Class 11 POlitical Science Chapter 2 - Rights in Indian Constitution Notes

Lesson 2 - Rights in Indian Constitution

Notes

Rights in Indian Constitution

Right: -  Right is the right. What a common man needs in order to live the life that he demands.

Declaration of Rights: -

  • In most democratic countries, the rights of citizens are listed in the Constitution, such a list is called the Declaration of Rights. The demand for which was raised by Nehru in 1928.

Fundamental Rights in Indian Constitution: -

  • The demand for civil rights was repeatedly raised by the revolutionaries / freedom fighters during the independence movement of India. In 1928 also Motilal Nehru Committee raised the demand for a declaration of rights. After independence, most of these rights were listed in the constitution. The 44th constitutional amendment removed the right to property from the list of fundamental rights.

General Rights: -

  • Those rights which are enforced with the help of common laws and can be changed in these rights by making a law.

Fundamental Rights:-

  • The rights which are listed in the constitution and special provisions have been made for the enforcement of them. Their guarantee and safety constitutes itself. To change these rights, the constitution has to be amended. No part of the government can do anything against fundamental rights.
    The six fundamental rights described in Part Three of the Indian Constitution are as follows:
    1. Right to equality (Articles 14–18)
    2. Right to freedom (article 19-22)
    3. Rights Against Exploitation (Articles 23-24)
    4. Right to religious freedom (Articles 25–28)
    5. Culture and Education Related (29-30 Articles)
    6. Rights of constitutional remedies (Article 32)

Political philosophy of constitution

  • The philosophy of the Constitution refers to the basic concepts of the Constitution like rights, citizenship, democracy etc.
  • The ideals enshrined in the constitution like equality, freedom make us see the constitution.
  • Our constitution emphasizes that its philosophy should be implemented in a peaceful and democratic manner and that the values ​​on which the policies are framed, follow these moral basic concepts and achieve the objective.
  • Rights are required for the individual's personal development. These are the rights of Indian citizens as fundamental rights in Part Three of the Indian Constitution.
  • The list of rights conferred and protected by the Constitution is called 'Declaration of Rights', which was demanded by Nehru in 1928.

Our six fundamental rights

  1. Right to Equality (Articles 14-18)
  2. Right to freedom (article 19-22)
  3. Rights Against Exploitation (Articles 23-24)
  4. Right to religious freedom (Articles 25–28)
  5. Related to culture and education (29-30 articles)
  6. Right to Constitutional Remedies (Article 32)

Major Rights listed in the Constitution of South Africa: -

  1. Right to dignity |
  2. Right to privacy.
  3. Right to proper labor-related behavior.
  4. Right to health, environment and environmental protection.
  5. Right to proper accommodation.
  6. Right to health facilities, food, water and social security.
  7. child rights 
  8. Right to basic and higher education.
  9. Right to receive information.
  10. The right of cultural, religious and linguistic communities.

What are the Directive Principles of State Policy?

  1. In order to bring equality and welfare of all citizens in independent India, many rules were needed apart from fundamental rights. Under the Directive Principles of State Policy, similar policy directions have been given to governments, which cannot be challenged in the court, but the government can be urged to implement them. It is the responsibility of the government to the extent that it can be implemented.
  2. There are three main things in the list of key policy directive elements.
    1. The goals and objectives that we as a society should accept.
    2. Rights that citizens should get besides fundamental rights.
    3. Policies that the government should accept.

Fundamental Duties to Citizens: -

  • The List of Fundamental Duties of Citizens (Article-51 (a) has been incorporated by the 42nd Constitution Amendment in 1976. Under this, the ten fundamental duties of citizens are: -
  1. Obeying the constitution, honoring the national flag and the national anthem.
  2. Preserve and uphold the higher ideals that inspire the national movement.
  3. To protect the sovereignty, unity and integrity of India.
  4. To be ready for the defense and service of the nation.
  5. To build brotherhood among citizens.
  6. Understand and maintain the importance of the glorious tradition of our social culture.
  7. Protect the natural environment.
  8. Develop scientific outlook, humanism and the spirit of learning and improvement.
  9. Protect public property, make the Swachh Bharat Abhiyan a success and stay away from violence.
  10. Try to move towards Utkarsh in all areas of individual and group activities.

Relations between Directive Principles and Fundamental Rights: -

  1. Both are complementary to each other. While the Fundamental Rights ban certain functions of the government, the Directive Principles motivate them to do certain functions.
  2. Fundamental rights especially protect the rights of the individual, while the Directive Principles talk about the interest of the whole society.
Difference between Directive Principles and Fundamental Rights: -  Fundamental rights have legal support but Directive Principles do not have legal support. That is, you can go to court for violation of fundamental rights, but you cannot go to court for violation of directive elements.

Right to constitutional remedies: -

  • If fundamental rights are being violated, then the citizen can go to the Supreme Court. Courts can order the enforcement of fundamental rights, they are called writ or order. Such as habeas corpus, mandamus, injunction order, authority quash, inducement etc.
  • In the year 2000, the government has set up the National Human Rights Commission. On receiving complaints of violation of human rights, the National Human Rights Commission can investigate on its own initiative or on the petition of a victim.
  • The 42nd Amendment of the Constitution added 10 Fundamental Duties and the 86th Constitution Act 2002 added one more duty to 11.
  • The 44th constitutional amendment removed the right to property from the list of fundamental rights.
  • The Right to Education was added to 21-A by the 93rd Amendment (2002).
  • Directive principles are the principles that have been directed to keep the state in the ideal form, it is described in Part Four of the Constitution but they do not have the protection of the court.
  • Difference between Fundamental Rights and Directive Principles: - Fundamental rights are available to the citizens, limits can be imposed on them, they have legal protection.
    Directive elements of the policy are available to the states, no limitations, nor legal protection.


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