NCERT Summary: Rights in the Indian Constitution-2 | Political Science Class 11 - Humanities/Arts PDF Download

Right to Freedom of Religion

• Hallmark of democracy; counters historical persecutions/conversions by rulers.

Freedom of Faith and Worship

• Article 25: Conscience freedom; profess/practice/propagate religion (includes voluntary conversion).
• Article 26: Manage religious affairs.
• Article 27: No tax for specific religion promotion.
• Article 28: Religious instruction in state institutions is optional.
• Restrictions for public order, morality, health (e.g., ban sati, bigamy, sacrifice); not the absolute-state roots of social evils.
• Tensions: Interventions seen as interference; the propagation right debated (inducement vs. genuine).

Equality of All Religions

• No official religion; equal treatment without favouritism, in jobs/education.
• State neutral: No preaching/religious education in institutions; sustains secularism (Article 14 non-discrimination on religion).

Cultural and Educational Rights

• India's society evokes images of diversity; not a monolithic structure but one with vast variations.
• In a diverse society, smaller social sections (minorities) exist compared to larger groups.
• The Constitution views diversity as a strength; thus, it includes the Fundamental Right for minorities to maintain their culture.
• Minority status is not limited to religion; it includes linguistic and cultural minorities.
• Definition of minorities: Groups sharing a common language or religion; outnumbered by others in a specific region or nationwide.
• Such communities possess a unique culture, language, and script; they have the right to conserve and develop these elements.
• All minorities (religious or linguistic) can establish and manage their own educational institutions to preserve and evolve their culture.
• Government, when providing aid to institutions, will not discriminate against those managed by minority communities.

Right to Constitutional Remedies

• An impressive list of Fundamental Rights (FRs) requires effective enforcement to be meaningful; without it, rights remain theoretical.
• Article 32 empowers citizens to directly approach the Supreme Court (SC) or High Courts (HCs) for violations, making remedies accessible and swift.
• Dr. B.R. Ambedkar described Article 32 as the "heart and soul" of the Constitution, emphasizing its central role in upholding FRs against state overreach.
• Courts issue special orders called writs to enforce rights:
  1. Habeas corpus: Orders the production of an arrested person before the court; releases if the arrest is unlawful or the grounds are unsatisfactory.
  2. Mandamus: Compels a public official to perform a legal duty neglected, protecting individual rights.
  3. Prohibition: Issued by higher courts (HC/SC) to prevent lower courts from exceeding jurisdiction in ongoing cases.
  4. Quo Warranto: Challenges a person's right to hold public office if unqualified, restricting unauthorized actions.
  5. Certiorari: Directs a lower court/authority to transfer a case to a higher court for review or correction of errors.

Beyond the judiciary, additional mechanisms protect rights, especially for vulnerable groups:

National Human Rights Commission (NHRC): Established in 1993; led by a former Chief Justice of India (CJI), a former SC judge, a former HC Chief Justice, and two human rights experts.

• Functions: Inquires into violations (own initiative or complaints) like custodial deaths/rape, disappearances, police excesses; conducts jail visits; promotes research; issues guidelines (e.g., on custodial justice, police-human rights, sexual assault SOPs).
• Recommends actions to the government/courts but lacks prosecution power.
• Key interventions: Disappeared youth in Punjab; investigations/trials in Gujarat riots.
• National Commissions: For Minorities (protects religious/linguistic groups), Women (gender rights), and Scheduled Castes (SCs; anti-discrimination for Dalits).
• NGOs: People's Union for Civil Liberties (PUCL) and People's Union for Democratic Rights (PUDR) act as independent watchdogs, monitoring violations and advocating for the poor/illiterate/deprived.

Directive Principles of State Policy

• Framers foresaw challenges like equality/well-being; provided non-justiciable guidelines (no court enforcement) for moral/political force; people hold governments accountable.
• Separate list (Part IV) for flexibility, binding future decisions.

What Do the Directive Principles Contain?

Framers knew independent India would face challenges like achieving equality and well-being for all citizens; they needed policy directions, but without binding future governments rigidly.

• Guidelines incorporated but made non-legally enforceable: Cannot sue government in court for non-implementation; called "non-justiciable" (not enforceable by judiciary).
• Moral force and public accountability are expected to ensure governments take them seriously; a separate list in the Constitution known as the Directive Principles of State Policy (Part IV).

What Do the Directive Principles Contain?

• Lists mainly three things: Goals/objectives for society to adopt; certain rights for individuals beyond Fundamental Rights; certain policies for the government to adopt.
• Goals: Welfare of the people; social, economic, and political justice; raising the standard of living; equitable distribution of resources; promotion of international peace.
• Policies: Uniform civil code; prohibition of consumption of alcoholic liquor; promotion of cottage industries; prevention of slaughter of useful cattle; promotion of village panchayats.
• Non-justiciable rights: Adequate livelihood; equal pay for equal work for men and women; right against economic exploitation; right to work; early childhood care and education for children below the age of six years.
• Governments have implemented some: Passed zamindari abolition bills, nationalized banks, enacted factory laws, fixed minimum wages, promoted cottage and small industries, and provided provisions for reservations to uplift the scheduled castes and tribes.
• Other efforts: Right to education; formation of panchayati raj institutions; partial right to work under the employment guarantee programme; mid-day meal scheme.

Fundamental Duties of Citizens

• Added by the 42nd Amendment in 1976, it inserts a list of 10 Fundamental Duties.
• No enforcement mechanism in the Constitution.
• Examples: Abide by the Constitution; defend our country; promote harmony among all citizens; protect the environment.
• Enjoyment of rights is not dependent or conditional on fulfilling duties; inclusion does not change the status of Fundamental Rights.

Relationship Between Fundamental Rights and Directive Principles

• Complementary: Fundamental Rights restrain the government from certain actions; Directive Principles exhort the government to take positive steps.
• Fundamental Rights protect individuals; Directive Principles ensure the well-being of the entire society.
• Conflicts are possible when implementing Directive Principles clash with Fundamental Rights.
• Example: Zamindari abolition laws violated the right to property (original Fundamental Right); opposed as property infringement.
• The government amended the Constitution to prioritize Directive Principles, viewing societal needs > individual interests, which led to a long legal battle.
• Positions: Government rights can be abridged for Directive Principles (rights as a hindrance to welfare); Court-Fundamental Rights are sacred, cannot be limited even for Directive Principles.
• Right to Property context: The Original Constitution had a Fundamental Right to acquire/possess/maintain property, but allowable for public welfare; since 1950, many limiting laws.
• This is right central of debates; the 1973 Supreme Court decision: Right to property not part of basic structure, so Parliament can abridge via amendment.
• 44th Amendment (1978): Removed right to property from the Fundamental Rights list; converted to a simple legal right under Article 300A.
• Generated debate on amendments: Government-Parliament can amend any part; Court cannot violate Fundamental Rights.
• Settled by the Kesavananda Bharati case: Certain basic features of the Constitution are unchangeable by Parliament (detailed in Chapter 9: Constitution as a Living Document).

Conclusion

• Jotirao Phule (1827-1890): Early view rights include freedom/equality; the national movement sharpened to constitutional rights.
• Since 1950, the judiciary has protected/expanded rights (e.g., Article 21 scope).
• Government/administration functions within a framework; rights are limited for democratic governance.