Unit 8: Rights
Why are these Rights? Why need them?
● The Constitution governs while safeguarding and upholding citizens'
undamental rights.
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Rights limit thepowers
● of governmentand ensure ademocratic setup.
● Part IIIof our constitution enshrines these rights.
● These rights have evolved over the pastseventy years.
Life Without Rights:
● Life without rights lacks dignity, security, freedom, and basic
protections.
● Without rights, oppression prevails; rights empower people to live
freely and equally.
Expanding Scope of Rights:
● Emerging needs introduce new rights like education, healthcare,
environment.
● The digital era advances rights such as privacy and data protection.
● Marginalized groups, e.g., LGBTQ+, disabled, and indigenous, gain
recognition and inclusion.
● Global impact: Rights now encompass climate action, migration, and
related concerns.
● Inessence,rightshaveevolvedovertimeintermsofsociety,technology,
and global values.
Rights in a Democracy:
● Rights are inherent entitlements of citizens, safeguarded simply
because we are human.
● Rights allow us live freely with dignity, express ourselves, and
articipate in democracy.
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● Rights can include civil, political, social, cultural, and economic
imensions.
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● Rights are an individual’s claims over others, the government, and
society.
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● Rights must possess three qualities: reasonable claims, social
recognition, and legal sanction.
Rights: Essence of Democracy:
● Rights form democracy’s foundation, preventing injustice and
exploitation of vulnerable groups. Their absence fuels oppression and
conflicts, e.g.,Saudi Arabia, the Kosovo massacre.
● So, rights are vital to sustain democracy, allowing citizens to:
Vote and form political parties.
○
○ Criticize and hold governments accountable.
Withoutrights,minoritiesriskoppressionundermajorityrule,leading
●
to tyranny.
● Certain rights surpass government authority, shielding individuals. If
violated:
○ Citizens can approach the court for protection.
○ The judiciary can nullify any unjust law.
Rights Prevent Exploitation:
● The constitutional guarantee of written rights empowers the poor.
Example: AsianGamesconstructionworkersreceivedminimumwages
through judicial intervention.
● Courts play a crucial role in enforcing and protecting rights.
Constitutional Rights vs Practical Rights:
● R ights may exist on paper, but are they truly effective? Example:
achal Lalung case.
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● It raises critical questions:
○ Does one’s economic status determine access to rights?
○ Do the poor receive rights only when others fight for them?
What is a Bill of Rights?
● A Bill of Rights is a list of guaranteed rights allowing citizens to live
reely in a democracy.
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● It safeguards against p
rivate discrimination and wrongful state
actions, providing legalmeans to challenge violations.
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Why does Democracy need a Bill of Rights?
● Governments can violate rights, requiring clearlimitations.Legislation
ay pass unjust laws, the executive may misuse power, judiciarymay
m
ive biased rulings.
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A Bill of Rights restrictsall organs’ authority.
●
● A Bill of Rights balances power, preventing rights violations by
government or individuals. It ensures:
○ Rule of law.
○ Accountability.
○ True functioning of democracy.
Bill of Rights equals Fundamental Rights:
● Fundamental Rights in Part III of the Constitution serve as our Bill of
ights.
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Theyareconstitutionallyprotected,andthejudiciarycannullifyanylaw
●
violating them.
How did Fundamental Rights emerge in India?
● During freedom of struggle, the idea of rights emerged.
● In 1928, Motilal Nehru drafted a report that:
○ Proposed Dominion Status for India.
○ Introduced Fundamental Rights for citizens.
○ Suggested Bicameral Legislature at the Centre.
○ Recommended Division of Power between Centre and States.
○ Opposed Separate Electorates.
● Leaders sought a British government guarantee to ensure
Fundamental Rights.
Why are they called Fundamental?
● These rights are essential to protect and uphold every individual's
human dignity.
● They are crucial for ensuring democratic governance and preserving
citizens' freedoms.
● Listed separately in the Constitution, highlighting their unique
importance and status.
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● It cannot be easily revoked, only altered through a constitutional
amendment process.
Role of the Judiciary:
● Courts safeguard Fundamental Rights by striking down any law that
iolates them.
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● Judiciary prevents e xecutive overreach; citizens can approach the
Supreme Court (Article 32) and the High Court (Article 226).
Limitations of Fundamental Rights:
● Fundamental Rights are not absolute andmay face certainrestrictions.
○ The government can limit rights for public order, morality, or
ational security.
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● balance between personal liberty and societal welfare is essential.
Types of Rights
Type of Right Source Legal Status Examples
undamental
F Part III of the Strongest – directly Right to Equality,
ights
R
Constitution enforceable by courts Freedom,
Protection from
Exploitation
onstitutional C
C onstitution Can be modified by a Right to Property
ights
R
(outside Part III) constitutional (Article 300A)
amendment
Legal Rights Ordinary laws Can be Right to
passed by changed/removed by Education, Right
Parliament ordinary legislation to Information
(RTI)
uman
H Global norms Somelegallyprotected, Right to Life,
ights
R
(e.g., UN others moral Right to Dignity,
declarations) Right against
Torture
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Understanding Fundamental Rights
● These rights are at the core of the Constitution.
● Fundamental Rights are written directly at the initial stage of the
Constitution and are therefore guaranteed by the Constitution itself.
● They are not easily abridged or taken away by Parliament.
● Courts protect Fundamental Rights very strongly when they are
violated. For example, courts protect the right to equality and various
freedoms.
Understanding Constitutional Rights
● Mentioned in the Constitution but not counted as Fundamental Rights.
● These rights are strong, but not as strong as Fundamental Rights.
● Parliament can change or remove these rights through a law.
○ Example: Right to Property (Article 300A).
Understanding Legal Rights
● Legal rights originate through a law made by Parliament.
● Parliament can create, change, or remove legal rights easily, just like
any legislative process.
○ Examples: Right to Education Act, Right to Information Act,
MGNREGA Act.
Understanding Human Rights
● These are universal rights given to everyone simply for being human.
● They are defined globally by bodies like the United Nations (UN).
● Some human rights are protected by law; others are moral guidelines.
○ Examples: Right to dignity, right against torture, right to live
peacefully.
Why Aren’t All Rights Fundamental?
● Fundamental Rights (FRs) are like a VIP lounge—only the most
important rights are designated as Fundamental.
● If everything were a Fundamental Right:
○ It would be hard to govern.
○ Courts would be overburdened.
● Other rights are still important but can be managed or updated by law.
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What are Fundamental Rights?
● They are rights guaranteed by the Constitution to every citizen.
● Their purpose is to ensure people live freely with dignity and equality.
● Location in Constitution: Part III, Articles 12 to 35.
List of Fundamental Rights
● Equality (Articles 14–18)
● Freedom (Articles 19–22)
● Protection from Exploitation (Articles 23, 24)
● Freedom of Religion (Articles 25–28)
● Cultural and Educational Rights (Articles 29, 30)
● Right to Constitutional Remedies (Article 32)
○ (Articles12,13,31,33,34,35arealsoFundamentalRightsbutare
structured differently.)
Right to Equality (Articles 14–18)
● Everyone is equal in the eyes of the law.
● No special treatment is given to anyone based on wealth, power, or
political influence.
● No discrimination on the basis of gender, religion, caste, race,placeof
birth, or any of them.
● Equal opportunity in government employment.
● Abolition of untouchability.
● Abolition of titles (except military/academic titles).
● Example: A former Prime Minister appears in court just like any
ordinary citizen.
Right to Freedom (Articles 19–22)
● You can speak, move, work, and live freely but responsibly.
● Includes:
○ Freedom of speech and expression
○ Right to peaceful assembly
○ Right to form associations
○ Move freely across India
○ Settle anywhere in India
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○ Choose any job or business
● Limitations:
○ Cannot insult, spread hate, or disturb peace.
Accused and Arrests
Protection
for Accused(Article 20)
● No double punishment for the same crime.
● Noretrospectivelaw(cannotbepunishedunderalawthatdidnotexist
when the act was committed).
● No self-incrimination (police cannot force you to confess).
Protection from Arrest (Article 22)
● You must be told the reasons for your arrest.
● You must be produced before a magistrate within 24 hours.
● You have the right to legal defense.
Preventive Detention (Article 22)
● You can be arrested on grounds of suspicion.
● Preventivedetentioncanlastamaximumof3monthswithoutreview
by an Advisory Board.
Right Against Exploitation (Articles 23-24):
● Prohibits forced labour (Begar) and bonded labour practices.
● Forbids human trafficking, including buying and selling of humans.
● Bans child labour in hazardous industries for children below 14 years.
Right to Freedom of Religion (Article 25-28):
● Freedom of Religion: Every person has thelibertytofollow,change,or
reject any religion.
● Profess, Practice, Propagate: Individuals can openly express, perform
rituals, and spread their religious beliefs peacefully.
● Manage Religious Affairs: Religious groups independently handle
internal matters like worship, rituals, and administration.
● Reasonable Restrictions: No forced conversions, harmful rituals, or
actions disturbing public order and morality allowed.
● Thereisalonottobeforcedtoattendreligiousclassesingovernment
schools.
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Cultural, and Educational Rights (Article 29-30):
● India protects minority rights in its diverse society.
● Minorities, based on religion or language, can:
○ Preserve their distinct culture and language freely.
○ Establish their own schools and educational institutions.
○ Receive government aid without any discrimination.
○ Example: Christian and Urdu-medium schools enjoy
constitutional protection.
Right to Constitutional Remedies (Article 32):
● Called the"Heart and Soul of the Constitution"by Dr. B.R. Ambedkar.
● Rights Violation: Citizens can approach Supreme Court or HighCourts
for justice.
● Court's Power: Courts issue writs and orders to protect Fundamental
Rights.
● Includes writs like Habeas Corpus, Mandamus, Prohibition, Certiorari,
Quo-Warranto.
○ Habeas Corpus: Directs authorities to present detained person
before the court.
○ Mandamus: Commands a public authority to perform its legal
duties.
○ Prohibition: Stops lower courts from acting beyond their legal
jurisdiction.
○ Certiorari: Transfers a case from lower courttoahighercourt
for review.
○ Quo-Warranto: Questionslegalityofapersonoccupyingapublic
office.
Right to Property:
● Article 31,whichguaranteedtherighttoproperty,wasrepealedbythe
44th Constitutional Amendment Act (1978) and replaced with Article
00A.
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It is no longer a Fundamental Right to enable land reforms, abolish
●
zamindari, and promote public welfare.
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● Now a constitutional right under Article 300A, which Parliament can
restrict through law.
irective Principles of State Policy (DPSP) (Part IV,
D
rticles 36-51):
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● Guidelines for Government: DPSPs provide fundamental principles for
governance,ensuringlawspromotesocial,economic,andpoliticaljustice,
fostering welfare-oriented policies benefitting all citizens equally.
● Examples:
○ Free Education (RTE): DPSPs inspired Right to Education Act,
mandating free, compulsory education for children aged 6–14,
reducing illiteracy and ensuring equal learning opportunities.
○ Midday Meal Schemes: Promotes nutrition among school
children,increasesattendance,fightsclassroomhunger,aligning
with DPSPs’ directive to improve public health and ensure
equitable welfare measures.
○ Panchayati Raj System: Strengthens grassroots democracy,
ensurespeople’sparticipationingovernance,decentralizespower,
fulfilling DPSPs’ aim of establishing self-governing village
communities for holistic rural development.
○ Cottage Industries: Encourageslocalhandicraftsandsmall-scale
industries, generating rural employment, reducing migration,
and achieving self-reliant villages as directed by DPSPs for
economic balance.
● Notlegallyenforceableincourts,yetgovernmentsremainmorallyand
politically bound to implement them for citizens’ welfare.
undamental Rights (FR) vs Directive Principles of
F
tate Policy (DPSP):
S
Basis Fundamental Rights (FR) Directive Principles of
State Policy (DPSP)
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Nature Legally enforceable rights Non-justiciable principles
ensuring individual freedom, guiding state policies to
equality, and protection against establish social,
state actions violating economic, and political
constitutional guarantees. justice for overall
welfare.
Enforceability Can beenforcedincourts;citizens Cannot be enforced by
can seek remedy against courts; implementation
violations through writ petitions depends on
under Articles 32 and 226. government's discretion
and political will.
Purpose Protects individual liberties from Directs state to make
arbitrary state action, ensuring laws promoting welfare,
fundamental human rights and reducing inequality,
democratic principles. ensuring social and
economic justice.
● Sometimes FR and DPSPs conflict like land reforms vs. right to
property. Constitution was amended favoring DPSPs, yet courts
continue to uphold Fundamental Rights firmly and cautiously.
Fundamental Duties (Part IVA, Article 51A):
● Added by the 42nd Amendment (1976) on Swaran Singh Committee’s
ecommendation.
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● What citizens must do:
○ Abide by Constitution and respect national symbols.
○ Safeguard natural environment and resources.
○ Promote social harmony and unity.
○ Defend nation and uphold its integrity.
○ Develop scientific temper and humanism.
○ Educate children (added by 86th Amendment, 2002).
○ Duties are non-justiciable, not legally enforceable.
Public Facilities and Fundamental Rights:
● Basic services that essential services required for dignified, healthy
living.
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● Examples: clean drinking water, properroads,electricitysupply,quality
healthcare, sanitation facilities, schools, and colleges.
● Importance of Public Facilities:
○ Provide basic amenities ensuring dignity and well-being for
every citizen equally.
○ Reduce social, economic, and regional inequalities by offering
equal access to essential services.
○ Improve public health, enhance education, and create better
employment opportunities for all.
○ Strongly connected to Article 21, ensuring right to life and
personal liberty.
● Role of Government in Public Facilities:
○ Government must do:
➢ Plan, design, and construct essential public facilities
ensuring universal availability and accessibility.
➢ Guarantee fair, equal, and non-discriminatory access to
all citizens for basic public services.
➢ Allocate sufficient budget, manpower, and resources to
develop and maintain necessary public facilities.
➢ Collaboratewithprivateorganizationswhenrequiredfor
expanding and improving public service delivery.
➢ Regularly maintain, upgrade, and modernize public
facilities for efficient and long-term usage.
○ Without government support, marginalized and poor sections
suffer maximum deprivation of essential services.
● Sources of Government Funds for Public Facilities:
○ The government arranges money for public facilities through
taxes like income tax, propertytax,andGST.Additionalsources
include fines, service fees, and loans from domestic banks or
international agencies. Public-private partnerships also help in
funding, ensuring development and maintenance of essential
services for all citizens.
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