Rights In The Indian Constitution Class 11 Notes Political Science Chapter 2 - CBSE

Chapter : 2

What Are Rights In The Indian Constitution ?

Bill Of 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’.

Fundamental Rights In The Indian Constitution

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. These includes:

Fundamental Rights

  • Right to equality
  • Right to freedom
  • Right against exploitation
  • Right to freedom of religion
  • Cultural and educational rights
  • Right to constitutional remedies

Right To Equality

  • There cannot be any discrimination in this access on the grounds only of religion, race, caste, sex, or place of birth.
  • It provides for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of worship.
  • It also prohibits any discrimination in public employment.
  • The same right also provides that the state shall confer no title on a person except those who excel themselves in military or academic field.

Right To Freedom

Liberty means freedom of thought, expression and action. Therefore, freedoms are defined in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law-and-order situation.

Right to life and personal liberty

Under this right no citizen can be denied his or her life except by procedure as laid down under the law. Similarly no one can be denied his/her personal liberty. That means no one can be arrested without being told the grounds for such an arrest. If arrested, the person has the right to defend himself by a lawyer of his choice. Also, it is mandatory for the police to take that person to the nearest magistrate within 24 hours. The magistrate, who is not part of the police, will decide whether the arrest is justified or not.

Preventive Detention

Ordinarily, a person would be arrested after he or she has reportedly committed some offence, but in case a person is arrested simply out of an apprehension that he or she is likely to engage in unlawful activity and imprisoned for some time without following the procedure. This is known as preventive detention. It means that if the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that person. This preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review.

Right Against Exploitation

  • This right focuses on exploitation such as begar or forced labour without payment or another closely related form of exploitation such as buying and selling of human beings and using them as slaves. Both of these are
    prohibited under the Constitution.
  • The Constitution also forbids employment of children below the age of 14 years in dangerous jobs like factories and mines.

Right To Freedom Of Religion

Everyone enjoys the right to follow the religion of his or her choice.

Freedom of faith and worship

In India, everyone is free to choose a religion and practice that religion. Freedom of religion also includes the freedom of conscience. This means that a person may choose any religion or may choose not to follow any religion. Freedom of religion includes the freedom to profess, follow and propagate any religion.

Equality of all religions

Government will not favour any particular religion. India does not have any official religion. We don’t have to belong to any particular religion in order to be a Prime Minister or President or Judge or any other public official, there is a guarantee that government will not discriminate on the basis of religion in giving employment. The institutions run by the State will not preach any religion or give religious education nor will they favour persons of any religion.

Cultural And Educational Rights

All minorities, religious or linguistic, can set up their own educational institutions. By doing so, they can preserve and develop their own culture. The government will not, while granting aid to educational institutions, discriminate against any educational institution on the basis that it is under the management of minority community.

Right To Constitutional Remedies

If a person feels that his/her Fundamental Rights have been violated by other person, institute or even government, they have right to move to the court.

Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’.

The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights. The courts can issue various special orders known as writs.

  • Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
  • Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
  • Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has
    considered a case going beyond its jurisdiction.
  • Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it
    issues the writ of quo warranto and restricts that person from acting as an office holder.
  • Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

Directive Principles Of State Policy

What do the Directive Principles contain?

  • The goals and objectives that we as a society should adopt.
  • Certain rights that individuals should enjoy apart from the Fundamental Rights.
  • Certain policies that the government should adopt.

Goals

  • Welfare of the people; Social, economic and political justice.
  • Raising the standard of living; equitable distribution of resources.
  • Promotion of international peace.

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 to children below the age of six years.

Policies

  •  Uniform civil code.
  • Prohibition of consumption of alcoholic liquor.
  • Promotion of cottage industries.
  • Prevention of slaughter of useful cattle.
  • Promotion of village panchayats.