Salient Features of the Constitution - I - Questions & Answers

1. Which of the following are the salient features of the Indian Constitution?
(a) Universal Adult Franchise
(b) Fundamental Duties
(c) Single Citizenship
(d) All of the above.
Answer: (d) All of the above.

2. (A) The Fundamental Rights are given in Part-IV of the Constitution of India.
(R) The Fundamental Duties are given in Part-III of the Constitution of India.
(a) (A) is true but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(d) Both (A) and (R) are false.
Answer: (d) Both (A) and (R) are false.

3. A Person of Indian Origin can enjoy all privileges of an Indian citizen except
(a) Right to vote
(b) Right to purchase a home
(c) Right to enter the country
(d) Right to conduct business
Answer: (a) Right to vote

4. In case a person is detained under Preventive Detention such a person can be kept in custody for a period of ______ months without trial.
(a) four
(b) six
(c) three
(d) twelve
Answer: (c) three

5. Right to Property is
(a) a Fundamental Right
(b) a Fundamental Duty
(c) a Legal Right
(d) no longer a Fundamental Right.
Answer: (c) a Legal Right

6. A person X's parents were originally Indian citizens but took up the citizenship of a foreign country 'F'. X was born in the country 'F' and acquired its citizenship by birth. Which of the following about X's citizenship is correct?
(a) X cannot regain Indian citizenship within one year of turning 18.
(b) X will be given Indian citizenship as X's parents were of Indian origin.
(c) X will be given the status of PIO
(d) X will be given the status of NRI
Answer: (c) X will be given the status of PIO

7. The Constitution of India provides for Single Citizenship. Which of the following statements describe the same?
(a) A person born in India can be either the citizen of a State of domicile or of India.
(b) All Indians irrespective of the State of their domicile are the citizens of India.
(c) All Indians living in India are the citizens of India even if they are not born in India.
(d) All citizens of neighbouring countries living in India are Indian citizens.
Answer: (b) All Indians irrespective of the State of their domicile are the citizens of India.

8. (A) Article 15 of the Constitution prohibits discrimination on the basis of economic status, caste, colour, creed, religion or gender.
(R) Article 14 of the Constitution guarantees both Equality before law and Equality in protection by law.
(a) (A) is true but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(d) Both (A) and (R) are false.
Answer: (c) Both (A) and (R) are true, and (R) is the correct explanation of (A).

9. If a male and a female are selected for the same post but the female candidate gets less salary, which of her following rights is discriminated?
(a) The Right to Freedom.
(b) The Right Against Exploitation.
(c) The Right to Education.
(d) The Right to Equality.
Answer: (d) The Right to Equality.

10. Right to Information has been included in Article ______ of the Constitution.
(a) 19(1)
(b) 20
(c) 21
(d) 22
Answer: (a) 19(1)

11. (A) Right to Freedom gives all the Indian citizens the right to practice any profession, trade or business.
(R) The State cannot make laws to prescribe certain minimum educational, technical or other qualifications for entry to a certain profession.
(a) (A) is true but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(d) Both (A) and (R) are false.
Answer: (a) (A) is true but (R) is false.

12. Complete the analogy
Right to Equality : Articles 14-18 :: ______ : Articles 19-22
(a) Right Against Exploitation
(b) Right to Constitutional Remedies
(c) Right to Freedom of Religion
(d) Right to Freedom
Answer: (d) Right to Freedom

13. The writs give power to which specific Fundamental Right?
(a) Right to Freedom
(b) Right to Constitutional Remedies
(c) Right to Equality
(d) Right to Education
Answer: (b) Right to Constitutional Remedies

14. (A) Right to Privacy is a Fundamental Right that is not separately articulated in the Constitution.
(R) Right to Privacy can be derived from Articles 14, 19 and 21.
(a) (A) is true but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(d) Both (A) and (R) are false.
Answer: (c) Both (A) and (R) are true, and (R) is the correct explanation of (A).

15. A labourer was unlawfully detained by his employer. Which of the following writs will be issued by the Supreme Court or the High Court?
(a) Mandamus
(b) Certiorari
(c) Habeas Corpus
(d) Quo-Warranto.
Answer: (c) Habeas Corpus

16. A seven-year-old boy was not given admission in a school run by the State government. Which of his Fundamental Rights was violated by the State.
(a) Right to Freedom.
(b) Right against Exploitation.
(c) Cultural and Educational Right.
(d) Right to Education.
Answer: (d) Right to Education.

17. Which of the following is incorrect?
(a) Right to Equality: Articles 14-19
(b) Right to Freedom: Articles 19-22
(c) Right to Education: Articles 29-30
(d) Right Against Exploitation: Articles 23-24
Answer: Both (a) Right to Equality: Articles 14-19 and (c) Right to Education: Articles 29-30 are incorrect in the context of the exact constitutional articles.

18. Right to Information is an implied Fundamental Right meaning
(a) it is a part of a named Fundamental Right.
(b) it partakes of the same basic nature and character of the Fundamental Right.
(c) it is implicit in the Right to Freedom and Expression.
(d) All of the above.
Answer: (d) All of the above.

1. What is meant by the term 'Single Citizenship'?
Answer: Single citizenship means that all Indians, irrespective of the State of their domicile, are the citizens of India. Unlike a dual citizenship system, a person born or residing in any Indian state is only a citizen of India and not a citizen of that particular state.

2. 'Fundamental Rights are universal in nature.' Explain in one sentence.
Answer: Fundamental Rights are universal because they are guaranteed to all citizens equally without any discrimination based on caste, colour, creed, religion, or gender.

3. How are the Fundamental Rights justiciable?
Answer: Fundamental Rights are justiciable because if they are violated, a citizen has the right to file a suit directly in a High Court or the Supreme Court to seek legal remedies for their enforcement.

4. What is meant by the term 'Right to Equality'?
Answer: The Right to Equality ensures that every person is equal before the law and gets equal protection of the law, strictly prohibiting any discrimination on grounds of religion, race, caste, sex, or place of birth, while providing equal opportunities in public employment.

5. Mention one Fundamental Right granted to citizens of India.
Answer: The Right to Freedom (Articles 19 to 22) is one of the Fundamental Rights granted to the citizens of India.

6. In the context of Fundamental Rights, give one example that shows India is a secular state.
Answer: The Right to Freedom of Religion (Articles 25 to 28), which grants every citizen the freedom of conscience and the right to freely profess, practice, and propagate any religion of their choice, proves that India is a secular state.

7. What is meant by the term 'Right Against Exploitation'?
Answer: The Right Against Exploitation protects citizens by prohibiting human trafficking, forced labour (begar), and the employment of children below the age of 14 years in factories, mines, or any hazardous environments.

8. By which Act of the Parliament were the Fundamental Duties included in the Constitution? Mention the Fundamental Duty which has been added by the Constitution (86th Amendment) Act, 2002 which is an offshoot of the Right to Education.
Answer: The Fundamental Duties were included in the Constitution by the 42nd Amendment Act, 1976. The duty added by the 86th Amendment Act, 2002 states that it is the duty of a parent or guardian to provide opportunities for education to his/her child or ward between the age of six and fourteen years.

9. To whom can the citizens of India file an application if they wish to seek any information from the government authorities?
Answer: Citizens of India can file an application under the Right to Information (RTI) Act to the Public Information Officers (PIOs) or Assistant Public Information Officers (APIOs) to seek information from government authorities.

1. Explain the following basic features of the Indian Constitution:
(a) Single Citizenship.
(b) Universal Adult Franchise.
(c) Fundamental Rights.
Answer:
(a) Single Citizenship: The Indian Constitution provides for a Single Citizenship to ward off separatist tendencies and promote a feeling of fraternity. This means an Indian is only a citizen of India and not a citizen of the specific state where they reside or were born.
(b) Universal Adult Franchise: It means that every citizen who is 18 years of age or older has the right to vote, irrespective of their caste, colour, religion, gender, or educational qualifications, through a joint electorate system.
(c) Fundamental Rights: Given in Part-III of the Constitution, these are basic human rights essential for an individual's all-around development. They protect citizens from unjust discrimination and arbitrary actions by the State.

2. With reference to the Fundamental Rights answer the following:
(a) Why are Fundamental Rights so called?
(b) State their three characteristic features.
(c) Briefly explain the components of the Right to Equality.
Answer:
(a) They are called Fundamental Rights because they are basic human rights which provide the foundational conditions essential for the all-round development of a human being and are guaranteed by the Constitution.
(b) Three characteristic features are: (1) They are justiciable, meaning citizens can approach the courts for their enforcement. (2) They are not absolute and are subject to reasonable restrictions by the State. (3) They can be suspended during a state of National Emergency.
(c) The components of the Right to Equality (Articles 14-18) include: Equality before the law and equal protection of the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, equality of opportunity in matters of public employment, abolition of untouchability, and abolition of titles.

3. With reference to the given excerpt, answer the following:
(a) What does Article 19 of the Constitution guarantee to its citizens?
(b) Under which circumstances can the enforcement of Article 19 be suspended?
(c) What is meant by the 'Right to move courts' for enforcement of rights? How does the Constitution ensure that Fundamental Rights are effectively protected through the courts?
Answer:
(a) Article 19 guarantees six basic freedoms: freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations and unions, freedom to move freely throughout India, freedom to reside and settle in any part of India, and freedom to practice any profession, trade, or business.
(b) The enforcement of Article 19 can be suspended when the President proclaims a National Emergency in the country due to war, external aggression, or armed rebellion.
(c) The 'Right to move courts' (under Article 32) means that citizens have a fundamental right to approach the Supreme Court or High Courts if their rights are violated. The Constitution ensures protection by empowering these courts to issue special formal written orders called "writs" (like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-warranto) to enforce the violated rights.

4. Article 20 provides for Protection in respect of Conviction for Offences. In this respect answer the following:
(a) What protections are available to the citizens against conviction?
(b) What is meant by Preventive Detention? State the right of citizens in this respect.
(c) Explain the limitations of the Right to Protection.
Answer:
(a) The protections available are: protection against a penalty greater than what is prescribed under the law, protection against double jeopardy (no one can be punished for the same offence twice), and protection against self-incrimination (a person cannot be compelled to be a witness against himself).
(b) Preventive Detention is a precautionary measure where a person is kept in custody without a trial to prevent them from committing a potential threat. A citizen's right in this respect is that they cannot be kept in custody for more than three months without trial or without the permission of a magistrate.
(c) The Right to Protection is not absolute. Limitations include the imposition of reasonable restrictions in the interest of the State's security and national interest. Legislations like Preventive Detention laws or the Essential Services Maintenance Act (ESMA) can restrict rights if essential services are obstructed, affecting normal life.

5. With reference to the Right to Constitutional Remedies, answer the following questions:
(a) How has this right been given legal sanction?
(b) Why is this right important?
(c) Explain how writs issued by courts enforce this right.
Answer:
(a) This right has been given legal sanction through Article 32 of the Constitution, which guarantees citizens the right to move the Supreme Court (and High Courts under Article 226) through appropriate proceedings to enforce their Fundamental Rights.
(b) This right is extremely important because, as Dr. B.R. Ambedkar noted, it is the "heart and soul of the Constitution." Without a remedy to enforce them, Fundamental Rights would be meaningless. It makes the rights justiciable and protects citizens against arbitrary State actions.
(c) Writs enforce this right by acting as formal written commands from the higher courts. For example, Habeas Corpus forces the release of an unlawfully detained person; Mandamus commands an authority to perform its duty; Prohibition and Certiorari keep lower courts within their jurisdiction; and Quo-warranto prevents illegal holding of a public office.

6. With reference to Fundamental Rights, answer the following questions:
(a) What are the components of the Right to Education?
(b) How is the Right to Information an implied Fundamental Right?
(c) Write a short note on Right to Privacy.
Answer:
(a) Granted by Article 21A, the primary component of the Right to Education is that the State shall provide free and compulsory education to all children between the age of 6 to 14 years in such a manner as the state may determine by law.
(b) An implied Fundamental Right partakes of the same basic nature and character as a named right. The Right to Information is implicit in the Right to Freedom of Speech and Expression (Article 19) because a person cannot properly exercise their freedom of speech and expression if they are deprived of access to information.
(c) The Right to Privacy was declared a fundamental right by the Supreme Court on August 24, 2017. Derived from Articles 14, 19, and 21, it protects an individual's personal intimacies, dignity, choices, and autonomy from unwarranted State interference. It impacts laws regarding surveillance and digital data collection, though it is subject to reasonable restrictions.

7. With reference to the given excerpt, answer the following:
(a) What is the Right to Privacy? Under which Article of the Constitution is the Right to Privacy included?
(b) Why is the Right to Privacy subjected to 'Just Restrictions'?
(c) Why is it defined in the excerpt as a 'historic judgement having far reaching impact'?
Answer:
(a) The Right to Privacy is a fundamental right protecting an individual's personal life, choices, and dignity from unwarranted scrutiny. It does not need to be separately articulated but is derived from Articles 14, 19, and 21 of the Constitution.
(b) It is subjected to 'Just Restrictions' because no fundamental right is absolute. The State can impose reasonable restrictions to protect legitimate State interests, such as ensuring national security, investigating crimes, encouraging innovation, and preventing the misuse of social welfare benefits.
(c) It is a 'historic judgement having far reaching impact' because it formally recognized privacy as essential to human dignity and freedom. This ruling shapes how existing and future laws operate regarding citizen surveillance, personal digital data collection, online privacy, and technology.

8. With reference to the Fundamental Duties, answer the following:
(a) What are known as Fundamental Duties?
(b) Give any three Fundamental Duties.
(c) What is the importance of these Duties?
Answer:
(a) Fundamental Duties are a set of moral obligations incorporated in Part IV-A (Article 51-A) of the Constitution for Indian citizens. They act as a reminder that rights and duties go hand-in-hand.
(b) Three Fundamental Duties are: 1) To abide by the Constitution and respect its ideals, the National Flag, and the National Anthem. 2) To uphold and protect the sovereignty, unity, and integrity of India. 3) To safeguard public property and abjure violence.
(c) The importance of these duties is that they make citizens aware of their social and economic obligations, warn them against participating in anti-national activities, awaken them to protect their cultural and natural heritage, and strengthen national harmony and patriotism.

1. Name the writ that will be issued in each of the following circumstances.
(a) Against a person holding a public office to which he is not entitled.
(b) An order to an administrative authority to perform a certain duty.
(c) (i) For the transfer of a case from lower to higher court.
(ii) To prohibit a lower court from proceeding in a case.
Answer:
(a) Quo-warranto
(b) Mandamus
(c) (i) Certiorari
(ii) Writ of Prohibition

2. Fundamental Rights and Fundamental Duties go hand in hand. If this statement is holistically followed many of our problems would be solved. Give your reply with examples to prove your point.
Answer: It is an established principle that there can be no rights in a society where there are no duties. For example, if we claim the Right to Freedom of Speech and Expression, we must simultaneously observe our Fundamental Duty to promote harmony and not use our speech to incite violence or communal riots. Similarly, while we have the Right to Life and Liberty, we possess the duty to safeguard public property and abjure violence. If citizens actively followed this duty, the destruction of public property during protests would halt entirely, solving a major administrative problem. By balancing our personal constitutional rights with our moral responsibilities towards the nation and fellow citizens, society becomes inherently peaceful, orderly, and progressive.