Class 9 Social Science Notes Chapter 6 (Democratic rights) – Democratic Politics Book

Alright students, let's focus on Chapter 6: Democratic Rights from your NCERT Class 9 Democratic Politics book. This chapter is crucial not just for your exams but also for understanding your place as a citizen in India. For government exam preparation, a thorough understanding of Fundamental Rights is absolutely essential.

Chapter 6: Democratic Rights - Detailed Notes

1. What are Rights?

• Definition: Rights are reasonable claims of persons recognized by society and sanctioned by law. They are entitlements or justified claims.
• Why do we need rights?
  • Essential for the very sustenance of a democracy.
  • Protect minorities from the oppression of the majority.
  • Ensure the government functions within limits and doesn't become tyrannical.
  • Allow citizens to develop their potential and live a life of dignity.
  • Provide conditions under which citizens can make the best use of their abilities.

2. Life Without Rights (Examples from the book):

• Prison in Guantanamo Bay: US forces secretly picked up people globally, imprisoned them in Guantanamo Bay (Cuba). Prisoners were denied rights available to even prisoners of war under international treaties; denied legal recourse or trial. This highlights the importance of legal procedures and protection against arbitrary arrest and detention.
• Citizens' Rights in Saudi Arabia: Illustrates restrictions on political participation (hereditary monarchy), freedom of religion (non-Muslims can practice privately but not publicly), and significant restrictions on women's freedoms. Shows the importance of equality, freedom of religion, and political rights.
• Ethnic Massacre in Kosovo: Example of extreme violation of rights based on ethnicity (Serb government targeting ethnic Albanians). Highlights the importance of protection for minorities and the right to life and security.

3. Rights in a Democracy:

• Democracy requires that citizens have rights, and these rights must be respected by the government.
• Some rights are considered fundamental to our life and are given special status – these are often enshrined in the Constitution.

4. Fundamental Rights in the Indian Constitution (Part III, Articles 12-35):

• These are basic human rights guaranteed to all citizens (and some to non-citizens as well) and are enforceable by courts. They are called 'Fundamental' because:

  • They are listed in the Constitution, which guarantees them.
  • They are justiciable (enforceable through courts).

• Originally, there were seven Fundamental Rights. The Right to Property (Art 31) was removed as a Fundamental Right by the 44th Amendment Act, 1978, and made a legal right under Article 300-A.

• Currently, there are SIX Fundamental Rights:

  • (i) Right to Equality (Articles 14-18):

    • Art 14: Equality before law and equal protection of laws. (No one is above the law).
    • Art 15: Prohibition of discrimination on grounds only of religion, race, caste, sex, or place of birth. Allows special provisions for women, children, and socially/educationally backward classes (SC/ST/OBC). Guarantees equal access to public places.
    • Art 16: Equality of opportunity in matters of public employment. (Exceptions for reservation for backward classes).
    • Art 17: Abolition of Untouchability and prohibition of its practice in any form. (A very important social justice measure).
    • Art 18: Abolition of titles (except military and academic distinctions).

  • (ii) Right to Freedom (Articles 19-22):

    • Art 19: Guarantees six fundamental freedoms to 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) Freedom to practice any profession, or to carry on any occupation, trade or business.
      • Note: These freedoms are not absolute and are subject to 'reasonable restrictions' imposed by the state on grounds like sovereignty and integrity of India, security of the state, public order, decency or morality, etc.
    • 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 is a very wide-ranging right, interpreted by the Supreme Court to include the right to dignity, privacy, clean environment, speedy trial, health, livelihood, etc.
    • Art 21A: Right to Education. (Added by 86th Amendment, 2002). The State shall provide free and compulsory education to all children aged 6 to 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). Does not apply fully to enemy aliens or those under preventive detention laws.

  • (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 below the age of 14 years in factories, mines, or other hazardous employments.

  • (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. (State cannot spend public money collected via tax for promoting one religion).
    • Art 28: Freedom from attending religious instruction or worship in certain educational institutions (wholly maintained by state funds / recognized or aided by state).
    • Note: These rights establish India as a secular state.

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

    • Art 29: Protection of interests of minorities. Any section of citizens having 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, or 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):

    • Guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
    • Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution.
    • The Supreme Court (under Art 32) and High Courts (under Art 226) can issue writs for enforcement of these rights:
      • Habeas Corpus: ('To have the body of') Order to produce a detained person before the court.
      • Mandamus: ('We command') Order from a superior court to a lower court or public authority to perform a public duty.
      • Prohibition: Order from a higher court to a lower court to stop proceedings in a case outside its jurisdiction.
      • Certiorari: ('To be certified') Order from a higher court to a lower court to transfer a case or quash an order.
      • Quo Warranto: ('By what authority?') Order to inquire into the legality of a person's claim to a public office.

5. Securing These Rights:

• Independent Judiciary: The courts (Supreme Court and High Courts) act as guardians of Fundamental Rights. Citizens can directly approach them if their rights are violated.
• Public Interest Litigation (PIL): Allows any person or organization to approach the court on behalf of those whose rights are violated, especially the poor or disadvantaged.
• National Human Rights Commission (NHRC): An independent statutory body (established 1993) to promote and protect human rights. It can investigate complaints of human rights violations, visit jails, undertake research, etc., but its recommendations are advisory. State Human Rights Commissions (SHRCs) exist at the state level.

6. Expanding Scope of Rights:

• Fundamental Rights are the source of all rights, but our Constitution and laws offer a wider range of rights.
• Over time, rights evolve and expand. Courts often interpret existing rights (especially Article 21) broadly to include new rights.
• Examples of rights derived or expanded: Right to Information (now a legal right under RTI Act, 2005), Right to Education (made a Fundamental Right), Right to Food, Right to Privacy, Right to a Clean Environment.
• International Covenants (like the International Covenant on Economic, Social and Cultural Rights) also influence the understanding and expansion of rights, although they may not be directly enforceable as Fundamental Rights in courts unless backed by domestic law.

Conclusion:

Democratic rights, especially Fundamental Rights, are the bedrock of Indian democracy. They ensure dignity, equality, freedom, and justice for all citizens, providing checks on state power and empowering individuals to participate fully in the democratic process. Understanding these rights is crucial for every citizen and particularly important for those aspiring to government service.

Multiple Choice Questions (MCQs) for Practice:

1. Which Article of the Indian Constitution abolishes Untouchability?
   (a) Article 14
   (b) Article 15
   (c) Article 17
   (d) Article 19

2. The six freedoms guaranteed to Indian citizens under Article 19 do not include:
   (a) Freedom of speech and expression
   (b) Freedom to strike or 'bandh'
   (c) Freedom to form associations or unions
   (d) Freedom to reside and settle in any part of India

3. Which Fundamental Right is described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution?
   (a) Right to Equality
   (b) Right to Freedom
   (c) Right against Exploitation
   (d) Right to Constitutional Remedies

4. Protection of Life and Personal Liberty is guaranteed under which Article?
   (a) Article 19
   (b) Article 20
   (c) Article 21
   (d) Article 22

5. The Right to Education (Article 21A) guarantees free and compulsory education for children in which age group?
   (a) 0-6 years
   (b) 6-14 years
   (c) 6-18 years
   (d) 14-18 years

6. Which writ is issued by a court to order the release of a person who has been detained unlawfully?
   (a) Mandamus
   (b) Habeas Corpus
   (c) Prohibition
   (d) Quo Warranto

7. The Right against Exploitation prohibits:
   (a) Discrimination on grounds of religion
   (b) Employment of children below 14 in hazardous jobs
   (c) Restrictions on freedom of speech
   (d) Denial of admission to educational institutions

8. Cultural and Educational Rights (Articles 29 & 30) primarily aim to protect the interests of:
   (a) All citizens equally
   (b) Scheduled Castes and Scheduled Tribes
   (c) Religious and linguistic minorities
   (d) Women and children

9. Which of the following is NOT a Fundamental Right under the Indian Constitution currently?
   (a) Right to Freedom of Religion
   (b) Right to Property
   (c) Right to Equality
   (d) Right against Exploitation

10. The National Human Rights Commission (NHRC) in India was established in which year?
    (a) 1950
    (b) 1976
    (c) 1993
    (d) 2005

Answer Key for MCQs:

1. (c) Article 17
2. (b) Freedom to strike or 'bandh' (This is often derived from other freedoms but is subject to many restrictions and not explicitly listed as a fundamental freedom in Art 19)
3. (d) Right to Constitutional Remedies
4. (c) Article 21
5. (b) 6-14 years
6. (b) Habeas Corpus
7. (b) Employment of children below 14 in hazardous jobs (Also prohibits human trafficking and forced labour)
8. (c) Religious and linguistic minorities
9. (b) Right to Property (It's a legal right under Art 300-A)
10. (c) 1993

Study these notes carefully, paying close attention to the Articles associated with each right. Good luck with your preparation!