Students must start practicing the questions from CBSE Sample Papers for Class 11 Political Science with Solutions Set 1 are designed as per the revised syllabus.
CBSE Sample Papers for Class 11 Political Science Set 1 with Solutions
Time : 3 Hours
Maximum Marks: 80
- The question paper consists of five sections (A, B, C, D and E) with 30 questions in total.
- All questions are compulsory.
- Question numbers 1-12 are multiple choice questions of one mark each.
- Question numbers 13-18 art’ of 2 marks each. Answers to these questions should not exceed 50-60 words each.
- Question numbers 19-23 are of 4 marks each. Answers to these questions should not exceed 100-120 words each. There is an internal choice in two of the 4 marks questions.
- Question numbers 24-26 are passage, cartoon, and mapbased questions. Answer accordingly.
- Question numbers 27-30 are of 6 marks each. Answers to these questions is should not exceed 170-180 words. There is an internal choice in 6 marks questions.
Mitch the following: 
|A. Union List
|(i) Education, Forests, Trade Unions
|B. State List
|(ii) Defence, Atomic Energy, Foreign Affairs
|C. Concurrent List
|(iii) Agriculture, Police, Local Govt.
(a) A-iii, B-ii, C-i
(b) A-iii, B-i, C-ii
(c) A-i, B-ii, C-iii
(d) A-ii, B-iii, C-i
Option (d) is correct.
Explanation: In the Indian Constitution, there are three lists that distribute legislative powers between the Central Government and the State Governments:
the Union List, the State List, and the Concurrent List.
In the following question. a statement of Assertion (A) is followed by a statement of Reason (R). Choose the appropriate option as answer:
Assertion (A): The Indian Constitution attempted to accommodate a very diverse society.
Reason (R): It attempted to provide full and equal citizenship to groups as different as the Scheduled Castes and Scheduled Tribes, many women who had not previously enjoyed equal rights, some remote communities in the Andaman and Nicohar Islands who had little contact with modern civilization, and many others. (a) Both (A) and (R) are correct, and (R) is the correct explanation of (A).
(b) Both (A) and (R) are correct, but (R) is not the correct explanation of (A).
(c) (A) is incorrect, hut (R) is correct.
(d) (A) is correct, but (R) is incorrect.
Option (a) is correct.
The assertion states that the Indian Constitution attempted to accommodate a very diverse society. This is correct because India is a country with tremendous cultural, linguistic, religious, and social diversity. The framers of the Indian Constitution recognized this diversity and aimed to create a system that would cater to the needs and aspirations of all sections of society.
The reason given for the assertion is also correct. It states that the Indian Constitution attempted to provide full and equal citizenship to various groups, such as the Scheduled Castes and Scheduled Tribes, women who had not previously enjoyed equal rights, remote communities in the Andaman and Nicobar islands, and many others. This exemplifies the inclusiveness and sensitivity towards diverse communities that the Constitution sought to achieve.
The solution to dealing with movements for self-determination is: (a) Creating new states for each cultural group
(b) Ignoring the demands of cultural minorities
(c) Making existing states more democratic and equal
(d) Promoting global integration.
Option (c) is correct.
Explanation: Instead of creating new states for each cultural group, the solution lies in making existing states more democratic and equal, ensuring that all citizens, including minorities, have their rights protected and respected.
What did Tagore fear about the rejection of the West in favour of Indian traditions? (a) It could lead to hostility toward Christianity and judaism.
(b) It could limit India’s progress and development.
(c) It could encourage foreign influences in India.
(d) It could promote narrow nationalism and hostility to other foreign influences.
Option (d) is correct.
Explanation: Tagore was afraid that the rejection of the West in favour of Indian traditions could lead to narrow nationalism and hostility to other foreign influences, including Christianity, Judaism, Zoroastrianism, and Islam which have been present in our country
According to T.H. Marshall, what are the three kinds of rights involved in citizenship? (a) Civil, economic, and cultural rights
(b) Civil, political, and social rights
(c) Economic, social, and cultural rights
(d) Political, economic, and cultural rights.
Option (b) is correct.
Explanation: Marshalf’s idea of citizenship involves the recognition and protection of these three types of rights, which collectively contribute to the full membership of individuals in the community and their ability to participate actively in society.
How did the Indian Constitution attempt to accommodate the diverse society of India? (a) By promoting a single dominant culture.
(b) By providing equal rights to all citizens without forcing them to give up personal beliefs.
(c) By excluding certain communities from citizenship.
(d) By favoring specific religious or linguistic groups.
Option (b) is correct.
Explanation: The passage mentions that the Indian Constitution attempted to accommodate the diverse sodety by providing equal rights to all citizens without forcing them to give up personal beliefs, languages, or cultural practices.
Which country provided refuge to persecuted people, including the Dalai Lama and his followers in 1959? (a) France
(c) United States
Option (b) is correct.
Explanation India prides itself on providing refuge to persecuted peoples, including the Dalai Lama and his followers in 1959. In 1959, the Dalai Lama, the spiritual leader of Tibet, and a large number of his followers fled Tibet alter an unsuccessful uprising against Chinese rule. They sought refuge in India, and the Indian government, led by Prime Minister Jawaharlal Nehru, granted them asylum and provided a safe haven.
What is one of the potential benefits of the concept of global citizenship? (a) It helps to strengthen national citizenship.
(b) It emphasises isolation from global problems.
(c) It makes it easier to tackle problems extending across national boundaries through cooperative action.
(d) It discourages cooperation among people and governments of different states.
Option (c) is correct.
Explanation: Global citizenship emphasises the idea that people are interconnected across nations and should work together to address global challenges and issues that affect people beyond their national borders. This approach encourages individuals, governments, and organisations to collaborate, share resources, and collectively find solutions to global problems. such as climate change, humanitarian crises, and economic disparities.
In the example of playing loud music in an apartment building, what does Mill recommend as an appropriate response from other residents? (a) Involving the police and legal punishment
(b) Social disapproval and refusing to greet the person playing loud music
(c) Ignoring the inconvenience caused by loud music
(d) Requesting the government to enforce stricter noise regulations
Option (b) is correct.
Explanation: In the example of playing loud music in an apartment building, Mill recommends social disapproval from other residents, such as refusing to greet the person playing loud music, as a response to the inconvenience caused. Legal punishment is not appropriate for minor harm caused by self-regarding actions.
……………………….. can be understood to mean both the rule of the self and rule over self. (a) Swaraj
Option (a) is correct.
Explanation: Swaraj represents a holistic concept that combines self-governance at the societal level with self-discipline at the individual level. It underscores the importance of personal responsibility, moral values, and collective autonomy in building a just and harmonious society.
……………………. refers to a set of political ideas that emerged as a response to the inequalities present in, and reproduced by, the industrial capitalist economy. (a) Liberalism
Option (b) is correct.
Explanation: Socialism refers to a set of political and economic ideas that emerged as a response to the inequalities and exploitation prevalent in the industrial capitalist economy. It advocates for collective ownership and control of the means of production, distribution, and exchange. The central idea of socialism is to promote social and economic equality by reducing disparities in wealth and power.
In the following question, a statement of Assertion (A) is followed by a statement of Reason (R) Choose the appropriate option as answer: Assertion (A): A democratic government is considered to be an important means of protecting the freedom of people.
Reason (R): If the government is a democratic one, the members of a state could retain sorne control over their rulers.
(a) Both the Assertion and the Reason are correct, and the Reason is the correct explanation of the Assertion.
(b) Both the Assertion and the Reason are correct, but the Reason is not the correct explanation of the Assertion.
(c) The Assertion is incorrect, but the Reason is correct.
(d) The Assertion is correct, but the Reason is incorrect.
Option (b) is correct.
Explanation: The assertion is correct because in a democratic system, power rests with the people, and they elect their representatives to govern on their behalf. The reason given for the assertion is also correct. It states that in a democratic government, the members of a state could retain some control over their rulers. However, the reason is not a direct and complete explanation of the assertion.
While it highlights the mechanism through which people can retain some control over their rulers in a democratic system, it does not fully explain why democratic government is considered important for protecting people!s freedom. The assertion focuses on the overall concept that democracy protects freedom, while the reason delves into the specific aspect of how control over rulers is maintained in a democratic government.
Briefly mention the limitations of the Constitution. Answer:
First, the Indian Constitution has a centralised idea of national unity. Second, it appears to have glossed over some important issues of gender justice, particularly within the family. Third, it is not clear why in a poor developing country, certain basic socioeconomic rights were relegated to the section on Directive Principles rather than made an integral feature of our Fundamental Rights.
State the different types of legislatures. Answer:
The legislature can be of two types:
(i) Unicameral Legislature in which there is only one house. For example, China, Finland, etc., have unicameral legislature.
(ii) Bicameral Legislature in which there are two houses. For example, India, USA, etc., have bicameral legislature.
Write a note on natural liberty. Answer:
Natural Liberty states that every person is born free. The person becomes a part of the society and the country. This ends the personal freedom. As long as the person enjoys natural freedom, the life is happy and contended. Becoming a part of the society puts some restrictions on personal freedom and develops discontent.
Explain the distribution of federal powers by Indian Constitution. Answer:
The Indian Constitution has divided the powers to make laws under different Lists – the Union List, the State List, the Concurrent List, and the Residuary List. The Union List contains 97 matters, the State List contains 66 matters, the Concurrent List contains 47 matters and the Residuary List is an open List.
What are the main features of Indian Constitution? Answer:
The important features of the Constitution of India are as follows:
(iii) Supremacy of judiciary
(iv) Bicameral legislature
(v) Distribution of power and duties between the Centre and the States.
Which Article of the Indian Constitution authorises amendment of the Constitution? How can this amendment be done? Answer:
Article 368 of the Indian Constitution authorises Parliament of India to amend the Constitution.
The Constitution can be amended by:
- A simple majority in the Parliament.
- Special majority in both the houses of the Parliament separately.
- Special majority in at least half of the State Legislatures.
State any two important socio-economic rights. Answer:
Socio-economic rights are a category of human rights that focus on ensuring individuals’ access to essential goods, services, and opportunities
necessary for a dignified and decent standard of living. Unlike civil and political rights, which protect individual freedoms and liberties, socio-economic rights address the social and economic conditions required for people to lead fulfilling lives.
Some of the important socio-economic rights include:
Right to Education: Every individual has the right to free and compulsory primary education. The state is responsible for ensuring that education is accessible, available, and of good quality, enabling everyone to have equal opportunities for personal development and advancement.
Right to Work: Every person has the right to work and the opportunity to earn a living through freely chosen or accepted employment. The state should promote policies that create employment opportunities and protect workers’ rights, including fair wages and safe working conditions.
State the characteristics of class. Answer:
A class is a large group of people having some common characteristics different from the other groups. These characteristics can be:
- Role in social organisations: This refers to the position individuals hold within social groups or organisations.
- Role in production activities: This aspect focuses on individuals’ roles in the process of producing goods and services. Some may be owners or capitalists who own the means of production, while others may be workers or laborers who contribute their labour in the production process.
- Role in social structures: This pertains to the hierarchical positions individuals occupy in social structures.
- Role in economic structure: This refers to individuals’ roles in the economic system.
Some may be entrepreneurs who take risks to start and run businesses, while others may be employed or wage workers who work for entrepreneurs or companies.
These characteristics of class play a significant role in shaping individuals’ social and economic status, opportunities, and access to resources within society. The concept of class is often used to analyse social stratification and inequality in various societies.
How is a nation different from other forms of collective belonging? OR
What are the main elements of a state?
Nation is, to a great extent, an ‘imagined community’ held together by the collective beliefs, aspirations imaginations of its members. It is based on certain assumptions like shared beliefs, common history, common territory, shared political ideals, and common political identity that people construct about the collective whole with which they identify themselves. Unlike family, its members are not linked with face-to-face relation. It is different from clans and other kinship groups as it is not based on common descent. It is different from any lingual group as it is not based on a common language nor is it like a religious group as it does not share any common religion.
A state has four basic elements and absence of even one of these elements does not constitute a state.
These elements are:
- Population: It is the main element of state. No state can exist in absence of human beings.
- Territory: Existence of a state cannot be imagined in absence of a fixed defined territory.
- Government: The government formulates the will of the state, expresses and formulates it.
- Sovereignty: It refers to the supreme power of the state and is also an important element.
Prove that in reality, several forms of discrimination continue to persist even in a globally acknowledged secular state of India OR
Explain the concept of principled distance.
Some relevant examples can be:
- Several thousands of Kashmiri Hindu Pandits have been forced to leave their homes in Kashmir valley who have not been able to return to their homes for more than two decades.
- More than 1000 persons, mostly Muslims, were massacred during the post-Godhra riots in Gujarat in 2002.
- More than 2700 Sikhs were massacred in Delhi and other regions of India in 1984 and the families of the victims have still not got the satisfaction that the guilty have been punished.
- Some Muslims had to face atrocities due to a set of unnecessary rumours.
According to the concept of principled distance, a secular state may keep a principled distance from religion to promote peace between communities and it may also intervene to protect the rights of specific communities. The state gives equal preference to every religion and respects them all equally.
However, the state may interfere if religious groups try to exercise their power on the political and social life of the people. This balanced distance of state from religious groups is called principled distance.
What are the advantages of Unicameral Legislature? Answer:
- Power is concentrated in one house: In a unicameral legislature, all legislative powers are concentrated in a single chamber or house. This can lead to a more streamlined decision-making process as there is no need to reconcile conflicting views between two houses.
- Decision-making is flexible and efficient: With only one house, the legislative process becomes more efficient. Bills can be introduced, debated, and passed more quickly since there is no need for bicameral negotiations or compromises.
- It saves time, money, and effort: Compared to a bicameral system, having only one legislative chamber reduces the time and effort required for lawmaking. It also saves costs associated with maintaining and running an additional legislative house.
- More matters can be discussed during the session of the legislature: With a single legislative chamber, all matters and issues can be addressed in one place. This allows for a more comprehensive and focused discussion on various topics during the legislative session.
Read the following passage carefully and answer the questions that follow: (12 MARKS)
The State Government is required to ¿ppoiflt a State Election Commissioner who would be responsible for conducting elections to the Panchavati Raj institutions. Earlier, this task was performed by the State Administration which was under the control of the State Government. Now, the office of the State Election Commissioner is autonomous like the Election Commissioner of India. However, the State Election Commissioner is an independent officer and is not linked to any nor this officer is under the control of the Election Commission of India. The State Government is also required to appoint a State Finance Commission once in five years. This Commission would examine the financial position of the local governments in the State. It would also review the distribution of revenues between the state and local governments on one hand and between rural and urban local governments on the other. This innovation ensures that allocation of funds to the rural local governments will not be a political matter.
(i) Who conducts elections for local governments? (a) The State Government
(b) The State Election Commission
(c) The Election Commissioner of India
(d) The Panchayati Raj
(i) Option (b) is correct.
Explanation: The State Election Commission is responsible for conducting elections to the Panchayati Raj institutions, which include local governments such as Gram Panchayats, Panchayat Samitis, and Zilla Parishads. The State Election Commission is an autonomous body, independent of the State Government and similar to the Election Commission of India, which oversees elections at the national level.
(ii) Who was responsible for this task prior to the new system? (a) State Administration
(b) Central Administration
(C) Panchavati Raj
(d) None of these
Option (a) is correct.
Explanation: Before the new system, the task of conducting elections to the Panchayati Raj institutions was performed by the State administration, which was under the control of the State Government. In the previous system, elections to local governments were not conducted by an independent and autonomous body like the State Election Commission.
(iii) Who examines the financial position of the local governments? (a) Election Commission of India
(b) Panchayati Raj
(c) State Finance Commission
(d) State Election Commission
Option (c) is correct.
Explanation: The State Finance Commission is responsible for examining the financial position of the local governments in the State. It reviews the distribution of revenues between the State Government and local governments and between rural and urban local governments.
(iv) Which institution distributes and allocates funds to rural and urban local government? (a) Panchavati Ra
(b) State Government
(c) State Election Commission
(d) State Finance Commission
Option (d) is correct.
Explanation: The State Finance Commission is the institution responsible for distributing and allocating funds to rural and urban local governments. It assesses the financial resources available to the State Government and recommends a formula for the distribution of funds to local governments based on their needs and requirements.
Study the picture given below and answer the questions that follows: 
You must retire from politics at vice! Your activities are having a bad influence on him. He thinks lie can get away with lying and cheating.
(i) What is depicted in the cartoon? (ii) List down some negative opinions about politicians. Answer:
(i) The cartoon depicts that the politics is completely surrounded by lies and those living around politicians also develop some of such bad qualities in their daily life.
(ii) Some of the bad opinions about politicians are:
- Politicians tell lies frequently, which as a habit; they start telling to their family and loved ones also.
- Politicians generally want to gain power at each and every cost.
- Politics is a dirty career and suitable only for those who have money or muscle power.
Read the passage and answer the questions that follows: Federalism does not consist of a set of fixed principles, which are applied, to different historical situations. Rather, federalism as a principle of government has evolved differently in different situations. American federalism – one of the first major attempts to build a federal polity – is different from German or Indian federalism. But there are also a few key ideas and concepts associated with federalism.
(i) What has led to the evolution of federalism? (ii) What were the first major attempts to build a federal polity? (iii) Explain any three key ideas and concepts associated with federalism? Answer:
(i) The evolution of federalism has been led by the need to find suitable forms of government for different historical situations. As societies, economies, and political landscapes change over time, the concept of federalism has adapted and evolved to meet the specific needs and challenges of different contexts.
(ii) One of the first major attempts to build a federal polity was in the United States. The U.S. Constitution, adopted in 1787, established a federal system of government that divided powers between a central national government and individual State Governments.
(iii) Three key ideas and concepts associated with federalism are:
(a) Division of Powers: Federalism involves the division of powers between the central or national government and the state or regional governments. Each level of government has its own set of responsibilities and functions, and they share authority over certain areas.
(b) Dual Sovereignty: In a federal system, both the Central Government and the State Governments have their own spheres of sovereignty. They are considered to be sovereign in their respective areas of authority, and neither can encroach upon the core powers of the other.
(c) Supremacy of the Constitution: In a federal system, the Constitution plays a crucial role in defining the powers and responsibilities of the different levels of government. The Constitution acts as the supreme law of the land, and all levels of government, as well as the citizens, are bound by its provisions.
What is the relationship between liberty and equality? OR
What are the different concepts of justice?Answer:
The relationship between liberty and equality is complex and often subject to different interpretations. Both concepts are fundamental principles of a democratic society, and their interaction can vary based on the context and perspective.
(i) Liberty in absence of equality is meaningless: Without some degree of equality, certain individuals or groups may be marginalized or oppressed, leading to a situation where they are unable to fully exercise their liberties. For example, economic inequality can limit access to education, healthcare, and opportunities, thereby restricting individual freedom.
(ii) Liberty does not mean the same work and equal wages for all: Liberty does not imply absolute equality of outcomes but rather the freedom for individuals to pursue their own goals and make choices according to their abilities and preferences. The notion of equal wages for all contradicts the idea of liberty as it would impose uniformity on individual choices and abilities.
(iii) Support from scholars: Scholars like Prof. Laski, Maciver have emphasised the connection between liberty and equality, recognising that a just society requires a balance between individual freedoms and the reduction of social disparities.
(i) Together they curtail individual liberty: Some argue that the pursuit of absolute equality might require significant state intervention and regulation, which can infringe upon individual liberties. For example, attempts to achieve economic equality through heavy redistribution of wealth could undermine individual property rights and personal choices.
(ii) Nature has not created each individual equal:
The inherent diversity among individuals in terms of traits, qualities, and capabilities makes absolute equality challenging to achieve without limiting personal freedoms. Emphasising absolute equality could stifle individual talents and contributions.
(iii) Support from scholars: Scholars like Lord Acton and De Tocquevile have expressed concerns about the potential dangers of
excessive equality leading to the concentration of power and the suppression of individual liberties.
Justice means faithful realisation of existing laws against any arbitrary dealing and the ideal element in law to which a good law should aspire for Justice can be classified as:
(i) Social justice:
- No discrimination must be made among the citizens of a country on the ground of religion, colour, caste, race, language, etc.
- Equal opportunities should be provided to one and all for one’s own development.
- An equality-based society should be established.
(ii) Political justice:
- To exercise political power to serve the interests of the all.
- Every citizen should enjoy their right to vote without any discrimination.
- Every person should have the right to contest elections as par.
- Every citizen should have an opportunity to put pressure on the government.
(iii) Economic justice:
- It refers to provide equal opportunities to one and all to earn money and to spend to meet the needs of life.
- National income and resources should be evenly distributed among all the people.
- Economic welfare of weaker section should be looked after.
(iv) Legal justice:
- State-established justice by means of law.
- Equal provisions of punishments should also be made without any partiality.
Explain the original and appellate jurisdiction of the Supreme Court of India. OR
Explain in detail the various powers or functions performed by the Prime Minister of India.
The Supreme Court of India has both original and appellate jurisdictions.
(i) Original Jurisdiction: Under its original jurisdiction1 the Supreme Court has the authority to hear and settle disputes between the Government of India (center) and one or more states or between two or more states. This means that when there are disputes or conflicts arising between the Central Government and State Governments or between different State Governments, they can be directly brought before the Supreme Court for resolution.
Additionally, the Supreme Court exercises original jurisdiction in cases involving violations of Fundamental Rights guaranteed by the Constitution. If the Fundamental Rights of any citizen are infringed upon, they can directly approach the Supreme Court by filing a writ petition seeking protection and enforcement of their rights.
(ii) Appellate Jurisdiction: In its appellate jurisdiction, the Supreme Court functions as the highest court of appeal in the country. It hears and decides appeals against the judgments and orders of the High Courts and other subordinate courts of the country. The cases that come to the Supreme Court through its appellate jurisdiction are mainly related to questions of law, constitutional interpretation, or significant public importance.
The appellate jurisdiction of the Supreme Court is also exercised through two types of appeals:
Regular Appeals: In regular appeals, parties who are dissatisfied with the decisions of lower courts can approach the Supreme Court seeking a re-evaluation of the case on the basis of legal arguments or errors in the interpretation of the law.
Special Leave Petitions (SLPs): The Supreme Court has discretionary powers to grant ‘special leave’ to appeal, allowing parties to approach the court directly for the review of judgments even if there is no legal right of appeal. In summary, the Supreme Court of India has both original and appellate jurisdictions, enabling it to serve as the final interpreter of the Constitution, protector of Fundamental Rights, and the highest court of appeal in the country.
The various powers or functions of the Prime Minister of India include:
- Presiding over the meetings of the Cabinet and Council of Ministers.
- Acting as a bridge between the President of India and the Council of Ministers. The members of Council of Ministers cannot directly get in touch with the President without the permission of the Prime Minister.
- Allotting departments to ministers, supervising their performance and if the performance is not satisfactory, then changing the department of the concerned minister.
- Advising the President of India for appointments of Governors of States and Ambassadors.
- Advising the President of India in appointments of the members of the civil services.
- Serving as the Head of the Government and the Real Executive in the Parliament.
State the provision of Constitution of India that demonstrates the secular nature of Indian state. OR
Explain the composition of Election Commission of India.
Some provisions of the Constitution of India in the matter are:
- The Preamble to the Constitution of India reads India as a Secular State.
- Article 14 states that everyone is equal before law irrespective of the religion.
- Article 15 states that there cannot be discrimination on the basis of religion in any public places.
- Article 16 states that there cannot be discrimination on the basis of religion for admission to educational institutions.
- Article 25 grants freedom to practice any religion.
- Article 26 states that educational institutions pertaining to religion be opened and run by the community.
- Article 27 states that no person shall be compelled to pay any tax or fee for the promotion or maintenance of any particular religion or religious denomination.
- Article 28 states that no religious instructions can be provided in state-managed schools.
The Election Commission of India (ECI) is an independent constitutional body responsible for overseeing and conducting free and fair elections in India.
The composition of the Election Commission is as follows:
(i) Chief Election Commissioner (CEC): The Election Commission is headed by the Chief Election Commissioner. The CEC is appointed by the President of India and holds the highest position in the commission. The CEC oversees the overall functioning of the Election Commission and is responsible for making critical decisions related to elections.
(ii) Election Commissioners: In addition to the Chief Election Commissioner, there can be up to two Election Commissioners. The President appoints these Commissioners on the advice of the Chief Election Commissioner. The Election Commissioners work together with the CEC to ensure the effective functioning of the Election Commission.
The composition of the Election Commission is designed to ensure impartiality and prevent interference from the government or any political party during the electoral process. The CEC and Election Commissioners collectively make crucial decisions related to the conduct of elections, including the announcement of election schedules, enforcement of the Model Code of Conduct, monitoring election expenditure, overseeing the electoral roll preparation, and resolving electoral disputes.
The independent and autonomous nature of the Election Commission helps maintain the integrity and fairness of the electoral process, upholding the democratic principles enshrined in the Constitution of India.
What is the need of a constitution? OR
Why is the Right to Constitutional Remedies the most important Fundamental Right? Summarise its provisions and give arguments to show why it is most important.
A constitution is required for the following reasons:
(a) To provide a set of basic rules that all members of a society can agree upon A constitution lays down the fundamental principles, values, and rules that govern the functioning of a country. It serves as a social contract that people in a society agree to follow and provides a common framework for their coexistence.
(b) To specify who has the power to make decisions in a society: The constitution defines the structure of government and outlines the distribution of powers among different branches of government. It clarifies the roles and responsibilities of various institutions and officials, ensuring a system of checks and balances.
(c) To decide how the government will be constituted: The constitution sets out the procedures for electing representatives, forming governments, and appointing key officials. It establishes the democratic framework that determines how leaders are chosen and how they are held accountable.
(d) To set some limits on government: The constitution protects the Fundamental Rights and liberties of citizens and sets limits on the government’s authority. It ensures that the government cannot violate the rights and freedoms of individuals and provides a mechanism to challenge any such violation.
(e) To enable the government to fulfill the aspirations of a society and create conditions for a just society: The constitution often includes the goals and objectives of a nation, such as promoting justice, liberty, equality, and social welfare. It serves as a guiding document that directs the government’s efforts to achieve these aspirations.
(f) To define relationships that constitute the national identity of a country: The constitution may include provisions related to the national flag, anthem, languages, symbols, and other elements that reflect the collective identity and culture of the country. It helps preserve the unique identity of a nation.
Provisions of Right to Constitutional Remedies:
(i) Article 32: The Right to Constitutional Remedies empowers individuals to move the Supreme Court directly for the enforcement of their Fundamental Rights. It gives the Supreme Court an extraordinary jurisdiction to issue writs, orders, or directions for the protection of these rights.
(ii) Writs: The Supreme Court can issue five types of writs: Habeas Corpus (to secure the release of an unlawfully detained person), Mandamus (to direct public officials to perform their duties), Prohibition (to prevent an inferior court from exceeding its jurisdiction), Certiorari (to quash orders of lower courts or tribunals), and Quo Warranto (to inquire into the legality of a person holding a public office).
(iii) Enforcement: The Right to Constitutional Remedies ensures that if an individual’s Fundamental Rights are violated, they have the means to seek immediate redressed from the highest court of the country.
Arguments for the Importance of Right to Constitutional Remedies:
(i) Safeguard of Other Rights: The Right to Constitutional Remedies acts as a guardian of all other Fundamental Rights. It ensures that if any other rights are infringed upon, individuals can approach the Supreme Court for timely and effective relief.
(ii) Ultimate Protector of Constitution: The Supreme Court’s power to enforce Fundamental Rights through writs makes it the ultimate protector of the Constitution. It ensures that no organ of the government, including the executive and legislative branches, can act arbitrarily or unconstitutionally.
(iii) Guarantor of Rule of Law: The Right to Constitutional Remedies strengthens the rule of law by providing citizens with a mechanism to hold the government accountable and seek justice if their rights are violated. It promotes a sense of legal certainty and fairness in society.
(iv) Promotes Social Justice: This right plays a crucial role in upholding socia’ justice by empowering marginalized and vulnerable sections of society to seek relief against discrimination and oppression.
(v) Deterrent against Abuse of Power: The availability of constitutional remedies acts as a deterrent against the abuse of power by public authorities. It ensures that they act within the confines of the Constitution and respect the rights of citizens.