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Fundamental Rights and Duties (ICSE 5)

Q: Explain the following keywords used in the Preamble of the Indian Constitution: We, the people of India, sovereign, socialist, secular, democratic republic, justice, liberty, equality and fraternity.

Several key words have been used in the Preamble of the Indian Constitution:(i) We, the people of India. The constitution has been drawn up and enacted by the people through their representatives, and not handed down to them by a king or any outside powers.(ii) Sovereign. People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.(iii) Socialist. Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.(iv) Secular. Citizens have complete freedom to follow any religion. But there is no official religion. Government treats all religious beliefs and practices with equal respect.(v) Democratic. A form of government where people enjoy equal political rights, elect their rulers and hold them accountable.(vi) Republic. The head of the state is an elected person and not a hereditary position.(vii) Justice. Citizens cannot be discriminated on the grounds of caste, religion and gender. Social inequalities have to be reduced.(viii) Liberty. There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they wish to follow up their thoughts in action.(ix) Equality. All are equal before the law. The government should ensure equal opportunity to all.(x) Fraternity. All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.

Q: Why is the Preamble to the Constitution very important? Explain.

Preamble is an introductory statement to the Constitution which contains the ideals on which the Constitution is based and the basic underlying principles of the Constitution.Importance of the Preamble can be stated as follows(i) The Preamble contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluates any law and action of government to find out whether it is good or bad. Hence, it is the soul of the Constitution.(ii) The Preamble shows the way the government ought to run. It declares India to be a sovereign, socialist, secular and democratic republic.(iii) It envisages justice-social, economic and political-for all its citizens. It seeks to give the citizens all types of freedoms-freedom of thought and expression, freedom of belief and worship etc.(iv) The Preamble mentions people as the source of the Constitution. It seeks to provide equality of status and opportunity to all individuals and thus promotes a sense of brotherhood among all citizens.

Q: The source of India's sovereignty lies in the _______________.

The Preamble to the Constitution of India declares India as "Sovereign, Socialist, Secular, Democratic, Republic". Sovereignty implies that India is free and has the authority to conduct its own affairs and governance. In India, the supreme power is possessed by people of the country. The people of the nation elect their representatives to govern them i.e., the Parliament derives its sovereignty from the people of the nation.

Q: The Fundamental Rights are called Fundamental because ________.

The Fundamental Rights are called Fundamental because they are essential and natural to the development of human beings. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Those persons who are not citizens are also considered in matters like equality before law. They are enforceable by the courts, subject to certain restrictions.

Q: 'The scope of rights has expanded over the years.' Explain this statement.

Apart from the Fundamental Rights, our Constitution and law offers a wider range of rights. This has expanded the scope of rights. Sometimes it leads to expansion in the legal rights that the citizen can enjoy. From time to time, the courts gave judgements to expand the scope of rights. Certain rights like right to freedom of press, right to information, and right to education are deprived from the Fundamental Rights. (i) Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children upto the age of 14 years. (ii) Parliament has enacted a law giving the right to information to the citizens. This Act was made under the Fundamental Right to Freedom of thought and expression. We have a right to seek information from government offices. (iii) Our Constitution provides many more rights, which may not be Fundamental Rights. For example, the right to property is not a Fundamental Right but it is a constitutional right. Sometimes the expansion takes place in what is called human rights. These are universal moral claims that may or may not have been recognised by law. But with the expansion of democracy all over the world, there is greater pressure on governments to accept these claims. Thus, the scope of rights has been expanding and new rights are evolving over time.

Q: Explain the meaning and importance of Fundamental Rights.

In India, like most other democracies in the world, some rights are mentioned in the Constitution. These rights are fundamental to our life and are given a special status. They are called Fundamental Rights. It talks about securing for all its citizens equality, liberty and justice. Fundamental Rights are an important basic feature of the Indian Constitution. These are preserved in the Part III of the Constitution. Importance' of Fundamental Rights: (i) Fundamental Rights create a feeling of security amongst the minorities in the country. (ii) No democracy can function in the absence of basic rights such as freedom of speech and expression. (iii) Fundamental Rights grant the standards of conduct, citizenship, justice and fair play. They act as a check on the government.

Q: What is called the 'Right to Constitutional Remedies'?

Right to constitutional remedies is guaranteed under Article 32 of Indian Constitution. When any of our rights is violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. The Supreme Court and the High Court have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators.

Q: The purpose of Directive Principles of State Policy is to ______________________.

Option A is the correct answer. The purpose of Directive Principles of State Policy is to lay down positive instructions which would guide State Policy at all levels. The Directive Principles are covered from Article 36 to Article 51 in the Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Q: From which of the countries, Constitution of India has adopted fundamental duties?

The Fundamental Duties were added by the 42nd Constitutional Amendment Act of 1976 and one more duty was added by 86th Constitutional Amendment,2002. The original Constitution did not provide for Fundamental Duties. Part IV-A of the Constitution provides for these duties. These duties serve as a reminder to the citizens while enjoying their rights that they have some duties to perform towards the country, society, and fellow citizens. The Concept of Fundamental Duties was taken from the Soviet Constitution(USSR) which is now called Russia.

Legal Studies

shortcut

Fundamental Rights

Fundamental Rights find a place in Part 3 of the Constitution of India. These rights give people protection from oppressive governments and place a duty on the government to uphold them. If our rights are violated by the government, we can go to the court for protection of these rights.

definition

Preamble of the Indian Constitution

The Preamble of Constitution serves the following purposes as the matters of its importance:
(1) It indicates the source from which the Constitution comes into existence, i.e. the people of India.
(2) It contains the enacting clause which brings into force the Constitution.
(3) It declares the rights and freedoms which the people of India intended to secure to all citizens and the basic structure of the Government and the polity which was to be established.