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.

Question 1

Re-read the box on Article $15$ and state two ways in which this Article addresses inequality?

Accepted Answer

This Article addresses inequality in terms of access to shops, public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public.

Question 2

Dr. B.R. Ambedkar called which right as the soul and heart of the Constitution?

Accepted Answer

Article 32 deals with Right to Constitutional remedies. It states that an aggrieved citizen can approach the court for remedy for enforcement of rights. If it is fundamental right , s/he can directly approach the High Court or the Supreme Court. That is why Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution'.

Question 3

Write a note on equality in Indian democracy.

Accepted Answer

The Indian constitution recognises all persons as equals. This means that every individual in the country irrespective of his/her caste, religion, educational and economic backgrounds is recognised as equal. Although, inequality still exists in the country, yet the principle of the equality of all persons is recognised. While earlier no law existed to protect people from discrimination and ill-treatment now there are several that work to see that people are treated with dignity.

Question 4

How many Fundamental Rights are there in the Indian Constitution?

Accepted Answer

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. There are 6 fundamental rights which are:&#10;&#10;Right to EqualityRight to FreedomRight against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies

Question 5

The Fundamental Rights are called Fundamental because ________.

Accepted Answer

The Fundamental Rights are called&#10;Fundamental because they are essential and natural to the development of human&#10;beings. The Fundamental Rights are defined as basic human freedoms that every&#10;Indian citizen has the right to enjoy for a proper and harmonious development&#10;of personality. These rights universally apply to all citizens, irrespective of&#10;race, place of birth, religion, caste or gender. Those persons who are not&#10;citizens are also considered in matters like equality before law. They are&#10;enforceable by the courts, subject to certain restrictions.

Question 6

Which among the following was described by Dr. B.R. Ambedkar as the " heart and soul of the Constitution of India " ?

Accepted Answer

Dr. B.R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as ' the heart and soul of the Constitution'.It was made so because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless. Also, a right which does not have a remedy is a worthless declaration. Thus, the framers of our constitution adopted the special provisions in the article 32 which provided remedies to the violated fundamental rights of citizen.

Question 7

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

Accepted Answer

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.

Question 8

Explain the meaning and importance of Fundamental Rights.

Accepted Answer

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.

Question 9

What is called the 'Right to Constitutional Remedies'?

Accepted Answer

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.

Question 10

Which of the following are envisaged as being part of the 'Right against Exploitation' in the Constitution of India?
1. Prohibition of traffic in human beings and forced labour.
2. Abolition of untouchability.
3. Protection of the interests of the minorities.
4. Prohibition of employment of children in factories and mines.
Select the correct answer using the code given below:

Accepted Answer

Option C is the correct answer. The Right against Exploitation enshrined in the Indian Constitution guarantees the dignity of the individual. It also prohibits the exploitation or misuse of service by force or inducement in the following ways: It prohibits human trafficking i.e. it criminalizes buying and selling of human beings like a commodity.

Right Against Exploitation - Article 23

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