Total History and Civics Class 9 ICSE Morning Star Solutions Chapter 16

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Total History and Civics Class 9 ICSE Morning Star Solutions Chapter 16 Salient Features of the Constitution—II.

These Solutions are part of Total History and Civics Class 9 ICSE Morning Star Solutions. Here we have given. Total History and Civics Class 9 ICSE Morning Star Solutions Chapter 16 Salient Features of the Constitution—II.

EXERCISES

I. Short Answer Questions :

Question 1.
What are known as Directive Principles of State Policy?
Answer:
The Directive Principles are the guidelines to be followed by the government of the country.

Question 2.
In which part of the Constitution are Directive Principles incorporated ?
Answer:
Article 39 to 51 contain the Directive Principles.

Question 3.
Name one important source of Directive Principles.
Answer:
The ideas of Mahatma Gandhi are one of the important source of Directive Principles.

Question 4.
When the Directive Principles are not enforceable by law courts why have they been incorporated in the Constitution.
Answer:
Some Directive Principles are not enforceable by law courts; but these are incorporated in the constitution to deal with exceptional cases.

Question 5.
What happens in case of any conflict between the Directive Principles and Fundamental Rights ? Give reason to support your answer.
Answer:
In case of any conflict between the Directive Principles and Fundamental Rights, the former shall prevail. This is because the welfare of the people as a whole is of paramount importance over that of an individual. However, the Directive principles are not enforceable by any court of law in the country. This in effect means that the citizens cannot move the courts of law if the government fails to implement these directives. But on moral grounds both the government and the courts have to take cognizance of these directives.

Question 6.
Name any two measures taken by the Government towards implementation of the Directive Principles of State Policy.
Answer:

  1. To provide free and compulsory education to children up to the age of 14 in all government and government aided schools.
  2. Five-Year Plans to focus on the progress of weaker section of the society.

Question 7.
Mention two Directive Principles based on Gandhian Principles.
Answer:
Two Directive Principles based on Gandhian Principles are :

  1. To establish Village Panchayat.
  2. To promote cottage industries.

Question 8.
Mention one important point in favour of Directive Principles for the governance of our country.
Answer:
Directive Principles provide a solid framework, of political social and economic programmer for a modem democratic state to enable the ruler to govern the nation properly.

Question 9.
Mention two Directive Principles which aim at the establishment of a socialist pattern of society.
Answer:
Directive Principles which aim at the establishment of a socialist pattern of society are :

  1. Article 39 (a): To provide adequate means of livelihood for all citizens.
  2. Article 43: To secure for all workers, employment, wages and decent standard of living.

Question 10.
Explain the term Welfare State.
Answer:
Welfare State is a system under which the state undertakes to protect the health and well being of its citizens through various means including legislation.

Question 11.
Answer:
Article 46, under Gandhian or Socialist Principles, promotes and protects the interest of weaker sections of the people and in particular, of Scheduled castes and protect them against social injustice and exploitation.

Question 12.
Mention the Directive Principle of State Policy regarding local self-government.
Answer:
Article 40, deals with the establishment of local self-government or village panchayats. This principle has since been transformed into reality through the Constitution (73rd Amendment) Act, 1992 which provided for a three tier Panchayati Raj system in the country.

Question 13.
How do the Directive Principles reflect the ideals stated in the Preamble ?
Answer:
The Article 39 to 51 contain Directive Principles, which are based on the introductory part of the Preamble along with the guidelines of proceedings.

PRACTICE QUESTIONS

Question 14.
How is spirit of the Directive Principles reflected in the Five Year Plans ?
Answer:
Five Year Plans are mainly focused on welfare of society and development of the weaker sections ; so these are ideal source of application of the Directive Principles.

Question 15.
In which Part of the Constitution are the Directive Principles of State Policy laid down?

OR

Which part of the Constitution provides for the establishment of a Welfare State in India?
Answer:
In Part-IV of the Constitution are the Directive Principles of State Policy laid down.

Question 16.
From where did the inspiration to include Directive Principles in the Constitution come?
Answer:
The inspiration to include Directive Principles in the Constitution was captured from the “Principles of Social Policy” laid down in the Irish Constitution for the guidance of the legislature.

Question 17.
What is meant by ‘Directive Principles of State Policy’? What is the basic purpose of these Directives?
Answer:
The ‘Directive Principles of State Policy’ means directions or instructions that tell the legislature and the executive what to do. The basic purpose of these Directives is to guide the Courts go in a right direction while implementing the laws for the welfare of state. Their another purpose is to keep up the proclamation that Indian State is a welfare state.

Question 18.
What is meant by the term ‘Welfare State’?
Answer:
‘Welfare State’ means a nation that provides her subject all the fundamental needs and necessities, equal and fair justice, education, a living wage, humane conditions of work a clean environment. It promotes egalitarian beliefs, one finds a clearer statement of socialist aims.

Question 19.
What do we mean when we say that the Directive Principles are non-justiciable rights of the citizens?
Answer:
‘Directive Principles are non-justiciable rights of the citizens, by this we mean these provisions shall not be enforceable by any Court. If a Directive is infringed, no remedy is available to the aggrieved party by way of judicial proceedings.

Question 20.
Mention any three non-justiciable rights of the people of India.
Answer:
The three non-justiciable rights are as follows :

  1.  Free and compulsory education to all children up to the age of fourteen years.
  2. Adequate means of livelihood.
  3. Equal pay for equal work for both men and women.

Question 21.
Comment on the statement that the Directive Principles “are fundamental in the governance of the country”.

OR

Since Directive Principles are non-justiciable, what is the use of their being included in the Constitution of India?
Answer:
The Directive Principles are “fundamental in the governance of the country”, by saying so, it means it shall be the duty of the State to apply these principles in making laws so as to protect the public welfare and it’s interests. All executive agencies should also be guided by these principles. The judiciary too has to keep them in mind in deciding cases.

Question 22.
Mention two Directive Principles based on Gandhi’s ideals.
Answer:
Two Directive Principles based on Gandhi’s ideals are :

  1. The State shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular the interests of the Scheduled Castes and the Scheduled Tribes.
  2. The State shall endeavour to promote cottage industries in rural areas.

Question 23.
What is the Directive Principles regarding ‘Village Government’ (Panchayats)?

OR

What do the Directive Principles require the State to do to strengthen democracy at the grassroots?
Answer:
The ‘Village Government’ (Panchayats) shall be endowed with such powers and authority as may be necessary to enable them to function as units of self-government.

Question 24.
Mention one Directive Principles of State Policy which promotes the interests of the weaker sections of society.
Answer:
Article 46 states, “the State shall promote with special care the educational and economic interests of the weaker sections of the people.”

Question 25.
Mention the Directive Principle regarding public health.
Answer:
The State shall make an effort to prevent the consumption of liquor and other harmful drugs, except for medicinal purposes. It shall be the duty of State to raise the level of nutrition and the standard of living of the people and to improve public health.

Question 26.
Mention two Directive Principles that aim at the establishment of a Socialistic Pattern of Society.

OR

Mention two such Directive Principles as could enable us to reach the goal of economic democracy (Economic Equality).
Answer:
Two Directive Principles that aim at the establishment of a Socialistic Pattern of Society are as follows :

  1. There should be fair distribution of wealth. There should be no concentration of wealth in the hands of a few people. Means of production and other resources of the country should be utilised for the common good.
  2. Childhood and youth should be protected against exploitation. Men, women and children should not be forced’ by economic necessity to enter jobs and vocations, not suited to their age and strength.

Question 27.
Mention one Directive Principle which suggests that Indian State is a Welfare State.
Answer:
The State is directed to ensure to the people
(a) the right to work,
(b) the right to education, and
(c) the right.to State assistance in cases of unemployment, old age, sickness and disablement.

Question 28.
What is meant by the term “living wage”?
Answer:
A “living wage” is a wage which is large enough to enable you to buy food, clothing, and other necessary things.

Question 29.
Mention one Directive Principle that protects Children against exploitation.
Answer:
Childhood and youth should be protected against exploitation, Men, Women and Children should not be forced by economic necessity to enter jobs and vocations, not suited to their age or strength.

Question 30.
What does the expression ‘Uniform Civil Code’ mean?
Answer:
The expression ‘Uniform Civil Code’ means that in matters like—marriage, divorce, inheritance and succession aM the Indians, irrespective of their sex or religion should be governed by the same laws. Secondly, the State should secure equal justice and free legal aid to the needy.

Question 31.
Mention the Directive Principle which aims at the protection of Environment in the Country.
Answer:
Under 42nd Amendment Act, 1976 a new Directive was added to the Constitution. It speaks of State’s duty “to protect and improve the environment and to safeguard the forests and wild life of the country.”

Question 32.
What does the Directive Principles regarding protection of Monuments say?

OR

Mention the Directive Principle which aims at the preservation of ancient cultural heritage of India.
Answer:
The State is duty-bound to protect every monument or object of artistic or historic importance. Place and things of national importance should be protected from spoliation, disfigurement, destruction, removal, disposal or export.

Question 33.
Mention any two Directive Principles which promote International Peace and Security.
Answer:
The state shall endeavour to :

  1. Promote international peace and security.
  2. maintain just and honourable relations between nations.

Question 34.
Mention any two steps by the Government to achieve the objectives of the Directive Principles of State Policy.

OR

Mention any two things done by the Government to secure the implementation of the Directive Principles of State Policy.
Answer:
Some of the efforts of the State to implement the Directive Principles are as follows :

  1. Right to Education came into force on 1 April 2010. It has now become a Fundamental Right of all Children of the age 6 to 14 years.
  2. The national Rural Employment Guarantee Act (2005),now named after Mahatma Gandhi, required to provide 100 days of employment in a year to each rural household in the country. During 2009-10 nearly 4.33 crore households were provide employment under the Rural Employment Scheme.

Question 35.
State two points of distinction between of Dundamental Rights and the Directive Principles of State Policy.
Answer:

  1. Rights are justiciable, the Directives are not enforceable;
  2. Rights primarily protect civil liberties, the Directive Principles lay down ‘economic democracy’ as our ideal.

Question 36.
What do the Directive Principles say about each of the following :
(a) Cottage Industries.
(b) Agriculture and animal husbandry.
(c) Education for children.
(d) Separation of Judiciary from the Executive.
Answer:
Regarding the given headlines, What the Directive Principles say is given as follows :
(a) Cottage Industries : The state shall endeavour to promote cottage industries in rural areas.
(b) Agriculture and animal husbandry : Agriculture and animal husbandry should be organised on modern and scientific lines. Steps should be taken for prohibiting the slaughter of cows, calves and other milch and draught cattle.
(c) Education for children : Article 45 states that the State shall attempt to provide for free and compulsory education to all children up to the age of fourteen years.
(d) Separation of Judiciary from the Executive : Judiciary has been separated from the executive in the State and Union Terriotries except Jammy and Kashmir and Nagaland.

Question 37.
State two points of distinction between the Fundamental Rights and the Directive Principles of State Policy.
Answer:
Following are the two points that make distinction between the Fundamental Rights and the Directive Principles of State Policy.

  1. Rights are Justiciable, the Directive Principles are Non- Justiciable : the Supreme Court and the High Courts have power to issue orders or writs for the enforcement of Fundamental Rights. On the other hand, it is obviously stated that Directive Principles are not enforceable or justiciable. No worker can secure “a living wage” by mean of proceeding in a court.
  2. Right, primarily protect Civil Liberties, the Directive Principles lay down ‘Economic Democracy’ as our ideal: ‘Rights’ protect life and civil liberties, such as freedom to assemble and express one’s opinion on matters of common interest. The ‘Directive Principles’ indicate as to what our economic ideal or social order ought to be.

II. Structured Questions

Question 1.
There are differences of opinion regarding the significance of both the Directive Principles and the Fundamental Rights. In this context explain the following:
(a) What are the chief differences between the two ?
(b) How do the Directive Principles complement Fundamental Rights ?
(c) What is importance of Directive Principles ?
Answer:
Chief differences are as :

Directive Principles

  1. These are in Part IV of Constitution
  2. These are not justiciable
  3. These create certain privileges.
  4. These are directions to set objectives.
  5. Their aim is a Welfare State.
  6. These are related to wide range including international peace.

Fundamental Rights

  1. These are in Part III of the the Constitution.
  2. These are justiciable.
  3. These are existing privileges for citizens.
  4. These are certain restrictions on the state.
  5. Their aim is political democracy.
  6. These are related to the individual’s rights.

(b) Directive Principles province guidelines to the Fundamental Rights as an individual can get a peaceful environment and enjoy his rights, provided there is national and international peace together maintained properly.

(c) The importance of Directive Principal is remarkable, as these are the basic guidelines to provide correct direction for proceedings and are essential to achieve ultimate estimated goals.

2. With reference to the concept of a ‘Welfare State’, answer the following questions :
Question 2(a).
What is meant by a ‘Welfare State’ ?
Answer:
A Welfare State is a state which seeks to ensure the maximum happiness of maximum number of people living within its territory.

Question 2(b).
How does the Constitution of India seek to establish India as a Welfare State ?
Answer:
The Constitution of India seeks to establish India as a Welfare State. Although the words “Welfare State” are not specifically mentioned in the Constitution, the aims and objectives of a Welfare State are clearly pointed out in the Directive Principles of State Policy. These Directives emphasise that the goal of the Indian Polity is a Welfare State, where the State has a positive duty to ensure to its citizens social and economic justice and dignity to the individual. Both the Union and the State governments, have over the past six decades taken steps to implement Directive principles, which aim at establishing social and economic democracy, the basic goal of a Welfare State.

Question 2(c).
Mention two government schemes aimed at social upliftment of the poor.
Answer:

  1. The payment of wages is governed by the Government which has enacted legislation to the effect that the payment be made according to the Minimum Wages Act 1948, as amended from time to time.
  2. A social upliftment scheme, called the ‘Jan Dhan Yojana’, was announced by the Prime Minister, Narendra Modi on August 15,2014.

Question 3.
With reference to the origin of Directive Principles state the following :
(a) How do you say that the framers of our Constitution were influenced by the Universal Declaration of Human Rights by United Nations ?
(b) State three other important influences which led to the incorporation of these Principles in the Indian Constitution.
(c) How do you say the ideas of Mahatma Gandhi also influenced the framers of our Constitution ?
Answer:
(a) The framers were influenced by Universal Declaration of Human Rights by U.N, because The Charter of Human Rights was framed by the United Nations.

(b)

  1. The Constitution of the Irish Republic.
  2. The Declaration of the Rights of Man and Citizens of Revolutionary France.
  3. The ideas of Mahatma Gandhi.

(c) Ideas of Mahatma Gandhi are apparent in the promotion of Village Panchayat and Cottage Industries.

Question 4.
With reference to the classification of Directive Principles.
(a) Explain four Principles related to Economic Policy.
(b) Explain two Principles related to Gandhiji’s ideas.
(c) What are the Principles for International Peace and Security ?
Answer:
(a)

  1. The Government has abolished the Zamindari System and introduced the land reform programme to do away with the old feudal socio-economic structure of rural India.
  2.  Nationalisation of banks, insurance companies and some key industries have been done.
  3. In order to ensure  just payment to workers and equal pay for equal work, the payment of wages is governed by the Government.
  4.  The Government has launched various programmers such as Integrated Rural Development Programmer (IRDP) and Rural Landless Employment Guarantee Programmer (RLEGP) to help the poor. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 seeks to provide 100 days of guaranteed wage employment to rural households.

(b) Gandhiji ’s Policy includes development of Village. Panchayats, cottage industries, agriculture and animal, husbandry to prosper the village regions.

(c) Article 51, lays down stress on International Peace, friendly relations between nations, the settlement of international disputes through arbitration (judgement).

PRACTICE QUESTIONS

Question 5.
With reference to the Directive Principles of State Policy, explain the
following :
(a) Meaning and Purpose of the Directive Principles.
(b) Nature or Characteristics of the Directive Principles:
Answer:
The headlines given above with reference to the Directive Principles of State Policy are explained as under :
(a) Meaning and Purpose of the Directive Principles : This Directive Principles are in the nature of directions or instructions that tell the legislature and the executive what to do. They serve as the beacon-light to the Courts as well.
The Directive Principles lay down the positive obligations of the State to give to every person what he wants, that is, a living wage, human conditions of work, education for children, a clean environment and equal justice.

(b) Nature of the Directive Principles : The Directive Principles are non-justiciable rights of the people. These provisions shall not be enforceable by any court. The Directive Principles are fundamental in the governance of the country. It shall be the duty of the State of apply these principles in making laws. All executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases. Article 31c, seeks to upgrade the Directive Principles. If laws are made to give effect to the Directive Principles, they shall not be invalid on the ground that they take away the Fundamental Rights.

Question 6.
Explain the scope of the undermentioned Directive Principles ;
(a) Principles based on Mahatma Gandhi’s Ideals.
(b) Principles which promote Economic Equality (Socialistic Measures).
Answer:
The Directive Principles of State Policy can be classified and their scope is explained as under :
(a) Principles based on Mahatma Gandhiji deal: Mahatma Gandhi believed in promoting the educational and economic interests of the weaker sections of the society on behalf of the State. The State shall also uplift the Scheduled Castes and the Scheduled Tribes at the same time. Gandhi wanted that the State should abstain people from consuming liquor and other harmful drugs, except for medicinal purposes. The State should raise the level of nutrition and the standard of King of the people. She should improve public health as for her duty. Further, he emphasised to organise Village Panchayats and endow them with such powers and authority as rjiay be necessary to enable them to function as units of self-government. Gandhi inspired cottage industries, especially home-spinning. Fie gave stress on organising Agriculture and animal husbandly on modem and scientific lines. He raised his voice against the slaughter of cows, calves and other milch and drought cattle and demanded prohibition on this in human act. Gandhi sought that the State shall endeavour to provide for free and compulsory education to all children up to the age of fourteen years.

(b) Principles which promote Economic Equality : The State should ensure for her people adequate means of livelihood. Economic Equality could only be achieved when people get in tuned to their source of livelihood. There should be fair distribution of wealth. There should be no concentration of wealth in the hands of a few people. Means of production and other resources of the country should be utilised for the common good. There should be equal pay for equal work for both men and women, childhood and youth should be protected against exploitation. Men, women and children should not be forced by economic necessity to enter jobs and vocations, not suited to their age or strength. The State is responsible to provide work, education, assistance in case of unemployment, old age, sickness and disablement. The State is directed to secure to the workers “a living wage”. It should guarantee people, a decent standard of life and full enjoyment of leisure. The State should ensure the participation of workers in the management of industries and other organisations.

Question 7.
Mention the Directive Principles which proclaim that Indian State is a Welfare State.
Answer:

  1. The State is directed to ensure to the people
    (a) the right to work,
    (b) the right to education, and
    (c) the right to State assistance in cases of unemployment, old age, sickness and disablement.
  2. The State is directed to secure to the workers, “a living wage”. A “living wage” is a wage which is large enough to enable you to buy food, clothing, a roof your head and other necessary things. Conditions of work should be such as to ensure a decent standard of life and full enjoyment of leisure.

Question 8.
Discuss the importance and utility of Directive Principles of State Policy with reference to the following points :
(a) Directive Principles highlight the National Objectives.
(b) They seek to establish Economic Democracy.
(c) They provide an element of permanence in a Democracy.
Answer:
The importance and utility of Directive Principles of State Policy is discussed below :
(a) Directive Principles highlight the National Objectives :
The Directive Principles even though not justiciable, reflect the “national conscience”. They make an explanation of the social and economic programming of a modem Welfare State. A Welfare State mainly concerns with the health, education and living conditions of the people in society.
(b) They seek to establish Economic Democracy : The Directive Principles prescribe that the material resources of the country should subserve the common good. The State should ensure that “there is equal pay for equal work for both men and women.”
(c) They provide an element of permanence in a Democracy: In a democracy, power changes hands very frequently. Which ever party captures power, it shall have to implement these Directives. The Principles “Will pull back the revolutionary and push forward the reactionary.”

Question 9.
Distinguish between Fundamental Rights and Directive Principles of State Policy. In case of a conflict between the Directive Principles and Fundamental Rights which of the two shall prevail?

OR

Examine the relationship between the Fundamental Rights and Directive Principles of State Policy.
Answer:
Fundamental Rights and Directive of State Policy Principles can be distinguished in the
following manner : 

  1. Rights are Justiciable, that means, The Supreme Court and the High Court have power to issue orders or writs for the enforcement of the Fundamental Rights.
    The Directive Principles are Non-Justiciable, they are not enforceable. No worker can secure “a living wage” by means of proceeding in a Court.
  2.  Rights protect life and civil liberties like—freedom to assemble and express one’s opinion on matters of common interest. The Directive Principles indicate as to what our economic ideal or social order ought to be.
  3. Fundamental Rights are mostly negative in character. They indicate the things which the State must not do. Thus, a person who is arrested, shall not be denied the right to consult a lawyer of his choice.
    The Directive Principles are in the nature of positive directions to the State. They direct the State to secure to the citizens, economic assistance in cases of unemployment, old age and sickness.
    In case of Conflict between the Directive Principles and Fundamental Rights, both of these have equal importance. Both complement each other. Ordinarily, the Directives cannot take Precedence over Fundamental Rights. Since Fundamental Rights are Justiciable, they are treated as being more important than the Directive Principles According to the Supreme Court, the Directive Principles “have to conform to and run as subsidiary to the chapter on Fundamental Rights”.

Question 10.
In what respects do the Directive Principles differ from the Fundamental Rights?
Answer:
In the following manner the Directive Principles differ from the Fundamental Rights:

  1. Rights are Justiciable, the Directive Principles are Non- Justiciable.
  2. Rights primarily protect Civil Liberties, the Directive Principles lay down ‘Economic Democracy’ as our Ideal.
  3. Rights constitute Limitations upon State action, the Directive Principles are in the nature of Positive Directions.

Question 11.
Examine the implementation of the Directive Principles in respect of these spheres :
(a) Social Justice,
(b) Economic Welfare, and
(c) Legal and Administrative Matters.
Answer:
The implementation of the Directive Principles in respect of the given spheres is explained below :
(a) Social Justice : The Programme of Universalisation of Elementary Education has been accorded the highest priority in order to provide free and compulsory education to all children up to the age of 14 years. The 93rd Constitution Amendment Bill was passed by the Parlimanet on May 14, 2002. It aims to provide free and compulsory education to all children aged 6-14 years in the country.
The Center and the State governments both have been implementing Welfare Schemes for the weaker sections. These schemes include programmes such as Boys and Girls Hostels for SC/ST students. The year 1990-91 was declared as the ‘Year of Social Justice’. Free textbooks are being provided by the government to all SC/STs and Girl students. A sum of nearly 75 lakh rupees was sanctioned for this purpose during the year 2001-2002.

The Prevention of Atrocities Act enacted by the Government ensures full protection to the Scheduled Castes and Scheduled Tribes against atrocities. The Act renders severe punishments for acts considered as atrocities.

(b) Economic Welfare : A number of Land Reform Acts were enacted to provide ownership right to the poor farmers. Nearly 200 lac acres of land had been distributed to SCs, STs and the landless rural poor upto September 2001.
The banking policy has been improving, banking facilities in the rural areas. Nationalised banks were liberal in advancing loans to poor farmers, artisans and to the people who are keen interested to set-up cottage industries.

The Minimum Wage Act empowers government to fix minimum wages for the employees engaged in various employments. The Equal Remuneration Act, 1976, provides for equal pay for both men and women for the same work or a work of similar nature. Different programmes were launched to boost rural employment. Swaranjayanti Gram Swarozgar Yojana (SGSY) launched in 1999, is now, the single largest self-employment programme for the rural poor.

(c) Legal and Administrative Matters : Panchayati Raj now dominates almost all States and Union Territories 1 /3 rd of the total number of seats have been reserved for women in Panchayats at every level.
Legal aid at the expense of the State, has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all States and Union Territories except Jammu and Kashmir and Nagaland.

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