NCERT Summary: Rights in the Indian Constitution-1 | Political Science Class 11 - Humanities/Arts PDF Download

The Importance of Rights

• Rights are crucial in a democracy to protect individuals from exploitation and ensure the government recognizes and implements them effectively.

• Example 1: Asian Games Construction Workers (1982) – Contractors employed poor migrant workers in harsh conditions and paid below minimum wages; social scientists petitioned the Supreme Court, arguing it violated the Fundamental Right against exploitation (begar or forced labor); the Court agreed and ordered payment of prescribed wages to thousands of workers.
• Example 2: Machal Lalung Case (1960s–2000) – Arrested at 23 in Assam for grievous injury, was mentally unfit for trial and sent to a mental hospital; despite fitness certifications in 1967 and 1996, remained in custody for 54 years without a hearing; released at 77 after NHRC intervention, highlighting violation of the right to life and liberty, which includes fair and speedy trials.
• These cases show that without practical enforcement, constitutional rights fail, wasting lives and denying justice.
• In the workers' case, the court challenge succeeded due to constitutional guarantees; in Machal's, neglect prevailed until external intervention.

Bill of Rights

• In a democracy, governments must guarantee certain individual rights and always recognize them.
• Common practice in most democratic countries: List citizen rights directly in the constitution for protection.
• Such a list—mentioned and safeguarded by the constitution—is called the "Bill of Rights".
• A Bill of Rights prohibits the government from infringing on individual rights and provides remedies for violations.
• Protection scope: The Constitution safeguards individual rights from threats by:
  Other persons or private organisations (the government must intervene and protect).
  Government organs (legislature, executive, bureaucracy, and even judiciary) may violate rights during operations.

Fundamental Rights in the Indian Constitution

• During the freedom struggle, leaders realized the importance of rights and demanded that British rulers respect people's rights.
• Motilal Nehru Committee demanded a Bill of Rights as early as 1928.
• Post-independence, when preparing the Constitution, unanimous agreement on including and protecting rights; listed specially protected ones as "fundamental rights".
• "Fundamental" indicates extreme importance: The Constitution separately lists them with special protection provisions.
• The Constitution ensures the government cannot violate them.
• Differences from ordinary rights:
  1. Ordinary legal rights: Protected/enforced by ordinary law; the legislature can change them via normal law-making.
  2. Fundamental Rights: Protected/guaranteed by the Constitution; changeable only by constitutional amendment.
  3. No government organ (executive, legislature, judiciary) can violate them.

• Judiciary's role: Powers/responsibility to protect FRs from government violations; declares executive/legislative actions illegal if they breach FRs or impose unreasonable restrictions.
• FRs not absolute/unlimited: Government can impose reasonable restrictions on their exercise.

Bill of Rights in the South African Constitution:

• Inaugurated in December 1996, amid a civil war threat post-Apartheid dissolution.
• Bill is described as "the cornerstone of democracy" in South Africa.
• Forbids discrimination on: Race, gender, pregnancy, marital status, ethnic/social origin, colour, age, disability, religion, conscience, belief, culture, language, birth.
• Grants most extensive citizen rights; enforced by a special Constitutional Court.
• Rights in South Africa include: 
  1. Right to Dignity
  2. Privacy
  3. Fair Labour Practices
  4. Healthy Environment/Protection
  5. Adequate Housing, 
  6. Others: Health Care/Food/Water/Social Security, Children's Rights, Basic/Higher Education, Cultural/Religious/Linguistic Communities, Information.

Right to Equality

• Essential to eliminate discrimination; ensures equal access to public places (shops, hotels, entertainment, wells, ghats, worship) without bias on religion, race, caste, sex, or birthplace.
• Prohibits employment discrimination on the above grounds; provides equal opportunity in public jobs.
• Abolishes untouchability (crudest inequality manifestation); no titles except military/academic excellence.
• Scenarios: Shopkeeper serves Dalit friend tea in an earthen cup, upper-caste in a mug—caste violation; women newsreaders over 45 dismissed, men not—gender violation; both unjustified.

• Preamble: Equality of status and opportunity; reservations for children, women, backward classes improve conditions without violating equality (Article 16(4)).
• You Are the Judge: Odisha Dalit case—women beaten/paraded for refusing caste customs (washing feet, clearing leftovers); violates equality, dignity (Article 21), exploitation (Article 23); order government: Prosecute, compensate, educate/enforce laws.

Right to Freedom

• Paired with equality as democracy's pillars, liberty means thought/expression/action freedom, but not unlimited to avoid harming others or order.
• Defined to balance individual freedoms with societal peace.

Right to Life and Personal Liberty

• Article 21: No denial except by law procedure; includes human dignity, free from exploitation; expanded by SC to shelter, livelihood (essential for living).
• Arrest: Must inform grounds, allow lawyer, produce before a magistrate within 24 hours for justification.

Preventive Detention

• Arrest without offense if apprehended for unlawful activity threat; for law/order/security; max 3 months, then advisory board review.
• Effective against anti-socials but misused; tension with Article 21—needs more safeguards.

Other Freedoms

• Article 19: Speech/expression (restricted for order, peace, morality); peaceful assembly without arms (restrictions in areas); form associations/unions; free movement/residence; profession/occupation/trade/business.
• Restrictions misuse risk (e.g., denying protests); Constituent Assembly dissatisfaction noted; citizen vigilance prevents abuse.

Rights of Accused

• Article 20: No double punishment for the same offense; no retroactive criminal laws; no self-incrimination.
• Ensures fair trial opportunity; presumption of innocence until court guilty.

Right against Exploitation

• In India, millions of underprivileged and deprived people face potential exploitation by other human beings.
• One major historical form: Begar or forced labour without payment.
• Closely related: Buying and selling of human beings and using them as slaves.
• Both forms are explicitly prohibited under the Constitution.
• Past context: Forced labor imposed by landlords, moneylenders, and other wealthy persons.
• Present issue: Some bonded labour persists, especially in brick kiln work, now declared a crime and punishable.
• Additional prohibition: Employment of children below 14 years in dangerous jobs like factories and mines.
• Enhanced significance: With child labour made illegal and the right to education as a Fundamental Right for children, this right against exploitation has become more meaningful.

For continuation of the NCERT Summary, open NCERT Summary: Rights in the Indian Constitution-2