Chapter
Democratic Rights
1.What are the Fundamental Rights? How many Fundamental Rights are given in our
Constitution?
Answer:
In India, like most other democracies in the world, the rights are mentioned in the Constitution.
Some rights which are fundamental to our life are given a special status. They are called
Fundamental Rights. Our Constitution provides us six Fundamental Rights.
These are :
Right to Equality
Flight to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
2.How can you say that India is a secular state?
Answer:
A secular state is one that does not establish any one religion as official religion. Most
people in India, like anywhere else in the world, follow different religions. Indian
secularism practices an attitude of a principled and equal distance from all religions. The
state must be neutral and impartial in dealing with all religions. Every person has a right
to profess, practice and propagate the religion he or she believes in. Every religious group
or sect is free to manage its religious affairs. India is a secular state.
A secular state is one that does not confer any privilege or favour on any particular
religion. Nor does it punish or discriminate against people on the basis of religion they
follow.
3.Which extreme form of social discrimination is forbidden by the Indian Constitution?
Answer:
The Constitution mentions one extreme form of social discrimination, the practice of
untouchability, and clearly directs the government to put an end to it. The practice of
untouchability has been forbidden in any form. Untouchability here does not only mean
refusal to touch people belonging to certain castes.
It refers to any belief or social practice which looks down upon people on account of their
birth with certain caste labels. Such practice denies them interaction with others or access
to public places as equal citizens. So, the Constitution made untouchability a punishable
offence.
4.How are the Fundamental Rights guaranteed?
Answer:
The Fundamental Rights are guaranteed by the following ways :
(a) The Fundamental Rights are guaranteed against the actions of the Legislature, the Executive, and any
other authorities instituted by the government. There can be no law or action that violates the
Fundamental Rights.
(b) If any act of the Legislature or the Executive takes away or limits any of the Fundamental Rights, it
will be invalid. We can challenge such laws of the central and state governments, the policies and actions
of the government or the governmental organisations like the nationalized banks or electricity boards.
(c) Courts also enforce the Fundamental Rights against private individuals and private bodies. The
Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of
the Fundamental Rights. They can also award compensation to the victims and punishment to the
violators.
5.Why do we need rights in a democracy?
Answer:
We need rights in a democracy because of the following reasons :
Rights protect minorities tern the oppression of majority. They ensure that the majority
cannot do whatever it likes. Rights are guarantees which can be used when things go
wrong.
Things may go wrong when some citizens may wish to take away the rights of others. This
usually happens when those in majority want to dominate those in minority.
The government should protect the citizens’ rights in such a situation. But, sometimes
elected governments may not protect or may even attack the rights of their own citizens.
That is why some rights need to be placed higher than the government, so that the
government cannot violate them. In most democracies, the basic rights of the citizens
6.Are the reservations provided to the Scheduled Castes, Scheduled Tribes and OBCs against the Right to
Equality?
Answer:
These reservations are not against the Right to Equality. In a broader sense, equality does not mean giving
the same treatment to everyone, no matter what they need. Equality means giving everyone an equal
opportunity to achieve whatever one is capable of. Sometimes, it is necessary to give job reservations to
socially and economically backward sections of the society to ensure equal opportunity. The Constitution
says that the reservations of this kind are not a violation of the Right to Equality.
7.Why does the Constitution specify the cultural and educational rights of the minorities?
Answer:
The constitution specify the cultural and educational rights of the minorities because :
Any section of citizens with a distinct language or culture have a right to conserve it.
Admission to any educational institution maintained by government or receiving
government aid cannot be denied to any citizen on the ground of religion or language.
All minorities have the right to establish and administer educational institutions of their
choice. Here, minority does not mean only religious minority at the national level. In some
places, people speaking a particular language are in majority; people speaking a different
language are in a minority.
For example, Telugu speaking people form a majority in Andhra Pradesh. But, they are a
minority in the neighbouring state of Karnataka. Sikhs constitute a majority in Punjab. But, they
are a minority in Rajasthan, Haryana and Delhi.
8.What is the role of National Human Rights Commission in securing the human rights? How
does it Work?
Answer:
The National Human Rights Commission is an independent commission set up by law in 1993.
The Commission is appointed by the President and includes retired judges, officers and eminent
citizens.
The National Human Rights Commission (NHRC) focuses on helping the victims in
securing their human rights. These include all the rights granted to the citizens by the
Constitution.
For NHRC, human rights also include the rights mentioned in the UN-sponsored
international treaties that India has signed.
The NHRC cannot by itself punish the guilty. It is the responsibility of the courts. The
NHRC makes an independent and credible inquiry into any case of violation of human
rights.
The Commission presents its findings and recommendations to the government or
intervenes in the court on behalf of the victims.
Like any court, it can summon witnesses, question any government official, demand any
official paper, visit any prison for inspection or send its own team for on-the-spot inquiry.
9.If the government or Police arrest anybody on the basis of the prevailing laws, what rules do
they have to follow?
Answer:
(i) The Constitution says that no person can be deprived of his life or personal liberty except
according to procedure established by law. It means that no person can be killed unless the court
has ordered a death sentence.
(ii) A government or police officer can arrest or detain any citizen unless he has proper legal
justification. Even when they do, they have to follow some procedures :
A person who is arreted and detained in custody will have to be informed of the reasons
for such arrest and detention.
A person who is arrested and detained shall be produced before the nearest magistrate
within a period of 24 hours of arrest.
Such a person has the right to consult a lawyer or engage a lawyer for his defence.
10.How can the judiciary protect the Fundamental Rights of citizens?
Answer:
The judiciary protect the Fundamental Rights of citizens on the following ways :
It is possible that sometimes our rights may be violated by fellow citizens, private bodies
or by the government. When any of our rights are violated we can seek remedy through
courts. If it is a Fundamental Right, we can directly approach the Supreme Court or the
High Court of a state.
Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive,
and any other authorities instituted by the government. There can be no law or action that
violates the Fundamental Rights.
If any act of the Legislature or the Executive takes away or limits any of the Fundamental
Rights, it will be invalid. We can challenge such laws of the central and state governments,
Courts also enforce the Fundamental Flights against private individuals and bodies. The
Supreme Court and High Courts have the power to issue directions, orders or writs for the
enforcement of the Fundamental Rights.
They can also award compensation to the victims and punishment to the violators.
