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Rights in the Indian Constitution – Class 11 Political Science notes, important questions and MCQs
NCERT Class 11 Political Science, chapter 2. Notes, key terms, important questions with answers and MCQs.
Chapter overview
Rights are claims of a person over other fellow beings, society and the government, recognised by society and law. The Indian Constitution guarantees Fundamental Rights in Part III, which can be enforced through courts, and sets out Directive Principles of State Policy in Part IV, which guide the government but are not enforceable. Fundamental Duties were added later. Bodies such as the National Human Rights Commission help protect rights.
Fundamental Rights
- Right to equality (Articles 14–18), right to freedom (Articles 19–22), right against exploitation (Articles 23–24), right to freedom of religion (Articles 25–28), cultural and educational rights (Articles 29–30) and right to constitutional remedies (Article 32).
- Article 21 protects life and personal liberty, and courts have interpreted it widely to include livelihood, privacy and a clean environment; Article 21A gives free and compulsory education to children aged 6–14.
- The right to property was removed from the list of Fundamental Rights by the 44th Amendment (1978) and is now a constitutional right under Article 300A.
Constitutional remedies
- Dr B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution.
- Courts can issue writs: habeas corpus (produce a detained person), mandamus (order an official to perform a duty), prohibition (stop a lower court from exceeding jurisdiction), certiorari (transfer or quash a case of a lower court) and quo warranto (question a person's right to hold an office).
- The National Human Rights Commission, set up in 1993, investigates complaints of human rights violations.
Directive Principles and Fundamental Duties
- Directive Principles (Articles 36–51) set goals such as adequate livelihood, equal pay for equal work, free legal aid, uniform civil code and protection of the environment.
- They are not justiciable, but they are fundamental in the governance of the country.
- Fundamental Duties (Article 51A) were added by the 42nd Amendment in 1976.
Key terms
- Fundamental Rights
- basic rights guaranteed by Part III of the Constitution and enforceable by courts
- Writ
- a formal order issued by a higher court to protect rights
- Habeas corpus
- a writ ordering that a detained person be produced before the court
- Directive Principles
- guidelines in Part IV for the state to follow in making laws and policies
- Justiciable
- enforceable through courts
Important questions with answers
What is the difference between Fundamental Rights and Directive Principles?2 marks
Fundamental Rights are justiciable, meaning they can be enforced through courts, and they mainly protect individuals by limiting the state. Directive Principles are non-justiciable guidelines that direct the state to secure social and economic welfare; they cannot be enforced in courts but are fundamental in governance.
Why is the right to constitutional remedies important?3 marks
The right to constitutional remedies under Article 32 allows a citizen to go directly to the Supreme Court if Fundamental Rights are violated. Without it, other rights would be meaningless, so Dr Ambedkar called it the heart and soul of the Constitution. Courts can issue writs such as habeas corpus and mandamus to protect rights.
Describe the Fundamental Rights guaranteed by the Indian Constitution.5 marks
The Indian Constitution guarantees six Fundamental Rights in Part III. The right to equality (Articles 14–18) ensures equality before law and equal protection of laws, prohibits discrimination on grounds of religion, race, caste, sex or place of birth, ensures equality of opportunity in public employment, abolishes untouchability and abolishes titles. The right to freedom (Articles 19–22) gives freedoms of speech and expression, assembly, association, movement, residence and profession, protects life and personal liberty under Article 21, provides free and compulsory education for children aged 6–14 under Article 21A, and gives protection against arbitrary arrest. The right against exploitation (Articles 23–24) prohibits trafficking, forced labour and employment of children below 14 in hazardous work. The right to freedom of religion (Articles 25–28) gives every person freedom of conscience and the right to profess, practise and propagate religion, and ensures the state has no religion of its own. Cultural and educational rights (Articles 29–30) protect the language and culture of minorities and allow them to establish educational institutions. The right to constitutional remedies (Article 32) allows citizens to approach the Supreme Court for enforcement of these rights through writs. These rights are subject to reasonable restrictions in the interest of public order, morality and security.
Quick revision
- Six Fundamental Rights; Article 32 as heart and soul.
- Five writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
- Property right removed by 44th Amendment; now Article 300A.
- Directive Principles non-justiciable; Duties in Article 51A.
Exam tips
- Learn the five writs with their literal meaning and use.
- Compare Fundamental Rights and Directive Principles in a table.
Practice MCQs
Fundamental Rights are contained in
- Part IV
- Part III
- Part IX
- Schedule VII
Show answer
Answer: (b) Part III. Part IV has Directive Principles.
The writ ordering a detained person to be produced before the court is
- habeas corpus
- mandamus
- certiorari
- quo warranto
Show answer
Answer: (a) habeas corpus. It protects personal liberty.
Who called Article 32 the heart and soul of the Constitution
- Nehru
- Gandhi
- B.R. Ambedkar
- Patel
Show answer
Answer: (c) B.R. Ambedkar. It provides constitutional remedies.
The right to property was removed from Fundamental Rights by the
- 42nd Amendment
- 44th Amendment
- 73rd Amendment
- 86th Amendment
Show answer
Answer: (b) 44th Amendment. It is now under Article 300A.
Directive Principles of State Policy are
- not enforceable by courts
- enforceable by courts
- part of Fundamental Rights
- only for courts
Show answer
Answer: (a) not enforceable by courts. They guide policy.
The writ questioning a person's right to hold a public office is
- prohibition
- mandamus
- quo warranto
- habeas corpus
Show answer
Answer: (c) quo warranto. It means 'by what authority'.
Courts have held that the right to life under Article 21 includes
- only the right to vote
- the right to property only
- the right to livelihood and privacy
- no other right
Show answer
Answer: (c) the right to livelihood and privacy. The article has been interpreted widely.
A government officer refuses to perform a legal duty. The appropriate writ is
- certiorari
- habeas corpus
- mandamus
- quo warranto
Show answer
Answer: (c) mandamus. It commands performance of a public duty.
All chapters of Class 11 Political Science
Written by Kundali IQ from standard, well-established facts to help with revision. This is not an official NCERT publication; always read your textbook too.