Telangana TSBIE TS Inter 2nd Year Political Science Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy Textbook Questions and Answers.
TS Inter 2nd Year Political Science Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy
Long Answer Questions
Question 1.
Explain the Fundamental Rights as incorporated in the Indian constitution.
Answer:
Fundamental Rights are one of the salient features of the Indian Constitution. They were borrowed from American Constitution. They are incorporated in our constitution under Part-IIl Articles from 12 to 35. They are six in number, which can be explained as follows.
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right to Against Exploitation (Articles 23 and 24)
- Right to Freedom of Religion (Articles 25 and 28)
- Cultural and Educational Rights (Articles 29 and 30)
- Right to Constitutional Remedies (Article 32)
The 44th Constitutional Amendment passed by the Parliament in 1978, has excluded the Right to Property from the list of Fundamental Rights. Hence, we have at present, only six Fundamental Rights. They are:
1) Right to Equality (Articles 14-18) :
Article 14 guarantees equality before law to all persons. There can be no special privilege to any individual. All those who violate laws are given the same punishment. Article 15prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them. Article 16 provides equality of opportunity in the matter of public employment. Articlel 7 abolishes untouchability and makes its practice in any form an offence. Article 18 prohibits the State from conferring any title except a military or academic distinction.
2) Right to Freedom (Articles 19-22):
Article 19 is the most important part of the Constitution. It guarantees 6 freedoms to the citizens. They are :
- Freedom of speech and expression.
- Freedom to assemble peacefully and without arms.
- Freedom to form associations or unions.
- Freedom to move freely throughout the territory of India.
- Freedom to reside and settle in any part of the territory of India.
- Freedom to practice any profession or to carry on any occupation.
Article 20 says that a person shall be convicted only for violating an existing law.
Article 21 says that no person shall be deprived of his life and liberty except according to the procedure established by law.
Article 22 provides that every person should be informed the cause of his arrest.
3) Right to Against Exploitation (Articles 23 and 24):
Article 23 prohibits traffic in human beings and forced labour. Article 24 says that no child below the age of 14 years, shall be employed in any factory, mine or engaged in any other dangerous work.
4) Right to Freedom of Religion :
Article 25 gives all people freedom of conscience, and right to profess, practise and propagate any religion.
Article 26 permits religious denominations or organisations to manage their own affairs in matters of religion.
Article 27 lays down that no person shall be compelled to pay any tax for promotion or maintenance of any religion.
Article 28 says that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.
5) Cultural and Educational Rights (Articles 29 and 30) :
Article 29 guarantees to every citizen to conserve his own language, script or culture. Article 30 provides that all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice.
6) Right to Constitutional Remedies(Article 32):
Article 32 deals with the right to Constitutional remedies. The citizens of India can protect their Fundamental Rights through this right only. This right enables the individuals to approach a High Court under Article 226 or the Supreme Court under Article 32 to get any of the Fundamental Rights Restored in case of their violation. The Supreme Court and the State High Courts issue various writs for the implementation of Fundamental Rights. Dr.Ambedkar described this right as the Heart and Soul of the Constitution.
Question 2.
Explain the Directive Principles of State Policy.
Answer:
Directive Principles of State Policy are enumerated in Articles from 36 to 51 in Part – IV of the Indian Constitution. They are borrowed from the Irish Constitution. They help in realizing the objectives mentioned in the preamble.
Types of Directive Principles of State Policy :
Directive principles can be classified into three broad categories namely., Socialistic, Liberal-intellectual and Gandhian principles.
Article 36 defines the term “State”.
Article 37 declares that the Directive principles shall not be enforceable by any court.
I. Socialist Principles :
Articles 38, 39, 41, 42, 43, and 47 explains about the socialistic ideology of the Directive Principles of State Policy.
1) Article 38 prescribes that the state shall strive to provide Justice and promote welfare of the people by veeating a proper economic, social and political atmosphere.
2) Article 39 directs the state to secure its citizens.
- Adequate means of livelihood for all citizens.
- Equitable distribution of wealth for subserving the common good.
- Equal pay for equal work for all.
- Protection of adult and child labour.
- Decentralization of nation’s wealth.
- Preserving the health and strength of workers, men and women.
- Protecting childhood and youth against exploitation.
3) To secure right to work and education for all people, relief in the case of unemployment; old age, sickness and disablement and in other cases of underserved want(Article 41);
4) To make provision for just and human conditions of work and maternity relief (Article 42);
5) To secure living wage and decent standard of life so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities(Article 43).
6) Raising the level of.nutrition and standard of living of the people and the improvement of public health(Article 47).
2. Liberal-intellectual principles :
The principles represent the ideology of liberalism and certain objectives like provision of basic education, uniform civil code, independent judiciary and international peace. They are incorporated in Articles 44, 45, 50 and 51 of the Constitution.
- The State shall secure for the citizens uniform civil code throughout the country(Article 44).
- The State shall provide free and compulsory education for all the children below 14 years of age. The Constitution (Eighty Sixth Amendment) Act,2002 substituted the following words in Article 45. “The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years”(Article 45).
- The State organize agriculture and animal husbandry on modern and scientific lines (Article 48).
- The State protect monuments which are declared to be of national importance (Article 49).
- The State protect and improve the environment and to safeguard forests and wild life (Article 48A).
- The State shall take steps to separate judiciary from executive in public services of the State (Article50).
- The State shall
(a) Promote international peace, justice and security.
(b) Maintain just and honorable relations with other nations.
(c) Protection of monuments and place of historical and cultural interest.
(d) Respect for international laws and treaty obligations; and
(e) Encourage settlement of international dispute by arbitration (Article 51).
3. Gandhian Principles :
These Principles are based on gandhian ideology. They represent the programme of reconstruction enunciated by Mahatma Gandhi during the national movement. These principles provide ideal rule in India. They are reflected in Articles 40, 43, 46 and 47. They . may be enumerated as under.
- The State shall organize village Panchayats and endow them with adequate powers and authority so as to enable them to function as the units of self-government (Article 40).
- The State shall strive for the promotion of cottage industries on individual or cooperative basis in rural areas (Article 43).
- The State shall promote the educational and economic interests of the SCs, STs and BCs of society with special care (Article 46).
- The State shall endeavour to bring about prohibition of intoxicating drinks and of drugs which are injurious to health (Article 47).
Other Principles :
The Constitution (Forty Second and Forty Fourth Amendment) Acts of 1976 and 1978 added a few more subjects to the list of Directive Principles. While the Constitution (FortySecond Amendment) Act inserted Articles 39A, 43A and 48A, the Constitution (Forty Fourth Amendment) Act included Article 39 Clause (2). They comprise the following provisions.
- Providing opportunities for healthy development of children.
- Promotion of equal justice and legal aid to the poor.
- Securing participation of workers in the management of industries.
- Protecting the environment, forests and wild animals.
Question 3.
What are the differences between Fundamental Rights and Directive Principles of State Policy?
Answer:
Fundamental rights and Directive principles of State Policy are two important features of the Indian constitution, both are important from the social perspective. They differ from one another as under.
| Fundamental Rights | Directive Principles of State Policy |
| 1. Fundamental Rights are negative in nature. The State restrained from doing something detrimental to the individual. | DPSP are positive in nature. The State’s activity to transform the socially and Economically. |
| 2. These are Justifiable in courts. Courts issue writ orders for implementation of these FRs under Article 32. | DPSP are not justifiable. Courts cannot compel the government of implement them. |
| 3. Article 13 states that any law or order made violating the provisions of FRs become void. | No law will be declared void on the ground that, it violated DPSR |
| 4. FRs concerned about the citizens and protects the individual liberty and life. | DPSP are aimed at development and welfare of the nation in social, political and economic aspects. |
| 5. Whenever a conflict aris between FRs and DPSp, FRs override DPSP. | DPSP cannot override Fundamental Rights of an individual. |
| 6. These are enumerated in Part III of constitution Articles from 12 to 35. | These are enumerated in Part IV of Constitution Articles from 36 to 51. |
| 7. No Separate Legislation is required to enact or implement the Fundamental Rights. | To implement the DPSP, separate Legislation is to be passed. |
| 8. These are orders to the state and successive governments from the constitution. | These are the advises for successive governments for implementation of the special and ideals of constitution makers. |
| 9. Whoever be in the, government, FRs shall be implemented. | DPSP can be implemented according to the will and wish of the persons in government Because there may be constraints in implementation like lack of resources, opposition from various groups etc. |
| 10. The concept of Fundamental Rights was borrowed from the American Constitution. | The concept of Directive principles of State Policy was borrowed from the Irish Constitution. |
Very Short Answer Questions
Question 1.
Right to Equality.
Answer:
Articles 14 to 18 deals with this Right Article 14 guarantees equality before law to all persons. These can be no special privillege to any individual. All those who violate laws are given the same punishment. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them. Article 16 provides equality of opportunity in the matter of public employment Article 17 abolishes untouchability and makes its practice in any form an offence. Article 18 prohibits the State from conferring any title except a military or academic distinction.
Question 2.
Right to Freedom.
Answer:
Right to freedom (Articles 19 – 22): Articles 19 to 22 deals with this Right. Article 19 is the most important part of the Constitution. It guarantees 6 freedoms to the citizens. They are :
- Freedom of speech and expression.
- Freedom to assemble peacefully and without arms.
- Freedom to form associations or unions.
- Freedom to move freely throughout the territory of India.
- Freedom to reside and settle in any part of the territory of India.
- Freedom to practice any profession or to carry on any occupation.
Article 20 says that a person shall be convicted only for violating an existing law.
Article 21 says that no person shall be deprived of his life and liberty except according to the procedure established by law.
Article 22 provides that every person should be informed the cause of his arrest.
Question 3.
Right to Religion.
Answer:
This Rights denotes the Secular Nature of Indian Political System. It aims at transforming India into a secular state. Both the citizens and Aliens of India enjoy this Rights. Articles from 25 to 28 in Part – III of Indian constitution deals with Right to freedom of Religion. This Right enables the individuals to profess, practice and propagate any religion according to their conscience.
Question 4.
Gandhian ideas in Directive principles.
Answer:
- The State shall organize village panchayats and endow them with adequate powers and au thority so as to enable them to function as the units of self-government (Article 40).
- The State shall strive for the promotion of cottage industries on individuals or cooperative basis in Rural areas (Article 45).
- The State shall promote the Educational and Economic interests of the SCs, STs and BCs of society with special care (Article 46).
- The State shall endeavour to bring about prohibition of intoxicating drinks and of drugs which are injurious to health (Article 47).
Question 5.
Socialistic Principles in directive principles.
Answer:
These are added in the Directive Principles for achieving the objective of establishing a welfare State in India. Articles38, 39, 41, 42, 43, 46 and 47 explains about the socialist ideology of the Directive Principles.
Ex: i) State shall strive; to promote the welfare of the people by protecting social order.
ii) State shall provide provisions of adequate means of. livelihood.
iii) Distribution of material resources for subserving the common good.
Question 6.
Any four Fundamental Duties.
Answer:
- To Abide by the Constitution, Respect its ideals and Institutions, the National Flag, and the National Anthem.
- To cherish and follow the noble ideals which inspired our national movement.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render National Service when called upon to do so.
Question 7.
Right to constitutional remedies.
Answer:
Article -32 states thievery citizen has the right to move the supreme court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed.
The Supreme Court shall have the power to issue directions or orders or writs in the nature of Habeas Corpus. Mandamus, Prohibition, Quo Warranto, and Certiorari whichever may be appropriate for the enforcement of any of the rights conferred by this part.