Salient Features of the Constitution

All of the above

Reason — Universal Adult Franchise, Fundamental Duties and Single Citizenship are all salient features of the Indian Constitution.

Both (A) and (R) are false.

Explanation — The Fundamental Rights are given in Part-III of the Constitution of India, while the Fundamental Duties are given in Part-IV of the Constitution of India.

Right to vote

Reason — A Person of Indian Origin registered as an Overseas Citizen of India (OCI) is not given any voting rights, though he may enter the country, purchase a home and conduct business.

Three

Reason — A person detained under Preventive Detention can be kept in custody for a period of three months without trial, after which the detention can be extended only by an Advisory Board consisting of a judge of the High Court.

a Legal Right

Reason — The Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978, and Article 300A made it a legal right.

X will be given the status of PIO

Reason — Since X's parents were originally Indian citizens, X qualifies as a Person of Indian Origin and will be given the status of PIO, not Indian citizenship, as X acquired the citizenship of country 'F' by birth.

All Indians irrespective of the State of their domicile are the citizens of India.

Reason — Single Citizenship means all Indians, irrespective of the State of their domicile, are citizens of India alone and not of the State of their domicile as well.

Both (A) and (R) are true, and (R) is the correct explanation of (A).

Explanation — Article 15 prohibits discrimination on grounds mentioned in Article 14, that includes discrimination on the basis of economic status, caste, colour, creed, religion or gender. This ensures social and economic equality.

The Right to Equality.

Reason — Paying a female candidate less salary than a male for the same post denies equality of opportunity, thereby violating the Right to Equality.

19(1)

Reason — The Right to Information has been included in Article 19(1) of the Constitution as it is implicit in the Right to Freedom of Speech and Expression.

(A) is true but (R) is false.

Explanation — The State can make laws to prescribe professional or technical qualifications necessary for practising any profession.

Right to Freedom

Reason — Just as the Right to Equality is covered under Articles 14-18, the Right to Freedom is covered under Articles 19-22.

Right to Constitutional Remedies

Reason — The writs are issued by the Supreme Court and the High Courts under Article 32, which provides the Right to Constitutional Remedies; hence the writs give power to this right.

Both (A) and (R) are true, and (R) is the correct explanation of (A).

Explanation — The Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution.

Habeas Corpus

Reason — The writ of Habeas Corpus ('to have the body') is issued to secure the release of a person unlawfully detained by any person or the State. Hence it applies to the unlawfully detained labourer.

Right to Education.

Reason — The Right to Education (Article 21A) guarantees free and compulsory education to all children between the ages of 6 and 14 years; denying admission to the seven-year-old boy violates this right.

Right to Equality: Article 14-19

Reason — The Right to Equality is covered under Articles 14-18, not Articles 14-19; hence this statement is incorrect.

All of the above

Reason — An implied Fundamental Right is a part of a named Fundamental Right, partakes of its basic nature and character, and the RTI is implicit in the Right to Freedom of Speech and Expression.

The term 'Single Citizenship' means that all Indians irrespective of the state of their domicile are the citizens of India.

Fundamental rights are universal in nature as they are same for all human beings and don't make any distinction based on race, colour, sex, religion, etc.

Fundamental Rights are justiciable because citizens can directly approach the Supreme Court (under Article 32's Right to Constitutional Remedies) or a High Court for their immediate enforcement if any of these rights are violated.

The term 'Right to Equality' means equality of every citizen before law irrespective of economic status, caste, colour, creed, religion or sex. This right provides equality of opportunity for all citizens in matters relating to employment in an office under the central or state government. It abolishes untouchability and titles like Rai Sahib, Khan Bahadur, Maharaja, etc.

'The Right to Freedom' is one of the Fundamental Rights granted to citizens of India.

'The Right to Freedom of Religion' is an example that India is a secular country. The Right to Freedom of Religion gives Indian citizens the freedom to practice and preach religion of their choice.

'Right Against Exploitation' is the Right that upholds the dignity of the individual and prohibits exploitation in many respects like slavery, beggary and other forms of forced labour. It also prohibits, child labour (Article 24), human trafficking and use of women or girls for immoral purposes.

The Fundamental Duties were added to the Indian Constitution by the 42nd Amendment Act, 1976. Later, the 86th Amendment Act, 2002, introduced an additional duty making it mandatory for a parent or guardian to provide educational opportunities to their child or ward between the ages of six and fourteen years.

The citizens of India can file an application under RTI with the Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) if they wish to seek any information from the government authorities.

(a) Single Citizenship — The Indian Constitution provides for a Single Citizenship. This means that all Indians irrespective of the state of their domicile are the citizens of India. A person born in Punjab or Kerala can only be a citizen of India and not a citizen of the State of their domicile as well. This has been done to ward off separatist tendencies and promote fraternity and unity among the people.

(b) Universal Adult Franchise — This means that all persons of 18 years of age and above have the right to vote irrespective of their caste, colour, religion, etc. The constitution of independent India replaced the British era communal electorate with joint electorate. According to this system, resident voters of a constituency have to vote for the same candidate irrespective of caste or creed.

(c) Fundamental Rights — The Fundamental Rights are given in Part-III of the constitution. They are basic human rights, which provide the conditions essential for the all-round development of a human being. They protect people against unjust discrimination among members of the community and give recognition to dignity and equality of all human beings. The Indian Constitution provides 7 Fundamental Rights to the citizens of India:

1. Right to Equality
2. Right to Freedom
3. Right Against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
7. Right to Education

(a) The Fundamental Rights are so called because they are the basic human rights which provide the conditions essential for the all-round development of a human being. Hence, they must be given to every person without any distinction on the basis of caste, creed, sex, colour, religion etc.

(b) The three characteristic features of Fundamental Rights are:

1. They protect people against unjust discrimination.
2. They don't make any distinction between human beings.
3. They can be suspended when the president declares a state of Emergency in the country.

(c) The Right to Equality has political, social and economic components. Following are the components of Right to Equality:

1. Equality before law — Article-14 guarantees both equality before law as well as equality in protection by law irrespective of economic status, caste, colour, creed, religion or sex. Article-15 prohibits discrimination on grounds mentioned above making such discrimination a punishable offence.
2. Equality of Opportunity — Article-16 provides for equality of opportunity for all citizens in matters relating to employment in an office under the State or Central government. It also allows making of reservations of posts in favour of Scheduled Castes and Tribes by passing a law.
3. Abolition of Untouchability — Article-17 abolishes untouchability and its practice in any form. Any person preventing the other from entering a place of public worship, using a public well or a public transport system, etc. can be punished by law.
4. Abolition of Titles — Article-18 abolishes all titles like Rai Sahib, Khan Bahadur, Maharaja etc. These titles are considered a negation of equal status for all.

(a) Article 19 of the Constitution guarantees the following six basic freedoms to its citizens:

1. Freedom of speech and expression.
2. Freedom to assemble peacefully without arms.
3. Freedom to form associations and unions.
4. Freedom to move freely throughout India.
5. Freedom to reside and settle in any part of India.
6. Freedom to practise any profession, trade or business.

(b) Article 19 can be suspended during an Emergency. When the President declares a state of Emergency under Article 352 in case of war, external aggression or armed rebellion, the Fundamental Rights, including the freedoms guaranteed under Article 19, can be suspended. Such a suspension is temporary and remains in effect only as long as the Emergency is in operation. As soon as the Emergency is over, the rights are restored.

(c) The "Right to move courts" refers to the Right to Constitutional Remedies under Article 32, famously called the "heart and soul of the Constitution" by Dr. Ambedkar. It empowers citizens to directly approach the Supreme Court (or High Courts under Article 226) for the enforcement of their Fundamental Rights. To guarantee this protection, the courts can issue five types of specialized legal orders known as writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.

(a) Under Article-20 the following protections are available to a citizen:

1. Greater penalty than what is prescribed under the law is prohibited.
2. No one can be punished or prosecuted for the same offence twice.
3. A person cannot be compelled to be a witness in the case where he himself is accused of the offence.

(b) Preventive detention means keeping a person in custody on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the State. In case a person is detained under Preventive Detention he can be kept in custody for a period of three months without trial. Such a person has the following rights

1. Prevention Detention does not mean that a person stands accused. It is only a precautionary measure.
2. Detention beyond three months can be extended only by an Advisory Board constituted for the purpose and consisting of a judge of the High Court.
3. Grounds of detention have to be specified and the detainee informed of these grounds. He also has the right to make representation against the detention order.

(c) The Right to protection has following limitations:

1. Public Interest - The authority or the State can take recourse to public interest and refuse to disclose the grounds of detention.
2. Power of the Parliament - The legislature or the Parliament has the power to specify the maximum period of Preventive Detention.

(a) Article 32 of the Indian constitution gives the Right to Constitutional Remedies. This right is given to citizens to move the Supreme Court or the High Courts for the enforcement of other Fundamental Rights conferred on them. Also, the Supreme Court and the High Courts are empowered to issue writs providing legal remedies to individuals in case their Fundamental Rights are violated.

(b) This Right is important because it ensures the protection of other rights provided by the constitution. According to Dr. Ambedkar, it is the "heart and soul of the constitution". It is not just a right but a remedy.

(c) The writs make the Right to Constitutional Remedies the most important and also make it an effective tool for their enforcement. This is because a writ is a formal written order issued by the Supreme Court and the High Courts to provide legal remedies to individuals who do not obtain adequate protection under ordinary laws.

(a) The components of the Right to Education are:

1. Protection of language, script, culture of minorities (Article-29).
2. Right to establish and administer minority educational, social and cultural institutions (Article-30).

(b) An implied Fundamental Right is one which is a part of a named Fundamental Right or partakes of the same basic nature and character as that Fundamental Right. Since RTI is implicit in the Right to Freedom of Speech and Expression (Article-19), it is an implied Fundamental Right because if one does not know the facts one cannot speak freely.

(c) On August 24, 2017, the Supreme Court confirmed that the right to privacy is a fundamental right that does not need to be separately articulated but can be derived from Articles 14, 19 and 21 of the Constitution. It is a fundamental right about all information of a person and the choice that he makes. It protects an individual from the scrutiny of the State in their home, of their movements and over their reproductive choice, choice of partners, food habits, etc.

(a) The Right to Privacy is a fundamental right which protects an individual's personal life and dignity from unwarranted interference. On August 24, 2017, the Supreme Court of India declared the Right to Privacy a fundamental right. It is not separately articulated in the Constitution but can be derived from Articles 14, 19 and 21 of the Constitution.

(b) The Right to Privacy is not absolute and can be restricted to protect legitimate state interests (such as national security, crime prevention, or social welfare delivery). However, any such state restriction must pass a strict three-fold test:

1. Legality: There must be an actual law in place that justifies the encroachment.
2. Need/Legitimacy: The restriction must address a valid, non-arbitrary state requirement.
3. Proportionality: The legal means used by the state must be proportional to the objective it aims to achieve.

(c) It is defined as a 'historic judgement having far reaching impact' because of the following reasons:

1. It is a fundamental right that continues to affect laws, governance and everyday life.
2. It has recognised privacy as essential to human dignity, freedom and autonomy, and protects individuals from arbitrary state interference.
3. It impacts all existing and future laws such as those related to surveillance, data collection of individuals and technology.
4. With the increasing use of digital technology, it safeguards citizens' personal data and online privacy, making it highly relevant.
5. It limits state power by restricting the government from intruding into the private life of individuals unless it is lawful, necessary and reasonable.

(a) The Fundamental Duties are the basic moral and civic obligations which are expected from the citizens. The Fundamental Duties and Fundamental Rights go hand in hand. For example, the right to freedom implies that we have to maintain a self-restraint and accord similar rights to others which we want for ourselves.

(b) Three Fundamental Duties are:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.

(c) Importance of Fundamental Duties are:

1. To make the citizens aware of their social and economic obligations.
2. To warn them to do and not to do certain things in the interest of their country, fellow citizens and themselves.
3. To protect and awaken the people to their cultural heritage.
4. To tame the unruly elements in society.
5. To strengthen national harmony as they stir up patriotism

(a) Quo- warranto

(b) Mandamus

(c) (i) Writ of Certiorari

(ii) Writ of Prohibition

Fundamental Rights and Fundamental Duties are two sides of the same coin. They are interconnected and interdependent. If every citizen understands and practices their Fundamental Duties while enjoying their Fundamental Rights, it would lead to a harmonious and progressive society. For example, the Right to Equality ensures that every citizen is treated equally, irrespective of their religion, race, caste, sex, or place of birth. On the other hand, it’s the Fundamental Duty of every citizen to respect others, their rights, and not to discriminate. If everyone practices this duty, it would reinforce the Right to Equality, leading to a more equitable society.

Directive Principles of State Policy

Reason — The Directive Principles of State Policy (Part IV) serve as constitutional guidelines that governments must follow when framing laws for country governance. Unlike Fundamental Rights or Duties, which outline citizen entitlements and obligations, these principles specifically direct state policy rather than regulating individual conduct.

All of the above

Reason — The framers of the Constitution were inspired by several sources while drafting the Directive Principles, including the Constitution of the Irish Republic, the Charter of Human Rights framed by the United Nations and the ideas of Mahatma Gandhi. As all three options are among these sources, "All of the above" is correct.

directions

Reason — The Directive Principles are not binding laws but are mere directions to the State to attain certain set objectives.

Not Justiciable

Reason — Just as Fundamental Rights are justiciable and can be enforced through the courts, the Directive Principles are their opposite, they are not justiciable and cannot be enforced by any court of law.

(A) is false, but (R) is true.

Explanation — The Directive Principles are non-enforceable by courts and cannot substitute for actual legislation, but the government must actively take them into account when framing the country's laws.

They enlighten and educate people about profitability for the nation

Reason — The Directive Principles educate voters on what to expect from elected politicians rather than focusing on national financial profitability. The remaining options accurately describe their roles in benchmarking government performance, shaping policy frameworks, and guiding judicial interpretations.

P and R

Reason — Statements P and R are correct because the Directive Principles reside in Part IV and aim to establish a Welfare State. Statement Q is false because acting as a restriction on the State is a characteristic of Fundamental Rights, not Directive Principles.

All of the above

Reason — The government has implemented the Directive Principles through key measures like outlawing untouchability, enacting the Right to Education Act, and introducing EWS reservations. Because all three actions translate these non-justiciable principles into law, "All of the above" is correct.

Both (A) and (R) are true, but (R) is not the correct explanation of (A).

Explanation — The Directive Principles are not enforceable by any court of law in the country. This means that the citizens cannot move the courts of law if the government fails to implement these directives. They are mere directions to the State to attain certain set objectives.

Provide social equality and justice

Reason — Reserving a quota of seats for women promotes equality of opportunity and justice for a section of society, reflecting the Welfare State's aim of ensuring social equality and justice. It is not concerned with education in governance, health benefits or livelihood, making "Provide social equality and justice" the correct aspect.

The Directive Principles of state policy are the guidelines to be followed by the government in the governance of the country. They are not a substitute for laws of the country. The government has to take them into consideration while making laws.

Directive Principles are incorporated in part IV of the constitution, under Article 36 to 51.

Four important sources of Directive Principles are:

1. The Constitution of the Irish Republic
2. The Ideas of Mahatma Gandhi
3. The Charter of Human Rights framed by the United Nations
4. The declaration of the rights of Man and Citizens of revolutionary France

The Directive Principles are not enforceable by law courts, still they are very important. This importance stems from following:

1. Directive Principles are in the nature of a pledge made by the framers of the Constitution to the people of India. They provide a framework, political, social and economic programme for a modern democratic State.
2. The Directive Principles give guidelines to the governments to make laws and draft their policies, according to these fundamental principles. They provide an element of permanence in a democracy.
3. They provide a measure to judge a government's performance.
4. They enlighten and educate the people of what they can expect from the politicians whom they vote to power.
5. They provide a direction to Courts in respect of safeguarding the rights of the citizens.

In case of any conflict between the Directive Principles and Fundamental Rights, the former shall prevail. This is because the welfare of the people as a whole is of paramount importance over that of an individual.

Two measures taken by the Government towards implementation of the Directive Principles of State Policy are:

1. 'The Right to Education' Act has made it mandatory for every child between the ages of 6-14 to be provided free education in all government and government aided schools.
2. Untouchability has been made an offence punishable by law.

(a) Three differences between Directive Principles and Fundamental Rights are:

(b) Although the Directive Principles are not justiciable like Fundamental Rights but they are necessary for creating an atmosphere where Fundamental Rights can be enjoyed. The Directive Principles give guidelines to the Government to make laws and draft their policies in accordance to the welfare of people. They provide a direction to the Courts in respect of safeguarding the rights of the citizens. Thus we can say that the Directive Principles and the Fundamental Rights complement each other.

(c) The significance of the Directive Principles are following:

1. Directive Principles are in the nature of a pledge made by the framers of the Constitution to the people of India. They provide a framework, political, social and economic programme for a modern democratic State.
2. The Directive Principles give guidelines to the governments to make laws and draft their policies, according to these fundamental principles. They provide an element of permanence in a democracy.
3. They provide a measure to judge a government's performance.
4. They enlighten and educate the people of what they can expect from the politicians whom they vote to power.
5. They provide a direction to Courts in respect of safeguarding the rights of the citizens.
6. The Directive Principles direct the government to move towards the goal of a Welfare State. They reflect the ideas of Justice, Liberty, Equality and Fraternity mentioned in the Preamble.
7. Since public opinion backs the Directive Principles, the goal of establishing social and economic order is clearly laid out before the government.
8. The 42^nd Amendment Act, 1976 provides that if a law is made to give effect to any of the Directive Principles it will not be declared unconstitutional even if it takes away any of the rights under Articles 14, 19 and 31.

(a) A Welfare State is a state which seeks to ensure the maximum happiness of maximum number of people living within its territory.

(b) The Constitution of India seeks to established India as a Welfare State. Although the words "Welfare State" are not specifically mentioned in the constitution, the aims and objectives of a Welfare State are clearly pointed out in the Directive Principles of State Policy. These Directives emphasise that the goal of the Indian Polity is a Welfare State, where the State has a positive duty to ensure to its citizens social and economic justice and dignity to the individual.

(c) Four government schemes aimed at social upliftment of the poor are:

1. Ayushman Bharat Yojna
2. Pradhan Mantri Samaan Nidhi Yojana
3. Pradhan Mantri Ujjwala Yojana
4. Pradhan Mantri Gramin Awaas Yojana (Housing for All)

(a) The government implemented many schemes to ensure 'Social Equality and Justice'. One of them is The Right to Education Act.

1. The Right to Education Act has made it mandatory for every child between the ages of 6-14 to be provided free education in all government and government aided schools.
2. The Act also requires all private schools to reserve 25 per cent of seats for the children belonging to economically weaker sections of the society as a part of the public-private partnership plan.

(b) One of the schemes implemented by the government to ensure Economic Welfare of the people is Pradhan Mantri Samaan Nidhi Yojana.

1. Under this scheme, small and marginalised farmers (SMFs) are given Rs. 6000 per year in three instalments of Rs. 2000 each, which is transferred directly to the bank accounts of beneficiaries through direct benefit transfer (DBT) scheme.
2. The scheme aims to help SMFs in procuring various inputs to ensure proper crop health and appropriate yields and thereby augment their income.
3. The scheme will also help protect the farmers from falling in the clutches of money lenders.

(c) India follows the policy of non-alignment and peaceful co-existence.

1. This policy reflects India's directive to promote international peace and security.
2. In order to promote international peace and security India is opposed to colonialism and racialism and has helped many countries to win their freedom. India supported the cause of South Africa against Apartheid.

(a) The Directive Principles of State Policy are the guidelines to be followed by the government in the governance of the country. They are incorporated in Part IV of the Constitution, under Articles 36 to 51, and are to be taken into consideration by the government while making laws.

The three types of justice ensured by the Directive Principles of State Policy are:

1. Social Justice
2. Economic Justice
3. Political Justice

(b) The Gandhian ideals which inspired the Directive Principles of State Policy are:

1. Establishment of village panchayats (local self-government).
2. Promotion of cottage industries in rural areas.
3. Welfare of the weaker sections of society.
4. Prohibition of intoxicating drinks.
5. Protection of cattle.

(c) The Directive Principles of State Policy serve as a roadmap to ensure social justice in the following ways:

1. They direct the government to frame laws and policies for the welfare of the people, especially the weaker sections of society.
2. They aim at establishing a Welfare State, where the State has a positive duty to ensure social and economic justice to its citizens.
3. In pursuance of these directives, measures such as the Right to Education Act, abolition of untouchability, special scholarships and reservation of seats for Scheduled Castes and Scheduled Tribes, and reservation for the Economically Weaker Sections (EWS) have been implemented.

The Directive Principles of State Policy are not justiciable by any court of law because they are only a set of guidelines for policy makers or the government. They are called so because the government has to take them in consideration while making laws. These principles contain lofty ideas, deep human thoughts, belief and knowledge. The policy makers can take these thoughts and ideas into consideration while making laws in a way to create certain privileges for the citizens of India. The directive Principles have wider scope as they deal with wide range of subjects and aim at establishment of a welfare state. They are not rules or rights and therefore, they are not justiciable. They are just moral obligation on state authority for establishment of a welfare state.

Weaker section of society in India in ordinary sense refers to the section of population who are socially, economically, politically and educationally backward than the other section. They suffer due to their backwardness. Our constitution has many provisions for welfare of weaker sections in Indian society. The Directive principles provide us guideline for drafting policies for them.

If I would have been made Minister of Social Welfare, I would have given emphasis on their education because education is the ultimate tool that can help them to uplift their conditions. They should be aware about their rights. My priorities for their upliftment would have been:

1. Providing them with healthcare and education facilities.
2. Self employment schemes for them in order to make them self dependent.
3. Provisions for vocational training of men and women.
4. Eradicating corruption as it will help to realization of all the policies made for the people.