Class 11 notes political science chapter 2 Rights in Indian constitution

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Indian constitution at work ch 2 

Rights in Indian constitution notes

What are rights ? 

They are moral principles when accepted by society becomes legal rights

Importance of right

If rights granted by constitutional are not practiced properly then it would cause major inconvenience to that extent that one's life can be wasted

Bill of rights 

It is a list of rights given by constitution and protected by judiciary

Fundamental rights in the Indian constitution

• Specially protected rights
• Can only be changed by amending the constitution itself  unlike ordinary right which can be changed by ordinary process
• Judiciary is the protector of all rights

Fundamental rights include

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitution remedies
   
   
   

Right to equality 

• Prohibited discrimination ➡ state shall confer no title except military or academic one
• Article 16(4) ➡  Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
• Equality of opportunity is vital 

• Article 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

Right to freedom 

• No person would be arrested without telling the ground of arrest and would be presented before magistrate within 24 hours
• Preventive detention

1. A person shall be arrested if he/ she is likely to engage in a unlawful activity
2. He/ she can only be arrested for 3 months
3. Then it is sent to advisory board for review

• Rights of the accused

1. He/ she is not guilty until found
2. No one can be punished for same offence more than once 
3. Can't declare a action illegal from backdate
4. No one can be asked to give evidence against himself/ herself

• Other freedom include freedom of speech, expression 

Right against exploitation

• Can not be forced to do something against his / her will that harm his moral and physique
• This right forbids employment under age of 14 year old in dangerous jobs
• Human trafficking is strictly prohibited 

Right to freedom of religion

• Every one is free to follow any religion or not not to follow any 
• However, government can impose restrictions to protect public order, morality and health
• Constitution has gauranted right to propagate one's religion but forbids forcible conversation 
• Government did not favour any religion. There is no state religion

Cultural and educational rights

• Right of minorities to follow their culture. They can set up their own educational institutions
• But it can only be followed if it doesn't harm national and personal interest

Right to constitution remedies

• Dr B R ambedkar called this right heart and soul of Indian constitution 
• The court can issue special orders known as writs

1. Habeas corpus Literal meaning of Habeas Corpus is 'to have the body of'. This type of writ is used when unlawful detention has occurred to enforce the fundamental right of individual liberty. When this writ is issued, a person or a authority who has arrested a another person has to bring that another person before the court.
2. Mandamus Literal meaning of Mandamus is 'we command.' This type of writ is used when a public official or public body or corporation or lower court or tribunal or even the government has not done the needed duty or refused to do. After this writ is issued, the duty needs to be resumed.
3. Prohibition:Literal meaning of Prohibition is 'to forbid.' This type of writ is used when a court which is in lower position i.e., the lower court exceeds its jurisdiction or un pursue a jurisdiction which is not possessed by it.
4. Certiorari:Literal meaning of Certiorari is 'to be certified' or 'to be informed.' This type of writ is used when a transfer of case which is pending in the lower courts or the order given by lower courts in a case needs to be quashed. This writ is issued on the basis of an excess of jurisdiction or lack of jurisdiction or error of law. After this writ is issued, mistakes in the judiciary are cured
5. Quo-Warranto:Literal meaning of Quo-Warranto is 'by what authority or warrant.' This type of writ is used when an illegal usurpation of a public office by a person is done. After this writ is issued, the legality of a claim of a person to office is enquired.

Apart from judiciary other mechanisms are also created such as National commission

Which include 5 members 

1. Former chief justice of supreme court
2. Former judge of supreme court
3. Former chief justice of high court
4. Member with knowledge of human rights
5. Member with knowledge of human rights

Directive principles of state policy

• The Directive Principles of State Policy (DPSPs) are a set of guidelines in the Indian Constitution that outline the ideals that the government should consider when making laws and policies. The DPSPs are found in Part IV of the Constitution, from Article 36 to Article 51. 
• The DPSPs are not enforceable by law, but they are important for shaping the country's social and economic policies. The Supreme Court has ruled that the DPSPs and Fundamental Rights should be interpreted together and in harmony
• Difference Between DPSP and FR

1. Enforcement: Fundamental rights are enforceable in court, but DPSP are not.
2. Purpose: Fundamental rights protect individuals, while DPSP ensure the well-being of society.
3. Role: Fundamental rights restrain the state, while DPSP prompt the state to act. 

• Many times DPSP contradicted with fundamental rights
• Ex zamindari abolition bill and Right to property which was fundamental right before 1978
• This controversy was solved by kesavananda Bharti case 
• In 1973 SC gave decision that Right to property is not basic part of constitution and thus can be amended
• Finally by 44 th amendment in 1978 it was removed from fundamental rights and added to legal rights under article 300 a
• By 42 nd amendment 1976 fundamental duties were added to constitution 

Directive principles include 

• Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities
• Promotion of international peace
• Uniform civil code
• Prohibition of liquor
• Promotion of cottage industries
• Promotion of village panchayat
• Prevention of slaughter of useful cattle 
• Right to adequate means of livelihood for all citizens
• Equitable distribution of material resources of the community for the common good
• Prevention of concentration of wealth and means of production
• Equal pay for equal work for men and women
• Right to work
• Childhood care and education to children below age of six years

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