Class 9 Social Science Democratic Rights Exam Notes. Please refer to the examination notes which you can use for preparing and revising for exams. These notes will help you to revise the concepts quickly and get good marks.
Fundamental Rights
Meaning of Fundamental Rights :
The Fundamental Rights are those basic condition which are considered essential to be provided to a person for his all-round development. After the inclusion of the Bill of Rights in the U.N. Charter, it has become obligatory for all the member-states of the United Nations to ensure these basic conditions to their respective citizens. These conditions, which are recognised as the primary requirements for the balanced development of a person, are commonly called the ‘Fundamental Rights’.
Significance or importance of the Fundamental Rights :
Fundamental Rights have a special significance or importance of their own, especially for the Indians who remained under foreign rule and oppression for a long time.
1.Fundamental Rights provide those conditions which are essential for the all-round development of human personality.
2.They ensure all such freedoms to an individual which make his life happy and worth living.
3.They provide equality of status and opportunity to every citizen.
4.They save him from exploitation on the part of the state or any individual.
In Short, we can say that the Fundamental Rights offer the best fruits of democracy and provide the best opportunities for self-development.
Special Features or Characteristics of the Fundamental Rights :
Like almost all the constitutions of the civilized states of the world, the Constitution of the Republic of India has also a chapter on the Fundamental Rights. It is embodied in Part III of the Constitution under Articles 12 to 35.
The inclusion of the Fundamental Rights in the Constitution itself has a special importance of its own for a country like India. During the long spell of foreign rule, The Indian polity had degraded into despotic rule by the bureaucracy. Nepotism, favouritism, etc. had been the order of the day. Citizens were disgraced and demoralised. In order to restore dignity to the citizens and to save them from executive excesses, the framers of our Constitution thought it proper to enshrine Fundamental Rights in the Constitution.
Our Fundamental Rights have certain peculiar features which are given as under :
1.Our Fundamental Rights are Universal : The Fundamental Rights enshrined in our Constitution are bestowed upon each and every citizen of the Republic without any consideration of religion, caste, creed, colour or sex.
2.Not Absolute : Our Rights are not absolute. There are certain restrictions imposed on each of them. These restrictions have been imposed as a safeguard against encroachment by others upon the similar rights of one or more citizens.
3.Justiciable : If at all, there is an encroachment of the Rights by the State, a person or a body of persons, we have been given the right to knock at the doors of the judiciary and get them redressed. legislature in the country can be struck down by the court, if it abridges any of the Fundamental Rights guaranteed by our Constitution.
4. Comprehensive : The Fundamental Rights have a comprehensive approach. They tend to safeguard our social, economic, cultural and religious interests very zealously.
5. Suspendable : The Fundamental Rights of the citizens of India can be suspended in the event of a National Emergency in the interests of the safety and integrity of our country.
→CLASSIFICATION OF FUNDAMENTAL RIGHTS OR FUNDAMENTAL RIGHTS
GUARANTEED TO THE CITIZENS OF INDIA
Our Constitution in the beginning bestowed seven Fundamental Rights on us. They were :
1. Right to Equality
2. Right to Freedom
3. Right Against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Right
6. Right to Property
7. Right to Constitutional Remedies
1. Right to Equality (Articles 14 to 18) : First through the feudal system and then by the British rule, a class of so-called high-ups was created in India. The age-old caste system had caused the cancer of untouchability in the Indian social life. Right to Equality seeks to undo these wrongs under the provisions of Articles 14 to 18 of the Constitution.
Article 14 establishes equality before law and equality in protection by law irrespective of status, caste, creed, religion, sect, sex or colour.
Article 15 prohibits any sort of discrimination among the citizens of the Republic on all or any of the grounds mentioned in the case of Article 14 as stated above. This provision does not prevent any State or Central Government from making provisions for the uplift of economically, socially or educationally backward sections of a particular state cannot be made a condition for appointment to a particular job under the Government.
Equality of opportunity in all fields of public life is guaranteed by Article 16 of the Constitution of the Republic of India. No individual can be discriminated against on grounds of caste, religion, sect, race, sex or place of birth in public appointments. However, this article does not restrict the reservation of posts for the Scheduled Castes and the Scheduled Tribes.
Practising of untouchability in any form has been made an offence punishable by law. Thus Article 17 has virtually erased the age-long slur on the face of Indian social order.
Lastly, Article 18 puts an end to all titles like ‘Rai Sahib’, ‘Khan Bahadur’, ‘Sardar Bahadur’, etc. This article prohibits the State from awarding such titles. This has been done because conferring such titles goes against the spirit of social equality. Only military and academic degrees can be conferred.
However, no individual, according to the 42nd Amendment Act, 1976, can move the court if his right to equality is abridged to implement the Directive Principles of State Policy.
2. Right to Freedom (Articles 19 to 22) : Various kinds of individual and collective freedoms have been guaranteed to the citizens of the Republic of India under Articles 19 to 22 of the Constitution. Although the freedoms guaranteed under these Articles are regulated through certain restrictions for the sake of public interest and safety of the State, yet they go a long way in making India a really democratic polity. The Right to Freedom is actually a cluster of several rights. Some of the most important rights guaranteed under the Right to Freedom are as follows :
(a) Right to Freedom of Speech and Expression : This right allows the citizens to discuss freely all matters concerning public as well as national well-being orally or through the press. But this right cannot be used for slandering others, for jeopardising the safety and integrity of the State or for inciting violence.
(b) Right to Assemble Peacefully and without Arms : This right is necessary for the exchange of views and propagation thereof. But the assembly should invariably be peaceful and should not pose a danger to law and order.
(c) Right to Form Associations or Unions : To safeguard individual as well as collective interests of the citizens, this right has been guaranteed by the Constitution. Restrictions, however, can be imposed against such unions or associations if they tend to pose a danger to the safety of the State or indulge in immoral and illegal activities.
(d) Right to Free Movement : Every citizen of India is entitled to free movement throughout the territory of India with the exception that this freedom does not apply to private buildings and estates. This right further implies that no person can be detained or imprisoned without the express sanction of law. Restrictions, however, can be imposed on this freedom by the State in public interest.
(e) Right to Reside and Settle in Any Part of the Territory of India : A citizen of the Indian Republic can choose to reside in any part of the country with the only limitation that it should not go against the interests of the weaker sections of the society. He can purchase, keep, transfer or dispose of property in any part of the country except in the State of Jammu and Kashmir, where it is prohibited for citizens other than those of the state itself. Further, the State can acquire the property of any citizen for public use.
(f) Right to Practise Any Profession or to Carry on Any Occupation : The Constitution of India bestows on every citizen of India the right to practise any profession or carry on any occupation but such profession should not be detrimental to public interest or moral ethics of the society, i.e., traffic in women or children, smuggling, etc. cannot be allowed.
♦ Limitation : The Right to Freedom is not, however, absolute. In the interests of the sovereignty and integrity of India, the security of the State, public order, decency or morality, certain limitations can be imposed on the exercise of this right and sometimes a person can be detained and even arrested. Various laws passed by the Parliament like ‘MISA’ (Maintenance of Internal Security Act), ‘ESMA’ (Essential Services Maintenance Act), Preventive Detention Act, have imposed certain restrictions on the exercise of this Right to Freedom.
♦ Protection against Arrest and Detention :
But here too, the Constitution has imposed certain restrictions upon the unabridged powers of the Government in the interest of individual liberty. Article 22 of the Constitution gives certain rights to the individuals who are arrested :
(i) A person, who is arrested under ordinary circumstances, has got the right to be informed the ground of his or her arrest.
(ii) Such an accused person shall have the right to defend himself by a lawyer of his choice.
(iii) The accused person shall be produced before a Magistrate within 24 hours of his arrest and he shall not be detained under custody without an order by the court.
(iv) No person shall be prosecuted and punished for the same offence more than once.
(v) No person accused of an offence shall be compelled to be a witness against himself.
However, a person arrested under the Prevention Detention Act, can be detained for a period - three months even without trial in a court of law. Such a thing is necessary for the security and integrity of the country. But the interests of even such a person, detained under the Preventive Detention Act, have been fully safeguarded. As soon as it may be possible, the Government must inform such a person the grounds on which he has been detained. Then he should be afforded every opportunity to make a representation against such a detention. Again, such a person cannot be detained for more than three months unless an Advisory Board comprising of persons qualified to be the Judges of the High Court advise for further detention.
3 . Right Against Exploitation (Articles 23 to 24) : The Constitution under Articles 23 and 24 puts a firm end to such exploitation as forced labour, beggary, traffic in women and children and unjustified underpayment.
This right also prohibits employment of children below 14 in mines, factories and other occupations fraught with danger. Bonded labour in any form has also been made illegal.
4. Right to Freedom of Religion (Articles 25 to 28) : India is a secular State. Articles 25 to 28 of the Constitution confer on the people of India the following freedoms :
(a) to follow any religion of their choice,
(b) to practise it according to their specific ways, and
(c) to preach it
The only restrictions on this right is that nothing should be done to malign or incite reaction among the followers of other religions.
5. Cultural and Educational Rights (Articles 29-30) : All groups, sects, and linguistic minorities in the country have been granted the right to safeguard their culture, language and script. They can open their own educational institutions for this purpose and can teach their tuitions for this purpose and can teach their children accordingly. But it has been made obligatory on such institutions to give admission to any student desirous of joining them. Such students could not be forced to learn what does not fit in their own cultural frame-work. It has been clearly laid down that “No person shall be denied admission into any educational institution run by the State or aided by the State on ground of religion, race, caste, sex or language.”
6. Right to Constitutional Remedies (Article 32) : Article 32 of the Constitution of India confers upon the citizens the Right to Constitutional Remedies which implies that every citizen is entitled to move the Supreme Court, any of the High Courts or any other court authorised by the Parliament for that purpose if this or her Fundamental Right/Rights are encroached upon, abridged or snatched away by the State, a person or a body of persons. The courts have been vested with the powers to issue orders, directions and writs in order to protect the rights of the complainants. Most eminent of the writs are -Habeas Corpus,
Mandamus, Prohibition, Quo-Warranto and Certiorari.
GLOSSARY
1. Begar : Forced labour. The practise of working free for landlords or other powerful people.
2. Fundamental Rights : These are the basic human rights which are given to every citizens in a democracy for the development of their personality. These rights are guaranteed by the constitution.
3. Constitutional Rights: Constitutional means of remaining or redressing grievances. A settlement through courts.
4. Justiciable : A case which can be examined in a court of law.
5. Preventive Detention : Taken into custody by the police on grounds of fear of breach of the peace.
6. Writs : A written document by which a court asks to do something. Under the Right of constitutional Remedies, the court issues five types of writs called quo warranto, habeas corpus, mandamus, prohibition and certiorari.
7. Rights : Rights are the reasonable claims of persons recognised by society and sanctioned by law.
8. Amnesty International : It is an independent international organisation of volunteers who campaign for human rights. It highlights violation of human rights on over the world.
9. Claim : A demand for legal or moral entitlement which a person makes of fellow citizens, society or the government.
10. Covenant : A promise made by individuals, groups or countries to uphold a rule or principle.
11. Dalit : A person belonging to a low caste also known as scheduled castes and depressed classes.
12. Ethnic Group : A group of people who share a common ancestry. They are bound together by common cultural practices, religious beliefs and historical memories.
13. Human Trafficking : Buying or selling of men, women or children for immoral purposes.
14. Summons : An order issued by a court asking a person to appear before it.
EXERCISE
A. VERY SHORT ANSWER TYPE QUESTIONS
Q.1 Why are the rights guaranteed by the Indian Constitution called Fundamental Rights ?
Q.2 State two rights mentioned under the Right against Exploitation.
Q.3 State two constitutional provisions for the protection of women and children in India.
Q.4 State any two exceptions to the right to equality.
Q.5 Which is the most important Right and why ?
Q.6 When and by whom can Fundamental Rights be suspended ?
Q.7 What are the limitations on our Fundamental Rights ?
Q.8 Mention two limitations to the exercise of the right of Freedom of Speech and Expression ?
Q.9 Why has the practice of according ‘titles’ been abolished by the constitution ?
Q.10 What is meant by ‘Preventive Detention’ ?
Q.11 Which fundamental rights are deleted from the list of Fundamental Rights by the 44th Amendment ?
Q.12 What is meant by ‘Public Interest Litigation’ ?
Q.13 Mention two rights which are important constitutional rights but not Fundamental Rights ?
Q.14 What is the meaning of Fundamental Rights ?
Q.15 What is a begar ?
Q.16 What is the need to mention rights in the country’s constitution ?
Q.17 Can the Fundamental Rights guaranteed by the constitution be suspended ?
B. SHORT ANSWER TYPE QUESTIONS
Q.1 Explain the Right to Equality enjoyed by the citizen of India ?
Q.2 ‘India is a secular state’. Explain.
Q.3 Write a short note on Cultural and Educational rights.
Q.4 What do you understand by the Right to Constitutional Remedies ?
Q.5 Define Fundamental Rights and discuss their importance in a democracy ?
Q.6 Mention the new rights given to the citizens under the South African Constitution ?
Q.7 When was National Human Rights Commission setup ? What is its composition ? What are its functions ?
Q.8 What are the powers given to the Human Rights Commission to carry out its enquiries ?
Q.9 What restrictions have been placed upon an individual’s Right to Freedom ?
Q.10 What role do Rights play in a democracy ?
Q.11 What was the main cause of conflict in Kosovo ?
Q.12 What is the position of citizens with regard to their government in Saudi Arabia ?
Q.13 Where is Guantanamo Bay? Why was a prison set up.
Q.14 How have prisoners been treated in Guantanamo Bay ?
Q.15 What safeguards are provided against arbitrary arrest and detention ?
Q.16 Mention any two exceptions to the Right to equality.
Q.17 What are the major functions of National Human Rights Commissions ?
C. LONG ANSWER TYPE QUESTIONS
Q.1 “The Right to Freedom is actually a cluster of several rights.” Discuss.
Q.2 What are the chief characteristics of the Fundamental Rights ?
Q.3 Mention the Fundamental Rights given in the Indian Constitution ?
Q.4 Write about Fundamental Duties. Why have they been included in the constitution ?
Q.5 What Rights have been recognised by the International Covenant on Economic, Social and Cultural Rights ?
D. MULTIPLE CHOICE QUESTIONS
Q.1 Which is the most important right ?
(A) Right to equality
(B) Right to freedom of speech
(C) Right to constitutional Remedies
(D) Right to freedom of religion
Q.2 When can Fundamental Rights be suspended ?
(A) During emergency
(B) During normal condition
(C) During natural disasters
(D) During all above condition
Q.3 Who can suspended the Fundamental Rights ?
(A) State Government
(B) President
(C) Election Commission
(D) Central Government
Q.4 Which Fundamental Right was deleted from the list of fundamental Rights by the 44th Amendment ?
(A) Right to freedom
(B) Right to equality
(C) Right to property
(D) None of these
Q.5 Where is Guantanamo Bay ?
(A) Near England
(B) Near Cuba
(C) Near Vietnam
(D) In U.S.A.
Q.6 Guantanamo Bay is controlled by ?
(A) By American Navy
(B) By France Navy
(C) By U.K. Navy
(D) All of them
Q.7 In which country the testimony of one man is considered equal to that of two women -
(A) Turkey
(B) Iran
(C) Iraq
(D) Saudi Arabia
Q.8 Which of the following rights is available under the Indian Constitution ?
(A) Right to work
(B) Right to adequate livehood
(C) Right to protect one’s culture
(D) Right to privacy
Q.9 Right against exploitation under article......says no child below the age of 14 will be employed in any hazardous occupation -
(A) 23
(B) 24
(C) 25
(D) 26
Q.10 When was the National Human Rights Commission (NHRC) setup -
(A) 1992
(B) 1993
(C) 1994
D) 1995
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