Rights in the Indian Constitution - Class 11 Political Science - Chapter 2 - Notes, NCERT Solutions & Extra Questions
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Extra Questions - Rights in the Indian Constitution | Indian Constitution at Work | Political Science | Class 11
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Write true or false against each of these statements:
a) A Bill of Rights lays down the rights enjoyed by the people of a country.
b) A Bill of Rights protects the liberties of an individual.
c) Every country of the world has a Bill of Rights.
d) The Constitution guarantees remedy against violation of Rights.
a) A Bill of Rights lays down the rights enjoyed by the people of a country.
True: A Bill of Rights typically enumerates the fundamental rights and freedoms that the citizens of a country are entitled to.
b) A Bill of Rights protects the liberties of an individual.
True: One of the primary purposes of a Bill of Rights is to safeguard the liberties and freedoms of individuals from infringement by the government or other entities.
c) Every country of the world has a Bill of Rights.
False: Not every country has a formal Bill of Rights. Some countries incorporate these rights into their constitutions, while others may have laws or conventions that protect individual rights.
d) The Constitution guarantees remedy against violation of Rights.
True: In many countries, including those with a formal Bill of Rights, the constitution often includes provisions for remedies and judicial recourse in case of rights violations.
Therefore, the answers are: a) True b) True c) False d) True
Which of the following is the best description of Fundamental Rights?
a) All the rights an individual should have.
b) All the rights given to citizens by law.
c) The rights given and protected by the Constitution.
d) The rights given by the Constitution that cannot ever be restricted.
The best description of Fundamental Rights is:
c) The rights given and protected by the Constitution.
Read the following situations. Which Fundamental Right is being used or violated in each case and how?
a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
b) A director makes a documentary film that criticises the policies of the government.
c) People displaced by a big dam take out a rally demanding rehabilitation.
d) Andhra society runs Telugu medium schools outside Andhra Pradesh.
a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
Violation of Right to Equality (Article 14, 15, and 16):
Article 14 guarantees equality before the law and equal protection of the laws to all individuals within the territory of India.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 16 ensures equality of opportunity in matters of public employment and prohibits discrimination in such employment on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.
Since the female employees are being penalized for gaining weight while their male counterparts are not, it constitutes gender-based discrimination.
b) A director makes a documentary film that criticises the policies of the government.
Use of Right to Freedom of Speech and Expression (Article 19(1)(a)):
Article 19(1)(a) guarantees the right to freedom of speech and expression to all citizens of India. This includes the right to express one’s opinions freely through speech, writing, print, or any other method.
The director has the right to criticize the government’s policies as part of their freedom of speech and expression, as long as it doesn’t contravene any of the reasonable restrictions specified under Article 19(2).
c) People displaced by a big dam take out a rally demanding rehabilitation.
Use of Right to Assemble Peaceably and Without Arms (Article 19(1)(b)):
Article 19(1)(b) provides citizens the right to assemble peaceably and without arms.
This rally is an expression of their grievance and a demand for rehabilitation, which falls under their right to assemble peacefully.
d) Andhra society runs Telugu medium schools outside Andhra Pradesh.
Use of Cultural and Educational Rights (Article 29 and 30):
Article 29 provides protection of interests of minorities by ensuring that any section of citizens having a distinct language, script, or culture have the right to conserve the same.
Article 30 grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.
By running Telugu medium schools outside of Andhra Pradesh, the Andhra society is exercising their right to conserve their language and culture, as well as the right to establish and administer educational institutions.
Which of the following is a correct interpretation of the Cultural and Educational Rights?
a) Only children belonging to the minority group that has opened educational institution can study there.
b) Government schools must ensure that children of the minority group will be introduced to their belief and culture.
c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.
The correct interpretation of the Cultural and Educational Rights, as provided by the Constitution of India, is:
c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
Explanation:Cultural and Educational Rights are provided under Articles 29 and 30 of the Indian Constitution.
Article 29 ensures that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.
Article 30 provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Option c correctly reflects these constitutional provisions.
Which of the following is a violation of Fundamental Rights and why?
a) Not paying minimum wages
b) Banning of a book
c) Banning of loudspeakers after $9 \mathrm{pm}$.
d) Making a speech
The correct answer is a) Not paying minimum wages.
Explanation:
a) Not paying minimum wages: This can be a violation of the Fundamental Right under Article 23 of the Indian Constitution, which prohibits exploitation and forced labour. If workers are not paid the minimum wages, it amounts to exploitation and is against their Fundamental Rights.
b) Banning of a book: This could be related to the Fundamental Right to Freedom of Speech and Expression under Article 19(1)(a). However, this right is subject to certain reasonable restrictions. If the banning is done under these restrictions (like in the interest of public order, decency or morality, etc.), then it is not a violation.
c) Banning of loudspeakers after 9 pm: This is typically related to maintaining public order and peace and does not usually come under the violation of Fundamental Rights. Such bans are implemented for public health reasons, like preventing noise pollution.
d) Making a speech: The act of making a speech in itself is not a violation of Fundamental Rights. In fact, it is supported by the Fundamental Right to Freedom of Speech and Expression (Article 19). The content and context of the speech could, however, lead to other considerations.
An activist working among the poor says that the poor don't need Fundamental Rights. What they need are Directive Principles to be made legally binding. Do you agree with this? Give your reasons.
While the activist's perspective highlights the importance of Directive Principles, dismissing Fundamental Rights entirely is not justifiable. Fundamental Rights provide the basic freedoms and protections necessary for all citizens, including the poor. These rights protect individuals from government tyranny, discrimination, and exploitation, ensuring equality, freedom, and justice for everyone.
However, making some Directive Principles legally binding could enhance social justice and economic equality. Directive Principles like adequate livelihood, equal pay, right to work, and early childhood care directly address the needs of the poor, ensuring a more balanced society.
The two sets of provisions are not mutually exclusive but complementary. While Fundamental Rights protect individual freedoms and ensure a democratic framework, Directive Principles guide the state in making policies that promote social and economic well-being. Therefore, both are essential; strengthening the enforceability of Directive Principles would indeed benefit the poor, but not at the cost of ignoring their fundamental rights.
Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?
The scenario reveals violations of several fundamental rights under the Indian Constitution:
Right to Equality (Articles 14-18):
Article 14: Equality before law and equal protection of laws are denied when caste groups are forced to continue in scavenging jobs and are not given other opportunities.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth is violated.
Article 16: Equal opportunity in matters of public employment is denied when they are not considered for other jobs.
Right to Freedom (Articles 19-22):
Article 19: Specifically, the freedom to practice any profession or to carry on any occupation, trade, or business is infringed when they're forced into a particular job.
Right Against Exploitation (Articles 23-24):
Article 23: Prohibition of traffic in human beings and forced labor are relevant as forcing them to continue in scavenging can be seen as a form of forced labor.
Cultural and Educational Rights (Articles 29-30):
Article 29: Protection of interests of minorities also includes the rights of any section of the citizens to conserve their distinct culture and to not be denied admission to educational institutions on grounds of caste.
The denial of their children's right to education further violates these fundamental rights. The continuation of such practices blatantly disregards these constitutional protections.
A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.
a. Which different rights does this case involve? How are these rights interlinked?
b. Should these rights form part of the right to life?
Petition Case of Starvation and Hunger
a. This case involves multiple rights, mainly the Right to Life and Right to Food as an inherent aspect of it. Additionally, the Right to Information is also implicated since ration cardholders are unaware of their entitlements. These rights are interlinked because adequate information about food entitlements is crucial for ensuring the right to food, which is foundational to sustaining the right to life.
b. Yes, these rights should form part of the right to life. The Right to Life, as interpreted by the Supreme Court, encompasses the right to live with dignity. Access to sufficient food and information about entitlements are essential to living a life with dignity. Therefore, ensuring an efficient public distribution system and awareness about food grain entitlements are essential components that uphold the right to life in its full sense.
Read the statement by Somnath Lahiri in the Constitutent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.
I agree with Somnath Lahiri's statement in the Constituent Assembly when he suggests that the Fundamental Rights have been framed from a restrictive perspective, and many of them are followed by provisos that limit their scope. For instance, the right to freedom of speech and expression is subject to restrictions like public order, decency, and morality, which can be ambiguous and misused to curb dissent. The right to assemble peacefully is also subject to government permissions, potentially stifling genuine protests and democratic expression.
Moreover, preventive detention laws allow for arrest without trial, which contradicts the principles of personal liberty. These examples show that while the rights are fundamental in nature, their extensive provisos and exceptions minimize their impact and can be wielded by those in power to undermine civil liberties.
Critics might argue that such restrictions are necessary for maintaining public order and security. However, the potential for misuse makes a strong case for Lahiri's assertion that fundamental rights are often curtailed by numerous conditions, thus limiting true freedom and democratic practice.
Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.
The most crucial Fundamental Right in the Indian Constitution is the Right to Life and Personal Liberty (Article 21). This right states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." It guarantees not just the act of living but living with dignity, encompassing access to adequate nutrition, shelter, healthcare, and education. Judicial interpretations have broadened their scope, recognizing rights to privacy, education, health, and protection against bonded labour.
The importance of this right lies in its being the foundation for all other rights, upholding human dignity and serving as a tool for justice and equity. It protects marginalized communities from exploitation and adapts dynamically to modern challenges like data privacy. Aligning with the Universal Declaration of Human Rights, Article 21 enshrines fundamental human dignity and freedom, making it the cornerstone of a just, democratic society.
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Understanding Rights in the Indian Constitution - A Class 11 Political Science Guide
Introduction to Rights
Rights are essential elements of any democratic system, ensuring that individuals have freedoms and protections against arbitrary actions by the government. They define the basic principles of equality, liberty, and fraternity within a society. In the context of the Indian Constitution, rights are embedded to limit the power of the government and provide a framework for democratic governance.
Fundamental Rights in the Indian Constitution
The Fundamental Rights are enshrined in Part III of the Indian Constitution. They were inspired by the experiences of the freedom struggle and aimed to ensure that the citizens of independent India could live with dignity, freedom, and equality.
Types of Fundamental Rights
Right to Equality
The Right to Equality includes several provisions designed to prohibit discrimination and ensure equal treatment under the law:
- Equality before law: All individuals are equal in the eyes of the law.
- Prohibition of discrimination: Discrimination based on religion, race, caste, sex or place of birth is prohibited.
- Abolition of untouchability: The practice of untouchability is a punishable offence.
- Abolition of titles: The state cannot confer any titles except for military and academic distinctions.
Right to Freedom
The Right to Freedom covers a range of fundamental freedoms:
- Freedom of speech and expression
- Freedom to assemble peacefully
- Freedom to form associations or unions
- Freedom to move freely throughout India
- Freedom to reside and settle in any part of India
- Freedom to practise any profession or carry on any occupation
Right Against Exploitation
This right aims to eliminate exploitation in various forms:
- Prohibition of human trafficking and forced labour: Exploitation through human trafficking and forced labour is prohibited.
- Prohibition of child labour: Employment of children below the age of 14 in hazardous industries is illegal.
Right to Freedom of Religion
The Constitution provides every citizen the freedom to profess, practise, and propagate any religion. It ensures:
- Freedom of conscience
- Freedom to manage religious affairs
- Freedom from paying taxes for the promotion of any particular religion
- Freedom to attend religious instruction or worship in certain educational institutions
Cultural and Educational Rights
These rights are designed to preserve the cultural heritage of diverse communities and provide educational rights:
- Protection of interests of minorities: Linguistic and religious minorities have the right to conserve their language, script, and culture.
- Right to establish and administer educational institutions: Minorities can set up educational institutions to preserve their culture.
Right to Constitutional Remedies
Dr B.R. Ambedkar called this right the "heart and soul" of the Indian Constitution because it ensures the enforcement of all other fundamental rights. It allows citizens to approach the courts if they believe their rights have been violated. The judiciary can issue various writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to protect these rights.
Directive Principles of State Policy
The Directive Principles are guidelines for the government to promote the welfare of the people. Although not enforceable by law, they are considered essential in governance and social justice.
What do the Directive Principles contain?
The Directive Principles set out:
- The goals and objectives for society: They include principles related to securing a social order for the promotion of the welfare of the people, ensuring economic equality, and providing social justice.
- Specific individual rights: These rights are beyond fundamental rights and cover economic and social aspects like the right to work and education.
- Policy measures for the government: Policies include promoting village panchayats, securing a uniform civil code, prohibiting the consumption of intoxicating drinks and drugs, ensuring equal pay for equal work, and protecting the environment.
Judiciary's Role in Protecting Rights
The judiciary in India plays a crucial role in safeguarding the rights of individuals. It interprets the Constitution and ensures that the fundamental rights are not violated by legislative or executive actions. Landmark judgments have expanded the scope of these rights, creating a robust framework for protecting citizen rights.
Balancing Fundamental Rights and Directive Principles
The Constitution envisages a balance between individual rights and the welfare of the society. At times, conflicts arise when implementing Directive Principles potentially affects Fundamental Rights. A notable example is the abolition of the zamindari system, which led to the debate over the right to property, later removed from the list of Fundamental Rights.
Case Studies on Rights Violation and Redressal
Instances such as the case of Machal Lalung, who was unlawfully detained for over five decades, highlight the judiciary's role in protecting rights. The intervention of the National Human Rights Commission (NHRC) and other bodies often leads to justice and redressal for the affected individuals.
Conclusion
Rights are essential to ensure the democratic governance of a country, protecting individuals from arbitrary actions by the state. The Indian Constitution, through its Fundamental Rights, Directive Principles of State Policy, and the role of the judiciary, creates a cohesive framework for the protection and promotion of these rights.
graph TD;
A[Fundamental Rights] --> B[Right to Equality];
A --> C[Right to Freedom];
A --> D[Right Against Exploitation];
A --> E[Right to Freedom of Religion];
A --> F[Cultural and Educational Rights];
A --> G[Right to Constitutional Remedies];
H[Directive Principles] --> I[Social Welfare Goals];
H --> J[Economic Rights];
H --> K[Policy Guidelines];
This article provides an in-depth look at the rights outlined in the Indian Constitution, providing essential information for Class 11 Political Science students and anyone interested in understanding the legal framework of India.
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