RIGHTS IN THE INDIAN CONSTITUTION
Q1 What is the definition of rights according to Laski?
Ans. ‘Rights are the conditions of social life without which no man can be at his
best."
Q2 Write a note on evolution of rights?
Ans. -The French Revolution of 1789 issued the declaration of Rights of Men. It said
'All men are born equal and they have equal rights.
- American Congress made 10 amendments in the const. and Included the rights
under the heading "Bill of Rights.
-On December 10, 1948, UNO had given Universal Declaration of human
rights
Q3.What is the need and importance of rights?
Ans. Rights help to shape the human personality. - They preserve the human
dignity and promote social progress and freedom.
Rights check the arbitrary power of govt- The FR check the parliament , state
assembly and the executive from misusing their power
-They help in establishing social, political and economic justice.
-They protect and preserve the rights of the minorities.
Rights are enforceable by the courts- People can move to the HC and SC for the
enforcement of various rights through various writs.
Q.4.What are the features of Fundamental Rights?
Ans. 4 -They are in Part III from Aut. 12 to 35.
- They are justiciable (Art. 32 and 226). If the central or state govt. or any individual
tries to take away your FRs, you can move to the court.
-They can be suspended- In case of emergency (Art.352) and to maintain the unity
of the country.
-Reasonable restrictions can be imposed, for for the security of the country,
maintenance of law and order and for the protection of rights of minorities
Q5. Give the classification of Fundamental Rights?
Ans 5. RIGHT TO EQUALITY (Art. 14-18)
a) Equality before law(Art. 14) - Every person is guaranteed equal protection of law
within the territory of India and same punishment is to given for the same crime to
every citizen.
b) Prohibition of Discrimination (Art 15).-State will not discriminate against any
citizen on the ground of religion, caste, gender, place of birth and they will not be
denied access to public places which. are maintained by the state.
Exceptions -
→ Special provisions can be made for women and children.
→ Special provisions can be made for the upliftment of SC and ST..
(c) Equality of opportunity in matters of public employment to all the citizens (Art. 16)
Exceptions:
- State may reserve seats for backward classes having inadequate representation in
the state.
- Parliament may make laws prescribing qualifications related to the residents for
state employment.
d) Abolition of untouchability (Art 17) - It has been abolished from India and its
practise has been abolished (forbidden in any form).
e) Abolition of Titles (Art 18) - No citizen can take up the title of "Raja", "Rai
Bahadur", "Khan Bahadur or Sir after independence. The citizens can be provided
with titles for the services done by them for the country
Example-Padma Shri, Shaurya Veer Chakra, Dr. Prof,Major,General .
RIGHT TO FREEDOM (Art. 19-22) a) Article 19: Bunch of six freedoms.
i) Freedom of speech and expression - RTI was included in it in 2005
ii) Freedom to assemble peacefully without arms.
iii)Freedom to form associations and unions,
iv) Freedom to travel in any part of the country.
v) Freedom to reside and settle in any part of the country.
vi) Freedom to practise any profession or any trade or business
Article 20. Rights of the accused
- No person shall be punished except for violation of law.
-. No person shall be punished for the same offence more than once.
- No person shall be forced to stand as a witness against himself.
Article 21 Right of life and personal liberty:
- No person shall be deprived of life except according to procedure established by
law.
- By the 88th amendment, free & compulsory education to all children below the age
of 14.
Article 22 Safeguards of arrested person:
- No person can be arrested without being informed about the reason of arrest.
- The concerned person has a right to consult lawyer of his choice
- The arrested person shall be produced before the nearest magistrate within 24 hrs
of arrest..
RIGHT AGAINST EXPLOITATION (Aut, 23-24)
a) Prohibition of trafficking and selling of humans (Art. 23)
- This article prohibits selling and buying of humans, especially girls and women. It
also bans begar or forced labour.
-The supreme court has given a verdict that payment of less than minimum wages is
forced labour.
b) Prohibition Child labour (Art. 24).
-No child under age of 14 shall be employed in factories. industries, mines and other
types of work.
RIGHT TO FREEDOM OF RELIGION (Art. 25-28)
a) (Art. 25) Freedom to express and profess any religion. Every Indian citizen
has the right to preface practice any religion but they cannot say anything
against any other religion for public order .
b) (Art 26) Freedom to manage religious affairs. The constitution guarantees the
freedom to maintain religious affairs. for religious and charitable purposes.
c) (Art 27) No tax for any religion- No tax will be taken for the maintenance of any
religion
d) (Art 28) Ban on religious instructions - No religious instructions shall be provided
in any Institutions maintained by government or government funds
[CULTURAL AND EDUCATIONAL RIGHTS (Art 29-30).
a) (Art 29) Conserve language, script and culture: It gives rights to the minorities to
conserve their distinct language, script and culture . Minorities shall not be denied
admission into educational institutions maintained or aided by the state.
b) (Art 30) Establish educational institution - It gives the minorities the sight to
establish and administer institutions of their choice. Similarly, while granting financial
aid to minority institutions, the govt. shall not discriminate on any grounds.
ARTICLE 31 : RIGHT TO PROPERTY : Has been made as an ordinary right with
44th Amendment Act 1978
RIGHT TO CONSTITUTIONAL REMEDIES (Art. 32).
This article guarantees the right to move to the SC. Under Act_ 226, a person can
move to the HC for enforcement.of his fundamental Rights. This Article has 5 writs :-
1. Writ of Habeas Corpus - It comes from the Latin word which says, ‘You may have
the body ' It is a remedy for a person wrongfully detained by the state. If the cause of
arrest is insufficient. ,the court will order his release
2 Writ of Mandamus- It comes from the Latin word meaning ‘We command 'The writ
is issued when a person files a petition. against any public official or unit which is
not. Is Performing his duties. The court will order the concerned officer to perform his
duty.
3. Writ of Prohibition-This writ is issued to subordinate courts, to limit their authority.
It prevents the inferior court from exercising their powers which are legally not vested
in them.
4. Writ of Quo Warranto-This writ is issued directly against a person who has
wrongfully taken up an office. It calls upon. to show under what authority he holds
that office.
5. Writ of certiorari - “It means to be fully informed". By this writ the lower court is
asked to hand over the record of a particular case to the higher court.
Q6. What are the criticisms or limitations of the fundamental Rights??
Ans Dr.Ambedkar has called FRs as the “heart and sout" of the constitution but still
they are not free from criticism.
i) The constitution does not guarantee the rights to work and right to economic
security under FRs
ii) The language and the words of the FRs are so complicated that they can be
understood only by the lawyer and it is called lawyer's paradise...
iii) The Right to life and liberty is restricted by a no. of clauses like public order and
security of the state. Similarly there is a provision of preventive detention and the
suspension of "Fundamental Rights in times of emergency.”
