Democratic Rights CLASS 9 CIVICS

Democratic Rights

Q.1. Is Saudi Arabia a democratic country?

Ans:

No, Saudi Arabia is not a democratic country. The country is ruled by a hereditary king and the people have no role in electing or changing their rulers.

Q.2. What are restrictions imposed on people in Saudi Arabia?

Ans:

·         Citizens cannot form political parties or any political organisations. Media cannot report anything that the monarch does not like.

·         There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.

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

Q.3. What led to massacre in Kosovo?

Ans:

A narrow minded Serb nationalist Milosevic (pronounced Miloshevich) had won the election. His government was very hostile to the Kosovo Albanians. He wanted the Serbs to dominate the country. Many Serb leaders thought that Ethnic minorities like Albanians should either leave the country or accept the dominance of the Serbs. This mindset led to massacre in Kosovo.

Q.4. What are rights?

Ans:

Rights are claims of a person over other fellow beings, over the society and over the government. Rights are reasonable claims of persons recognised by society and sanctioned by law.

Q.5. Why are rights necessary in a democracy?

Ans:

Rights are necessary for the very sustenance of a democracy. In a democracy every citizen has to have the right to vote and the right to be elected to government.

Q.6. Rights also perform a very special role in a democracy. Explain.

Ans:

Rights also perform a very special role in a democracy. Rights protect minorities from the oppression of majority. They ensure that the majority cannot do whatever it likes. Rights are guarantees which can be used when things go wrong.

Q.7. In most democracies, why are the basic rights of the citizen are written down in the constitution?

Ans:

The government should protect the citizens’ rights in such a situation. 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 these. In most democracies the basic rights of the citizen are written down in the constitution.

Q.8. What are fundamental rights?

Ans:

Some rights which are fundamental to our life are given a special status. They are called Fundamental Rights. Fundamental rights are an important basic feature of India’s Constitution.

Q.9. Name the six fundamental rights mentioned in Indian Constitution.

Ans:

The six fundamental rights mentioned in Indian Constitution are:

1] Right against exploitation

2] Cultural and Educational rights

3] Right to freedom of religion

4] Right to equality

5] Right to constitutional remedies

6] Right to freedom

Q.10. What is meant by the rule of law?

Ans:

The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.

Q.11. Rule of law is the foundation of any democracy. Explain the statement.

Ans:

Rule of law is the foundation of any democracy. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen. Every citizen, from the Prime Minister to a small farmer in a remote village, is subjected to the same laws. No person can legally claim any special treatment or privilege just because he or she happens to be an important person.

Q.12. Discuss in detail the right to equality.

Ans:

The government shall not discriminate against any citizen on grounds of religion, caste, ethnicity, sex or place of birth. Every citizen shall have access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds and places of public resorts maintained by government or dedicated to the use of general public.

Q.13. Why was it necessary to incorporate right to equality in the Constitution of our country?

Ans:

It was necessary to incorporate right to equality in the Constitution of our country where the traditional caste system did not allow people from some communities to access all public places.

Q.14. Why reservations are not considered as a violation of the Right to Equality?

Ans:

Equality does not mean giving everyone the same treatment, no matter what they need. Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do. Just to clarify this, the Constitution says that reservations of this kind are not a violation of the Right to Equality.

Q.15. Discuss the extreme form of social discrimination that is forbidden by the constitution.

Ans:

The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and clearly directs the government to put an end to it. The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people belonging to certain castes.

It refers to any belief or social practice which looks down upon people on account of their birth with certain caste labels. Such practice denies them interaction with others or access to public places as equal citizens. So the Constitution made untouchability a punishable offence.

Q.16. What does right to freedom mean?

Ans:

Freedom means absence of constraints. In practical life it means absence of interference in our affairs by others – be it other individuals or the government.

Q.17. Which freedom has been by the Indian Constitution to its citizens?

Ans:

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

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

Q.18. Freedom is not unlimited license to do what one wants. Explain.

Ans:

Every citizen has the right to freedom. That means a person cannot exercise his freedom in such a manner that violates others’ right to freedom. His freedoms should not cause public nuisance or disorder. A person is free to do everything which injures no one else. Freedom is not unlimited license to do what one wants. Accordingly, the government can impose certain reasonable restrictions on our freedoms in the larger interests of the society.

Q.19. Why is Freedom of speech and expression one of the essential features of any democracy?

Ans:

A person’s ideas and personality develop only when he is able to freely communicate with others. Even if a hundred people think in one way, one should have the freedom to think differently and express their views accordingly. A person may disagree with a policy of government or activities of an association. A person is free to criticize the government or the activities of the association. A person may publicise his views through a pamphlet, magazine or newspaper. A person can do it through paintings, poetry or songs. However, he cannot use this freedom to instigate violence against others. You cannot use it to incite people to rebel against government.

Q.20. Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue. Explain.

Ans:

Citizens may want to discuss a problem, exchange ideas, mobilize public support to a cause, or seek votes for a candidate or party in an election, but such meetings have to be peaceful. They should not lead to public disorder or breach of peace in society. Those who participate in these activities and meetings should not carry weapons with them. Citizens also can form associations.

Q.21. Explain citizen’s right to travel.

Ans:

Right to travel allows lakhs of people to migrate from villages to towns and from poorer regions of the countries to prosperous regions and big cities. The same freedom extends to choice of occupations. Women cannot be told that some kinds of occupations are not for them. People from deprived castes cannot be kept to their traditional occupations.

Q.22. What is meant by right of life or personal liberty?

Ans:

The Constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law. It means that no person can be killed unless the court has ordered a death sentence. It also means that a government or police officer can arrest or detain any citizen unless he has proper legal justification.

Q.23. What are the procedures to be followed while arresting a person?

Ans:

·         A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.

·         A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.

·         Such a person has the right to consult a lawyer or engage a lawyer for his defence.

Q.24. What is meant by begar?

Ans:

‘Begar’ is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration. When this practice takes place on a life-long basis, it is called the practice of bonded labour.

Q.25. What are the provisions relating to child labour?

Ans:

No one can employ a child below the age of fourteen to work in any factory or mine or in any other hazardous work, such as railways and ports. Using this as a basis many laws have been made to prohibit children from working in industries such as beedi making, firecrackers and matches, printing and dyeing.

Q.26. What is a secular state?

Ans:

A secular state is one that does not establish any one religion as official religion. The state has to be neutral and impartial in dealing with all religions.

Q.27. What is secularism based on?

Ans:

Secularism is based on the idea that the state is concerned only with relations among human beings, and not with the relation between human beings and God.

Q.28. What is right to freedom of religion?

Ans:

Every person has a right to profess, practice and propagate the religion he or she believes in.

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.

Q.29. How does the government maintain its secular character?

Ans:

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. 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.

Q.30. What are the cultural and educational rights of the minorities?

Ans:

·         Any section of citizens with a distinct language or culture has a right to conserve it.

·         Admission to any educational institution maintained by government or receiving government aid cannot be denied to any citizen on the ground of religion or language.

·         All minorities have the right to establish and administer educational institutions of their choice.

Q.31. What is meant by Right to Constitutional Remedies?

Ans:

If rights are like guarantees, they are of no use if there is no one to honour them. The fundamental rights in the Constitution are important because they are enforceable. We have a right to seek the enforcement of the above mentioned rights. This is called the Right to Constitutional Remedies.

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

Q.32. How are the fundamental rights guaranteed?

Ans:

Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government. There can be no law or action that violates the Fundamental Rights. If any act of the Legislature or the Executive takes away or limits any of the Fundamental Rights it will be invalid.

Q.33. Which rights are guaranteed by constitution of South Africa to its citizens?

Ans:

The Constitution of South Africa guarantees its citizens several kinds of new rights:

·         Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.

·         Right to an environment that is not harmful to their health or wellbeing

·         Right to have access to adequate housing.

·         Right to have access to health care services, sufficient food and water; no one may be refused emergency medical treatment.

Q.34. What is Amnesty International?

Ans:

Amnesty International is an international organisation of volunteers who campaign for human rights. This organisation brings out independent reports on the violation of human rights all over the world.

Q.35. What is a covenant?

Ans:

It is a promise made by individuals, groups or countries to uphold a rule or principle. It is legally binding on the signatories to the agreement or statement.

Q.36. what is meant by ethnic group?

Ans:

An ethnic group is a human population whose members usually identify with each other on the basis of a common ancestry. People of an ethnic group are united by cultural practices, religious beliefs and historical memories.

Q.37. What is writ?

Ans:

A formal document containing an order of the court to the government issued only by High Court or the Supreme Court.

BY SUMIT BHADRA

Constitutional Design CLASS 9 CIVICS

Constitutional Design

Q.1. What is constitution?

Ans:

In a democracy the rulers are not free to do what they like. There are certain basic rules that the citizens and the government have to follow. All such rules together are called constitution.

Q.2. What determines the rights of citizens and the powers of the government?

Ans:

As the supreme law of the country, the constitution determines the rights of citizens, the powers of the government and how the government should function.

Q.3. Why was Nelson Mandela sentenced to life imprisonment?

Ans:

Nelson Mandela was tried for treason by the white South African government. He and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country.

Q.4. Where did Nelson Mandela spend his prison term?

Ans:

Nelson Mandela spent 28 years in South Africa’s most dreaded prison, Robben Island.

Q.5. What is meant by apartheid?

Ans:

Apartheid was the name of a system of racial discrimination unique to South Africa. The white Europeans imposed this system on South Africa. The system of apartheid divided the people and labelled them on the basis of their skin colour. The native people of South Africa are black in colour. They made up about three-fourth of the population and were called ‘blacks’. Besides these two groups, there were people of mixed races who were called ‘coloured’ and people who migrated from India. The white rulers treated all nonwhites as inferiors. The non-whites did not have voting rights.

Q.6. Why was apartheid system particularly oppressive for the blacks?

Ans:

The apartheid system was particularly oppressive for the blacks. They were forbidden from living in white areas. They could work in white areas only if they had a permit. Trains, buses, taxis, hotels, hospitals, schools and colleges, libraries, cinema halls, theatres, beaches, swimming pools, public toilets, were all separate for the whites and blacks. This was called segregation. They could not even visit the churches where the whites worshipped. Blacks could not form associations or protest against the terrible treatment.

Q.7. Name the umbrella organisation that led the struggle against the policies of segregation in South Africa.

Ans:

The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation.

Q.8. How was apartheid opposed?

Ans:

The organizations that opposed apartheid included many workers’ unions and the Communist Party. Many sensitive whites also joined the ANC to oppose apartheid and played a leading role in this struggle. Several countries denounced apartheid as unjust and racist.

Q.9. What was the reaction of the government towards the protest movement?

Ans:

In South Africa the white racist government continued to rule by detaining, torturing and killing thousands of black and coloured people. As protests and struggles against apartheid had increased, the government realised that they could no longer keep the blacks under their rule through repression. The white regime changed its policies. Discriminatory laws were repealed. Ban on political parties and restrictions on the media were lifted. After 28 years of imprisonment, Nelson Mandela walked out of the jail as a free man.

Q.10. When did South Africa become a democratic country?

Ans:

At the midnight of 26 April 1994, the new national flag of the Republic of South Africa was unfurled marking the newly born democracy in the world. The apartheid government came to an end, paving way for the formation of a multi-racial government.

Q.11. Who was the first president of the new South Africa?

Ans:

Nelson Mandela was the first president of the new South Africa.

Q.12. What appeal was made by black leaders after the emergence of the new democratic South Africa?

Ans:

After the emergence of the new democratic South Africa, black leaders appealed to fellow blacks to forgive the whites for the atrocities they had committed while in power. They said let us build a new South Africa based on equality of all races and men and women, on democratic values, social justice and human rights.

Q.13. Write a note on constitution of South Africa.

Ans:

After two years of discussion and debate one of the finest constitutions of the world was prepared in South Africa. This constitution gave to its citizens the most extensive rights available in any country. Together, they decided that in the search for a solution to the problems, nobody should be excluded; no one should be treated as a demon. They agreed that everybody should become part of the solution, whatever they might have done or represented in the past.

Q.14. What was the need for constitution in South Africa?

Ans:

The oppressor and the oppressed in South Africa were planning to live together as equals. It was not going to be easy for them to trust each other. They had their fears. They wanted to safeguard their interests. The black majority was keen to ensure that the democratic principle of majority rule was not compromised. They wanted substantial social and economic rights. The white minority was keen to protect its privileges and property.

Q.15. What did the whites in South Africa agree to?

Ans:

The whites agreed to the principle of majority rule and that of one person one vote. They also agreed to accept some basic rights for the poor and the workers.

Q.16. What is the blacks in South Africa agree to?

Ans:

The blacks agreed that majority rule would not be absolute. They agreed that the majority would not take away the property of the white minority.

Q.17. Why did people in South Africa felt the need to have written rules for government?

Ans:

The rules lay down how the rulers are to be chosen in future. These rules also determine what the elected governments are empowered to do and what they cannot do. Finally these rules decide the rights of the citizen. These rules will work only if the winner cannot change them very easily. This is what the South Africans did. They agreed on some basic rules. They also agreed that these rules will be supreme, that no government will be able to ignore these.

Q.18. Why do countries need constitution?

Ans:

The constitution of a country is a set of written rules that are accepted by all people living together in a country. Constitution is the supreme law that determines the relationship among people living in a territory (called citizens) and also the relationship between the people and government.

Q.19. What are main features of the constitution?

Ans:

The main features of constitutions are:

·         First, it generates a degree of trust and coordination that is necessary for different kind of people to live together

·         Second, it specifies how the government will be constituted, who will have power to take which decisions

·         Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are.

·         Fourth, it expresses the aspirations of the people about creating a good society.

Q.20. Does having a constitution mean that a country is democratic?

Ans:

All countries that have constitutions are not necessarily democratic, but all countries that are democratic will have constitutions.

Q.21. Why has it become practice for democracies to have written constitution?

Ans:

After the War of Independence against Great Britain, the Americans gave themselves a constitution. After the Revolution, the French people approved a democratic constitution.

Since then it has become a practice in all democracies to have a written constitution.

Q.22. Why was constitution making not an easy affair in India?

Ans:

Like South Africa, India’s Constitution was also drawn up under very difficult circumstances.

The making of the constitution for a huge and diverse country like India was not an easy affair. At that time the people of India were emerging from the status of subjects to that of citizens. The country was born through a partition on the basis of religious differences. 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. When the constitution was being written, the future of the country did not look as secure as it does today.

Q.23. What was the biggest advantage for the makers of Indian constitution?

Ans:

There was one big advantage for the makers of the Indian Constitution. Unlike South Africa, they did not have to create a consensus about what a democratic India should look like. Much of this consensus had evolved during the freedom struggle.

Q.24. When did the process of Indian constitution begin?

Ans:

As far back as in 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.

Q.25. some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.

Ans:

In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. Both these documents were committed to the inclusion of universal adult franchise, right to freedom and equality and to protecting the rights of minorities in the constitution of independent India. Thus some basic values were accepted by all leaders much before the Constituent Assembly met to deliberate on the Constitution.

Q.26. How did familiarity with political institutions of colonial rule help Indians develop an agreement over the institutional design?

Ans:

The familiarity with political institutions of colonial rule also helped develop an agreement over the institutional design. The British rule had given voting rights only to a few. On that basis the British had introduced very weak legislatures. Elections were held in 1937 for Provincial Legislatures and Ministries all over British India. These were not fully democratic governments. But the experience gained by Indians in the working of the legislative institutions proved to be very useful for the country in setting up its own institutions.

Q.27. How were Indian leaders inspired by other countries of world?

Ans:

Years of thinking and deliberation on the framework of the constitution had another benefit. Our leaders gained confidence to learn from other countries, but on our own terms. Many of our leaders were inspired by the ideals of French Revolution, the practice of parliamentary democracy in Britain and the Bill of Rights in the US. The socialist revolution in Russia had inspired many Indians to think of shaping a system based on social and economic equality.

Q.28. Write a note on Vallabhbhai Patel.

Ans:

Vallabhai Patel was born in Gujarat. He was Minister of Home, Information and Broadcasting in the Interim Government. He was a lawyer by profession and leader of Bardoli peasant satyagraha. He played a decisive role in the integration of the Indian princely states. Later he became Deputy Prime Minister of India.

Q.29. Who was Abdul kalam Azad?

Ans:

Abdul Kalam Azad was born in Uttar Pradesh. He was Educationist, author and theologian; He was scholar of Arabic. He was active in the national movement. He opposed Muslim separatist politics. He became Education Minister in the first union cabinet of India.

Q.30. Who was Rajendra Prasad?

Ans:

Rajendra Prasad was born in Bihar. He was the Chairman of the Constituent Assembly. Lawyer by profession, he was known for his role in the Champaran satyagraha. He was the president of Congress three times. He was also the first President of India.

Q.31. Who drafted the constitution?

Ans:

The drafting of the document called the constitution was done by an assembly of elected representatives called the Constituent Assembly.

Q.32. When were the elections for constituent assembly held?

Ans:

Elections to the Constituent Assembly were held in July 1946.

Q.33. When was first meeting of the constituent assembly held?

Ans:

The first meeting of the constituent assembly was held in December 1946.

Q.34. Why was the constituent assembly divided?

Ans:

Soon after the country was divided into India and Pakistan, the Constituent Assembly was also divided into the Constituent Assembly of India and Pakistan.

Q.35. What was the strength of the constituent assembly?

Ans:

The Constituent Assembly that wrote the Indian constitution had 299 members.

Q.36. When was the Indian constitution adopted?

Ans:

The Assembly adopted the Constitution on 26 November 1949 but it came into effect on

January 26, 1950. To mark this day January 26 is celebrated as Republic Day every year.

Q.37. Why should we accept the Constitution made by the Assembly more than fifty years ago?

Ans:

The Constitution does not reflect the views of its members alone. It expresses a broad consensus of its time. Many countries of the world have had to rewrite their Constitution afresh because the basic rules were not accepted to all major social groups or political parties. The experience of our Constitution is different. Over the last half a century, several groups have questioned some provisions of the Constitution, but no large social group or political party has ever questioned the legitimacy of the Constitution itself. This is an unusual achievement for any constitution. The second reason for accepting the Constitution is that the Constituent Assembly represented the people of India.

Q.38. How members of the constituent assembly were elected?

Ans:

The Constituent Assembly represented the people of India. There was no universal adult franchise at that time. So the Constituent Assembly could not have been chosen directly by all the people of India. It was elected mainly by the members of the existing Provincial Legislatures.

Q.39. Who was the chairman of the drafting committee?

Ans:

Dr.B.R. Ambedkar was the chairman of the drafting committee.

Q.40. How many amendments were considered while drafting the constitution?

Ans:

More than two thousand amendments were considered while drafting the constitution.

Q.41. What is meant by ‘Constituent Assembly Debates?’

Ans:

The members deliberated for 114 days spread over three years. Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved. These are called ‘Constituent Assembly Debates’. When printed, these debates are 12 bulky volumes! These debates provide the rationale behind every provision of the Constitution.

These are used to interpret the meaning of the Constitution.

Q.42. What formed the foundation for India’s democracy?

Ans:

Values that inspired and guided the freedom struggle and were in turn nurtured by it, formed the foundation for India’s democracy. These values are embedded in the Preamble of the Indian Constitution.

Q.43. What is the preamble to the constitution?

Ans:

The Constitution begins with a short statement of its basic values. This is called the Preamble to the constitution. Taking inspiration from American model, most countries in the contemporary world have chosen to begin their constitutions with a preamble.

Q.44. Why is the preamble regarded as the soul of Indian constitution?

Ans:

The Preamble of the Constitution reads like a poem on democracy. It contains the philosophy on which the entire Constitution has been built. It provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad. It is the soul of the Indian Constitution.

Q.45. What is meant by sovereign?

Ans:

It means people have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.

Q.46. What is meant by socialist?

Ans:

Wealth is generated socially and should be shared equally by society. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.

Q.47. What is meant by secular?

Ans:

It means citizens have complete freedom to follow any religion, but there is no official religion. Government treats all religious beliefs and practices with equal respect.

Q.48. What are constitutional amendments?

Ans:

A constitution is not merely a statement of values and philosophy. A constitution is mainly about embodying these values into institutional arrangements. Indian constitution is a very long and detailed document. Therefore it needs to be amended quite regularly to keep it updated. Those who crafted the Indian Constitution felt that it has to be in accordance with people’s aspirations and changes in society. They did not see it as a sacred, static and unalterable law. So, they made provisions to incorporate changes from time to time. These changes are called constitutional amendments.

Q.49. How does the Indian Constitution describes the institutional arrangements?

Ans:

The Constitution describes the institutional arrangements in a very legal language. Like any

Constitution, the Indian Constitution lays down a procedure for choosing persons to govern the country. It defines who will have how much power to take which decisions, and it puts limits to what the government can do by providing some rights to the citizen that cannot be violated.

Q.50. Define preamble.

Ans:

It is an introductory statement in a constitution which states the reasons and guiding values of the constitution.

Q.51. Define Apartheid.

Ans:

It means the official policy of racial separation and ill treatment of blacks followed by the government of South Africa between 1948 and 1989.

BY SUMIT BHADRA