Rights in the Indian Constitution Class 11 Polity Notes

Rights in the Indian Constitution Class 11 Notes: Political Science is an important subject in the CBSE Class 11th exam. So students are advised to prepare accordingly to score well in Political Science.

Political Science sometimes seems complex but at the same time, It is easy to score well in Political Science. So, We have created the complete Rights in the Indian Constitution Class 11 Notes for you to prepare this chapter for the CBSE Class 11th exam 2024.

Our Class 11 Political Science Note is based on the NCERT Pattern and the latest syllabus. Take the help of our chapter-wise CBSE class 11th Political Science notes to ace the CBSE class 11 exam.

Rights in the Indian Constitution Notes

These notes help us understand the special rules called “rights” in our Indian Constitution. Rights are like promises made to every person by the government to protect their freedoms and ensure fairness for all.

What is the “Bill of Rights”?

In our Constitution, we have something special called the Bill of Rights. It’s like a list of promises the government makes to protect our freedoms. In a democracy, it’s super important that everyone has rights and the government respects them all the time.

The Bill of Rights stops the government from doing anything that goes against our rights. And if our rights ever get violated, it’s like having a safety net because we can ask for help, and there’s a way to fix it.

These special rights are described in Articles 12 to 35 of our Constitution, which is in Part 3. This part is so important that it’s often called the Magna Carta of India, showing just how vital these rights are for all of us.

Fundamental Rights In the Indian Constitution

The idea of having a Bill of Rights was put forward way back in 1928 by the Motilal Nehru committee. When our Constitution was made, it listed certain rights that were considered super important and called them Fundamental Rights. They’re so crucial that the Constitution has a special section just for them, with extra protections to make sure they’re always respected.

Ordinary Rights & Fundamental Rights

Ordinary legal rights are protected and enforced by regular laws. These laws can be changed by the government through the usual process of making new laws.

On the other hand, Fundamental Rights are protected and guaranteed by the country’s constitution. They can’t be changed easily; you’d have to change the Constitution itself to do that.

The judiciary, which includes our courts, has a big role in making sure Fundamental Rights are respected. If the government or anyone else tries to violate these rights, the judiciary can step in and say it’s not allowed. This helps to keep our rights safe and fair for everyone.

Fundamental Rights

Article 14: Everyone is equal before the law, and no one can be unfairly treated by the government.

Article 15: Discrimination based on religion, race, caste, sex, or birthplace is not allowed.

Article 16: Everyone has the right to use public places like shops, roads, and parks equally. They also have the right to get the same opportunities for jobs in the government.

Article 17: Untouchability, which means treating certain people as lower than others, is not allowed.

Article 18: Titles like “Sir” or “Madam” that show someone is more important than others are not allowed.

Right to Freedom: (Articles 19 to 22)

Article 19: Citizens have the freedom to express themselves, assemble peacefully, form groups, move around the country, live anywhere in India, and work in any profession.

Article 20: People have protection against unfair punishment if they are accused of a crime.

Article 21: Everyone, whether they are citizens or not, has the right to live freely and safely.

Article 22: People can’t be arrested or held in jail without a good reason.

Right against Exploitation: (Article 23 & 24)

Article 23: It’s illegal to force people to work or trade them like goods.

Article 24: Children can’t be made to work in dangerous jobs.

Right to Freedom of Religion: (Article 25 to 28)

Article 25: Everyone can follow their own religion and share it with others.

Article 26: People have the right to manage their own religious practices.

Article 27: No one can be forced to pay taxes to support a particular religion.

Article 28: People can choose to learn about and practice their religion in certain schools.

Cultural and Educational Rights: (Article 29 & 30)

Article 29: Every community has the right to protect its language, culture, and traditions.

Article 30: Minority groups can create and manage their own schools and colleges.

Right to Constitutional Remedies: (Article 32)

Article 32: If someone’s rights are being violated, they can go to court to get help and protection.

Overview of Rights

The Constitution allows the government to introduce special programs and initiatives aimed at improving the conditions of specific groups in society, such as children, women, and the socially and educationally backward classes.

Article 16(4) explicitly states that policies like reservation, which aim to provide opportunities to disadvantaged groups, do not violate the right to equality.

These provisions align with the spirit of the Constitution, ensuring that everyone has an equal opportunity. However, certain restrictions are placed on fundamental rights to maintain public order, peace, and morality.

For example, while freedom of speech and expression is guaranteed, it is subject to restrictions to maintain public order. Similarly, the right to assemble peacefully can be restricted in certain areas to prevent unlawful gatherings.

What is Preventive Detention?

Preventive detention occurs when a person is arrested based on the suspicion that they might engage in unlawful activities. It allows for the arrest of individuals without formal charges and detention for up to three months.

The government may detain or arrest individuals if it believes they pose a threat to law and order or the peace and security of the nation.

The Jammu & Kashmir Public Safety Act, 1978 is an example of a preventive detention law used to prevent individuals from engaging in activities that could threaten the security of Jammu & Kashmir.

What are the Rights of the Accused?

To ensure fair trials in courts, the Constitution has provided three important rights:

1. Protection against Double Jeopardy: No person can be punished more than once for the same offense.
2. Protection against Retroactive Laws: Laws cannot declare actions illegal retrospectively, meaning they cannot be applied to past actions.
3. Right against Self-Incrimination: Individuals cannot be compelled to testify against themselves in court proceedings.

What are the limitations on the ‘Freedom of Religion’?

Freedom of religion includes the freedom of conscience, allowing individuals to choose any religion or opt not to follow any religion at all. It also includes the liberty to profess, follow, and propagate any religion of one’s choice.

However, there are limitations to this freedom:

1. The government can impose restrictions to safeguard public order, morality, and health, ensuring that religious practices do not disrupt societal harmony.
2. This freedom is not absolute and may be subject to reasonable restrictions.
3. Government intervention in religious matters is permissible to eradicate certain social evils, such as forced conversions.
4. The Constitution prohibits forcible conversions, ensuring that individuals are not coerced into changing their religion against their will.
5. Individuals have the right to share information about their religion and attract others to it, within the bounds of societal norms and legal restrictions.

Cultural & Educational Rights

Our Constitution recognizes the importance of diversity, considering it as a strength of our nation. Hence, it safeguards the rights of minorities as one of the fundamental rights.

Status of Minorities:

1. Minority status is not solely based on religion but also includes linguistic and cultural factors.
2. Minorities are social groups with a common language or religion, who are outnumbered by other groups in a specific region or across the country.
3. They possess their unique culture, language, and script, and have the right to preserve and enhance these aspects.
4. Both religious and linguistic minorities are entitled to establish their own educational institutions.
5. The government is prohibited from discriminating against any educational institution managed by a minority community while providing aid to educational institutions.

Right to Constitutional Remedies

The right to constitutional remedies as a crucial mechanism for exercising and safeguarding fundamental rights.

Dr. Ambedkar regarded this right as the ‘heart and soul of the constitution’ because it empowers citizens to approach a High Court or the Supreme Court to restore any violated fundamental rights.

The Supreme Court and High Courts have the authority to issue orders and directives to the government, ensuring the enforcement of rights as per the Constitution.

The Courts can Issue Various Special Orders known as Writs

Writs	Description
Habeas Corpus	The court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
Mandamus	When the court determines that a particular office holder is failing to perform their legal duties, thereby violating the rights of an individual.
Prohibition	Issued by a higher court, such as the High Court or Supreme Court, to prevent a lower court from exceeding its jurisdiction in a case.
Quo Warranto	If the court finds that a person is holding office but is not entitled to hold that office. It restricts that person from acting as an officeholder.
Certiorari	This court order compels a lower court or another authority to transfer a pending matter to a higher authority or court for review.

Directive Principles of State Policy

The constitution makers envisioned that the government and the people would both uphold certain guidelines for the betterment of society. To ensure this, a separate list of policy guidelines was included in the Constitution, known as the Directive Principles of State Policy.

Need:

Independent India faced numerous challenges, including the task of ensuring equality and well-being for all citizens. The constitution makers believed that specific policy directions were necessary to address these issues. However, they did not want future governments to be bound by rigid policy decisions.

Non-justiciable:

Although these guidelines were incorporated into the Constitution, they were not made legally enforceable. This means that they are not subject to enforcement by the judiciary.

Directive Principles Include:

The chapter on Directive Principles primarily lists three things:

1. The goals and objectives that society should adopt.
2. Certain rights that individuals should enjoy, in addition to the Fundamental Rights.
3. Certain policies that the government should adopt.

Examples of Directive Principles Implementation:

Governments have implemented various measures to give effect to the Directive Principles. For instance, they have passed zamindari abolition bills, nationalized banks, enacted factory laws, and established minimum wage standards. Other efforts include initiatives like the right to education, the formation of Panchayati raj institutions nationwide, and the implementation of schemes such as the mid-day meal program.

National Human Right Commission (NHRC)

The National Human Rights Commission (NHRC) is a vital institution established by the government in 1993 to uphold and protect human rights in India. Comprising esteemed members with legal expertise, including former justices of the Supreme Court and High Courts, the NHRC plays a crucial role in ensuring the implementation of human rights standards.

Functions of the NHRC include:

1. Inquiry into Complaints: The NHRC has the authority to conduct inquiries, either independently or in response to petitions filed by victims, regarding alleged human rights violations.
2. Jail Visits: It conducts visits to correctional facilities to assess the conditions of inmates and ensure they are treated in accordance with human rights principles.
3. Research Promotion: The NHRC is actively involved in promoting research in the field of human rights, contributing to a deeper understanding of key issues and challenges.

Fundamental Duties

The fundamental duties in the constitution remind citizens that along with enjoying their rights, they also have responsibilities towards their country. They were suggested by the Swarn Singh Committee and were added to the Constitution through the 42nd Amendment Act in 1976, under Article 51 A.

Here are the fundamental duties:

• To abide by the Indian Constitution and respect its ideals, institutions, the National Flag, and the National Anthem.
• To cherish and follow the noble ideals that inspired the national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country.
• To promote harmony and the spirit of common brotherhood among all people, regardless of religious, linguistic, or regional differences, and to reject practices that demean women.
• To value and preserve the rich heritage of the country’s composite culture.
• To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion towards living creatures.
• To develop scientific temper, humanism, and the spirit of inquiry and reform.
• To safeguard public property and reject violence.
• To strive for excellence in all individual and collective activities, contributing to the nation’s progress and achievement.
• To provide opportunities for the education of one’s child or ward between the ages of six and fourteen years.

(This duty was added by the 86th Constitutional Amendment Act in 2002.)

FAQs on Rights in the Indian Constitution Class 11 Notes

What are fundamental rights in the Indian Constitution?

Fundamental rights are a set of rights guaranteed to the citizens of India by the Constitution. They ensure individual liberties and freedoms such as the right to equality, right to freedom of speech, right to life and personal liberty, and more.

How are fundamental rights protected in the Constitution?

Fundamental rights are protected and guaranteed by the Constitution itself. They can only be changed through a process of constitutional amendment, ensuring their stability and importance.

What is the significance of fundamental rights?

Fundamental rights play a crucial role in upholding democracy and ensuring the dignity and freedom of individuals. They act as a check on the government’s power, preventing any arbitrary actions that could infringe upon citizens’ liberties.

What happens if fundamental rights are violated?

In case of a violation of fundamental rights, individuals have the right to seek legal recourse through the judiciary. They can approach the courts to enforce their rights and seek justice against any unconstitutional actions by the government or other entities.

Can fundamental rights be restricted?

While fundamental rights are essential, they are not absolute. Certain restrictions can be imposed on them in the interest of public order, morality, health, or the sovereignty and integrity of India. However, these restrictions must be reasonable and cannot violate the core principles of the rights.