NIOS Class 12 Introduction to Law Chapter 19 Fundamental Rights and Duties

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NIOS Class 12 Introduction to Law Chapter 19 Fundamental Rights and Duties

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Fundamental Rights and Duties

Chapter: 19

Module – 5 The Constitution of India – I

INTEXT QUESTIONS 19.1 

Write true or false against each of these statements: 

(a) The basic structure of the Constitution cannot be changed by the Parliament. (True/False) 

Ans: True.

(b) There is hardly any difference between ordinary rights and the Fundamental Rights. (True/False) 

Ans: False.

(c) Nehru Committee demanded fundamental rights in 1928. (True/False)

Ans: True.

INTEXT QUESTIONS 19.2 

Write True or False: 

1. Fundamental Rights are enshrined in Part-III of the Constitution. (True/False) 

Ans: True.

2. Right to Equality established Equality before Law. (True/False) 

Ans: True.

3. Article-15 provides that no discrimination can be made against a citizen an the grounds of race, religion, caste or place of birth. (True/False)

Ans: True.

INTEXT QUESTIONS 19.3 

Match the following freedoms to their refractive Articles: 

Freedom	Corresponding Article
(i) Freedom to form associations	(a) Article 19(1)(a)
(ii) Freedom of assembly	(b) Article 19(1)(g)
(iii) Freedom of expression	(c) Article 19(1)(d)
(iv) Freedom of movement	(d) Article 19(1)(c)
(v) Freedom of profession	(e) Article 19(1)(b)

Ans: 

Freedom	Corresponding Article
(i) Freedom to form associations	(d) Article 19(1)(c)
(ii) Freedom of assembly	(e) Article 19(1)(b)
(iii) Freedom of expression	(a) Article 19(1)(a)
(iv) Freedom of movement	(c) Article 19(1)(d)
(v) Freedom of profession	(b) Article 19(1)(g)

INTEXT QUESTIONS 19.4 

Write true or false against each of these statements: 

(i) Article-24 of the Constitution prohibits employment of Children below the Age of 14 years in factories. (True/False) 

Ans: True.

(ii) Indian Constitution does not guarantee religious freedom to all its Citizens. (True/False) 

Ans: False.

(iii) Every Indian citizen is free to change his/her religion if he/she so desires. (True/False)

Ans: True.

INTEXT QUESTIONS 19.5 

Answer the following question: 

(a) Which Writ can protect a detained person from an unlawful arrest? 

Ans: Habeas Corpus.

(b) Which writ authorises a higher Court to stop from further proceeding in a particular case? 

Ans: Prohibition. 

(c) The transfer of a case from a lower court to a higher court is enforced under which writ? 

Ans: Certiorari.

(d) Name the writ which can help a candidate declared pass by the university but being denied his/her pass certificate. 

Ans: Mandamus.  

(e) Mr. A has been promoted as well as transferred to replace Mr. B. But Mr. B. uses delaying tactics and does not vacate the post to join somewhere else. Identify the writ which may help Mr. A to join his new post. 

Ans: Quo Warranto. 

INTEXT QUESTIONS 19.6 

1. How many Fundamental Duties have been mentioned in Article 51-A of the Constitution of India? 

Ans: There are eleven Fundamental Duties mentioned in Article 51-A of the Indian Constitution, added by the 42nd Amendment, 1976.

2. List any three Duties enshrined in the constitution of India.

Ans: (i) To defend the country and render national service when called upon to do so; and 

(ii) To safeguard public property and adjure violence.

(iii) To uphold and protect the sovereignty, unity and integrity of India.

TERMINAL EXERCISES

1. List the Fundamental Right enshrined in Part III of the Indian Constitution. 

Ans: The Fundamental Rights are enshrined in Part III (Articles 12–35) of the Indian Constitution. 

One of the major groups of these rights is the Right to Equality (Articles 14–18), which includes:

(i) Equality before the Law to all persons, citizen and aliens means that the state shall not deny to any body equality before the law or equal protection of the law within the territory of India. It is covered under Article 14 of the Constitution and prevents discrimination only by the state and not by the individual. 

(ii) Prohibition of Discrimination under Article 15 provides that no discrimination can be made against a citizen on the grounds of race, religion, caste, sex or place of birth. It implies that every citizen has access to shops, public place or the use of wells, tanks or roads etc. This Fundamental Right is necessary to bring about social equality. 

(iii) Equality of opportunity under Article 16 means that all the citizens have equal opportunities in matters of employment or appointment to any office under the state. It implies that employment will be given only on the basis of merit and qualification.

(iv) Untouchability has been abolished and its practice in any form is prohibited. It has been made a punishable offence under Article 17. Millions of Indians who were ill-treated, discriminated and looked down upon in society are no more untouchables. Efforts are always on for the upliftment of their social status. It was Mahatma Gandhi’s utmost desire to root out the evil of untouchability. But it is very unfortunate that this evil is still seen in some parts of the country.

(v) Article 18 prohibits the state from awarding any title except a military or India-I academic distinction. Before we attained independence, the Britishers used to award titles to those who were loyal to them and served their interests. Titles like Rai Bahadur, Rai Sahab, Khan Bahadur, Sir etc. not only created social distinction but also divided the Indian society. Therefore, they have been abolished. Instead, the President of India can award national honours like ‘Bharat Ratna’, ‘Padma Vibhushan’, ‘Padma Bhushan’ and ‘Padma Shree’ to eminent citizens in any field such as public, social, academic or sports.

2. Mention one restriction each imposed on any four freedoms given under the Right to Freedom. 

Ans: (i) Freedom of Speech and Expression (Article 19(1)(a)): This freedom can be restricted in the interest of the security of the state, public order, decency, morality, or contempt of court.

(ii) Freedom of Assembly (Article 19(1)(b)): Meetings, rallies and procession should be peaceful 

(iii) Freedom to Form Associations (Article 19(1)(c)): This freedom may be restricted in the interest of public order, morality, or the sovereignty and integrity of India.

(iv) Freedom of Movement (Article 19(1)(d)): In the interest of the general public; 

3. What is the importance of Fundamental Rights? 

Ans: Importance of Fundamental Rights:

(i) They protect individual liberty and ensure that every citizen can live with freedom and dignity.

(ii) They ensure equality by prohibiting discrimination based on religion, caste, gender, or place of birth.

(iii) They strengthen democracy by allowing citizens to express their views and participate freely in public life.

(iv) They provide legal protection by allowing citizens to approach courts (Articles 32 and 226) if their rights are violated.

(v) They promote social justice by uplifting weaker sections and ensuring fairness in society.

(vi) They encourage national integration by promoting unity and a sense of brotherhood among all citizens.

(vii) They help in personality development by giving freedom of thought, expression, and movement.

(viii) They check misuse of power by limiting the authority of the government.

(ix) They maintain the rule of law, ensuring that everyone, including the government, is equal before the law.

(x) They promote peace and harmony by ensuring justice, equality, and freedom for all citizens.

4. Explain the Right to Equality. How far has it succeeded in bringing about equality and unity in the country? 

Ans: Equality before the Law to all persons, citizen and aliens means that the state shall not deny to any body equality before the law or equal protection of the law within the territory of India. It is covered under Article 14 of the Constitution and prevents discrimination only by the state and not by the individual.

Success and Significance:

The Right to Equality has played a transformative role in shaping Indian society. It has helped dismantle many discriminatory practices rooted in caste, gender, and religion. Reservation policies, judicial activism, and progressive legislation have collectively advanced the cause of social justice and inclusion.

However, despite constitutional guarantees, economic disparities, caste-based discrimination, and gender inequality still persist in various forms. The practical realization of equality remains an ongoing process, requiring continuous social and institutional reform.

5. Under what circumstances can the Fundamental Rights be suspended? How far is the suspension of Fundamental Rights justified? 

Ans: Circumstances for Suspension of Fundamental Rights:

(i) During a National Emergency (Article 352): When the President of India declares a National Emergency on grounds of war, external aggression, or armed rebellion, some Fundamental Rights can be suspended to enable the government to act swiftly and decisively.

(ii) Automatic Suspension of Article 19: During such an emergency, the freedoms guaranteed under Article 19 (freedom of speech, movement, association, etc.) are automatically suspended.

(iii) Presidential Order (Article 359): The President can issue an order suspending the right to move any court for the enforcement of certain Fundamental Rights (except those under Articles 20 and 21) for the duration of the emergency.

(iv) Rights That Cannot Be Suspended: Even during an emergency, Article 20 (protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) cannot be suspended. This safeguard was added by the 44th Amendment Act, 1978, after the misuse of emergency powers during 1975–77.

(v) Restoration: When the emergency is lifted, all suspended Fundamental Rights automatically become enforceable again.

Justification for Suspension: The suspension of Fundamental Rights is partly justified because, in times of war or rebellion, the security and unity of the nation become the top priority. Extraordinary situations require extraordinary powers to maintain order and protect the country.

However, complete suspension can also lead to abuse of power and violation of civil liberties, as witnessed during the 1975 Emergency. Hence, such powers must be used cautiously and only when absolutely necessary.

6. What is a writ? 

Ans: A writ is a special order issued by the Supreme Court or High Court under Article 32 or 226 for enforcing Fundamental Rights. There are five types of writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

7. Fundamental Rights are justiciable but not absolute. Briefly explain the statement.

Ans: Fundamental Rights are called justiciable because if anyone’s rights are violated, they can go to the High Court (Article 226) or the Supreme Court (Article 32) to get justice. The court can protect these rights and punish the wrongdoer.

But these rights are not absolute, which means we cannot use them in any way we want. The government can put reasonable limits on them for the safety, peace, and order of the country.

For example, freedom of speech does not mean we can say anything that spreads hate or violence.

8. “Judiciary is the protector and guardian of our Fundamental Right’s Explain.

Ans: Circumstances for Suspension of Fundamental Rights:

(i) During a National Emergency (Article 352): When the President of India declares a National Emergency on grounds of war, external aggression, or armed rebellion, some Fundamental Rights can be suspended to enable the government to act swiftly and decisively.

(ii) Automatic Suspension of Article 19: During such an emergency, the freedoms guaranteed under Article 19 (freedom of speech, movement, association, etc.) are automatically suspended.

(iii) Presidential Order (Article 359): The President can issue an order suspending the right to move any court for the enforcement of certain Fundamental Rights (except those under Articles 20 and 21) for the duration of the emergency.

(iv) Rights That Cannot Be Suspended: Even during an emergency, Article 20 (protection in respect of conviction for offences) and Article 21 (right to life and personal liberty) cannot be suspended. This safeguard was added by the 44th Amendment Act, 1978, after the misuse of emergency powers during 1975–77.

(v) Restoration: When the emergency is lifted, all suspended Fundamental Rights automatically become enforceable again.