Rights in Indian Constitution 11th Chapter 2 Political Science Conceptual notes

Rights

Rights are those conditions of social life without which no human being can develop himself rights are those rights which are common man needs to live his life which he demands the facilities provided by law protect the rights.

Declaration of Rights

In most democratic countries the rights of citizen are listed in the constitution such a list is called declaration of rights the demand for this was raised by Nehru Ji in 1928.

Why do we need fundamental Rights

Fundamental rights are essential for the basic development and all-round development of a person they help in bringing equality, freedom, fraternity, economic and social development in the society .

National Human Rights Commission-NHRC

National Human rights commission was formed in 2000 its members are a former chief justice of the supreme court and former chief justice of High court and two members having knowledge or practical experience in relation to human rights

Function

Hearing complaints , investigating and providing relief to the victim

Fundamental rights in the Indian Constitution

During India’s freedom movement the demand for civil rights was raised from time to time by revolutionaries or freedom heroes even in 1928 the Motilal Nehru committee had raised the demand political relation of rights then after Independence , most of these rights are listed in the Constitution.

General Rights

Those Rights which are implemented with the help of Ordinary Loss and the Parliament can make changes in these rights by making Laws

Fundamental Rights

Those rights which are listed in the constitution and for which special provisions have been made for implementation the constitution itself guarantee and protest them to make changes in these rights the constitution has to be amended no part of the government can do anything against the fundamental rights

Note

India’s second inspiration for fundamental rights from the constitution of America
Article 12 of 5 of Part 3 of the constitution contain descriptions or mention of fundamental rights

Types of Fundamental Rights

Note

The original constitution mentioned 7 fundamental rights but by the 44th constitution amendment in 1978 the fundamental rights to property was abolished and it was established as a common law write in article 300 (I)

The Six Fundamental rights described in part of 3 of the Indian Constitution are as follows

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to religious freedom (Article 25-28)
Related to culture and education (Article 29-30)
Right to Constitution remedies (Article 32)

Right to Equality

Article 14

Guarantee of Legal Equality and equal Legal Protection without discrimination

Article 15

Government established of a discrimination free society on the basis of religion, cast , gender and place of birth

Article 16

Equality of opportunity in Public Appointments

Article 17

Evolution of untouchability from society

Article 18

Ban on Titles other than military and education titles

2. Rights to freedom

Article 19

Freedom speech and expression to form associations to hold meetings to travel throughout India to settle in any part of India and to do any profession freely

Article 20

To Provide protection to a person accused or punished for crime

Article 21

No Person can be deprived from the freedom to live except true legal process
Article 21A RTE 2002 86 Constitution amendment fundamental right to education free and compulsory education from 6 to 14th years of age

Article 22

To provide protection to any citizen from arrest and detention in special cases

Note

Right to education was added to article 211 by the 93rd amendment 2002

3. Right against Exploitation

Article 23

Provision for forced labor bonded labor by human trafficking and use of force when India became independent slavery and fourth level where prevalent in many parts of India the landlords used to make the farmers work but did not pay wages especially women are about to sold like animals

Article 24

Provisions of children in mine factories and hazardous work
According to these children below the age of 14 years will not be employed in any risky work such as in mines factories etc.

4. Right to Religious freedom

Article 25

Right to believe follow and propagate one’s own religion

Article 26

Right to established institutions doing religious and charitable work as an organized unit

Article 27

No one will be forced to pay tax for the propagation of religion and maintenance of religious sects

Article 28

No religious education will be given in any government education association

5. Rights related to culture and education

Article 29

Give the citizens of any state of India the right to maintain their special language script or culture

Article 30

Under the linguistic and religious minorities are given the right to established education institutions and run their administrations

6. Right to Constitutional remedies

Article 32

The father of the constitutions Dr. Ambedkar has called this right the heart and soul of the constitution under these the country issues many special others which are called writs

Habeas corpus
Mandamus
Prohibition
Quo-warrant
Induction

Habeas corpus

The Order given by the court to an arrested person to appear before the court/ judge is called habeas corpus

Mandamus

Under these if any public official does not perform his duties then the court can order him to perform his duties

Prohibition

Under these the supreme court or the high court can be asked to postpone the hearing of any case in the lower or subordinate courts

Quo Warrant

Quo warrant means what is your authority this writ is a suit when a person works on public post without any authority then the court obtains information about his authority through this writ if the court is not satisfied with the answer of the person , then the court can stop him working

Induction

Under this a writ of certiorari is issued by the supreme court or the high court to cancel the order issued by a subordinate court tribunal or quasi-judicial authority

Constitutions of South Africa

The Constitution of south Africa came into force in December 1996 when the country was facing the threat of civil war after the removal of the apartheid government the declaration of rights in South Africa is the foundation of democracy

Major Rights listed in the Constitution of South Africa

The Right to dignity
Right to Privacy
Right to fair labor treatment
Right to health environment and environmental protection
Right to adequate housing
Right to help facilities food water and social security
Child rights
Rights to basic and higher education
Right to obtain information
Right of cultural religious and linguistic communities

What are the directive principles of state policy

In Independent India many rules were needed in addition to fundamental rights to bring equality among all citizens and ensure welfare to all under the directive principles of a state policy such policy instructions have been given to the government which can not be challenged in the court but the government can be requested to implement them it is the responsibility of the government to implement them to the extent it can

There are three main things in the list of major policy directly principles

The Goals and objectives that we should accept as a society
Those rights which citizens should get in addition to the fundamental rights
policy is that the government should accept

Fundamental Duties of Citizens (Our Moral Responsibilities )

In 1976 the 42nd constitution amendment included the list of fundamental duties of citizens article 51A
Under these the 10 fundamental duties of citizens are its follows
To avoid by the constitutions and respect the national flag and the national anthem
To cherish and follow the high ideals which inspired the national movement
To protect the Sovereignty unity and negative of India
To be ready to defend answer the nation
Conserve the national environment
Develop the scientific outlook humanism and sprit of acquiring knowledge and reform
make public property safe make swatch Bharat Abhiyan success and stay away from violence
Strive to move towards excellence and all spheres of Individual and collective activities
Relation between directive principles and fundamental Rights
Both Complement each other while fundamental rights import restrictions on some actions of the government the rightly principles inspire it to do some actions
fundamental rights specially protect the rights of the Individual while the directive principles of a state policy talk about the welfare of the entire society
Differences between directive elements and fundamental Rights
Fundamental Rights are Legal support but Policy Directly principles do not have legal support that is you can go to court in case of violations of Fundamental Rights but can not go to court in case of violations of policy directive principles
Fundamentals rights are related to individuals and it principles related to Society
Fundamentals rights have been achieved that its principles have not yet been implemented
The aim of fundamental rights is to establish political democracy in the country and the aim of 30 principles is to establish social and economic democracy
Fundamental rights promote the welfare of the individual principles promote the welfare of the community