Humanities/Arts Exam > Humanities/Arts Notes > Political Science Class 11 > Revision Notes: Rights in the Indian Constitution
Revision Notes: Rights in the Indian Constitution | Political Science Class 11 - Humanities/Arts PDF Download
- 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.
- Rights are the favourable conditions and guarantees to be provided by a state to its citizens to live up a dignified life.
- A democracy must ensure that individuals have certain rights and that the government will always recognise these rights.
- These rights can be categorised as Social Rights, Political Rights and Fundamental Rights to procure equality, liberty and social justice into society.
- Fundamental Rights are specially protected to ensure that they are not violated even by the government. Because these are protected by the constitution of the country.
- There are 6 Fundamental Rights guaranteed by Indian Constitution to its citizens:
- Right to Equality
- Right to Freedom
- Right to Freedom of Religion
- Right against Exploitation
- Cultural and Educational Rights
- Right to Constitutional Remedies
- Right to equality tries to do away with such and other discriminations.it provides for equal access to public places like shops,hotels,places of entertainment,wells,bathing ghats and places of worship.There cannot be any discrimination.
- Preventive detention looks like an effective tool in the hands of the government to deal with anti-social elements or subversives.
- Fundamental Rights except the Right to Life and personal liberty may be suspended only during the emergencies like foreign attacks or internal disturbances.
- South African Constitution grants most extensive range of rights to its citizens including even right to dignity, privacy, fair labour practices, healthy environment, adequate housing, information, etc.
- Indian Constitution contains Directive Principles of State Policy also to establish a welfare state alongwith the Fundamental Rights.
- The judiciary has the power to enforce the Fundamental Rights but the Directive Principles of State are not enforceable by law. Fundamental Rights mainly protect the rights of individuals while directive principles ensure the well-being of the entire society.
- In 1978, the 44th amendment to the constitution removed the right to property from the list of Fundamental rights and converted it into a simple legal right under article 300 A.
- By the 42nd amendment, in 1976, the Fundamental Duties have also been inserted which are ten in numbers to defend our country, promote harmony and protect the environment.
- The inclusion of fundamental duties has not changed the status of our fundamental rights.
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FAQs on Revision Notes: Rights in the Indian Constitution - Political Science Class 11 - Humanities/Arts
| 1. What are fundamental rights in the Indian Constitution? |  |
Ans. Fundamental rights in the Indian Constitution are the basic rights guaranteed to every citizen of India. These rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
| 2. Can fundamental rights be restricted or suspended in India? | |
Ans. Yes, fundamental rights can be restricted or suspended in certain situations. The Indian Constitution allows for the imposition of reasonable restrictions on these rights in the interest of public order, morality, health, or the sovereignty and integrity of India. However, such restrictions must be within the limits prescribed by the Constitution.
| 3. How can a violation of fundamental rights be challenged in India? | |
Ans. A violation of fundamental rights in India can be challenged by filing a writ petition in the appropriate High Court or the Supreme Court. The Constitution provides for five types of writs - habeas corpus, mandamus, prohibition, certiorari, and quo warranto - which can be used to seek legal remedies for the violation of fundamental rights.
| 4. Are fundamental rights absolute in India? | |
Ans. No, fundamental rights in India are not absolute. While they are guaranteed and protected by the Constitution, reasonable restrictions can be imposed on these rights in the interest of public welfare. The Constitution strikes a balance between individual rights and the collective good, ensuring that fundamental rights are not absolute and can be limited in certain circumstances.
| 5. Are non-citizens entitled to fundamental rights in India? | |
Ans. The Indian Constitution guarantees fundamental rights to all individuals, regardless of their citizenship status. These rights are available to both citizens and non-citizens residing in India. However, some specific rights, such as the right to vote, are reserved only for Indian citizens.
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