CLASS XI
CHAPTER 5 : RIGHTS
NOTES
Meaning of Rights:
A right is essentially an entitlement or a justified claim that is recognised by the society.
They are considered necessary to live a life of respect and dignity. Ex. right to livelihood, freedom of expression.
Rights are those guarantees which the state provides to every citizen in order to attain the best self in the
[Link] help citizens to develop their skills and talents. Ex. right to education, freedom of expression.
Natural Rights: (old concept)
Natural Rights cannot be taken away because humans are born with them.( given by God or nature)
Three natural rights are the basis of all rights: Life , Liberty and Property.
Human Rights: (New concept)
The basic concept behind Human Rights is that human beings are entitled to certain rights because
they are human beings.
The idea of Human Rights is supported by the UN Declaration of Human Rights.
Legal Rights and the State
Many countries have enshrined ‘A Bill of Rights” in the constitution.
It has all the rights given to the [Link] are protected by the Constitution.
In India, the Bill of Rights was introduced by the Motilal Nehru Committee in 1928.
Rights are claims that are recognised by the state
Rights place responsibility on the state to ensure that people enjoy their rights
Rights also suggest what the state must refrain from doing.
Kinds of Rights.
POLITICAL RIGHTS ECONOMIC RIGHTS CULTURAL RIGHTS
Provides equality before law. Guarantees people of economic Assures the enjoyment of one's
Right to vote security own culture.
Right to Contest Elections Right to earn a living , join any Right to have educational
Right to form or join Political Parties profession. institutes for teaching one’s
Civil Liberties like free and fair trial , The government introduces many language.
right to expression or protest schemes for the poor like NREGA. Right to have primary education
against Govt. in one’s mother tongue. (own
Form the basis of democratic Govt. language)
Rights and Responsibilities
On one hand rights place obligation on state, on the other, they place obligation on each one of us.
1. They compel us to think about good for all that's common good.
2. They require us to respect the rights of others.
3. We must balance our rights when they come into conflict.
4. Citizens must be vigilant about their rights to avoid authoritarian government.
New Types of Rights: Environmental Rights, Women’s Rights, Digital Rights.
CHAPTER 2
RIGHTS IN THE INDIAN CONSTITUTION
Bill of Rights
Rights which are mentioned in and protected by the constitution are listed in the Bill of Rights.
The Bill of Rights prohibits the government from acting against the rights of the individuals.
It ensures remedy in case there is violation of rights.
The South African Constitution calls the Bill of Rights as ‘Cornerstone of Democracy’.
Fundamental Rights in the Indian Constitution. (Article 12-35)
● These rights are fundamental in nature; Very important for existence and to safeguard dignity.
● Specially protected by Constitution therefore listed separately.
● Cannot be violated by anyone. The judiciary has powers and responsibility to protect them.
● But Fundamental Rights are not absolute. Reasonable restrictions can be put on them
Difference between Fundamental and Ordinary rights.
Fundamental Rights Ordinary Rights.
Protected and guaranteed by the Constitution of Protected and enforced by ordinary law
the country.
Can only be changed by amending the Can be changed by the Legislature by ordinary
Constitution law making process.
Fundamental Rights listed in the Indian Constitution.
1. Right to Equality: Prohibits discrimination on the basis of caste, religion, race, sex and place of birth.
Under this right, Untouchability is declared a crime, No conferring of titles. Ensures equality of dignity and
status, equality of opportunity.
2. Right to Freedom: Known as a cluster of rights.
Protects and includes : Right to speech and expression
Assemble peacefully
Move freely throughout India
Reside and settle in any part of India
Practise any profession
Protection in respect of conviction for offence
Protection against arrest and detention
Right to education
Right to personal liberty
3. Right against Exploitation: Prohibition of human trafficking and forced labour, begar
Prohibition of employment of children below the age of 14 in hazardous
jobs.
4. Right to Freedom of Religion: A core principle of democracy-equality for all religions
India follows Secularism. No official Religion
Right to practice, follow and propagate one’s religion freely
May choose or not choose any religion
The Government may impose restrictions on freedom of
religion to protect public order, morality and health and to
remove social and religious evil.
5. Cultural and Educational Right: Right especially for minorities
Protection to maintain their language and culture
Right to establish their own educational institutes
6. Right to Constitutional Remedies: Dr. B.R. Ambedkar defines it as ‘Heart and Soul’ of the
Constitution
Every individual can approach the High Court and the Supreme Court in
case of violation of their fundamental Rights.
The High Court and the Supreme Court issue orders and give directives to
the government for the enforcement through special orders known as Writs.
● Writs : Special orders issued by High Courts and Supreme Court for enforcement of
fundamental Rights.
Various Writs provided by constitution are:
● Habeas Corpus: Arrested person to be presented before the court.
● Mandamus: When a public official is unable to or fails to do his/her duty.
● Prohibition: By by a higher court to lower court to prevent any case beyond
their jurisdiction.
● Quo-Warranto: If a person holds office but not entitled to do so.
● Certiorari: Higher courts to lower courts to transfer any pending case to it.
Directive Principles of State Policy(DPSP)
GOALS: 1. Welfare of the people-Social ,political and economic.
2. Certain rights that citizens must be given besides fundamental rights.
3. Equitable distribution of resources
4. Promotion of international peace.
● DPSP are non-justiciable and not-enforceable by court.
Difference between Fundamental Rights and DPSP
Fundamental Rights DPSP
Controls government from doing certain things Directs the Government to do certain things.
Protect the rights of an individual Ensures wellbeing of the whole society
Justiciable and enforceable by law non-justiciable and not-enforceable by court.
Guaranteed by the constitution itself Given by ordinary law by legislature.
● Preventive Detention: Sometimes an individual can be arrested simply because he/she is
suspected of engaging in an illegal activity. He is detained for a period of time without following
normal procedure. This is known as preventive detention.
● Can only be detained for a period of 3 months.
● Fundamental Duties: Introduced by 42nd Amendment , 1976, in the constitution.
● Total 10 in number
● Not enforceable by law.
● 11th fundamental duty added in 2002 by 86th Amendment.