Fundamental Rights in the Indian Constitution
The Constitution of India guaranteed to all citizens, individually and collectively some basic rights in the form of six broad categories of Fundamental Rights. These rights are justifiable and protects by the Supreme court and High court. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:
1. Right to Equality:
All persons are equal before the law. This means that all persons shall be equally protected by the laws of the country. It also states that no citizen can be discriminated against on the basis of their religion, caste or sex. Every person has access to all public places including playgrounds, hotels, shops etc. The State cannot discriminate against anyone in matters of employment. But there are exceptions to this that you will read about later in this book. The practice of untouchability has also been abolished.
2. Right to Freedom:
This includes the right to freedom of speech and expression, the right to form associations, the right to move freely and reside in any part of the country, and the right to practise any profession, occupation or business.
3.Right against Exploitation:
The Constitution prohibits human trafficking, forced labour, and employment of children under 14 years of age
4.Right to Freedom of Religion:
Religious freedom is provided to all citizens. Every person has the right to practise, profess and propagate the religion of their choice.
5.Cultural and Educational Rights:
The Constitution states that all minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture.
6. Right to Constitutional Remedies:
This allows citizens to move the court if they believe that any of their Fundamental Rights have been violated by the State.
Baba Saheb Dr B R Ambedkar
is known as the Father of the Indian Constitution. Dr Ambedkar believed that his participation in the Constituent Assembly helped the Scheduled Castes get some safeguards in the draft constitution. But he also stated that although the laws might exist, Scheduled Castes still had reason to fear because the administration of these laws were in the hands of ‘caste Hindu officers’. He, therefore, urged Scheduled Castes to join the government as well as the civil services.
I. Keywords:
1.Drafting committee: The committee which was formed from the constituent assembly for the drafting of the Constitution of India.
2.Constituent Assembly: A body of members who have power to draft and adopt a constitution.
3.Preamble: The Preamble is an introductory statement in a Constitution which states the guiding principles of the Constitution.
4.Concurrent list: The subjects which are of common concern both the central and the state governments can frame laws. The Concurrent List or List-III is a list of 52 items given in the Seventh Schedule to the Constitution of India.
5.Unitary principles: 1) Supremacy of the central government.
2)Absence of subsidiary sovereign governments
6.Federal principles: The federal constitution is that it has a dual government that means a dual polity consisting of the union at the centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Indian Constitution.
7.Citizenship: Legal recognisation of a person as member of a country.
8. Presidential system: A form of government in which a head of government (president) leads an executive branch that is separate from the legislative branch.
9.Parliamentary system: A system of democratic governance of a state where the executive (council of ministers) derives its democratic legitimacy from the parliament, to which it is accountable.
9.Amendment: An amendment is a change made to a law, constitution, or other legal document.
II. Improve Your Learning:
1. Find the odd one out:
i) Indian Constitution adopts from experiences of freedom struggle.
ii) Indian Constitution adopts from already existing constitutions.
iii) Indian Constitution has remained the same since its drafting.
iv) Indian Constitution provides principles and provisions for ruling the country.
A.
The third statement is wrong as many amendments took place to the Indian constitution since it's drafted.
2.Correct the false statements:
i)There was unanimity of opinion on all provisions during CA debates.
ii) The makers of Constitution represented only certain regions of the country.
iii) Constitution provides certain provisions to amend articles in it.
iv) Supreme Court of India has said that basic features of Constitution may also be amended.
A.
i) False, There were different opinions in the CA debates.
ii) False, members were elected from the provincial legislative assemblies and princely states.
iii) True.
iv) False, Supreme Court said Parliament does not have the power to alter or destroy the basic
features of the Constitution according to the Keshavananda Bharathi case.
3.Describe the unitary and federal principles of Indian government as discussed in the CA debates.
A.
Unitary Principles:
1.Supremacy of the constitution: The powers of both the central and state governments are clearly mentioned in the constitution.
2.A strong centre: The Union government is given more power than the state governments.
3.Single citizenship: The Indian federation is a dual polity with a single citizenship for the whole of India.
4.Single unified judiciary: Indian Judiciary is an independent body with powers to interpret the constitution. The Sup reme Court is the highest court.
5.Common All India Services: The constitution has certain special powers to ensure the uniformity of the administrative system like the creation of the All India Services.
6.Flexible Constitution: The Indian constitution is not rigid and many parts of it can be amended.
Federal Principles:
1.Union of States: The union is at the centre and the states are at the periphery. Each has their own sovereign powers.
2.Division of powers: Powers are divided between the central and state governments. There are three lists mentioned union list, state list and the concurrent list. Recently another list called residuary list is introduced.
3.Bicameral legislature: The constitution of India provides with a bicameral legislature at the centre consisting of Lok Sabha and Rajya Sabha.
4.Dual polity: India is a federal state with power being shared between both the central and the state governments.
4.How does the Constitution reflect the political events of the time? Draw from previous chapters on freedom struggle.
A.
1.The constitution of India reflects the political events of that time. For example, self government and equity, federal structure, fundamental rights, division of powers, office of the Governor were taken from Indian government Act 1935.
2.Indian independence struggle provides basic idea of self governance that emerged into a people's participative democracy.
3.The influence of the British at that time - parliamentary system, legislation cabinet form of government etc, were adopted from the British.
4.The constitutional developments are related with our national struggle from the beginning. Various policies or Acts made by the British government helped in the making of the constitution.
5.Mahatma Gandhi emphasised decentralisation of power to all the levels.
6.As the Indian society is based on social inequalities, the constitution makers came up with the concept of equality so, as to facilitate social change and also development.
5.What difference would it have made to the making of our Constitution if the Assembly had been elected through universal adult franchise?
A.
1.If the Constitution Assembly was elected based on the universal adult franchise, it would have been more democratic.
2.People would not have criticised and would give suggestions.
3.A lot of time would be saved.
4.The odd amendments made to the constitution would be decreased.
6.Write a short note on basic principles of Indian Constitution.
A
7.How has the Constitution defined and changed political institutions in the country ?
A.
The constitution has changed the political institutions of the country in the following ways:
1.India is free from the colonial rule and has an elected President instead of a Viceroy or a Governor General.
2.India is a Democratic, Secular, Socialist, Sovereign and Republic country.
3.The Prime Minister is the head of the government and the President is the head of the state.
4.The Indian Constitution has more powers than anyone else in the country and is supreme.
5.The Parliamentary system discusses and solves the problems of the people in the country. The President is advised by the council of ministers on all important matters.
6.India is federal in nature, where the power is shared at all levels of the government.
8.While Constitution provides basic principles it is the engagement of people with the system that brings in social change. Do you agree with this statement, give reasons.
A.
1.Yes, I agree with the statement.
2.The Constitution has made special provisions to facilitate social change and made reservations for the weaker sections of the society.
3.The Constitution provides the right to equality where all are treated equal irrespective of their caste, gender, language, religion, status, etc.
4.Minority communities are given special protection. So, that they don't feel marginalised.
5.The constitution provides equal treatment in the eyes of law so, that all are given equal justice.
9. Locate the following on the map of the world.
a) Nepal b) Japan c) Delhi d) USA
A.
10. Observe the Bar graph given in page 226 and answer the following questions.
i) In which year the most number of constitutional amendments took place?
ii) How many more number of amendments took place in the decade 1971-80 when compared to 1961-70?
A.
i) 1970 - 1990
ii) Seven more amendments took place.
11. Prepare a pamphlet on the implementation of equality in your school.
A.
👦EQUALITY IN OUR SCHOOL👧
Where are all the students equal in our school. No discriminations are there in our school. Teachers give us equal importance. Our attendance register do not maintain caste column. Our applications contain in the name of our father and mother columns. Boys and girls are treated in the same way. we play all the games and sports. we feel no differences at all.
III. Short Answers:
1.Name some significant contributors to the Indian Constitution.
A.
1. Dr. Rajendra Prasad
2. Dr. BR Ambedkar.
3. Jawaharlal Nehru.
4. Sardar Patel.
2.What are the basic ideals that of Indian Constitution as reflected in its preamble?
A.
Socialism, Secularism, Democracy, Liberty, Equality and Fraternity etc.
3.What are the double purposes of a constitution?
A.
1.Out lining the role and rights of citizens and defining the structure and powers of the government.
2.Indicating the nature of future society.
4. What are the main organs of the government?
A.
1. Executive
2. Legislature
3. Judiciary
5.What is the process of making a constitution?
A.
It is a process of debate, discussion, ironing out differences and working out a framework that is acceptable to all the conflicting opinions.
6.What are the characteristics of a federal constitution?
A.
1.Existence of a central polity and subsidiary polities side by side.
2.Each polity is sovereign in the field assigned to it.
7.What are differences between the position of president of the USA and that of president of India?
A.
President of the USA:-
1.He is the chief head of the executive and administration is vested in him.
2.He is assisted by Secretaries responsible for various departments
3.He is not bound to accept any advice tendered by his secretaries
4.He can remove any of his secretaries it any time.
President of India:-
1.He is the head of the state but not of the executive. He represents the nation but does not rule the nation.
2.He is assisted by Ministers responsible for various departments.
3.He will be generally bound by the advice of his ministers.
4.He cannot remove his ministers as long as lok sabha confidence in them
8.What was the difference between the position of the British King and that of the President of India?
A.
British King
1.The British king comes to power hereditary.
President of India
1.The President of India is elected by the people indirectly.
9.What are the means adopted in the constitution to maintain the unity of the country?
A.
1. Single judiciary.
2. Uniformity in fundamental laws.
3. All - India civil services
10.What is the single judiciary in Indian context?
A.
Supreme Court can hear appeals against the decision of any court and give judgment.
11.How does the dual judiciary work in the USA?
A.
The federal Judiciary and the state Judiciary are separate and independent of each other
12.How are the powers to make laws divided in the federal system in India?
A.
They are divided into three lists.
1. Central list.
2. State list.
3. Concurrent list.
13.Which statement does the constitution of India begin with?
A.
It begins with the words “We, the people of India……"
14.What are the forms of the government?
A.
1. Parliamentary system.
2. Presidential system.
15.What are the principal forms of constitution?
A.
1.Unitary constitution.
2.Federal constitution.
16.What are the two essential characteristics of a unitary constitution?
A.
1.The Supremacy of the central polity.
2.The Absence of subsidiary sovereign polities.
17.Give examples for acts placed in the Concurrent List?
A.
Civil Procedure Code, Penal Code, the Criminal Procedure Code, the Evidence Act, Transfer of Property Act, Laws of Marriage, Divorce, and Inheritance are placed in the Concurrent List.
18.What are the main differences between Indian federal system and American federal system?
A.
Indian Federal system:-
1. Single citizenship.
2. Single judiciary.
American Federal system:-
1. Dual citizenship.
2. Dual judiciary.
19.Write any two criticisms of the draft constitution of India?
A.
1.It was merely a copy of the 1935 Act.
2.It is ignored the centrality of villages in the Indian context.
20.How can the Indian constitution generally be amended?
A.
It can generally be amended with the approval of two third members in the both houses of parliament.
21.What were the two major changes in our constitution made during 1970s?
A.
1.Inclusion of the two words "secular" and "socialist" into the Preamble of the constitution.
2.The Supreme Court judgement in the Keshavananda Bharati case.
22.What was the Supreme Court's judgment in the Keshavananda Bharti case?
A.
The judgment: Certain provisions in Indian constitution cannot be changed under any circumstances.
23.What are the basic principles of Indian Constitution?
A.
1.Form of the government (Parliamentary system)
2.Supremacy of the Constitution.
3.Sovereignty of the nation.
4.Provisions for Justice and Welfare state.
5.Fundamental rights.
24.What provisions are there in our constitution for achieving Social Engineering?
A.
1.Reservation of seats in legislatures and public sector jobs for SCs and STs.
2.The rights of religious minorities to run their own educational institutions.
25.Which qualities do you like in Dr.BR Ambedkar and why? (April 2023)
A.
1. Fighting
against injustice and for the rights of down trodden.
2. Efficiency, honesty and long visionary
attitude
3. Ardent reader and wrote many
books.
4. These qualities made him as an ideal for young generation.
26.What are Residuary Powers ?
Ans:
Subjects which are not included in the division of powers, are known as residuary powers. The central government has been given the power to make the law's on these ‘residuary’ subjects.
Constituent Assembly Members
Previous Questions:
*Write any two suggestions to end the “Caste discrimination”. (TS March 2024)
1. Encourage the inter caste marriages.
2. Encourage the inter caste dinner.
3. Encouraging human values among the people.
4. Abolition of the caste system.
5. Create awareness among people, harmful effects of caste discrimination and the violation of the constitutional rights.
6.If there is an issue of caste discrimination accused should be duly punished.
