Chapter 2: Rights In The Indian Constitution
Source: NCERT Official Textbook
The chapter systematically explains each category of Fundamental Rights. The Right to Equality includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, equality of opportunity in public employment, abolition of untouchability, and abolition of titles. The Right to Freedom encompasses freedom of speech, assembly, association, movement, residence, and profession, along with the crucial right to life and personal liberty under Article 21, which courts have expanded to include right to live with dignity, shelter, and livelihood. The Right against Exploitation prohibits forced labour (begar), human trafficking, and employment of children in hazardous jobs. The Right to Freedom of Religion guarantees freedom of conscience and practice, while allowing government intervention to protect public order, morality, and health. The Cultural and Educational Rights protect minorities’ right to conserve their language and culture and establish educational institutions. Finally, the Right to Constitutional Remedies, described by Dr. Ambedkar as the “heart and soul of the Constitution,” enables citizens to approach High Courts or Supreme Court through writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) for enforcement of rights.
The chapter concludes by examining the Directive Principles of State Policyβnon-justiciable guidelines that exhort the government to ensure the well-being of society, including goals like adequate livelihood, equal pay, right to work, education, and public assistance. Unlike Fundamental Rights which restrain government, Directive Principles instruct government to take positive action. The relationship between them has been debated, particularly regarding the now-removed right to property. The Kesavananda Bharati case established that while Parliament can amend the Constitution, it cannot alter its basic structure. The chapter also mentions the Fundamental Duties added by the 42nd Amendment, though these are not enforceable and do not condition the enjoyment of rights. Together, these constitutional provisions create a framework where rights enforce limitations on government and ensure democratic governance, with institutions like the National Human Rights Commission and various national commissions working alongside the judiciary to protect citizens’ rights.
Topics Covered:
Section A: Descriptive Questions
- What is the importance of rights in a democracy? Use the examples of construction workers and Machal Lalung to explain. (Pg. 26-28) Page 51-53
- What are Fundamental Rights? How are they different from ordinary legal rights? (Pg. 28-29) Page 53-54
- What does the Right to Equality provide? Give its main provisions. (Pg. 30-33) Page 55-58
- What does the Right to Freedom include? Explain the right to life and personal liberty. (Pg. 34-36) Page 59-61
- What is preventive detention? Why is it controversial? (Pg. 35) Page 60
- What are the rights of accused persons guaranteed by the Constitution? (Pg. 36) Page 61
- What does the Right against Exploitation prohibit? (Pg. 37-38) Page 62-63
- What does the Right to Freedom of Religion guarantee? What are its limitations? (Pg. 38-39) Page 63-64
- What are Cultural and Educational Rights? Why are they important for minorities? (Pg. 39-40) Page 64-65
- Why did Dr. Ambedkar call the Right to Constitutional Remedies the ‘heart and soul of the Constitution’? (Pg. 41) Page 66
- What are the different types of writs that courts can issue? Explain each briefly. (Pg. 41) Page 66
- What are Directive Principles of State Policy? Why were they included in the Constitution? (Pg. 43-44) Page 68-69
- What do the Directive Principles contain? Give examples. (Pg. 43-44) Page 68-69
- What is the relationship between Fundamental Rights and Directive Principles? How do they complement each other? (Pg. 45-47) Page 70-72
Section B1: Objective MCQs
What is a ‘bill of rights’? (Pg. 28)
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Reference: NCERT Page 53
Fundamental Rights are protected and guaranteed by: (Pg. 29)
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Reference: NCERT Page 54
The practice of untouchability has been abolished under which right? (Pg. 32)
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Reference: NCERT Page 57
Article 21 of the Constitution deals with: (Pg. 34)
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Reference: NCERT Page 59
Preventive detention can be extended only for three months, after which it must be reviewed by: (Pg. 35)
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Reference: NCERT Page 60
Which of the following is NOT a right of accused persons? (Pg. 36)
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Reference: NCERT Page 61
The Constitution forbids employment of children below the age of ______ years in dangerous jobs. (Pg. 38)
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Reference: NCERT Page 63
The government can impose restrictions on the practice of freedom of religion to protect: (Pg. 38)
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Reference: NCERT Page 63
Minorities, religious or linguistic, have the right to: (Pg. 40)
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Reference: NCERT Page 65
The Right to Constitutional Remedies gives citizens the right to approach which courts to restore fundamental rights? (Pg. 41)
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Reference: NCERT Page 66
Which writ is issued when a person is holding office but is not entitled to hold that office? (Pg. 41)
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Reference: NCERT Page 66
Directive Principles of State Policy are: (Pg. 43)
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Reference: NCERT Page 68
The 42nd amendment to the Constitution inserted which of the following? (Pg. 44)
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Reference: NCERT Page 69
The Kesavananda Bharati case established that: (Pg. 47)
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Reference: NCERT Page 72
Section B2: Factual One-Liners
A bill of rights prohibits government from acting against the rights of individuals and ensures a ______ in case of violation. (Pg. 28) Page 53
Reveal Answer
Fundamental Rights may only be changed by ______ the Constitution itself. (Pg. 29) Page 54
Reveal Answer
Article 16(4) of the Constitution clarifies that a policy like ______ will not be seen as a violation of right to equality. (Pg. 33) Page 58
Reveal Answer
If arrested, the person has the right to defend himself by a ______ of his choice. (Pg. 34) Page 59
Reveal Answer
There is a clear tension between right to life and personal liberty and the provision for ______ detention. (Pg. 35) Page 60
Reveal Answer
No one is guilty unless the court has found that person ______ of an offence. (Pg. 36) Page 61
Reveal Answer
Forced labour without payment, imposed by landlords and moneylenders, is known as ______. (Pg. 37) Page 62
Reveal Answer
India does not have any official ______. (Pg. 39) Page 64
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Minorities are groups that have common language or religion and are outnumbered by some other social ______. (Pg. 40) Page 65
Reveal Answer
A writ of ______ means the court orders that the arrested person should be presented before it. (Pg. 41) Page 66
Reveal Answer
The National Human Rights Commission (NHRC) was established in the year ______. (Pg. 42) Page 67
Reveal Answer
Directive Principles are guidelines that are ‘non-justiciable’, meaning they cannot be enforced by the ______. (Pg. 43) Page 68
Reveal Answer
The right to property was removed from the list of Fundamental Rights by the ______ amendment. (Pg. 45) Page 70
Reveal Answer
Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well-being of the entire ______. (Pg. 45) Page 70