Class 11 Political Science Notes Chapter 2 (Rights in the indian constitution) – India Constitution Work Book

Detailed Notes with MCQs of a very crucial chapter for your understanding of the Indian polity and for your exam preparation: Chapter 2, 'Rights in the Indian Constitution'. Rights form the bedrock of our democracy, ensuring dignity and liberty for every citizen.

Chapter 2: Rights in the Indian Constitution - Detailed Notes

1. What are Rights and Why are they Important?

• Definition: Rights are essentially claims – entitlements or justified claims – that individuals and groups make on society or the government. These are conditions essential for a dignified life, individual development, and participation in society.
• Importance in a Democracy:
  • Protect individuals from arbitrary state action.
  • Ensure equality, liberty, and justice.
  • Enable citizens to participate in the democratic process.
  • Provide a check on the powers of the government.
  • Essential for the overall development of an individual's personality and potential.

2. The Bill of Rights & Fundamental Rights in India:

• Bill of Rights: A list of rights mentioned and protected by the Constitution. Most democratic countries have one. It prohibits the government from acting against the rights of individuals and ensures a remedy if these rights are violated.
• Indian Context - Fundamental Rights (Part III, Articles 12-35):
  • Inspired partly by the Bill of Rights of the USA.
  • These are rights guaranteed by the Constitution to all persons without discrimination.
  • They are termed 'Fundamental' because:
    • They are enshrined in the Constitution (fundamental law of the land).
    • They are justiciable – enforceable by courts. If violated, a person can directly approach the High Court (Article 226) or the Supreme Court (Article 32).
  • They are not absolute but qualified – subject to 'reasonable restrictions' imposed by the state on grounds like public order, morality, security of the state, etc.

3. The Six Fundamental Rights:

(Initially, there were seven FRs. The Right to Property (Art 31) was removed from the list of FRs by the 44th Constitutional Amendment Act, 1978. It is now a legal right under Article 300-A in Part XII).

• I. Right to Equality (Articles 14-18):

  • Art 14: Equality before law and equal protection of laws. (Ensures everyone is treated equally by the law, irrespective of status).
  • Art 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. (Allows special provisions for women, children, socially and educationally backward classes).
  • Art 16: Equality of opportunity in matters of public employment. (Prohibits discrimination but allows reservation for backward classes).
  • Art 17: Abolition of Untouchability and prohibition of its practice in any form.
  • Art 18: Abolition of titles (except military and academic distinctions).

• II. Right to Freedom (Articles 19-22):

  • Art 19: Guarantees six fundamental freedoms to all citizens:
    • (a) Freedom of speech and expression.
    • (b) Freedom to assemble peaceably and without arms.
    • (c) Freedom to form associations or unions or co-operative societies.
    • (d) Freedom to move freely throughout the territory of India.
    • (e) Freedom to reside and settle in any part of the territory of India.
    • (f) [Omitted - Right to acquire, hold and dispose of property]
    • (g) Freedom to practice any profession, or to carry on any occupation, trade or business.
      (Note: These freedoms are subject to reasonable restrictions).
  • Art 20: Protection in respect of conviction for offences. (No ex-post-facto law, no double jeopardy, no self-incrimination).
  • Art 21: Protection of life and personal liberty. (No person shall be deprived of his life or personal liberty except according to procedure established by law. This has been widely interpreted by the SC to include the right to dignity, privacy, clean environment, speedy trial, etc.).
  • Art 21A: Right to Education (Added by 86th Amendment, 2002). State shall provide free and compulsory education to all children aged 6-14 years.
  • Art 22: Protection against arrest and detention in certain cases. (Right to be informed of grounds of arrest, consult a legal practitioner, be produced before a magistrate within 24 hours. Also deals with preventive detention).

• III. Right against Exploitation (Articles 23-24):

  • Art 23: Prohibition of traffic in human beings and forced labour (begar).
  • Art 24: Prohibition of employment of children in factories, mines, or other hazardous occupations (below the age of 14 years).

• IV. Right to Freedom of Religion (Articles 25-28):

  • Art 25: Freedom of conscience and free profession, practice, and propagation of religion (subject to public order, morality, health).
  • Art 26: Freedom to manage religious affairs (establish institutions, manage affairs, own property).
  • Art 27: Freedom from payment of taxes for promotion of any particular religion.
  • Art 28: Freedom from attending religious instruction or worship in certain educational institutions.

• V. Cultural and Educational Rights (Articles 29-30):

  • Art 29: Protection of interests of minorities. (Any section of citizens with a distinct language, script or culture has the right to conserve it. No citizen shall be denied admission into any state-maintained or state-aided educational institution on grounds only of religion, race, caste, language).
  • Art 30: Right of minorities (religious or linguistic) to establish and administer educational institutions of their choice.

• VI. Right to Constitutional Remedies (Article 32):

  • Considered the 'Heart and Soul' of the Constitution by Dr. B.R. Ambedkar.
  • Guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
  • The Supreme Court (under Art 32) and High Courts (under Art 226) can issue writs for enforcement of FRs:
    • Habeas Corpus: ('To have the body of') Order to produce the detained person before the court to examine the legality of detention.
    • Mandamus: ('We command') Order from a superior court to a lower court/tribunal or public authority to perform a public or statutory duty.
    • Prohibition: ('To forbid') Order from a higher court to a lower court preventing the latter from exceeding its jurisdiction.
    • Certiorari: ('To be certified' or 'To be informed') Order from a higher court to a lower court or tribunal to transfer a case pending with it or quash its order.
    • Quo Warranto: ('By what authority or warrant?') Order to inquire into the legality of a person's claim to a public office.

4. Scope and Limitations of Fundamental Rights:

• Reasonable Restrictions: FRs are not absolute. The state can impose reasonable restrictions based on grounds mentioned in the Constitution itself (e.g., security of state, public order, decency, morality, defamation, incitement to an offence, sovereignty and integrity of India).
• Suspension during Emergency: Most FRs (except those under Articles 20 and 21) can be suspended during the operation of a National Emergency (Article 352). The six freedoms under Article 19 are automatically suspended only when the emergency is declared on grounds of war or external aggression (not armed rebellion).

5. Directive Principles of State Policy (DPSP - Part IV, Articles 36-51):

• Nature: These are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies. They aim to establish a 'welfare state' and promote socio-economic justice.
• Key Feature: Unlike Fundamental Rights, DPSPs are non-justiciable, meaning they are not enforceable by the courts for their violation.
• Classification (Broad):
  • Socialist Principles: Aim at social and economic justice (e.g., Art 38 - promote welfare of people, Art 39 - adequate means of livelihood, equal pay for equal work, Art 41 - right to work, education, public assistance).
  • Gandhian Principles: Reflect Gandhian ideology (e.g., Art 40 - organise village panchayats, Art 43 - promote cottage industries, Art 46 - promote interests of SCs/STs/weaker sections, Art 48 - prohibit slaughter of cows).
  • Liberal-Intellectual Principles: Represent liberal thought (e.g., Art 44 - Uniform Civil Code, Art 45 - early childhood care and education until age 6 [modified by 86th Amend.], Art 50 - separation of judiciary from executive, Art 51 - promote international peace and security).
• Relationship with FRs: While FRs are justiciable and DPSPs are not, the Supreme Court has held that both are complementary and supplementary to each other. The Parliament can amend FRs for implementing DPSPs, as long as it doesn't violate the 'Basic Structure' of the Constitution.

6. Fundamental Duties (Part IVA, Article 51A):

• Origin: Added by the 42nd Amendment Act, 1976, on the recommendations of the Swaran Singh Committee. Originally 10 duties; the 11th was added by the 86th Amendment Act, 2002.
• Nature: Like DPSPs, Fundamental Duties are non-justiciable. They serve as moral obligations and reminders to citizens that while enjoying rights, they also have duties towards the nation and society.
• Examples: Respect the Constitution, national flag, and anthem; cherish ideals of the freedom struggle; uphold sovereignty, unity, and integrity of India; defend the country; promote harmony; protect environment; develop scientific temper; safeguard public property; strive for excellence; provide education opportunities (parent/guardian duty for child 6-14 yrs - the 11th duty).

7. Protection of Rights:

• Judiciary: The primary protector through the power of judicial review and issuing writs (SC under Art 32, HCs under Art 226).
• National Human Rights Commission (NHRC): An independent statutory body (established 1993) to inquire into violations of human rights or negligence in the prevention of such violations by public servants. It can make recommendations but doesn't have binding powers like courts. State Human Rights Commissions (SHRCs) exist at the state level.

Conclusion:

The rights enshrined in the Constitution, particularly the Fundamental Rights, are the cornerstone of Indian democracy. Understanding their scope, limitations, and the mechanisms for their protection (Judiciary, NHRC), along with the guiding principles of DPSPs and the civic obligations outlined in Fundamental Duties, is essential for any citizen, especially those preparing for government service.

Multiple Choice Questions (MCQs):

1. Which Article of the Indian Constitution is described by Dr. B.R. Ambedkar as the 'Heart and Soul' of the Constitution?
   (a) Article 14
   (b) Article 19
   (c) Article 21
   (d) Article 32

2. The Fundamental Rights in the Indian Constitution are guaranteed under:
   (a) Part II
   (b) Part III
   (c) Part IV
   (d) Part IVA

3. Which of the following writs is issued to command a public authority to perform its official duty that it has failed or refused to perform?
   (a) Habeas Corpus
   (b) Mandamus
   (c) Prohibition
   (d) Quo Warranto

4. The Right to Property was removed from the list of Fundamental Rights by which Constitutional Amendment Act?
   (a) 42nd Amendment Act, 1976
   (b) 44th Amendment Act, 1978
   (c) 61st Amendment Act, 1989
   (d) 86th Amendment Act, 2002

5. Which Article prohibits the employment of children below the age of 14 years in factories, mines, or hazardous activities?
   (a) Article 21A
   (b) Article 23
   (c) Article 24
   (d) Article 45

6. Directive Principles of State Policy (DPSPs) are:
   (a) Justiciable in nature
   (b) Non-justiciable in nature
   (c) Partially justiciable
   (d) Enforceable only by the Supreme Court

7. Fundamental Duties were added to the Indian Constitution based on the recommendations of the:
   (a) Santhanam Committee
   (b) Sarkaria Commission
   (c) Swaran Singh Committee
   (d) Shah Commission

8. Which of the following Fundamental Rights cannot be suspended even during a National Emergency?
   (a) Right to Freedom of Speech (Art 19)
   (b) Right to Life and Personal Liberty (Art 21)
   (c) Right to Equality (Art 14)
   (d) Right to Freedom of Religion (Art 25)

9. The concept of 'Equality before law' under Article 14 is primarily borrowed from the Constitution of:
   (a) USA
   (b) UK (British Constitution)
   (c) Ireland
   (d) Canada

10. Which Article under DPSPs directs the State to organise village panchayats as units of self-government?
    (a) Article 38
    (b) Article 39A
    (c) Article 40
    (d) Article 44

Answer Key:

1. (d)
2. (b)
3. (b)
4. (b)
5. (c)
6. (b)
7. (c)
8. (b) (Article 20 is also protected)
9. (b)
10. (c)

Make sure you revise these points thoroughly. Understanding the nuances between different rights, their limitations, and the role of DPSPs and Fundamental Duties is critical. Good luck with your preparation!