Fundamental Rights, Fundamental Duties and Directive Principles of State Policy Class 9 GSEB Solutions Social Science Chapter 9

Gujarat Board Class 9 Social Science Rise of Fundamental Rights, Fundamental Duties and Directive Principles of State Policy Textbook Questions and Answers

1. Answer the following questions given below:

Question 1. Write in brief about Fundamental Rights being incorporated in the Constitution.
Answer:
Those rights, which are necessary for every human being in order to achieve an around development are known as Fundamental Rights. There are six Fundamental Rights which have been incorporated in the Constitution:

1. Right to Equality:

1. The rights that consider every citizen ‘Equal before Law’ and provide ‘Equal protection of Law’ are called Rights to Equality.
2. This right ensures that citizens will not be discriminated on the basis of their caste, sex, race, grounds of religion, place of birth, etc. and will be treated equally.
3. However, there are certain provisions for women, scheduled castes, etc. so as to bring these segments of society inequality to the rest of the society.
4. To safeguard equality, the Constitution of India prohibits the State from granting any titles. Also citizens of India are not allowed to accept any titles from a foreign state.

2. Right to Freedom:
This Right to Freedom gives every individual the freedom:

1. of Speech and expression.
2. to assemble peacefully without arms.
3. to form associations of unions.
4. to move freely within the territory of India.
5. to live and settle in any part of India.
6. to practice any profession, business or occupation.

We live in a society and so we need to maintain its social structure. Hence, although these six freedoms are given to citizens they enjoy them with certain restrictions and limitations.

3. Rights against Exploitation:

1. This right safeguards women and children and others against exploitation of various forms.
2. This right ensure protection against any exploitation like forced labour, low wages compared to standard wages, working in unhygienic and unsafe environment, child labour, etc.
3. Under Right to Exploitation, one cannot be biased for carrying out state welfare works, military services, social services, etc. on the ground of their religion, caste, gender or creed.

4. Right to Freedom of Religion:

1. India does not have any national religion. Also it does not follow the ideals or principles of any particular religion.
2. The right to freedom against religion says that every person is equally permitted to enjoy the freedom his conscience permits and has the right to acknowledge, practice and spread his religion.
3. There are certain restrictions put on this right to maintain public law and order,
   morality and peace in the country.
4. People are free to conduct and run religious affairs. This included the freedom to establish and maintain charitable institutions to manage religious affairs and acquire and manage movable and immovable property for religious proposes without going against the law.

5. Cultural and Educational Rights:

1. These rights allow a person whether belonging to minority or majority to maintain its culture and obtain education about his culture and religion.
2. Under Cultural and Education Rights, any citizen can get admission in educational institution or a granted institution without getting discriminated on the ground of religion, caste, creed or language.
3. The Indian Constitution also states that religious and language minority groups will have the right to administer and start their own educational institution.
4. It also states that no minority, other than the ones suggested in the Article will have the right to establish any institution.

6. Right to Constitutional Remedies:

1. Right to Constitutional Remedies is a special feature of our Constitution.
2. This right provides an opportunity to the citizens to approach court in case of violation of their Fundamental Right.
3. Dr. Ambedkar considered this right as the ‘Soul of the Constitution’.
4. In case any Fundamental Right of a person is violated, he can make use of right i.e., Right to Constitutional Remedies and seek justice from the court of law.
5. If the court finds that any Fundamental Right of a person is violated, it can issue a ‘writ’ i.e., a legal notice to the one who is depriving the person of this right.

Question 2. Describe the importance of Directive Principles of State Policy.
Answer:

1. The Directive Principles of State Policy (DPSP) serve as guidelines for the states and union as how they can administer the state in a rightful manner.
2. These principles reflect the kind of nation and society we wish to establish.
3. They talk about how the ideals presented in the Preamble can be implemented.
4. They incorporate rights that are required for the overall development of mankind.
5. They aim at attaining political, social and economic democracy.
6. To fulfil this aim the Directive Principles are bifurcated into various sections.

Question 3. Explain the importance of Fundamental Rights.
Answer:
Importance of Fundamental Rights:

1. Fundamental Rights allow human beings to live a dignified life.
2. These rights are stated in our Constitution and so they enjoy a legal status.
3. A democratic country allows its citizens to enjoy equal rights.
4. These rights give citizens freedom to express themselves.
5. Citizens enjoy these rights without any discrimination.
6. The Government and the Constitution protect these rights and see that people enjoy them.
7. These rights provide quality to citizens and protect them from several forms of exploitation.
8. They also provide certain types of freedom to the citizens. Freedom of speech and expression, freedom to move throughout India, settle in any part of country, follow any religion, etc. are all freedom that a person enjoys under Fundamental Rights.
9. These rights also allow one to continue and expand one’s culture.
10. Every citizen gets a right to obtain education, work in a clean, hygienic and safe environment, enter public places like parks, theaters, etc.
11. If a citizen does not get these rights then as per Right to Constitutional Remedies he can also go to the court to seek justice.
12. Thus, Fundamental Rights are extremely important for growth, development and prosperity of a nation and its citizens.

Question 4. What is reasonable control and limitation?
Answer:

1. Our Constitution has given six different freedoms to all Indians. Indians are free to enjoy these rights.
2. On the other hand the fact is that we live in a society and so we need to maintain its social structure.
3. Hence, although these six freedoms are given to citizens they enjoy them with certain restrictions or say reasonable control and limitations.
4. The Constitution has imposed certain restrictions on these freedoms. These restrictions are laid to achieve specific special purpose.
5. Certain strict rules and prohibitions have been put on matters related to maintaining public order, national unity, integrity, contempt of court, defamation, public decency and morality, inciting someone for violence, etc.
6. A person has freedom of speech and expression but the State has the authority to prohibit use of such spoken or written words that promote disharmony, feeling of enmity, hatred or ill-will between people or in the society.

Question 5. Write about Preventive Detention.
Answer:
Prevention Detention:

1. It is a preventive action taken to prevent possible commitment of crime.
2. If government feels something suspicious about someone who may cause some serious harm to the society, then it may arrest him under prevention detention for some time.
3. The arrested person is not punished but detained to stop him from committing crime.
4. Under prevention detention, it is not necessary to present the arrested person before the magistrate.
5. It can be extended only for 3 months. After that the case is brought before an advisory board for review.
6. The detention order can be cancelled based on the opinion of the Judge of the Supreme Court or Members of Advisory Board. The state can decide the term of detention.

Question 6. Mention Fundamental Duties as mentioned in the Constitution.
Answer:
Following Fundamental Duties have been listed in our Constitution:

1. To abide by an respect the Constitution, the National Flag, and the National Anthem.
2. To cherish and follow the noble ideas of our national freedom struggle.
3. To uphold and protect sovereignty, unity and integrity of India.
4. To defend the country and render national services as and when required.
5. To promote common brotherhood of all people in India and renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of the nation’s composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
8. To safeguard public property and to abjure violence.
9. To develop the scientific temples, humanism and the spirit of inquiry and reform.
10. To strive towards excellence is all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11. To provide opportunities for education to child, ward between the age of six to fourteen years.

Question 7. Mention the rights under Minority Provision.
Answer:
Cultural and Educational Rights:

1. These Rights are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.
2. Under Cultural and Educational Rights, any citizen can get admission in educational institution or granted institution without getting discriminated on the basis of religion, caste, creed or language.
3. The Indian Constitution states that religious and language minority groups will have the right to administer and start their own educational institutions.
4. It states that no minority, other than the ones suggested in the Article will have the right to establish any institution.
5. It also prohibits discrimination against any citizen for admission into any educational institution maintained or aided by the state, on the grounds only of religion, race, caste, language or any of them.
6. This right is subject to the power of the state to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilization of any aid granted by it.
7. Any section of citizens having a distinct language, script culture of its own, the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the state from imposing external cultural on them.

2. Write short notes on:

Question 1.
1. Right to Equality
2. Right to Constitutional Remedies
3. Right to Freedom
4. Right against Exploitation
5. Directive Principle for Economic Policies
6. Directive Principles for Political and International Relations.
Answer:
1. Right to Equality:

1. The rights that consider every citizen ‘Equal before Law’ and provide ‘Equal protection of Law’ are called Rights to Equality.
2. The Rights to Equality serves as foundation of all other rights and privileges granted to Indian citizens.
3. This right is considered the chief guarantee of the Constitution of India to provide rights to its citizens. Thus, it is necessary that every citizen of India has easy access to the courts to exercise his/her right to Equality.
4. Moreover, to apply these rights equally, the Constitution of India has abolished the practice of untouchability. Practice of untouchability is declared a crime and anyone doing so, is punishable by law.

2. Right to Constitutional Remedies:

1. Right to Constitutional Remedies is a special feature of our Constitution.
2. This right provides an opportunity to the citizens to go to the court in case of violation of their Fundamental Right.
3. Dr. Ambedkar considered this right as the ‘Soul of the Constitution’.
4. To protect the rights provided by the Constitution to the citizens.
5. In case a person is deprived or denied any of the Fundamental Rights, he can make use of this right i.e, Right to Constitutional Remedies and seek justice from the court of law.
6. If the court finds that a person is deprived or denied a Fundamental Right, it can issue
   a ‘writ’ i.e., a legal notice to the one who is depriving the person of his right.
7. Under this right, it becomes the duty of the judiciary to attends all complaints pertaining to the Fundamental Rights and take sufficient care to see that citizens get proper justice and their.
8. Fundamental Rights are protected.
9. Therefore, the to Constitutional Remedies is not only a special feature of Fundamental Rights, but also very special feature offered to the citizens of the country.
10. One can use this right even against Centre and State.
11. This right is available all the time except at the time of emergencies. No law can stop citizens from using this right.

3. Right to Freedom:
The Right to Freedom is a bunch of six freedoms. They are:

1. The freedom of speech and expression.
2. The freedom to assemble peacefully and without arms.
3. The freedom to form associations or unions.
4. The freedom to move freely throughout the territory of India.
5. The freedom to live and settle in any part of India.
6. The freedom to practice any profession, business or occupation.
   • This right aims at providing overall development to a person. This right is very crucial for democracy.
   • As per this right, the person should enjoy his rights democratically and he should be able to live a healthy and civic life.
   • The Indian Constitution permits freedom of speech and expression to every Indian citizen.
   • It also permits media and press to express their views and thoughts, however his freedom is mentioned in a different clause.
   • The Constitutional Amendment Act, 2002 provides free and compulsory primary education for the children between 6 to 14 years.

4. Right against Exploitation:

1. The Right against Exploitation is one of the most important fundamental rights given by the Indian Constitution.
2. This right protects the citizens in various forms.
3. It aim at protecting citizens from being forced to environmental, domestic and work hazards.
4. This right safeguards women and children and other against exploitation of various forms.
5. Under this right, human trafficking forced labour, forcing into begging, slave trade and prostitution are considered punishable offense and hence should be eradicated from the society.
6. Similarly, making children below the age of 14 years work beyond their capacity and employing them in factories, mines or other hazardous places is also considered exploitation.
7. To save children below 14 years of age from exploitation, the Constitution has made specific provision of not allowing them to be employed for any hazardous work.
8. If the employer fails to follow this provision, it becomes a criminal offence under Abolition of Child Labour.
9. Under Right to Exploitation, one cannot discriminate selecting people for carrying out state welfare works, military services, social services, etc. on the basis of their religion, caste, gender or creed.
10. Based on the situation, the government may pay allowances or may take these services on honorary basis form the citizens.

5. Directive Principles for Economic Policies:

1. Equal distribution of wealth and resources among all classes for the welfare of the citizens should be done.
2. The State should observe that assets and production of resources do not get distributed only to certain groups or sections of the society.
3. Equal pay for equal work for both men and women should be given.
4. Provision should be made for good health. At times, due to financial burden, men, women and even young children take up works at highly unhygienic places. This should not be allowed.
5. State should promote co-operation in administration of industrial units by laborers.
6. Directive Principles should be developed by State for providing protection to children and youth against exploitation and against moral and material abandonment for making them to live in a healthy and dignified environment.
7. Relief and leave at the time of pregnancy should be provided to women. Worker’s insurance bonus, maternity leave, gratuity, and other legal rights should be included in the policy.
8. Policies should be made to organize agricultural and animal husbandry on modem and scientific lines.

6. Directive Principles for Political and International Relations:

1. The state should establish Panchayati Raj. It should appoint suitable officers who work and provide financial aid to establish this system.
2. The state should separate its services from corporate mindedness. It should have a liberal mindset so that appointed judges can be impartial, fearless and courageous in rendering judgments.
3. The state should make attempts to maintain international peace, security, to establish fair relation between nations and to increase respect of international law.

3. Give reasons to the following statements:

Question 1. One can go to the court of law to seek protection against violation of Fundamental Right.
Answer:

1. The Constitution has provided various Fundamental Rights to Indians.
2. These rights are utmost importance for overall development of the citizens.
3. No one can stop them from enjoying these rights.
4. To safeguard the citizens against exploitation and to make sure they are not deprived of these rights, the Constitution has given provisions to the citizens to go to the court in case of the violation of their Fundamental Rights.

Question 2. Right to Constitutional remedies is like the ‘Constitutional Soul’.
Answer:

1. Right to Constitution Remedies is not just a special right, also a very special feature of the Constitution.
2. This right empowers a citizen to go to the court in case he is deprived of any of his Fundamental Rights.
3. The court ensures full protection to the citizens by listening to their complaints and taking proper action.
4. Since a citizen can fight for any right that he is deprived of through the Right to Constitutional Remedies. Hence, this right is known as the ‘Soul of the Constitution’.

Question 3. Freedom cannot be unlimited or absolute.
Answer:

1. Our Constitution has given six different freedoms to all Indians. Everyone is free to enjoy these freedoms.
2. On the other hand the fact is that we live in a society and so we need to maintain its social structure.
3. Hence, although these si