Revision Notes: Rights in the Indian Constitution | Political Science Class 11 - Humanities/Arts PDF Download

The Importance of Rights

• Rights ensure justice and protection for citizens in a democratic society.
• Example 1: Construction workers (1982 Asian Games)
  - Poor working conditions and wages below the minimum standard.
  - The Supreme Court intervened, ensuring workers received proper wages and improved conditions.
• Example 2: Machal Lalung (Assam)
  - Arrested at age 23, he remained in custody for 54 years without trial.
  - This case highlights the necessity of a fair and speedy trial as a fundamental right.
• Rights are meaningful only when enforced; they protect individuals from violations by both the government and private entities.

Bill of Rights

• The Constitution explicitly lists the rights of citizens.
• It prevents the government from violating these rights.
• It provides remedies if any rights are violated.
• It protects individuals from violations by other citizens, private organisations, and government bodies.

Fundamental Rights in the Constitution

• Fundamental Rights are protected by the Constitution and cannot be violated by the government.
• Any change to Fundamental Rights requires a constitutional amendment.
• These rights are enforced by the judiciary through courts.
• Example: South African Constitution (1996)
  - Rights include dignity, privacy, fair labour practices, housing, healthcare, education, cultural rights, and access to information.
  - The Special Constitutional Court enforces these rights.

Right to Equality

• Equality before the law and equal protection of the law.
• Prohibition of discrimination based on religion, caste, race, sex, or place of birth.
• Equal access to public places and equal opportunity.
• Abolition of untouchability and titles.
• Equality of opportunity in public employment.
• Examples of discrimination:
  - Caste: Dalit served tea in an earthen cup while a friend received a mug.
  - Gender: Women newsreaders above 45 were barred, while men were allowed.
• Special provisions (reservations) ensure equality of opportunity (Article 16(4)).

Right to Freedom

• Freedom of speech and expression, peaceful assembly, association, movement, residence, and profession/trade/business.
• Right to life and personal liberty, including human dignity, shelter, and livelihood.
• Protection against conviction without due process of law.
• Protection against arbitrary arrest and detention.
• Right to education.
• Preventive Detention:
  - The government can detain a person for up to three months if deemed a threat to law and order.
  - An advisory board reviews the detention after this period.
  - This provision is often misused, creating tension between preventive detention and the right to personal liberty.

Right against Exploitation

• Prohibition of forced labour and human trafficking.
• Prohibition of the employment of children below 14 years in hazardous jobs.
• Protection of vulnerable populations; aligns with the Right to Education.

Right to Freedom of Religion

• Freedom to choose, practise, and propagate any religion.
• Freedom of conscience, including the right to choose no religion.
• Equal treatment of all religions; principle of secularism.
• Restrictions allowed for reasons of public order, morality, health, and social reforms (e.g., banning sati and human sacrifice).
• Propagation of religion is allowed; forcible conversion is prohibited.
• Tensions may arise between religious groups and the government over these rights.

Cultural and Educational Rights

• Protection of minority languages, cultures, and educational institutions.
• Minorities have the right to preserve and develop their culture through their own institutions.
• The State cannot discriminate against minority-run educational institutions.

Right to Constitutional Remedies

• Citizens can approach courts to enforce their Fundamental Rights.
• Writs:
  1. Habeas corpus: to produce or release an arrested person.
  2. Mandamus: to enforce a legal duty.
  3. Prohibition: to stop a lower court from exceeding its jurisdiction.
  4. Quo warranto: to question the authority of a person holding a public office.
  5. Certiorari: to transfer a matter to a higher court.
  6. Protection is also provided through commissions such as NHRC, PUCL, PUDR, and National Commissions for Women, Minorities, and Scheduled Castes.

National Human Rights Commission (NHRC)

• Composition: Former Chief Justice of India, former Supreme Court judge, former Chief Justice of a High Court, and two members with human rights experience.
• Functions: Conducts inquiries, jail inspections, research, and investigates complaints related to custodial deaths, police excesses, women’s rights violations, and missing persons.
• The NHRC can recommend actions, but does not have prosecutorial powers.

Directive Principles of State Policy

• Provide moral guidance for government policies; they are non-justiciable (cannot be enforced by courts).
• Goals: Welfare of the people, social, economic, and political justice, improvement of living standards, and promotion of peace.
• Policies: Uniform Civil Code, prohibition of alcohol, promotion of cottage industries, strengthening Panchayati Raj institutions, and protection of cattle.
• Non-justiciable rights: Right to livelihood, equal pay for equal work, right to work, and early childhood care.
• The government has implemented these principles through measures such as zamindari abolition, nationalisation of banks, factory laws, minimum wages, promotion of small-scale industries, reservation policies, the Right to Education, mid-day meal schemes, and Panchayati Raj institutions.
• Sometimes, conflicts arise between Directive Principles and Fundamental Rights (e.g., Right to Property).

Fundamental Duties of Citizens

• Introduced by the 42nd Amendment (1976), it includes 10 fundamental duties.
• Duties include promoting harmony, protecting the environment, and abiding by the Constitution.
• The enjoyment of rights is not conditional on performing these duties.

Relationship between Fundamental Rights and Directive Principles

• They are complementary: Fundamental Rights protect individuals, while Directive Principles guide the government to promote social welfare.
• Conflicts are resolved by balancing individual rights with societal needs.
• Example: The Right to Property debate and the Kesavananda Bharati case illustrate this balance.

Conclusion

• Rights encompass freedom and equality.
• Judicial interpretations have expanded the scope of rights over time.
• Rights limit government powers and ensure democratic governance and justice.