Chapter – 2

Rights in the Indian Constitution

In this post we have given the detailed notes of Class 11 Political Science Book 2 Chapter 2 (Rights in the Indian Constitution) in English. These notes are useful for the students who are going to appear in Class 11 board exams.

Chapter 2: Rights in the Indian Constitution

Introduction

• A constitution defines the structure of government, the relations between its organs, and the limits on its powers.  
• It ensures a democratic system with rights for all.  
• Part III of the Indian Constitution lists and limits Fundamental Rights.  
• The scope of these rights has evolved and expanded over time.  

Importance of Rights

• Rights are essential for a democracy.  
• They protect individuals from exploitation and injustice.  
• Examples:
  • Construction workers’ right to minimum wage (Right against Exploitation).  
  • Machal Lalung’s right to a speedy trial (Right to Freedom).  

Bill of Rights

• A list of rights protected by the constitution.  
• Prevents government overreach and ensures remedies for violations.  
• Protects individuals from both private and government threats.  

Fundamental Rights in the Indian Constitution

• The Indian Constitution guarantees Fundamental Rights.  
• These rights are considered essential for a democracy.  
• They are protected from government violation.  
• Fundamental Rights are different from ordinary legal rights:
  • They are protected by the constitution itself.  
  • They can only be changed by amending the constitution.  
  • No government organ can violate them.  
  • The judiciary has the power to protect them.  
• They are not absolute and can have reasonable restrictions.  

Right to Equality (Articles 14-18)

• Ensures equal treatment and opportunities for all.  
• Equality before law (Article 14): Everyone is equal in the eyes of the law.  
• Equal protection of laws (Article 14): The law provides equal protection to all.  
• Prohibition of discrimination (Article 15): Prevents discrimination based on religion, race, caste, sex, or place of birth.  
• Equal access to public places (Article 15): Guarantees equal access to shops, hotels, places of entertainment, wells, bathing ghats, and places of worship.  
• Equality of opportunity in public employment (Article 16): Ensures equal opportunities in government jobs.  
• Abolition of Untouchability (Article 17): Abolishes the practice of untouchability.  
• Abolition of titles (Article 18): Prohibits the state from conferring titles except for military or academic distinction.  
• Exceptions and Reservations:
  • Allows for special schemes for women, children, and backward classes (Article 15).  
  • Permits reservations in jobs and education to ensure equality of opportunity (Article 16).  

Right to Freedom (Articles 19-22)

• Guarantees freedom of thought, expression, and action.  
• Protection of Right to Freedom (Article 19):
  • Freedom of speech and expression: Allows individuals to express their opinions freely.  
  • Freedom of assembly: Permits peaceful assembly without arms.  
  • Freedom of association: Allows individuals to form associations and unions.  
  • Freedom of movement: Guarantees the right to move freely throughout India.  
  • Freedom of residence: Allows individuals to reside and settle in any part of India.  
  • Freedom of profession: Guarantees the right to practice any profession or carry on any occupation, trade, or business.  
• Protection in respect of conviction for offences (Article 20):
  • No double jeopardy: Prevents a person from being punished for the same offense twice.  
  • No ex-post facto laws: Prohibits laws that declare an action illegal from a past date.  
  • No self-incrimination: Protects individuals from being forced to give evidence against themselves.  
• Right to life and personal liberty (Article 21): Protects individuals from being deprived of their life or personal liberty except according to the procedure established by law.  
• Right to education (Article 21A): Guarantees free and compulsory education for children between 6 and 14 years.  
• Protection against arrest and detention in certain cases (Article 22):
  • Right to be informed of grounds of arrest: Ensures that arrested individuals are informed of the reasons for their arrest.  
  • Right to consult a lawyer: Guarantees the right to legal representation.  
  • Right to be produced before a magistrate within 24 hours: Prevents arbitrary detention.  
• Preventive Detention: Allows for the arrest and detention of individuals to prevent them from engaging in unlawful activity, but with safeguards and limitations (Article 22).  
• Restrictions: These freedoms are subject to reasonable restrictions imposed by the government in the interest of public order, peace, morality, etc.  

Right against Exploitation (Articles 23-24)

• Prohibition of traffic in human beings and forced labour (Article 23): Prevents the buying and selling of human beings and forced labor.  
• Prohibition of employment of children in hazardous jobs (Article 24): Forbids the employment of children below 14 years in dangerous jobs like factories and mines.  

Right to Freedom of Religion (Articles 25-28)

• Freedom of conscience and free profession, practice, and propagation of religion (Article 25): Guarantees freedom of conscience and the right to choose, practice, and propagate any religion.  
• Freedom to manage religious affairs (Article 26): Allows religious groups to manage their own affairs.  
• Freedom as to payment of taxes for promotion of any particular religion (Article 27): Prevents the government from compelling individuals to pay taxes for the promotion of any particular religion.  
• Freedom as to attendance at religious instruction or worship in certain educational institutions (Article 28): Prohibits religious instruction in state-run educational institutions.  
• Limitations: This freedom is subject to limitations imposed by the government to protect public order, morality, and health.  
• Equality of all religions: The government cannot favor any particular religion and must treat all religions equally (Articles 15, 16, 27, 28).  

Cultural and Educational Rights (Articles 29-30)

• Protection of language, script, and culture of minorities (Article 29): Protects the rights of minorities to preserve their culture, language, and script.  
• Right of minorities to establish and administer educational institutions (Article 30): Allows minorities to establish and manage their own educational institutions.  

Right to Constitutional Remedies (Article 32)

• Right to move the courts to issue directions/writs (Article 32): Guarantees the right to approach the High Courts or the Supreme Court to enforce Fundamental Rights.  
• Writs:
  • Habeas corpus: Orders the presentation of an arrested person before the court and can secure their release if the arrest is unlawful.  
  • Mandamus: Compels a public official to perform their legal duty.  
  • Prohibition: Prevents a lower court from exceeding its jurisdiction.  
  • Quo warranto: Restricts a person from holding an office they are not entitled to.  
  • Certiorari: Transfers a case from a lower court to a higher court.  

Other Mechanisms for Protection of Rights:

• National Human Rights Commission (NHRC): Investigates human rights violations and makes recommendations to the government.  
• Other Commissions: National Commission on Minorities, National Commission on Women, National Commission on Scheduled Castes, etc.  

Directive Principles of State Policy (Part IV)

• 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, right against economic exploitation, right to work, early childhood care, etc.  
• Policies:
  • Uniform civil code, prohibition of alcohol, promotion of cottage industries, prevention of slaughter of useful cattle, promotion of village panchayats, etc.  

Fundamental Duties (Part IVA)

• Enumerates ten duties of citizens, such as abiding by the constitution, defending the country, promoting harmony, and protecting the environment.  
• These duties are not legally enforceable.  

Relationship between Fundamental Rights and Directive Principles

• They are complementary to each other.  
• Fundamental Rights protect individuals, while Directive Principles aim for the well-being of society.  
• Conflicts can arise between the two, as seen in the case of abolishing the Zamindari system.  

Right to Property (Article 300A)

• Originally a Fundamental Right, it was later removed from Part III and made a legal right through the 44th Amendment.  

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