"The Right to Constitutional Remedy is the 'heart and soul' of the Indian Constitution".

Justify the statement.

[LA-1 (Long answer type-1)]

Answer:

The Right to Constitutional Remedy is the 'heart and soul’ of the Indian Constitution was said by
Dr. BR Ambedkar because:

i. When any of our rights are violated, we can seek a remedy through courts. If it is
a Fundamental Right, we can directly approach the Supreme Court or the High Court of
the state.
ii. If any act of Legislature or Executive takes away or limits any of the Fundamental Rights, it
will be invalid. We can challenge such laws of the Central or the State Government in
the court of law.
iii. The Supreme Court and the High Courts have the power to issue directions, orders or writs
for the enforcement of the Fundamental Rights.
iv. Right to Constitutional Remedies makes other rights effective. This right is the guardian
of other rights.

Thus, it can be concluded that the Right to Constitutional Remedy is the ‘heart and soul’ of the
Indian Constitution.

Right to Constitutional Remedies is a very special right. What is so special about this right?

[LA-1 (Long answer type-1)]

Answer:

Right to Constitutional Remedies is very special right because it is through this Right that all
other Fundamental Rights are safeguarded and arbitrary action of the state is checked. This right
makes other rights effective. It is possible that sometimes our rights may be violated by fellow
citizens, private bodies or by the government. If it is a Fundamental Right, we can directly approach
the Supreme Court or the High Court of a State. The Supreme Court and High Courts have the
power to issue directions, orders or writs for the enforcement of the Fundamental Rights. Most
eminent of the writs are-Habeas corpus, Mandamus, Prohibition, Quo-warranto and Certiorari. They
award compensation tor the violation for Fundamental Rights. Thus, without the Right to
Constitutional Remedies, the other Fundamental Rights become meaningless.

Explain the Right to Freedom of Religion.

[LA-1 (Long answer type-1)]

Answer:
 a. Every person has a right to profess, practice and propagate the religion he or she believes
in.
b. Every religious group or sect is free to manage its religious affairs. A right to propagate one’s
religion, however, does not mean that a person has right to compel another person to
convert into his religion by means of force, fraud, inducement or allurement.
c. Freedom to practice religion does not mean that a person can do whatever he wants in the
name of religion.
d. A secular state is one that does not confer any privilege or favour on any particular religion.
Nor does it punish or discriminate against people on the basis of religion they follow. Thus
the government cannot compel any person to pay any taxes for the promotion or
maintenance of any particular religion or religious institution.
e. There shall be no religious instruction in the government educational institutions. In
educational institutions managed by private bodies, no person shall be compelled to take
part in any religious instruction or to attend any religious worship.

Why do we need Rights in a democracy?

[LA-1 (Long answer type-1)]

Answer:

A. Rights in themselves are very necessary for the very sustenance of a democracy. Without rights,
democracy will become meaningless and ineffective.
B. For democratic elections to take place, it is necessary that citizens should have the right to
express their opinions, form political parties and take part in political activities.
C. Rights protect minorities from the oppression of majority. They ensure that the majority cannot do
whatever it wishes. Rights are guarantees which can be used when things go wrong. Things may go
wrong when some citizens may wish to take away the rights of others. This usually happens when
those in majority want to dominate those in minority.
D. The government is expected to protect citizen’s rights. But sometimes elected government may
not protect or may even attack its own citizens. So, some rights need to be placed higher than the
government so that it cannot violate them.
E. In most democracies, the basic rights of the citizens are written down in the Constitution.

Write a short note on the following Fundamental Rights.

i. Right to Freedom of Religion.

[LA-1 (Long answer type-1)]

Answer:

i. Right to Freedom of Religion: Articles 25, 26, 27 and 28 of our Constitution provides the
right to sustain the principle of secularism in India. India is a secular state with no official
religion of its own. According to the Constitution, all the religions are equal before the state.
Every person has a right to profess, practice and propagate the religion of his choice.
 ii. Cultural and Educational Rights: India is a country of many languages, religions and
cultures. Article 29 and 30 protects the rights of minorities from being exploited and specifies
their Cultural and Educational Rights. All the citizens with a distinct language or culture have
a right to conserve it. No citizen can be discriminated against to take admission in a state or
state-aided institutions on any grounds. All minorities, religious or linguistic, can set-up
their educational institutions to preserve and develop their own culture.

What is the significance of Fundamental Rights?

[LA-1 (Long answer type-1)]

Answer:

A. The Fundamental rights are the foundation of democracy.

D. The Preamble to our Constitution talks about securing for all its citizens equality, liberty and
justice. Fundamental Rights put this promise into effect. They are an important basic feature of
India’s Constitution.
E. The Fundamental rights give protection to minorities and protect their interests.
F. Fundamental rights provide equality to all the citizens. All the citizens are given equal status
irrespective of their status, caste, religion or creed.

List out any four characteristics of Fundamental Rights.

[LA-1 (Long answer type-1)]

Answer:

Some rights which are fundamental to our lives and are given a special status in our Constitution are
called Fundamental Rights. The Constitution of India guarantees six such Fundamental Rights to it
citizens.
Some features of Fundamental Rights are as follows:

i. Fundamental Rights are meant for the promotion and enhancement of Human Rights.
ii. They primarily protect individuals from any kind of arbitrary actions of the government and its
machinary. But some rights are enforceable against those individuals who violate the laws.
For instance, the Constitution abolishes untouchability and also prohibits 'begar'.
iii. These rights are not absolute or uncontrolled as they are subject to reasonable restrictions.
iv. These rights are universal, as they are applicable to all the citizens of India, Justiciable
because an individual can move to the court if his or her rights are violated and
comprehensive because these rights safeguard our social, economic, cultural and religious
interests.

Write the main features of Right to Freedom.

Answer:

A. Articles 19 to 22 of Indian Constitution deal with the Right to Freedom. So, under the Indian
Constitution all citizens have the right to

Freedom of speech and expression

Assembly in a peaceful manner

Form associations and unions

Move freely throughout the country

Reside in any part of the country, and

Practice any profession, or to carry on any occupation, trade or business.

"It is not wrong to say that Democratic Government is not there in Saudi Arabia". Are you
agreeing with this statement? Give some suitable reasons.

[LA-1 (Long answer type-1)]

Answer:

Yes, we are agreeing with this statement. On the behalf of following facts we can say that
democracy is not there in Saudi Arabia.
A. The country is ruled by a hereditary king and the people have no role in electing or changing their
rulers.
B. The King selects the legislature as well as the executive. He appoints the Judges and can change
any of their decisions.
C. Citizens cannot form Political Parties or Political Organizations. Media cannot report anything that
the Monarch does not like.
D. There is no freedom of religion. Every citizen is required to be Muslim. Non Muslim residents can
not follow their religion in private, but not in public.

E. Women are subjected to many public restrictions. The testimony of one man is considered equal
to that of two women.

All these factors highlight that democracy is not present in Saudi Arabia.

How does the Right to Constitutional Remedies ensures and guarantees the enforcement of
our Fundamental Rights?

[LA-1 (Long answer type-1)]

The Fundamental Rights are enforceable. If they are affected, then the Right to Constitutional
remedies can save it. Fundamental Rights are guaranteed against the actions the Legislature or the
Executive or any other authorities instituted by the government. There can be no law action that
violates the Fundamental Rights. If any act of the government takes away or limits any of
the Fundamental Rights, it will be null and void. Under the Right to Constitutional Remedies, the
courts have the power to enforce the Fundamental Rights against any private individuals or bodies.
They have the power to issue direction, orders or write for the enforcement of Fundamental Rights.
The courts also award compensation to the victims and punishment to the violators.

"Rights are not limited only to Fundamental Rights as enumerated in the Constitution."
Justify the statement.

[LA-1 (Long answer type-1)]

Answer:

Our Constitution and law offer a wide range of rights, Over the years, the scope of rights has
expanded, Sometimes, it leads to an expansion in the legal rights that the citizen can enjoy. From
time to time, the courts have given judgments to expand the scope of rights. Certain rights like Right
to Freedom of Press, Right to Information and Right to Education are derived from the Fundamental
Rights. So, we can say that rights are not limited only to Fundamental Rights as enumerated in the
Constitution. In fact, the Constitution provides many more rights which may not be Fundamental
Rights.

Do you believe that the ethnic differences were the main reasons for the massacre in
Kosovo? Explain.

[LA-1 (Long answer type-1)]

Answer:

Yes, the ethnic differences were the main reasons for the massacre in Kosovo:
A. Kosovo was a province of Yugoslavia before its split. In this province the population was
overwhelmingly ethnic Albanian.
B. But in the entire country, Serbs were in majority. A narrow minded Serb nationalist Milosevic had
won the elections.
C. His Government was very hostile to the Kosovo Albanians. He wanted the Serbs to dominant the
country.
D. Many Serb leaders thought that Ethnic minorities like Albanians should leave the country or
accept the dominance of the Serbs.
E. In this way the prejudice between Majority group Serbs and minority group Albanians was a major
cause of massacres and disintegration of the country.
F. These massacres were being carried out by the army of their own country, working under the
directions of their leader who came to power through democratic elections. This was one of the
worst instances of killings based on ethnic prejudices in recent times.

G. Finally several other countries intervened to stop this massacre. Milosevic lost power and was
tried by an International Court of Justice for crimes against humanity.

What are the features of Right to Constitutional Remedies?

Answer:

A. The Fundamental rights in the Constitution are important because they are enforceable. We have
a right to seek the enforcement of the Fundamental rights. This is called the Right to Constitutional
Remedies.

B. This itself is a Fundamental Right. This right makes other rights effective.

C. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the
government. When any of our rights are violated we can seek remedy through courts.

D. If it is a Fundamental Right that has been violated, we can directly approach the Supreme Court
or the High Court of a state.

E. That is why Dr. Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our
Constitution.

How did the US Government violate the rights of prisoners at Guantanamo Bay?

[LA-1 (Long answer type-1)]

Answer:

i. About 600 people were secretly picked up by US forces from all over the world and put in a
prison in Guantanamo Bay.
ii. The American government said that they were enemies of the US and linked to the attack on
New York on 11 September 2001. In most cases the governments of their countries were not
asked or even informed about their imprisonment.
iii. The prisoners' families got to know that their family members were in that prison only through
the media. Families of prisoners, media or even UN representatives were not allowed to
meet them.
iv. The US army arrested them, interrogated them and decided whether to keep them there or
not.
v. There was no trial before any magistrate in the US.
vi. Nor could these prisoners approach courts in their own countries.
vii. The prisoners were being denied the treatment that even prisoners of war must get as per
international treaties.
viii. Many prisoners had tried protesting against these conditions by going on a hunger fast.
Prisoners were not released even after they were officially declared not guilty.

Can the President of India stop you from approaching the Supreme Court to secure your
Fundamental Rights?

[LA-1 (Long answer type-1)]

Answer:

No, the President of India even cannot stop me from approaching the Supreme Court to secure my
Fundamental Rights because the Fundamental Rights have been enshrined in our Constitution. This
means that our Constitution provides and protects these rights and they can not be taken away or
violated by any person or government action or law, which also includes the President of India. The
Right to Constitutional Remedies is a Fundamental Right, according to which we have the right to
approach the Supreme Court in case of violation of rights by any person or government or law. So,
nobody can stop us from going to court to secure our Fundamental Rights.