Chapter 2: Salient Features: 1

Question 1

What is the meaning of Single Citizenship?

Answer 1

This means that all Indians, regardless of their state of domicile, are citizens of India.

Question 2

Why does India only provide single citizenship?

Answer 2

This has been done to ward off separatist tendencies and promote fraternity and unity among the people.

Question 3

What does the Citizenship (Amendment) Act, 2003 grant?

Answer 3

By the Citizenship (Amendment) Act 2003, the Government of India has granted dual citizenship to all the Persons of Indian Origin, who migrated to other countries after January 26th, 1950.

Question 4

What is the Universal Adult Franchise?

Answer 4

This means that all persons of 18 years of age and above have the right to vote, irrespective of their background.

Question 5

What does joint electorate mean?

Answer 5

According to this system, resident voters of a constituency have to vote for the same candidate irrespective of their caste or creed. This system is aimed at curbing communal politics and fostering communal harmony.

Question 6

What are Fundamental Rights?

Answer 6

The fundamental rights are basic human rights, which provide the conditions essential for the all-round development of a human being. The Fundamental rights are in part 3 of the Constitution of India.

Question 7

Which articles cover the right to equality?

Answer 7

Articles 14 to 18 cover the right to equality.

Question 8

What does article 14 and 15 cover?

Answer 8

Equality before Law:
Article 14 guarantees both equality before the law as well as equality in protection by law irrespective of background.
Article 15 prohibits discrimination on the grounds mentioned in article 14.

Question 9

What does article 16 cover?

Answer 9

Equality of opportunity:
Article 16 provides for equality of opportunity for all citizens in matters relating to employment in an office under the central or state government. At present, 27% posts in government service are reserved for Other Backward Classes, 15% for Scheduled Castes and 7.5% for Scheduled Tribes.

Question 10

What does article 17 cover?

Answer 10

Abolition of Untouchability:

Article 17 abolishes untouchability and its practice in any form.

Question 11

What does article 18 cover?

Answer 11

Abolition of Titles:
Article 18 abolishes all titles. These titles are considered a negation of equal status for all. However, titles such as Bharat Ratna, are given for meritorious public service, etc.

Question 12

Which articles cover the right to freedom?

Answer 12

Articles 19 to 22 cover the right to freedom

Question 13

What does article 19 cover?

Answer 13

Article 19 guarantees 6 basic freedoms to the citizens of India. They are:
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,
Freedom to practise any profession, trade or business.

Question 14

What does article 20 cover?

Answer 14

Protection in respect of conviction of offences:

Greater penalty than what is prescribed under the law is prohibited.

No one can be punished or prosecuted for the same offence twice.

A person cannot be compelled to be a witness in the case where he, himself is accused of the offence.

Question 15

What does article 21 cover?

Answer 15

Protection of Life and Personal Liberty

Question 16

What does article 22 cover?

Answer 16

Protection against Arrest and Detention

Question 17

Which articles cover the right against exploitation?

Answer 17

Articles 23 and 24

Question 18

What does article 23 cover?

Answer 18

Freedom from slavery, beggary or other forms of forced labour.

Trafficking in human beings means buying and selling of human beings which is prohibited.

Question 19

What does article 24 cover?

Answer 19

This article prohibits the employment of children below the age of 14 years.

Question 20

Which articles cover the right to religious freedom?

Answer 20

Article 25 to 28

Question 21

What do the articles 25 to 28 indicate?

Answer 21

All persons are entitled to freedom of conscience and the right to freely profess, practise and propagate their religion.

Subject to public order morality and health, every religious denomination or any section thereof shall have the right: To establish and maintain institutions for religious purposes, To manage its own affairs in matters of religion, To own and acquire movable and immovable property, To administer this property in accordance with law.

No person shall be compelled to pay taxes for the promotion of a particular religion.

No religious instruction shall be provided in any institution wholly maintained out of the state funds

Even though religious instructions may be imparted in educational institutions recognised by or receiving funds by the state, no person attending such an institution shall be compelled to receive that religious instruction without the consent of himself or of his guardian.

Question 22

Which Articles cover the cultural and educational rights?

Answer 22

Article 29 and 30.

Question 23

What does article 29 cover?

Answer 23

Article 29 gives a section of the people or whole of them the right to preserve their distinct language, script and culture. In the matter of admission to any educational institution maintained by the state, admission cannot be denied on the background.

Question 24

What does article 30 cover?

Answer 24

Article 30 gives all minorities the right to establish and administer the educational institutions of their choice.

Question 25

Which article covers the right to constitutional remedies?

Answer 25

Article 32

Question 26

What is a writ?

Answer 26

A writ is a formal, written order issued by the Supreme Court and High Courts to provide legal remedies to individuals who do not obtain adequate protection under ordinary laws.

Question 27

What is the writ of Habeas Corpus?

Answer 27

It means ‘to have the body’. By issuing such a writ, the High Court or Supreme Court can get the body of any person released if it has been unlawfully detained or imprisoned by any person, group of people or the state. This writ is a safeguard for the personal freedom of a citizen.

Question 28

What is the writ of Mandamus?

Answer 28

In Latin, it means ‘we order’. It is a command or an order from a Superior Court to a lower or an administrative authority to perform a certain duty.

Question 29

What is the writ of Prohibition?

Answer 29

It is an order issued by a superior court to a lower court to stop proceedings in a case which might be in excess of the jurisdiction of the lower court

Question 30

What is the writ of Certiorari?

Answer 30

It is issued by a superior court to a judicial authority desiring ‘to be informed of what’s going on’. Difference between writ of Prohibition and writ of Certiorari: The former is issued when certain proceedings are going on, whereas, the latter is issued after the order has already been passed by the lower court.

Question 31

What is quo-warranto?

Answer 31

It means ‘by what order’. It is issued when a person has usurped an office. This writ prevents pubic officers from forcibly or wrongly holding a high public office.

Question 32

Which article covers the right to eduction?

Answer 32

Article 21(A)

Question 33

Which amendment granted this right?

Answer 33

Constitution (Eighty-six Amendment) Act, 2002

Question 34

What does article 21(A) cover?

Answer 34

“The state shall provide free and compulsory education to all children of the age 6 to 14 years in such manner, as the state may, by law, determine.”

Question 35

What is an Implied Fundamental Right?

Answer 35

An implied fundamental right is one which partakes of the same nature and character as that Fundamental right. Right to Information is an implied fundamental right.

Question 36

When can Fundamental Rights be suspended?

Answer 36

The Fundamental Rights guaranteed by the constitution remain suspended, while the proclamation of Emergency is made by the President under Article 352.

Question 37

By which amendment were fundamental duties added to the constitution?

Answer 37

42nd Amendment Act, 1976

Question 38

Which part and article of the constitution states the fundamental duties of citizens?

Answer 38

Part 4 of the constitution, under article 51(A).

Question 39

What are the 10 Fundamental Duties of a citizen?

Answer 39

1. To abide by the constitution and respect the national flag and anthem.
2. To cherish and follow the noble ideas which inspired the national struggle for freedom
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and to render national service when called upon to do so.
5. To promote harmony and brotherhood and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage and culture.
7. To protect and improve the natural environment.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard public property and to abjure violence.
10. To strive for excellence in all spheres of individual and collective activity.
11. It is the duty of a parent or guardian to provide opportunities for education to his ward between the age of 6 and 14 years.

Question 40

What are the importance of fundamental duties?

Answer 40

To make the citizens aware of their social and economic obligations

To warn them to do and not do certain things in the interest of their country, fellow citizens and themselves.

To protect and awaken the people to their cultural heritage.

To tame the unruly elements in the society.

To strengthen national harmony as they stir up patriotism.