Basic Features Of The Constitution Of India - Class 11 Commerce Legal Studies - Extra Questions

What is called the 'Right to Constitutional Remedies'?

Right to constitutional remedies is guaranteed under Article 32 of Indian Constitution. When any of our rights is violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. The Supreme Court and the High Court have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators.


'Some rights need to be placed higher than the government'. Why?

It is expected from the government in a democracy to protect the citizens' rights. But sometimes elected governments may not protect or may even attack the rights of their own citizens. That is why, some rights need to be placed higher than the government, so that the government cannot violate them.


What are called Fundamental Rights? How many Fundamental Rights are mentioned in our Constitution? Why are they important?

In India, like most other democracies in the world, some rights are mentioned in the Constitution. These rights are fundamental to our life and therefore they are given a special status. They are called Fundamental Rights. There are six Fundamental Rights: 
(i) Right to Equality 
(ii) Right to Freedom 
(iii) Right to Freedom of Religion 
(iv) Right against Exploitation 
(v) Right to Constitutional Remedies 
(vi) Cultural and Educational Rights 
Fundamental Rights are an important basic feature of the Indian Constitution. The Preamble of the Constitution talks about securing for all its citizens' equality, liberty and justice. Fundamental Rights put this promise into effect. They create a feeling of security amongst the minorities in the country. They keep a check on the government.


Which values are associated with universal adult franchise or universal suffrage?

In democratic countries, all adults irrespective of what religion they belong to, how much education they have had, what caste they are, or whether they are rich or poor are allowed to vote. This is called universal adult franchise or universal suffrage. This is an essential aspect of all democracies.
Now we will discuss the values associated with this system.
(i) The idea of universal adult franchise is based on the idea of equality. It gives political equality to all adults of a country.
(ii) Once equality is ensured to the people, there would be peace which is very essential for progress. Everyone will try to do his/her best for his/her country.
(iii) The right to vote strengthens people's confidence. It makes them aware citizens of a country.


Explain five major factors which contributed to the making of our Constitution.

The Constitution of India was made after a series of events that led to it's making:
1) Nationalism arose in people of India, which raised the demand of sovereignty and own Constitution.
2)Draft of Constitution was prepared in 1928 by Motilal Nehru and his companions which reflected the belief and ideology of Indians.
3) In 1935, the Indian National Congress officially demanded a Constituent Assembly to frame the Constitution of India 
4) Constituent Assembly was constituted in 1946 and was entrusted with the responsibility of preparing India's own Constitution.
5) After the Independence, the Assembly was made fully Sovereign body, the partition raised the demand of sovereign recognition of State, the Constituent Assembly adopted Constitution on November 26, 1949.


Why do you think the nationalist movement supported the idea that all adults have a right to vote?

Under colonial rule, the people had lived in fear of the British government and did not agree with many of the decisions that they took.

  • But they faced great danger if they tried to criticised these decisions.
  • The freedom movement changed this situation and the nationalists began to openly criticise the British government and make demands.
  • They demanded that there be elected members in the legislature with a right to discuss the budget and ask questions.
  • That is why nationalist movement supported the idea of the universal adult franchise so that the people can take part in the decision making of the country.


What can we do in case any of our fundamental rights is violated?

When any of our rights is violated we can seek remedy through courts. We can directly approach the Supreme Court or the High Court of a state. 
The Supreme Court and the High Court have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators.


Why Indian Constitution is written and large? Explain.

Written Consititution: The constitution of India was formed by the constituent assembly at a definite time and plan, therefore it is a drafted constitution. The principles of the organisation, structure and functions of judiciary etc., their relations with citizens, rights and duties of citizens have been clearly specified in it. Therefore, we have a written constitution.

Detailed or Large Constitution: Indian constitution is a written constitution which has been drafted by a constituent assembly. It is the largest in the world. It has $$385$$ articles, $$12$$ schedules and is divided into $$22$$ parts, whereas there are $$7$$ articles in the American, $$147$$ Articles in Canadian and $$128$$ Articles in the Australian Constitution. There are the following reasons of the Indian constitution being large- (1) The things related to administration have been described in detail in the Indian constitution. (2) There is a provision of federal form of government in which there are three lists of the division of powers :-
-(i) federal list (ii) state list, (iii) concurrent list; the three lists have been written in detail. (3) Inclusion of fundamental rights and directive principles in the constitution has also made it large, (4) There is a provision for protection of scheduled castes and backward classes in the constitution. This is not in any constitution in the world, (5) There is a special article on citizenship, national language, social services and judiciary. Therefore constitution has become detailed.


What is meant by the term Universal Adult Franchise?

Universal adult franchise means that every person who has attained the age of 18 years is entitled to vote if he is not otherwise disqualified. 


Match the following 

The following are the subject of the stated articles:
Article 17: Abolition of Untouchability
Article 18: Abolition of Titles
Article 24: Prohibition of Child Labour
Article 23: Prohibition of Traffic in Human Beings


Describe the fundamental rights which protect the other fundamental rights. 

Article 32 of Indian Constitution provides if any of fundamental rights are violated any person can move to the supreme court for its remedies. Article 32 which in itself is a fundamental right protects other Fundamental Rights. 

That is why Dr Ambedkar called Article 32 as the most important article of the Constitutionan Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it.


Mention the background of making of the Constitution of India.

The Cabinet Mission under the British rule had proposed to form a Constituent Assembly. In $$1946$$, the Constituent Assembly was formed with Dr. Rajendra Prasad as the Chairman. Dr.B.R.Ambedkar was a drafting committee Chairman. The committee drafted the constitution after a series of discussions and debates. 


In a democracy why is Universal Adult Franchise important?

In a democracy every citizen is equal. A democracy is of the people, for the people and by the people. This could work only if every citizen is free and able to choose the government they want. this could be achieved only if every citizen has a right to vote, which is guaranteed by universal adult franchise.


"Formation of Indian Constitution was no less struggle than that of Africa". Do you agree? Explain with five arguments.

Like South Africa, India's Constitution was written under very difficult situation. The making of a Constitution for such a huge and diverse country like India is not an easy task. 
(i) After partition, the people of India were emerging from the status of subjects to that of citizens.
(ii) India was born through a partition of undivided India on the basis of religious differences. It was a traumatic experience for both the people of India and Pakistan. 
(iii) The British had left it to the rulers of the princely states to decide whether they wanted to merge with India or with Pakistan or remain independent. The merger of these princely states was a difficult and uncertain task. 
(iv) When the constitution was being written, the future of the country did not look as secure as it does today. 
(v) The makers of the Constitution had anxieties about the present and future of the country. 


Describe the composition of the Constituent Assembly of India.

Constituent Assembly of India was set up under Cabinet Mission Plan of 1946. It consisted of 385 members, of which 292 were elected by the elected members of the provincial Legislative Assemblies while 93 members were nominated by the Princely States.It also had one representative each from the four chief Commissioners provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan. 
B N Rao was the Constitutional Advisor of the Assembly. Dr. Rajendra prasad was elected as its president.


The Constitution of India came into existence on _____________.
Fill in the blanks

The Constitution of India came into existence on 26th January 1950


In which year was the Constituent Assembly formed?

The Constituent assembly of India was formed in the year 1946


What are the fundamental rights?

Fundamental rights are the basic human rights of all citizens. They are Right to Equality. Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to Constitutional Remedies.


Class 11 Commerce Legal Studies Extra Questions