Democratic Rights

CHAPTER – 5 (Political Science )

Important Points

- Which country is ruled by a hereditary king, and the people have no role in electing or changing their rulers?- Saudi Arabia
- We need rights in a democracy - (a) For sustenance of a democracy (b) To protect minorities from the oppression of the majority
- Right to Freedom mean-  Freedom of speech and Expression 
 - ‘Begar’ mean-  Practice where the worker is forced to render service to the ‘master’ free of charge
- If anyone violate our Fundamental Rights we can directly approach to the  Supreme Court 
- Our constitution prescribes Fundamental Rights in -  Part III 
- Civil Rights are given to the Individual by the state 
- How many Fundamental Rights does the Indian Constitution Provide – 6
- The government is responsible for providing free and compulsory education to all the children up to the age of -14 years
- A formal document containing an order of the court to the government issued only by High Court or the Supreme Court – Writ
- 26 states in our country have Human Right Commission.
- A ‘Secular State’ means -  State have no religion 
- The RTI (Right to Information) Act was passed in the year -  15 June 2005 
- National Human Rights Commission (NHRC) was set up by law in the year – 1993
- Right to constitutional remedies was called ‘the heart and soul’ of constitution by Dr. B.R. Ambedkar 
- The NHRC was appointed by President
- What is amnesty international? - International human rights organisation. 

Questions & Answers

1. Name any two freedoms which you might be enjoying in India but which are not enjoyed by Saudi Arabian people?
Answer: 
1.	Political parties or any political organisations cannot be formed by citizens,
2.	People cannot report anything that the monarch does not like.
 
2.What is freedom?
Answer:
Freedom means absence of constraints. In practical life it means absence of interference in our affairs by others.

3. What is ‘Secularism’?
Answer: 
Secularism is based on the idea that the State is concerned only with relations among human beings and not with the relation between human beings and the God. Indian secularism practices an attitude of a principled and equal distance from all religions.

4.Why do we need Cultural and Educational rights?
Answer: 
It is language, culture and religion of minorities that needs special protection. Otherwise they may get neglected or undermined under the impact of the language, religion and culture of the majority.

5.Mention any three evils which have been declared illegal?
Answer: 
Trafficking human being, Forced Labour or Begar in any form or child labour. 

6. What is RTI?
Answer: 
It means Right to information. This Act was made under the Fundamental Right to freedom of thought and expression. Now, we have a right to seek information from government offices.

7.Why do we need rights in a democracy?
Answer: 
1.	In a democracy every citizen has the right to vote and the right to elect government.
2.	Rights to protect minorities from the oppression of majority.
3.	Rights are necessary to preserve human dignity and promote social development.
4.	Rights to provide civil liberties, which is an essential condition for democracy.
5.	Due to various significant rights the elected government can not misuse the power.

8. Define Fundamental Rights. Mention six Fundamental Rights provided in the Indian constitution. Show the importance of‘Right to constitutional Remedies’? 
Answer: 
(i) Some rights which are fundamental to our life are given a special status in the Constitution. They are called Fundamental Rights.
(ii) The Constitution provides six Fundamental Rights.
(a) Right to Equality
(b) Right to Freedom
(c) Right to Freedom of Religion
(d) Cultural and Educational Rights
(e) Right against Exploitation
(f) Right to Constitutional Remedies
(iii) Right to constitutional remedies protects rest of the Fundamental Rights.

9. Enlist the freedoms provided under the ‘Right to Freedom’.
Answer: 
1.	Freedom of speech and expression.
2.	Freedom to assemble peacefully without arms.
3.	Freedom to form associations or unions.
4.	Freedom of movement throughout India.
5.	Freedom to reside and settle in any part of India.
6.	Freedom to practice any profession or to carry on any occupation.

10. Dr. Ambedkar called the Right to Constitutional Remedies“The heart and soul of our constitution”. Give reason.
Answer: 
1.	It is a right which provides safeguard to our all fundamental rights.
2.	Under this right we can directly approach the supreme court or the High Court of a state if any of our fundamental right is violated by the state, an individual or a body of persons.
3.	Courts have the power to issue directions, orders or waits for the enforcement of the Fundamental Rights. They can award compensation to the victim and punishment to the violators. Hence it is soul of all rights.

11. Write a short note on ‘PIL’.
Answer: 
1.	In case of any violation of a Fundamental Right, the aggrieved person can go to a court for remedy.
2.	But now, any person can go to corut against the violation of a Fundamental Right, if it is of social or public interest. This is called Public Interest Litigation (PIL).
3.	Under the PIL, any citizen or group of citizens can approach the Supreme Court or the High Court for the protection of public interest against a particular law or action of the govt.

12. What are the main features of Fundamental Rights?
Answer: 
Following are the main features of Fundamental Rights:
1.	Universal: These rights are universal, i.e. they are equal for all citizens of India without discrimination.
2.	Restriction:Our rights are not complete. There are some restrictions imposed on each right.
3.	Justifiable:Fundamental rights are justifiable, i.e. a citizen can approach the court if a person or government violates his rights.
4.	Comprehensive:These rights are broad. They protect our social, economic, cultural and religious interests.
5.	Preventable:These rights can be prevented in a national emergency.
6.	Base of Democracy: These rights are considered the basis of our democracy.

13.Mention in detail the fundamental rights which have been provided to citizen by constitution.
Or
What are Fundamental Rights? Describe the rights received by the Indian Constitution.
Answer: 
Meaning of Fundamental Right:
Some rights which are fundamental and absolutely necessary for our life and they have been given special status in the Constitution. These rights are called fundamental rights. In Indian constitution following Fundamental rights have been provided to citizen.

A. Right to Equality:
Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. The government shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. On the basis of this, no one can be denied the entry of public places and all citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.

B. Right to Freedom: 
The Indian constitution provides 6 types of freedoms to every citizen. They are: 
1.	Freedom of speech and expression; 
2.	Assembly in a peaceful manner; 
3.	Form associations and unions;
4.	Move freely throughout the country; 
5.	Reside in any part of the country, and 
6.	Practice any profession, or to carry on any occupation, trade or business. No person shall be denied the right to life and personal freedom and all have been given the right of preventive detention.

C. Right against exploitation: 
The constitution has provided the right to end the exploitation of weaker sections, 
1.	The Constitution prohibits ‘traffic in human beings, 
2.	Constitution prohibits forced labour or begar in any form.
3.	The Constitution also prohibits child labour.

D. Right to freedom of religion:
India is a secular state. Every person has a right to profess, practice and propagate the religion he or she believes in. 

E. Cultural and Educational right:
Citizens have the right to save their language and culture. Admission in government educational institutions cannot be prohibited on the basis of religion and all minorities have the right to open their own private educational institutions.

F. Rights to constitutional Remedies:
Under the right to constitutional remedies, the said fundamental rights have been made liable in the court.