NCERT Textbook - Rights in the Indian Constitution Humanities/Arts Notes | EduRev

Political Science Class 11

Created by: Uk Tiwary

Humanities/Arts : NCERT Textbook - Rights in the Indian Constitution Humanities/Arts Notes | EduRev

 Page 1


26
Indian Constitution at Work
Chapter Two
RIGHTS IN THE INDIAN
CONSTITUTION
INTRODUCTION
A constitution is not only about the composition of the various organs of
government and the relations among them. As we studied in the last chapter,
the constitution is a document that sets limits on the powers of the government
and ensures a democratic system in which all persons enjoy certain rights. In this
chapter, we shall study the Fundamental Rights contained in the Indian
Constitution.  Part three of the Constitution of India lists the Fundamental
Rights and also mentions the limits on these rights. In the past fifty years, the
scope of rights has changed and in some respects, expanded. After studying this
chapter, you would know
± what are the various Fundamental Rights listed in the Constitution of India;
± how these rights are protected;
± what role the judiciary has played in protecting and interpreting these rights;
and
± what is the difference between the Fundamental Rights and the Directive
Principles of State Policy.
2015-16(20/01/2015)
Page 2


26
Indian Constitution at Work
Chapter Two
RIGHTS IN THE INDIAN
CONSTITUTION
INTRODUCTION
A constitution is not only about the composition of the various organs of
government and the relations among them. As we studied in the last chapter,
the constitution is a document that sets limits on the powers of the government
and ensures a democratic system in which all persons enjoy certain rights. In this
chapter, we shall study the Fundamental Rights contained in the Indian
Constitution.  Part three of the Constitution of India lists the Fundamental
Rights and also mentions the limits on these rights. In the past fifty years, the
scope of rights has changed and in some respects, expanded. After studying this
chapter, you would know
± what are the various Fundamental Rights listed in the Constitution of India;
± how these rights are protected;
± what role the judiciary has played in protecting and interpreting these rights;
and
± what is the difference between the Fundamental Rights and the Directive
Principles of State Policy.
2015-16(20/01/2015)
27
Chapter 2: Rights in the Indian Constitution
THE IMPORTANCE OF RIGHTS
In 1982 during the construction work for Asian Games the
government engaged a few contractors. These contractors employed
a large number of very poor construction workers from different
parts of the country to build the flyovers and stadiums. These workers
were kept in poor working conditions and were paid less than the
minimum wages decided by the government.
A team of social scientists studied their poor condition and
petitioned the Supreme Court. They argued that employing a person
to work for less than the minimum prescribed wage amounts to
begar or forced labour, which is a violation of the Fundamental Right
against exploitation. The court accepted this plea and directed the
government to ensure that thousands of workers get the prescribed
wages for their work.
Machal Lalung was 23 when he was arrested. A resident of
Chuburi village of Morigaon district of Assam, Machal was charged
of causing grievous injuries. He was found mentally too unstable to
stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi
Mental Hospital in Tejpur for treatment.
Machal was treated successfully and doctors wrote twice to jail
authorities in 1967 and 1996 that he was fit to stand  trial. But no
one paid any attention. Machal Lalung remained in “judicial custody.’’
Machal Lalung was released in July 2005. He was 77 then. He
spent 54 years under custody during which his case never came up
for hearing. He was freed when a team appointed by the National
Human Rights Commission intervened after an inspection of
undertrials in the State.
Machal’s entire life was wasted because a proper trial
against him never took place. Our Constitution gives every
citizen the right to ‘life and liberty’: this means that every
citizen must also have the right to fair and speedy trial.
Machal’s case shows what happens when rights granted
by the Constitution are not available in practice.
What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich
and powerful man? What and powerful man? What and powerful man? What and powerful man? What and powerful man? What
if those working with the if those working with the if those working with the if those working with the if those working with the
construction contractor construction contractor construction contractor construction contractor construction contractor
were engineers? Would were engineers? Would were engineers? Would were engineers? Would were engineers? Would
their rights have been their rights have been their rights have been their rights have been their rights have been
violated? violated? violated? violated? violated?
2015-16(20/01/2015)
Page 3


26
Indian Constitution at Work
Chapter Two
RIGHTS IN THE INDIAN
CONSTITUTION
INTRODUCTION
A constitution is not only about the composition of the various organs of
government and the relations among them. As we studied in the last chapter,
the constitution is a document that sets limits on the powers of the government
and ensures a democratic system in which all persons enjoy certain rights. In this
chapter, we shall study the Fundamental Rights contained in the Indian
Constitution.  Part three of the Constitution of India lists the Fundamental
Rights and also mentions the limits on these rights. In the past fifty years, the
scope of rights has changed and in some respects, expanded. After studying this
chapter, you would know
± what are the various Fundamental Rights listed in the Constitution of India;
± how these rights are protected;
± what role the judiciary has played in protecting and interpreting these rights;
and
± what is the difference between the Fundamental Rights and the Directive
Principles of State Policy.
2015-16(20/01/2015)
27
Chapter 2: Rights in the Indian Constitution
THE IMPORTANCE OF RIGHTS
In 1982 during the construction work for Asian Games the
government engaged a few contractors. These contractors employed
a large number of very poor construction workers from different
parts of the country to build the flyovers and stadiums. These workers
were kept in poor working conditions and were paid less than the
minimum wages decided by the government.
A team of social scientists studied their poor condition and
petitioned the Supreme Court. They argued that employing a person
to work for less than the minimum prescribed wage amounts to
begar or forced labour, which is a violation of the Fundamental Right
against exploitation. The court accepted this plea and directed the
government to ensure that thousands of workers get the prescribed
wages for their work.
Machal Lalung was 23 when he was arrested. A resident of
Chuburi village of Morigaon district of Assam, Machal was charged
of causing grievous injuries. He was found mentally too unstable to
stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi
Mental Hospital in Tejpur for treatment.
Machal was treated successfully and doctors wrote twice to jail
authorities in 1967 and 1996 that he was fit to stand  trial. But no
one paid any attention. Machal Lalung remained in “judicial custody.’’
Machal Lalung was released in July 2005. He was 77 then. He
spent 54 years under custody during which his case never came up
for hearing. He was freed when a team appointed by the National
Human Rights Commission intervened after an inspection of
undertrials in the State.
Machal’s entire life was wasted because a proper trial
against him never took place. Our Constitution gives every
citizen the right to ‘life and liberty’: this means that every
citizen must also have the right to fair and speedy trial.
Machal’s case shows what happens when rights granted
by the Constitution are not available in practice.
What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich
and powerful man? What and powerful man? What and powerful man? What and powerful man? What and powerful man? What
if those working with the if those working with the if those working with the if those working with the if those working with the
construction contractor construction contractor construction contractor construction contractor construction contractor
were engineers? Would were engineers? Would were engineers? Would were engineers? Would were engineers? Would
their rights have been their rights have been their rights have been their rights have been their rights have been
violated? violated? violated? violated? violated?
2015-16(20/01/2015)
28
Indian Constitution at Work
In the case of the first instance also there was violation
of rights provided in the Constitution. But it was
challenged in the court. As a result, workers could get
what was due to them in the form of their rightful wages.
The constitutional guarantee of the right against
exploitation ensured justice to these workers.
Bill of Rights
Both these examples show the importance of having rights
and of the actual implementation of these rights. A
democracy must ensure that individuals have certain
rights and that the government will always recognise these
rights. Therefore it is often a practice in most democratic
countries to list the rights of the citizens in the constitution
itself. Such a list of rights mentioned and protected by
the constitution is called the ‘bill of rights’. A bill of rights
prohibits government from thus acting against the rights
of the individuals and ensures a remedy in case there is
violation of these rights.
From whom does a constitution protect the rights of
the individual? The rights of a person may be threatened
by another person or private organisation. In such a
situation, the individual would need the protection of the
government. So, it is necessary that the government is
bound to protect the rights of the individual. On the other
hand, the organs of the government (the legislature,
executive, bureaucracy or even the judiciary), in the course
of their functioning, may violate the rights of the person.
FUNDAMENTAL RIGHTS IN THE INDIAN
CONSTITUTION
During our freedom struggle, the leaders of the freedom
movement had realised the importance of rights and
demanded that the British rulers should respect rights of
the people. The Motilal Nehru committee had demanded
a bill of rights as far back as in 1928. It was therefore,
natural that when India became independent and the
Constitution was being prepared, there were no
I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights
is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card
that we get when we that we get when we that we get when we that we get when we that we get when we
purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan.
Isn’t it? Isn’t it? Isn’t it? Isn’t it? Isn’t it?
2015-16(20/01/2015)
Page 4


26
Indian Constitution at Work
Chapter Two
RIGHTS IN THE INDIAN
CONSTITUTION
INTRODUCTION
A constitution is not only about the composition of the various organs of
government and the relations among them. As we studied in the last chapter,
the constitution is a document that sets limits on the powers of the government
and ensures a democratic system in which all persons enjoy certain rights. In this
chapter, we shall study the Fundamental Rights contained in the Indian
Constitution.  Part three of the Constitution of India lists the Fundamental
Rights and also mentions the limits on these rights. In the past fifty years, the
scope of rights has changed and in some respects, expanded. After studying this
chapter, you would know
± what are the various Fundamental Rights listed in the Constitution of India;
± how these rights are protected;
± what role the judiciary has played in protecting and interpreting these rights;
and
± what is the difference between the Fundamental Rights and the Directive
Principles of State Policy.
2015-16(20/01/2015)
27
Chapter 2: Rights in the Indian Constitution
THE IMPORTANCE OF RIGHTS
In 1982 during the construction work for Asian Games the
government engaged a few contractors. These contractors employed
a large number of very poor construction workers from different
parts of the country to build the flyovers and stadiums. These workers
were kept in poor working conditions and were paid less than the
minimum wages decided by the government.
A team of social scientists studied their poor condition and
petitioned the Supreme Court. They argued that employing a person
to work for less than the minimum prescribed wage amounts to
begar or forced labour, which is a violation of the Fundamental Right
against exploitation. The court accepted this plea and directed the
government to ensure that thousands of workers get the prescribed
wages for their work.
Machal Lalung was 23 when he was arrested. A resident of
Chuburi village of Morigaon district of Assam, Machal was charged
of causing grievous injuries. He was found mentally too unstable to
stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi
Mental Hospital in Tejpur for treatment.
Machal was treated successfully and doctors wrote twice to jail
authorities in 1967 and 1996 that he was fit to stand  trial. But no
one paid any attention. Machal Lalung remained in “judicial custody.’’
Machal Lalung was released in July 2005. He was 77 then. He
spent 54 years under custody during which his case never came up
for hearing. He was freed when a team appointed by the National
Human Rights Commission intervened after an inspection of
undertrials in the State.
Machal’s entire life was wasted because a proper trial
against him never took place. Our Constitution gives every
citizen the right to ‘life and liberty’: this means that every
citizen must also have the right to fair and speedy trial.
Machal’s case shows what happens when rights granted
by the Constitution are not available in practice.
What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich
and powerful man? What and powerful man? What and powerful man? What and powerful man? What and powerful man? What
if those working with the if those working with the if those working with the if those working with the if those working with the
construction contractor construction contractor construction contractor construction contractor construction contractor
were engineers? Would were engineers? Would were engineers? Would were engineers? Would were engineers? Would
their rights have been their rights have been their rights have been their rights have been their rights have been
violated? violated? violated? violated? violated?
2015-16(20/01/2015)
28
Indian Constitution at Work
In the case of the first instance also there was violation
of rights provided in the Constitution. But it was
challenged in the court. As a result, workers could get
what was due to them in the form of their rightful wages.
The constitutional guarantee of the right against
exploitation ensured justice to these workers.
Bill of Rights
Both these examples show the importance of having rights
and of the actual implementation of these rights. A
democracy must ensure that individuals have certain
rights and that the government will always recognise these
rights. Therefore it is often a practice in most democratic
countries to list the rights of the citizens in the constitution
itself. Such a list of rights mentioned and protected by
the constitution is called the ‘bill of rights’. A bill of rights
prohibits government from thus acting against the rights
of the individuals and ensures a remedy in case there is
violation of these rights.
From whom does a constitution protect the rights of
the individual? The rights of a person may be threatened
by another person or private organisation. In such a
situation, the individual would need the protection of the
government. So, it is necessary that the government is
bound to protect the rights of the individual. On the other
hand, the organs of the government (the legislature,
executive, bureaucracy or even the judiciary), in the course
of their functioning, may violate the rights of the person.
FUNDAMENTAL RIGHTS IN THE INDIAN
CONSTITUTION
During our freedom struggle, the leaders of the freedom
movement had realised the importance of rights and
demanded that the British rulers should respect rights of
the people. The Motilal Nehru committee had demanded
a bill of rights as far back as in 1928. It was therefore,
natural that when India became independent and the
Constitution was being prepared, there were no
I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights
is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card
that we get when we that we get when we that we get when we that we get when we that we get when we
purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan.
Isn’t it? Isn’t it? Isn’t it? Isn’t it? Isn’t it?
2015-16(20/01/2015)
29
Chapter 2: Rights in the Indian Constitution
Bill of rights in the South African
Constitution
The South African Constitution was
inaugurated in December 1996. Its
creation and promulgation took
place at a time when South Africa
still faced the threat of a civil war
after the dissolution of the Apartheid
government. The South African
Constitution says that its “Bill of
Rights is a cornerstone of democracy
in South Africa”. It forbids
discrimination on the grounds of
“race, gender, pregnancy, marital
status, ethnic or social origin,
colour, age, disability, religion,
conscience, belief, culture, language
and birth”. It grants perhaps the
most extensive range of rights to the
citizens. A special constitutional
court enforces the rights enshrined
in the constitution.
Some of the Rights included in
the constitution of South Africa
include:
± Right to Dignity
± Right to Privacy
± Right to fair labour practices
± Right to healthy environment
and right to protection of
environment
± Right to adequate housing
± Right to health care, food, water
and social security
± Children’s rights
± Right to basic and higher
education
± Right of cultural, religious and
linguistic communities
± Right to information
two opinions on the inclusion
and protection of rights in the
Constitution. The Constitution
listed the rights that would be
specially protected and called
them ‘fundamental rights’.
The word fundamental
suggests that these rights are so
important that the Constitution
has separately listed them and
made special provisions for their
protection. The Fundamental
Rights are so important that the
Constitution itself ensures that
they are not violated by the
government.
Fundamental Rights are
different from other rights
available to us. While ordinary
legal rights are protected and
enforced by ordinary law,
Fundamental Rights are
protected and guaranteed by
the constitution of the country.
Ordinary rights may be changed
by the legislature by ordinary
process of law making, but a
fundamental right may only be
changed by amending the
Constitution itself. Besides this,
no organ of the government can
act in a manner that violates
them. As we shall study below
in this chapter, judiciary has the
powers and responsibility to
protect the fundamental rights
from violations by actions of the
2015-16(20/01/2015)
Page 5


26
Indian Constitution at Work
Chapter Two
RIGHTS IN THE INDIAN
CONSTITUTION
INTRODUCTION
A constitution is not only about the composition of the various organs of
government and the relations among them. As we studied in the last chapter,
the constitution is a document that sets limits on the powers of the government
and ensures a democratic system in which all persons enjoy certain rights. In this
chapter, we shall study the Fundamental Rights contained in the Indian
Constitution.  Part three of the Constitution of India lists the Fundamental
Rights and also mentions the limits on these rights. In the past fifty years, the
scope of rights has changed and in some respects, expanded. After studying this
chapter, you would know
± what are the various Fundamental Rights listed in the Constitution of India;
± how these rights are protected;
± what role the judiciary has played in protecting and interpreting these rights;
and
± what is the difference between the Fundamental Rights and the Directive
Principles of State Policy.
2015-16(20/01/2015)
27
Chapter 2: Rights in the Indian Constitution
THE IMPORTANCE OF RIGHTS
In 1982 during the construction work for Asian Games the
government engaged a few contractors. These contractors employed
a large number of very poor construction workers from different
parts of the country to build the flyovers and stadiums. These workers
were kept in poor working conditions and were paid less than the
minimum wages decided by the government.
A team of social scientists studied their poor condition and
petitioned the Supreme Court. They argued that employing a person
to work for less than the minimum prescribed wage amounts to
begar or forced labour, which is a violation of the Fundamental Right
against exploitation. The court accepted this plea and directed the
government to ensure that thousands of workers get the prescribed
wages for their work.
Machal Lalung was 23 when he was arrested. A resident of
Chuburi village of Morigaon district of Assam, Machal was charged
of causing grievous injuries. He was found mentally too unstable to
stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi
Mental Hospital in Tejpur for treatment.
Machal was treated successfully and doctors wrote twice to jail
authorities in 1967 and 1996 that he was fit to stand  trial. But no
one paid any attention. Machal Lalung remained in “judicial custody.’’
Machal Lalung was released in July 2005. He was 77 then. He
spent 54 years under custody during which his case never came up
for hearing. He was freed when a team appointed by the National
Human Rights Commission intervened after an inspection of
undertrials in the State.
Machal’s entire life was wasted because a proper trial
against him never took place. Our Constitution gives every
citizen the right to ‘life and liberty’: this means that every
citizen must also have the right to fair and speedy trial.
Machal’s case shows what happens when rights granted
by the Constitution are not available in practice.
What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich What if Machal was a rich
and powerful man? What and powerful man? What and powerful man? What and powerful man? What and powerful man? What
if those working with the if those working with the if those working with the if those working with the if those working with the
construction contractor construction contractor construction contractor construction contractor construction contractor
were engineers? Would were engineers? Would were engineers? Would were engineers? Would were engineers? Would
their rights have been their rights have been their rights have been their rights have been their rights have been
violated? violated? violated? violated? violated?
2015-16(20/01/2015)
28
Indian Constitution at Work
In the case of the first instance also there was violation
of rights provided in the Constitution. But it was
challenged in the court. As a result, workers could get
what was due to them in the form of their rightful wages.
The constitutional guarantee of the right against
exploitation ensured justice to these workers.
Bill of Rights
Both these examples show the importance of having rights
and of the actual implementation of these rights. A
democracy must ensure that individuals have certain
rights and that the government will always recognise these
rights. Therefore it is often a practice in most democratic
countries to list the rights of the citizens in the constitution
itself. Such a list of rights mentioned and protected by
the constitution is called the ‘bill of rights’. A bill of rights
prohibits government from thus acting against the rights
of the individuals and ensures a remedy in case there is
violation of these rights.
From whom does a constitution protect the rights of
the individual? The rights of a person may be threatened
by another person or private organisation. In such a
situation, the individual would need the protection of the
government. So, it is necessary that the government is
bound to protect the rights of the individual. On the other
hand, the organs of the government (the legislature,
executive, bureaucracy or even the judiciary), in the course
of their functioning, may violate the rights of the person.
FUNDAMENTAL RIGHTS IN THE INDIAN
CONSTITUTION
During our freedom struggle, the leaders of the freedom
movement had realised the importance of rights and
demanded that the British rulers should respect rights of
the people. The Motilal Nehru committee had demanded
a bill of rights as far back as in 1928. It was therefore,
natural that when India became independent and the
Constitution was being prepared, there were no
I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights I get it! The bill of rights
is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card is like a warrantee card
that we get when we that we get when we that we get when we that we get when we that we get when we
purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan. purchase a TV or a fan.
Isn’t it? Isn’t it? Isn’t it? Isn’t it? Isn’t it?
2015-16(20/01/2015)
29
Chapter 2: Rights in the Indian Constitution
Bill of rights in the South African
Constitution
The South African Constitution was
inaugurated in December 1996. Its
creation and promulgation took
place at a time when South Africa
still faced the threat of a civil war
after the dissolution of the Apartheid
government. The South African
Constitution says that its “Bill of
Rights is a cornerstone of democracy
in South Africa”. It forbids
discrimination on the grounds of
“race, gender, pregnancy, marital
status, ethnic or social origin,
colour, age, disability, religion,
conscience, belief, culture, language
and birth”. It grants perhaps the
most extensive range of rights to the
citizens. A special constitutional
court enforces the rights enshrined
in the constitution.
Some of the Rights included in
the constitution of South Africa
include:
± Right to Dignity
± Right to Privacy
± Right to fair labour practices
± Right to healthy environment
and right to protection of
environment
± Right to adequate housing
± Right to health care, food, water
and social security
± Children’s rights
± Right to basic and higher
education
± Right of cultural, religious and
linguistic communities
± Right to information
two opinions on the inclusion
and protection of rights in the
Constitution. The Constitution
listed the rights that would be
specially protected and called
them ‘fundamental rights’.
The word fundamental
suggests that these rights are so
important that the Constitution
has separately listed them and
made special provisions for their
protection. The Fundamental
Rights are so important that the
Constitution itself ensures that
they are not violated by the
government.
Fundamental Rights are
different from other rights
available to us. While ordinary
legal rights are protected and
enforced by ordinary law,
Fundamental Rights are
protected and guaranteed by
the constitution of the country.
Ordinary rights may be changed
by the legislature by ordinary
process of law making, but a
fundamental right may only be
changed by amending the
Constitution itself. Besides this,
no organ of the government can
act in a manner that violates
them. As we shall study below
in this chapter, judiciary has the
powers and responsibility to
protect the fundamental rights
from violations by actions of the
2015-16(20/01/2015)
30
Indian Constitution at Work
government. Executive as well as legislative actions can be declared
illegal by the judiciary if these violate the fundamental rights or
restrict them in an unreasonable manner. However, fundamental
rights are not absolute or unlimited rights. Government can put
reasonable restrictions on the exercise of our fundamental rights.
RIGHT TO EQUALITY
Consider the following two situations. These are imaginary situations.
But similar things do happen and can happen. Do you think they
involve violation of fundamental rights?
± Swadesh Kumar is visiting his village. He is accompanied by one of his
friends. They decided to have a cup of tea at the village roadside hotel. The
shopkeeper knew Swadesh Kumar but asked the name of his friend to know
his caste. After this the shopkeeper served tea to Swadesh Kumar in a nice
mug while his friend was given tea in an earthen cup because he was dalit.
± An order is served to four newsreaders of a television channel that they
would no longer read the news on screen. They are all women. The reason
given is that they are above the age of forty-five. Two male newsreaders
above the same age are not barred from presenting the news.
Check your progress
Compare the Fundamental Rights in the Indian Constitution
with the Bill of Rights in the South African Constitution. Make
a list of rights that are:
± Common to both the constitutions
± Available in South Africa but not in India
± Clearly granted in South Africa but implicit in the
Indian Constitution
2015-16(20/01/2015)
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