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