11th class political science Chapter 2: Rights in the Indian Constitution

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11th class political Science Notes (English medium)

📘 Chapter 2: Rights in the Indian Constitution

1. Meaning and Importance of Rights

  • Rights = Claims of individuals, recognized and protected by society & law.
  • Rights become meaningful only when guaranteed by the Constitution.
  • They protect individuals from the arbitrary actions of the state.
  • In a democracy, rights ensure that citizens can express themselves, form associations, and live with dignity.

📌 Example cases:

  • 1982 Asian Games case: Workers paid less than minimum wages → Supreme Court ruled it as forced labour.
  • Machal Lalung case: Man imprisoned for 54 years without trial → violation of Right to Life.

2. Bill of Rights

  • A Bill of Rights is a list of basic rights of citizens, guaranteed by the Constitution.
  • In India → known as Fundamental Rights (Part III, Articles 12–35).
  • Enforceable in court → Judiciary can protect citizens if rights are violated.

3. Fundamental Rights – Detailed

(a) Right to Equality (Articles 14–18)

  • Equality before law and equal protection of laws.
  • No discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Equality of opportunity in public employment.
  • Abolition of untouchability (Art. 17).
  • Abolition of titles (except military/academic).

(b) Right to Freedom (Articles 19–22)

  • Article 19: 6 freedoms –
    1. Speech and expression
    2. Assembly peacefully
    3. Association/Union
    4. Movement within India
    5. Residence in any part of India
    6. Profession, occupation, trade, business
  • Article 20: Protection in respect of conviction (no double punishment, no retrospective punishment).
  • Article 21: Right to life and personal liberty.
    • Expanded meaning by SC: clean environment, education, legal aid, speedy trial.
  • Article 22: Protection against arbitrary arrest & preventive detention (max 3 months without Advisory Board’s approval).

(c) Right against Exploitation (Articles 23–24)

  • Prohibition of human trafficking & forced labour (begar).
  • Prohibition of employment of children below 14 years in hazardous industries.

(d) Right to Freedom of Religion (Articles 25–28)

  • Freedom of conscience, practice, propagate any religion.
  • Right to manage religious affairs.
  • Freedom from compulsory religious instruction in state schools.
  • Secular state: No official religion.

(e) Cultural and Educational Rights (Articles 29–30)

  • Right of minorities to conserve language, script, culture.
  • Right to establish and administer educational institutions.

(f) Right to Constitutional Remedies (Article 32)

  • Citizens can approach the Supreme Court or High Courts to enforce rights.
  • Courts can issue Writs:
    • Habeas Corpus → produce person before court.
    • Mandamus → order govt. to perform duty.
    • Prohibition → forbid lower court from acting beyond power.
    • Certiorari → transfer a case to higher court.
    • Quo Warranto → question authority of a person holding office.

📌 Called the “heart and soul of the Constitution” (Dr. Ambedkar).

4. Directive Principles vs Fundamental Rights

  • DPSP (Part IV): Guidelines for state → social & economic democracy.
  • Not enforceable by courts, but aim to build welfare state.
  • Fundamental Rights: Justiciable & enforceable in courts.

🔑 Conflict Example:

  • Right to Property (originally a Fundamental Right).
  • To implement land reforms, it was moved to legal right (Art. 300A) by 44th Amendment (1978).

5. Landmark Case: Kesavananda Bharati vs State of Kerala (1973)

  • Supreme Court ruled: Parliament can amend the Constitution, but cannot alter the “basic structure” (democracy, secularism, rule of law, judicial review).
  • Ensured Fundamental Rights & core principles remain protected.

6. Significance of Fundamental Rights

  • Protect human dignity.
  • Safeguard against dictatorship or arbitrary rule.
  • Promote equality & secularism.
  • Strengthen democracy.

📝 Summary Points

  • 6 Fundamental Rights: Equality, Freedom, Against Exploitation, Religion, Cultural & Educational, Constitutional Remedies.
  • Bill of Rights = Heart of democracy.
  • Judiciary = protector of rights.
  • DPSPs guide governance but are non-justiciable.
  • Basic Structure doctrine prevents destruction of core values.

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