Chapter 2 Rights in the Indian Constitution – Class 11 Political Science Notes

 Bill Of Rights

A Bill of Rights in a democracy is a list of fundamental rights and freedoms that are recognized and protected by the government. It serves to shield these rights from infringements by both public officials and private entities. In democratic countries, these rights are typically enumerated in the constitution, ensuring that the government cannot act against individual rights and providing remedies for any violations. The Bill of Rights is essential for safeguarding the freedom and dignity of individuals against potential abuses by the government or other private parties.

Example: The South African Constitution, established in December 1996 following the end of Apartheid, provides a clear example of a Bill of Rights. It encompasses a wide range of rights including the right to dignity, privacy, fair labour practices, a healthy environment, adequate housing, healthcare, children’s rights, education, and rights of cultural, religious, and linguistic communities. A special constitutional court is designated to enforce these rights, illustrating the practical application and protection of a Bill of Rights in a democratic society.

Short Pointers:

• A Bill of Rights lists fundamental rights in a democracy.
• Protects rights from infringement by public and private entities.
• Typically part of the constitution in democratic countries.
• Prohibits government actions against individual rights.
• Offers remedies for rights violations.
• Example: South African Constitution, with extensive rights and a constitutional court for enforcement.

Fundamental Rights In The Indian Constitution

The Fundamental Rights in the Indian Constitution, a legacy of the country’s long freedom struggle, reflect the importance of rights in people’s lives as recognized by the leaders of the independence movement. These rights, distinct from ordinary legal rights, are enshrined in the Constitution, indicating their fundamental nature and the special provisions made for their protection. Unlike ordinary rights, which can be altered by legislative processes, Fundamental Rights require a constitutional amendment for any change. The Constitution not only lists these rights but also ensures their protection against violation by the government. The judiciary plays a crucial role in safeguarding these rights, with the power to declare any government action that infringes upon them as illegal. However, it is important to note that these rights are not absolute and can be subject to reasonable restrictions by the government in certain circumstances.

Short Pointers:

• Emerged from India’s freedom struggle.
• Leaders demanded rights during British rule, leading to the Nehru Report in 1928.
• Fundamental Rights are specially listed and protected in the Constitution.
• They are different from ordinary legal rights and require a constitutional amendment for change.
• Protected against violation by the government.
• Judiciary has the power to declare government actions that violate these rights as illegal.
• Not absolute, subject to reasonable government restrictions.

Right To Equality

The Right to Equality in the Indian Constitution is a fundamental right that prohibits discrimination based on religion, caste, race, sex, and place of birth. This right ensures equal access to public places such as shops, hotels, entertainment venues, wells, bathing ghats, and places of worship. It also bars discrimination in public employment on these grounds. The Right to Equality is crucial for fostering a sense of dignity and status among all citizens, addressing historical inequalities such as untouchability. The Preamble to the Constitution emphasises two aspects of equality: equality of status and equality of opportunity. To realise this, the government is permitted to implement special measures for disadvantaged groups, and as per Article 16(4) of the Constitution, policies like reservations in jobs are not considered a violation of the Right to Equality.

Example: Two hypothetical situations illustrate violations of the Right to Equality:

• Swadesh Kumar, visiting his village, is served tea in a nice mug at a roadside hotel, while his Dalit friend is given tea in an earthen cup due to his caste.

• Four female newsreaders above the age of forty-five are barred from presenting news on screen, while their male counterparts of the same age are not, showcasing gender-based discrimination.

Short Pointers:

• Prohibits discrimination based on religion, caste, race, sex, and place of birth.
• Ensures equal access to public places and non-discrimination in public employment.
• Addresses historical inequalities like untouchability.
• Preamble mentions equality of status and opportunity.
• Government can implement special measures for disadvantaged groups.
• Reservations in jobs and education, as per Article 16(4), are in line with Right to Equality.
• Hypothetical examples illustrate caste and gender-based discrimination.

3. Read the following situations. Which Fundamental Right is being used or violated in each case and how?
4. a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
5. b) A director makes a documentary film that criticises the policies of the government.
6. c) People displaced by a big dam take out a rally demanding rehabilitation.
7. d) Andhra society runs Telugu medium schools outside Andhra Pradesh.

Answer: (i) In the first situation, the Right to Equality of opportunity in employment is being violated. This right, part of our Fundamental Rights, ensures equal treatment in employment without discrimination. However, in this case, while overweight male cabin crew members are allowed promotions, their female colleagues are penalised for gaining weight. This is a clear case of gender discrimination in employment, which goes against the principle of equality of opportunity as enshrined in our Constitution.

(ii) The second situation utilises the Fundamental Right of freedom of speech and expression. A director making a documentary film that criticises the government’s policies is exercising this right. This freedom allows individuals to express their opinions and ideas without fear of government retaliation, as long as they do not violate other laws.

(iii) In the third scenario, the people displaced by a big dam are using their rights to freedom of expression and to assemble peacefully. They are rallying to demand rehabilitation, which is a peaceful method of expressing their needs and grievances to the government.

(iv) The fourth case highlights the cultural right to represent and protect one’s own language and culture. The Andhra society running Telugu medium schools outside Andhra Pradesh is an exercise of this right, allowing linguistic minorities to preserve and develop their culture through education.

Mindmap to remember this answer:

• Situation 1: Right to Equality; Keywords: gender discrimination, employment, promotion, penalties.
• Situation 2: Freedom of Speech and Expression; Keywords: documentary, criticise, government policies.
• Situation 3: Freedom of Expression and Assemble; Keywords: displaced people, dam, rally, rehabilitation.
• Situation 4: Cultural Rights; Keywords: Andhra society, Telugu schools, outside Andhra, preserve culture.

4. Which of the following is a correct interpretation of the Cultural and Educational Rights?
5. a) Only children belonging to the minority group that has opened educational institutions can study there.
6. b) Government schools must ensure that children of the minority group will be introduced to their beliefs and culture.
7. c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
8. d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.

Answer: The correct interpretation of the Cultural and Educational Rights among the options provided is option (c), which states that linguistic and religious minorities can open schools for their children and keep it reserved for them. This right is given to minorities under the Indian Constitution to help them preserve and promote their own culture and language through education. This provision ensures that minorities have the freedom to establish and administer educational institutions of their choice, thus safeguarding their rights to cultural and educational development.

Mindmap to remember this answer:

• Details:
  • Rights: Cultural and Educational
  • Beneficiaries: Linguistic and religious minorities
  • Action: Can open and reserve schools
  • Purpose: Preserve and promote culture and language

5. Which of the following is a violation of Fundamental Rights and why?
6. a) Not paying minimum wages
7. b) Banning of a book
8. c) Banning of loudspeakers after 9 pm.
9. d) Making a speech

Answer: Among the options provided, Not paying minimum wages (option a) is a violation of Fundamental Rights. This specific violation falls under the Right Against Exploitation, which includes prohibitions against forced labour, bonded labour, and the non-payment of minimum wages. Not paying the prescribed minimum wages to workers is not only a violation of their rights but also punishable by law. This ensures that workers are not exploited and are paid fairly for their labour, reflecting the values of dignity and fairness upheld by our Constitution.

Mindmap to remember this answer:

• Key Point: Not paying minimum wages
• Fundamental Right Violated: Right Against Exploitation
• Included Violations: Forced labour, bonded labour, non-payment of wages
• Legal Aspect: Punishable by law
• Purpose: Ensure fair pay and prevent worker exploitation

 What type of writ would be most appropriate if a person is held in detention without sufficient cause? 

Answer: (c) Habeas Corpus

• Which Fundamental Right includes the provision against discrimination on grounds of religion, race, caste, sex, or place of birth? 

Answer: (a) Right to Equality

• Under which circumstances can the government impose restrictions on the Right to Freedom? 

Answer: (a) To uphold national security

• Which Fundamental Right is involved in allowing minorities to set up their educational institutions to preserve their culture?

Answer: (c) Cultural and Educational Rights

• The Directive Principles of State Policy are characterised by which of the following features?

Answer: (b) They serve as guidelines to the government.

 What does the Bill of Rights in a democracy typically prohibit?

Answer: The Bill of Rights typically prohibits government actions against individual rights.

• Identify the body responsible for defending the rights of citizens against violations by the government or other entities.

Answer: The judiciary defends citizens’ rights against violations by the government.

• Explain the significance of the Fundamental Rights during India’s freedom struggle.

Answer: Fundamental Rights symbolised the leaders’ commitment to respect people’s rights during the freedom struggle.

• What are the implications of the Fundamental Rights being “fundamental”?

Answer: Being “fundamental” means these rights are essential and constitutionally protected.

 Describe the circumstances that led to Machal Lalung spending 54 years in custody.

Answer: Machal Lalung spent 54 years in custody due to negligence and oversight by judicial authorities. Despite being declared fit for trial, his case was overlooked, violating his rights to a fair and speedy trial under the Constitution.

Mindmap to remember this answer Machal Lalung, 54 years, judicial negligence, fit for trial, rights violation, fair and speedy trial.

• Define the term “Bill of Rights” as it is used in democratic nations.

Answer: In democratic nations, the “Bill of Rights” refers to a list of rights and freedoms guaranteed by the constitution, protecting individuals from government actions that infringe on these rights and providing remedies if they are violated.

Mindmap to remember this answer: Bill of Rights, democratic nations, constitution, individual protection, government infringement, remedies.

• What is the significance of the Fundamental Rights in the Indian Constitution as compared to ordinary legal rights?

Answer: The significance of the Fundamental Rights in the Indian Constitution lies in their supreme importance and protection by the Constitution, distinguishing them from ordinary legal rights which can be altered by regular legislative processes.

Mindmap to remember this answer: Fundamental Rights, Indian Constitution, supreme importance, Constitution protection, not ordinary rights.

 Assertion (A): The right to equality tries to eliminate discrimination and ensures equal access to public places regardless of religion, race, caste, sex, or place of birth.
Reason (R): This right is vital as historically certain groups were denied access to many public places and opportunities in India.
Answer: (a) Both A and R are true and R is the correct explanation of A.
The Reason correctly explains the Assertion as the right to equality, enshrined in Articles 14-18 of the Indian Constitution, aims to rectify historical injustices and discrimination by ensuring equality before the law and equal protection of the law without discrimination.

1. Assertion (A): Preventive detention allows for the arrest of individuals without a trial if they are perceived as threats to public safety and order.
   Reason (R): This measure ensures the security of the state and public safety by intervening before crimes are committed.
   Answer: (a) Both A and R are true and R is the correct explanation of A.
   Preventive detention as a concept is aimed at preventing potential threats to security and public order before they can actualize, thereby supporting the Reason’s claim as a correct explanation for the Assertion.
2. Assertion (A): The right to freedom of religion includes the freedom to practise, profess, and propagate any religion freely.
   Reason (R): The Constitution allows this to promote a pluralistic society where diverse religious practices coexist.
   Answer: (a) Both A and R are true and R is the correct explanation of A.
   This answer is valid as the freedom of religion in the Constitution (Articles 25-28) supports the existence of a pluralistic society, directly reflecting the Reason provided.

 Passage: “Ordinarily, a person would be arrested after he or she has reportedly committed some offence. However there are exceptions to this. Sometimes a person can be 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 above mentioned 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.”

Question: Preventive detention allows for the detention of a person:

(a) Only after the person has committed an offence

(b) Without the person having committed an offence but based on suspicion

(c) Without any review by an advisory board

(d) Indefinitely without any time limitations

Answer: (b) Without the person having committed an offence but based on suspicion

Passage: “The foremost right among rights to freedom is the right to life and personal liberty. 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. Various judgments of the Supreme Court have expanded the scope of this right. The Supreme Court has ruled that this right also includes the right to live with human dignity, free from exploitation. The court has held that the right to shelter and livelihood is also included in the right to life because no person can live without the means of living, that is, the means of livelihood.”

Question: The right to life under the Indian Constitution includes which of the following according to Supreme Court rulings?

(a) Right to live with human dignity

(b) Right to shelter

(c) Right to livelihood

(d) All of the above

Answer: (d) All of the above

 Evaluate the role of the judiciary, particularly the Supreme Court, in protecting the Fundamental Rights of individuals. Explain the types of writs that the Supreme Court can issue and the circumstances under which these writs are applicable.

Answer: The judiciary, particularly the Supreme Court, plays a pivotal role in protecting the Fundamental Rights of individuals in India. As the guardian of these rights, the Supreme Court possesses the authority to issue several types of writs under Article 32 of the Constitution, each serving a specific function in safeguarding liberties. The writs include Habeas Corpus, which commands that a detained person be brought before the court to ensure that their detention is lawful; Mandamus, compelling public officials to fulfil their duties; Prohibition, preventing lower courts from exceeding their jurisdiction; Quo Warranto, challenging the legality of a person’s authority in public office; and Certiorari, transferring a case from a lower to a higher court for review.

These writs are crucial tools in the judiciary’s arsenal to combat unlawful detentions, administrative inaction, and jurisdictional overreach, thus providing immediate legal remedies to protect citizens’ rights. This judicial oversight is fundamental in maintaining the rule of law and ensuring that executive and legislative actions do not infringe upon individual rights, thereby reinforcing the judiciary’s role in a democratic society.

Mindmap to remember this answer:

• Supreme Court roles: Guardian of Fundamental Rights; issues writs; judicial oversight.
• Types of writs: Habeas Corpus; Mandamus; Prohibition; Quo Warranto; Certiorari.
• Functions: Ensure lawful detention; compel duty performance; prevent jurisdiction overreach; review lower court cases.
• Impact: Protects against rights infringement; maintains rule of law; reinforces democracy.

• Analyse the relationship between the Fundamental Rights and the Directive Principles of State Policy. How do these two components of the Constitution complement each other, and what conflicts can arise between them during their implementation?

Answer: The relationship between the Fundamental Rights and the Directive Principles of State Policy in the Indian Constitution embodies a unique framework designed to balance individual liberties with the goal of a welfare state. While Fundamental Rights provide citizens with enforceable legal entitlements that the government cannot violate, Directive Principles guide the state in formulating policies aimed at social and economic welfare. However, Directive Principles are non-justiciable, meaning they cannot be enforced in a court of law.

Conflicts between these two components arise when state policies meant to implement Directive Principles potentially infringe on the guaranteed Fundamental Rights. A historic instance is the abolition of the “zamindari” system under land reform policies, which was contested as a violation of the Fundamental Rights to property. Such conflicts necessitate careful legislative and judicial balancing to ensure that the pursuit of social welfare does not undermine individual liberties, thereby harmonising both elements to promote an inclusive democracy.

Mindmap to remember this answer:

• Components: Fundamental Rights (justiciable, enforceable) vs Directive Principles (guiding, non-justiciable).
• Conflicts: Example – zamindari abolition vs Right to property.
• Balancing act: Legislative and judicial intervention to align social welfare with individual rights.
• Goal: Promote inclusive democracy; harmonise individual rights with social welfare.