Sol Du Constitutional Democracy in India Assignment Answer – Sol Du Assignment Answer

Sol Du ba hons Assignment Answer: आजके इस आर्टिकल में हम जानने वाले है Sol DU के (Constitutional Democracy in India) के पहले सवाल के जवाब के बारे में, काफी बच्चे अभी भी लगे हुए है Sol DU के असाइनमेंट डाउनलोड करने में, लेकिन सर्वर की दिक्कत की वजह से नहीं हो पा रहा है इस आर्टिकल में आपको मै आपको SOL DU के (Constitutional Democracy in India) के पहलेसवाल का जवाब बताने वाला हु,

Constitutional Democracy in India Sol Du Ba Hons Assignment Answer

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Question 1

Explain in brief the Fundamental Rights. What is the relationship between Fundamental Rights and Directive Principals of State Policy?

Answer 1

Sol Du Ba Hons Constitutional Democracy in India Assignment Answer

The development of constitutional rights in India was inspired by historical documents such as England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man.The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the Indian National Congress (INC) being to end discrimination between the British rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919.The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens.

All people, irrespective of race, religion, caste or sex, have been given the right to petition directly the Supreme Court or the High Courts for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty-stricken people may not have the means to do so and therefore, in the public interest, anyone can commence litigation in the court on their behalf. This is known as

“public interest litigation”.[7] In some cases, High Court judges have acted suo moto on their own on the basis of newspaper reports.

Constitutional Democracy in India Assignment Answer

The Fundamental Rights and Directive Principles had their origins in the Indian i

The Rights and Fundamental Rights are sections of the Constitution of India that provides people with their rights. These Fundamental Rights are considered as basic human rights of all citizens, irrespective of their gender, caste, religion or creed. etc. These sections are the vital elements of the constitution, which was developed between 1947 and 1949 by the Constitution of India.

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behavior and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.

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The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing policies and passing laws.

आशा है कि आप सभी असाइनमेंट अच्छे तरीके से बना रहे है सोशल मीडिया पर थोड़ा प्यार देकर हमारी मदद करे

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The Fundamental Duties’ are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not enforceable by courts unless otherwise made enforceable by parliamentary law.

Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of citizens of India. As these rights are fundamental or essential for existence and all-round development of individuals, hence, they are called ‘Fundamental rights’. These are enshrined in Part III (Articles 12 to 35) of the Constitution of India.

Sol Du Assignment Answer

These include individual rights common to most, such as, equality before the law, freedom of speech and freedom of expression, religious and cultural freedom, Freedom of assembly (peaceful assembly), freedom of religion (freedom to practice religion), right to constitutional remedies for the protection of civil rights by means of writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste or gender. The Indian Penal Code and other laws prescribe punishments for the violation of these rights, subject to the discretion of the judiciary. Though the rights conferred by the constitution other than fundamental rights are also valid rights protected by the judiciary, in case of fundamental rights violations, the Supreme Court of India can be approached directly for ultimate justice as per Article 32. The Rights have their origins in many sources, including England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man. There are six fundamental rights recognized by the Indian constitution

  • 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 (Articles. 32-35)
1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees the freedom to citizens. The freedom right includes many rights such as:

  • Freedom of speech
  • Freedom of expression
  • Freedom of assembly without arms
  • Freedom of association
  • Freedom to practise any profession
  • Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, beggar, and other forms of forced labor. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts.

Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the life and liberty of the citizens.

The right to privacy is the newest right assured by the Supreme Court of India. It assures the people’s data and personal security.

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices.

Sol Du Constitutional Democracy in India Assignment Answer

Specifically, they have also been used to abolish untouchability and thus prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labor (a crime). They also protect cultural and educational rights of religious and linguistic minorities by allowing them to preserve their languages and also establish and administer their own education institutions. They are covered in Part III (Articles 12 to 35) of the Constitution of India.

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like freedom of speech and religion were not recognized and protected by the State. According to them, democracy is, in essence, a government by opinion and therefore, the means of formulating public opinion should be secured to the people of a democratic nation. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights.

The difference between Fundamental Rights and Directive Principal are:

Sol Du Ba Hons Constitutional Democracy in India Assignment Answer
S.N.Fundamental RightsDirective Principles
1.These are negative as they prohibit the state from doing certain things.These are positive as they requires the state to do certain things
2.These are justifiable, that is they are legally enforceable by the courts in the case of their violation.These are non justifiable i.e. they are not enforceable by the courts for their violation.
3.They aim at establishing political democracy in the country.They aim at establishing social and economic democracy in the country.
4.These have legal sanctionsThese have legal and political sanctions.
5.They promote the welfare of the individual. Hence they are personal and individualistic.They promote the welfare of the community. Hence they are societarian and socialistic.
6.They do not require any legislation for their implementation. They are automatically enforced.They require legislation for their implementation. They are not automatically enforced.
7.The courts are bound to declare a law violative of any of the fundamental rights as unconstitutional and invalid.The court can not declare a law violative of any of the directive principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to adirective.

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