordance with the law.
Q. 7. Why right to Freedom of Religions is an important right?
Ans: Religion being a matter of faith, relates to our conscience. Citizens therefore are given freedom to adopt any religion, follow any mode of worship and manage their religious affairs. So, right to Freedom of Religion is an important right.
Q. 8. What is the importance of the Fundamental Rights?
Ans: The Fundamental Rights are necessary for the development of man’s life. Moreover the Fundamental Rights give self confidence to citizens by providing them equality of status and opportunity and protecting them from exploitation by an individual or the state.
Q. 9. Mention any two exceptions of the Right to Equality.
Ans: Right to Equality contains certain exceptions.
These are:
(1) The state can make special provisions for the members of scheduled castes and scheduled tribes.
(2) The state can also make special. provisions for women and children.
Q. 10. Define duty.
Ans: “Duty is our performance towards others.” A duty is something that someone is expected or required to do. It there is rights from society, there is the individuals duty towards the society.
Q. 11. Why were Fundamental Duties added in the Constitution of India?
Ans: The Fundamental Duties were added in the Constitution of India with the purpose of making the citizens more patriotic and help them to follow a code of conduct that would strengthen the nation and protect its sovereignty and integrity,
Q. 12. Name any two Fundamental Duties.
Ans: (1) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
(2) To defend the country and render national service when called upon to do so.
Q. 13. Define Right to Constitutional Remedy.
Ans: The Right to Constitutional Remedy is the guardian of all other Fundamental Rights. If any one fundamental right is violated by anybody, even if it be the states, one are knock the door of High Court and Supreme Court. The court can issue certain writ to protect the right to the complainant.
Q. 14. How Fundamental Duties will create consciousness among the people?
Ans: The fulfillment of fundamental duties are voluntary, these are not compulsory. If people keep these duties in their minds, they will slowly awake the consciousness of the people to do their duties.
Q. 15. Define “Protective discrimi- nation”.
Ans: Protective discrimination means the preference given in admission to public educational institutions and in public employment to the scheduled castes and scheduled tribes and certain other backward classes.