CIVICS

Chapter 5: Democratic Rights

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Democratic Rights
Life without Rights

Democracy is regarded as the best form of Government. In a democratic country, not only does
the Government work within the limits of the Constitution but rights and freedoms are also
provided to the citizens. In a monarchy or in a dictatorial nation, basic rights and freedoms are
denied to the people.

The Rights of Citizens in Saudi Arabia

Saudi Arabia is a monarchy, a country which is ruled by a king. Some facts about Saudi Arabia:

• The position of the king is hereditary.

• The legislature, executive and judges are appointed by the king. The latter can reverse any
of their decisions.

• The formation of political parties is illegal, and the media cannot publish anything which the
king does not like.

• The people of Saudi Arabia cannot follow their religion freely. Non- Muslims can follow their
religion only in private.

• Many restrictions are imposed on women. The testimony of one man is considered equal to
that of two women.

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Prison in Guantanamo Bay

USA is a democratic country. However, a question arises of whether it treats people of

other religions in a democratic manner.

• After the September 2001 attacks on the United States of America, about 600 people
were arrested by the US forces and were imprisoned in Guantanamo Bay. It is an area
near Cuba which is controlled by the American Navy.

• These people were arrested without any warrant and without informing their families.

• Neither the family members nor the UN members were allowed to meet them.

• The prisoners neither faced any trial before any magistrate in the US nor could they
approach the courts in their home country.

• An international human rights organisation, Amnesty International, collected various

reports on the Guantanamo Bay prison and reported the torturing of the prisoners which
itself violates US laws.

• Prisoners were not released even when they were declared not guilty.

• The US Government did not pay any heed to the UN Secretary General who said that
Guantanamo Bay should be closed down.

The Massacre of Ethnic Albanians in Kosovo

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• Kosovo presents a case where a government elected by the people indulged in a

large-scale massacre of citizens.

• Kosovo was a province of Yugoslavia before it separated. The Serbians were in a majority in
Yugoslavia, and the ethnic Albanians were in a majority in Kosovo.

• Milosevic was elected as the leader of the country. As he was a Serbian, he wanted to
establish Serbian domination in the country.

• Thus, large-scale attacks on the ethnic Albanians were carried out by the soldiers.
Thousands of Albanians were killed in Kosovo.

• Many countries intervened to end this massacre. Milosevic was later tried by an
International Court of Justice for committing crimes against humanity.

While Saudi Arabia shows us the features of a dictatorial government, Guantanamo Bay prison
shows us how civil rights such as the Right to Live and Detention without Trial were denied to
people. Kosovo is an example of an elected government carrying out the massacre of an ethnic
minority.

The rights of citizens are given utmost importance in any democratic country.

Rights of Citizens in a Democracy

Rights are claims of a person over other fellow citizens, over society and over the Government.
However, it has to be kept in mind that our rights should not hurt or harm others; the Serbians
in Yugoslavia cannot claim rights which could harm ethnic Albanians. Thus, rights are

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reasonable claims of persons recognised by society and sanctioned by law. Rights are required
in a democracy to protect the minorities from the oppression of the majority. Rights also
protect citizens from the tyranny of the Government.

Rights Guaranteed by the Constitution of India

The Constitution of India provides basic rights and freedoms to its citizens. These are

➢ Right to Equality

• Our Constitution declares that every citizen irrespective of caste, creed, sect, religion or
gender is equal before the laws of the country.

• No person is above the law whether it is a political leader, ordinary citizen or police
personnel. This is known as the rule of law.

• Any citizen can use public places such as parks, public hospitals, bathing ghats, roads,
wells and tanks.

• All citizens have equality of opportunity for getting appointed in any governmental
institution or organisation.

• Untouchability has been abolished so that people belonging to every caste get socially
equal treatment.

➢ Right to Freedom

• Freedom of speech and expression: Every citizen has the right to criticise the policies of the

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Government or of any institution. The media of the country are also free to opine their
views on any matter. However, one cannot use this freedom to instigate violence against
other communities or the Government.

• To assemble peacefully: People can assemble or hold rallies to protest against any issues
without any arms. However, these protests should be peaceful.

• To move freely from one part of the country to the other part

• Freedom to reside in any part of the country

• Freedom to form associations and unions

• Freedom to practice any profession and to carry out any trading and business activities

• A person arrested and detained by the police should be produced before the nearest
magistrate within 24 hours of arrest. An arrested person has the right to consult a
lawyer or hire a lawyer for his/her defense.

➢ Right against Exploitation

• Our Constitution prohibits any trafficking in human beings.

• No child below the age of 14 can be employed in factories, mines and other hazardous
works.

• Begar or forced labour is prohibited by the Constitution.

➢ Right to Freedom of Religion

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• All citizens of the country are free to profess, practice and propagate their religion.

• India is a secular state. It neither encourages nor discourages the practice of any religion.

• However, the right to freedom of religion does not apply in those cases where
liberties of other citizens are compromised. For example, the sacrifice of human
beings and the brutal treatment meted out to widows are illegal.

➢ Cultural and Educational Rights

• A minority community has the right to preserve its culture, language and script.

• Admission to any governmental educational institutions cannot be denied to any

citizen on the basis of language or religion.

• Every minority community has the right to establish and maintain institutions of their
choice.

National Human Rights Commission (NHRC) is an independent organisation. It enquires

into cases where the rights to liberty and basic freedoms are denied to citizens. It
however cannot decide cases and punish the guilty. It just highlights the issues and cases.
Any person or group of persons can file cases in the court if their freedoms and rights are
violated. If the violation of rights is of a larger social or public interest, a public interest
litigation (PIL) can be filed in the court.

Scope of Fundamental Rights

• Because fundamental rights are the source of all rights and our Constitution, the scope of
these rights has expanded over years.

• Of late, the right to education has been added to the Constitution of India. It is the
responsibility of the Government to provide free and compulsory education to children up
to the age of 14 years.

• Another right, the Right to Information to the Citizens has also been added under the Right
to Freedom of Thought and Expression.

• Rights such as the Right to Property and the Right to Vote are important constitutional
rights.

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• Expansion of all fundamental rights takes the form of human rights.

Some New Rights Guaranteed by the Constitution of South Africa to its Citizens are

• Right to Privacy

• Right to safe and clean environment

• Right to have access to housing

• Right to have access to healthcare facilities

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Important Questions
Multiple Choice Questions:
Question 1. A person who has been arrested and detained has to be produced before
the nearest magistrate within how many hours?
(a) 24 hours
(b) 48 hours
(c) 72 hours
(d) None of these
Question 2. Which right was called by Dr. Ambedkar as ‘the heart and soul of our
Constitution’?
(a) Right to equality
(b) Right of constitutional remedies
(c) Right to freedom
(d) Right against exploitation
Question 3. Who has the power to issue ‘writs’ for the enforcement of the Fundamental
Rights?
(a) Supreme Court
(b) High Court
(c) (a) and (b)
(d) None of these
Question 4. What is the full form of P.I.L.?
(a) Postal Interest Letter
(b) Private Interest Law
(c) Public Information Law
(d) Public Interest Litigation
Question 5. Who protects the fundamental rights of the citizens?
(a) Legislature
(b) Executive
(c) Judiciary
Question 6. Under which Fundamental Right ‘begar’ stands abolished?

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(a) Right to equality

(b) Right to freedom
(c) Right against exploitation
Question 7. Which fundamental rights used to enforce fundamental rights?
(a) Right to Equality
(b) Right to Constitutional Remedies
(c) Cultural and Educational Rights
Question 8. What type of right is ‘Right to Vote’ in India?
(a) Moral Rights
(b) Social Rights
(c) Political Rights
Question 9. Which Fundamental Right is also called ‘cluster of six freedoms’:
(a) Right to Equality
(b) Right to Freedom
(c) Right to Constitutional Remedies
Question 10. How many Fundamental Rights have been included in the Indian
Constitution?
(a) Five Fundamental Rights
(b) Six Fundamental Rights
(c) Seven Fundamental Rights
Question 11. Guantanamo controlled by:
(a) Indian Navy
(b) Russian Navy
(c) American Navy
(d) Chinese Navy
Question 12. Kosovo was earlier a province of:
(a) U.S.S.R.
(b) Yugoslavia
(c) U.S.A.
(d) None of these
Question 13. Out of the following which is not a Fundamental Right:

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(a) Right to equality

(b) Right to freedom
(c) Right to property
(d) Right to freedom of religion
Question 14. Right to vote is …………… a right.
(a) Social
(b) Political
(c) Economic
(d) Moral
Question 15. Which right explains about abolition of untouchability?
(a) Right to equality
(b) Right to freedom
(c) Right against exploitation
(d) Right to freedom of religion
Very Short:
1. With do you think that the constitutions of different countries have sections on
rights?
2. How many rights are there in the Right to Freedom?
3. Is an Indian state allowed to discriminate against a citizen on the basis of place of
birth?
4. In which form does the Indian Constitution provides for special provisions while
guaranteeing the right to equality?
5. To whom the reserved posts have been provided?
6. Which of the fundamental rights has abolished untouchability?
7. What will be done to a person practising untouchability?
8. What kind of titles have not been abolished by the constitution?
9. On what basis the government can restrict the fundamental rights?
10. Name the various kinds of the writs.
Short Questions:
1. Define rights.
2. Mention some qualities of rights.

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3. Mention some types of rights with example.

4. Are all types of rights available to all the people? State with examples
5. Discuss the relationship between rights and democracy.
6. Explain briefly the evolution of rights.
7. Write is short note on Human Rights.
Long Questions:
1. Point out some aspects of the Rights to equality enjoyed by the citizens of India.
2. Describe special provisions which are provided for the advancement of the
backward classes.
3. “The right to freedom is a cluster of six freedoms.” Explain.
4. Write short notes on:
5. How can we secure our fundamental rights?

Answer Key:
MCQ:
1. (a) 24 hours
2. (b) Right of constitutional remedies
3. (c) (a) and (b)
4. (d) Public Interest Litigation
5. (c) Judiciary
6. (c) Right against exploitation
7. (b) Right to Constitutional Remedies
8. (c) Political Rights
9. (c) Right to Constitutional Remedies
10.(b) Six Fundamental Rights
11.(c) American Navy
12.(b) Yugoslavia
13.(c) Right to property
14.(b) Political
15.(a) Right to equality

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Very Short Answer:

1. It is so only to emphasise that such rights are fundamental for the development of human
personality.
2. 6
3. No.
4. The Indian Constitution provides for special provisions in the form of reserve posts while
guaranteeing right to equality.
5. The reserved posts have been provided to the scheduled castes, scheduled tribes and to the
backward classes.
6. Right to equality.
7. A person practicing untouchability would be punished by law.
8. The Constitution has not abolished two types of the titles
Military titles
Academic titles.
9. The government can restrict the fundamental rights in the interest of the independence,
sovereignty and integrity of the nation.
10. Name the various kind
• Habeas Corpus
• Mandamus
• Prohibition.
• Quo Warranto
• Certiorari.

Short Answer:
Ans: 1. Rights are those conditions of social life without which no man can seek to be his best
self. They are claims recognised by society and protected by law.
Ans: 2. Some qualities of rights are as follows:
• Right is claim which has to be recognised by others. My right should be respected as
should be yours.
• Right is recognised by society. It is social in nature. What is against society is not. A right.
What is against the interest of society is also not a right.
• Right has to be protected and Sanctioned by law.

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Ans: 3. Rights are of different types. They may be classified as civil, political, economic and
social and cultural rights: Right to life, to equality, to family, right to freedoms, to acquire and
own property, etc. are civil rights. Right to vote, to contest elections, and to seek any political
office are political rights.
Right to work, to earn a reasonable wage, and to fulfil basic needs are economic rights. Right to
culture, to religion, to speak in one’s own language, to get education, and to lead a decent life
are social and cultural rights. However, all these rights are interconnected. These days we call
all of them together as human rights.
Ans: 4. Some of the rights are available to citizens as individuals. For example, the right to life is
one such a right. Some rights are available to persons as members of a community. For
example, the right to culture or language. Some rights are available to all persons residing in a
country, whether one is a citizen or not.
For example, European or the refugees from Bangladesh or Sri Lanka living in India have certain
rights along with Indian citizens. Similarly, Indians living in the United States too have some
rights like that of the American citizens. Some right are available to citizens of a specific age.
For example, the right to vote or to contest in elections only when one grows up.
Ans: 5. Rights are necessary for the development of society, individual personality and for the
realisation of human potential. Democracy becomes meaningless if we do not have rights and
the means to secure them. It is the availability of these rights that make any political system
democratic.
Even among democracies, we can know how democratic a country is by looking at the kind of
rights available to its people and to what extent they are effective. So the expansion of
democracy in any country is closely linked to the expansion of citizens’ rights. Democracy and
citizens’ rights are therefore mutually complementary.
Ans: 6. Rights did not emerge all of a sudden. They had evolved over a long time. They are a
result of struggles of people. They change with changes in society. New rights emerge as
societies develop. Over the last two hundred years, most democracies have adopted basic
rights as essential ingredients of their constitutions and government.
The French National Assembly recognized certain rights of the citizens. It was called the
Declaration of the Rights of Man. It proclaimed that all citizens are ‘equal in the eyes of the law.
All have an equal right to all public places and employment according to their capacity and
talent. In the same year, a Bill of Rights was added to the Constitution of the United States, of
America. It gave to American citizens rights such as freedom of speech press, religion, assembly
and to petition the government.
Ans: 7. The Universal Declaration of Human Rights adopted by the United Nations in 1948 was
an important milestone in the long struggle for rights in the world. It recognized certain rights
as fundamental to human life. They are the right to life, liberty and security of person; the right
to freedom of opinion and expression: the right to freedom of throughout, conscience and

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religion: and the right to own property.

Long Answer:
Ans: 1. Right to equality is one of the most important fundamental rights provided by
the Constitution.
These rights have been given in the Articles 14 to 18 of the Indian Constitution.
• Article 14 establishes equality before the law, It says the state shall not deny to any
person equality before the law or equal protection of the laws within the territory of
India.
• Article 15 prohibits any sort of discrimination among the citizens of the Republic on
grounds of religion, race, caste, sex, place of birth or any of them.
• Article 16 of the Constitution of India provides equal opportunities in all fields of public
employment.
• Article 17 has erased the age-long slur on the face of the Indian social order. Practising
of. untouchability in any form has been made an offence punishable by law.
• Article 18 puts an end to all the titles other than educational and military.
• Thus, the Indian citizens have been provided the right to equality to enjoy their lives.
Ans: 2. Special provisions are also provided for the advancement of backward classes of citizens
and those of the Scheduled Castes and Scheduled Tribes. Equality does not mean that
everyone gets, the same treatment, no matter what they need. Right to equality allows
special treatment in favour of persons who belong to the weaker sections. For example,
government reserves some seats in public educational institutions, or provide stipends to
such persons. Similarly, government reserves some posts in favour of backward classes of
citizens who are not adequately represented in government services.
But for such special provisions, it would not be possible for the boys and girls of these groups
to get admission in premier educational institutions or to get good jobs. These special
provisions and reservations are aimed at promoting socio-economic equality. For promoting
social equality, the Constitution forbids the practice of untouchability in any form.
Untouchability refers hr. 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.
Ans: 3. The right to freedom given by the constitution to its citizens includes six freedom rights.
Hence the right to freedom is called a cluster of six freedoms.
These rights are the following;
• Freedom of speech and expression.

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• Freedom to assemble peacefully and without arms.

• Freedom to form associations and unions.
• Freedom to move freely throughout the territory of India.
• Freedom to reside and settle and
• Freedom to adopt in any profession or the right to carry on any occupation, trade
or business.
Every citizen has the right to all these freedoms. That means you cannot exercise your
freedom in such a manner that violates others’ right to freedom. Your freedoms should
not cause public nuisance or disorder. You are free to do everything which injures no
one else. Freedom is the absence of interference by other’s in our affairs, so far as such
affairs do not adversely affect other’s lives.
So our freedoms have some limitations. However, such restrictions have to be
reasonable. They should be as per the law. Accordingly, the government imposes
certain restrictions on our freedoms in the larger interests of the society.
The Constitution ensures protection of individual life and personal liberty. It says that
no person can be deprived of his life or personal liberty except according to procedure
established by law. That means no government or police officer can interfere with the
life and liberty of a citizen unless his action is supported by some provision of law.
Ans: 4. (i) Right Against Exploitation: This is a very important fundamental right. Earlier
people were made to do work free of charge for landlords or the wealthy persons. This
was known as beggar or forced labour.
It was the kind of labour which was done without any wage in return. Begar is now a
crime and punishable by law.
Providing this right the Constitution also forbids employing of children below the age of
14 years in dangerous jobs like factories arid mines. This right makes us conscious about
the fact that the children are our assets. They must he allowed to get education and lead
happy childhood.
In actual practice, it is very easily seen that the children are working in much less wages.
This is done because the child labour is much cheap. Children in fact cannot work like an
adult hence they are given low wages. This is, however, a gross violation of the spirit and
provisions of the constitution. In this situation, the right against exploitation is a legal
weapon to protect today’s children. This right is considered a legal weapon because if
this right is violated, one can go to the court of law to get justice.
(ii) Right to Freedom of Religion: Ours is a secular country. That means the government
of India would not give any undue bias or preference to any religion. Every religion is
equal before the state. Citizens of India are free to practice their respective religions.

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This is one of the fundamental rights of the citizens given by the Constitution. Foremost
objective part of this right is to sustain the principle, of secularism in the country. No
state-run institutions can give religious education. However, religious communities are
free to set up charitable institutions of their own.
(iii) Cultural and Educational Rights: India is a vast country with a number of religions,
languages as well as cultures. Hence the Indian Constitution provides special measures
to protect the rights of the minorities. Any community which has a language and script of
its own has the right to conserve and develop them. No citizen can be discriminated
against for, admission in state or state-aided institutions because of religion or language.
All minorities, religious or linguistic, can set up their own educational institutions. Thus,
they are able to preserve and develop their culture.
Ans: 5. One important characteristic of the rights in the Constitution is that they are
enforceable. We have a right to seek the enforcement of the above-mentioned rights.
This is called the Right to Constitutional Remedies. This itself is a Fundamental Right. This
right makes other rights effective. It is possible that sometimes our rights may be
violated by fellow’ citizens, private bodies or by the government.
When any of our right is 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. That is why, Dr Ambedkar called the Right to Constitutional Remedies as the heart
and soul of our Constitution.
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 law’s of the central and state governments, the policies and actions of the
government or the governmental organizations like the nationalized banks.
The Supreme Court and High Courts are empowered to declare such laws or acts as
invalid. They also enforce the Fundamental Rights against private individuals and bodies.
The Supreme Court and High Courts have tire power to issue directions, orders or writs
for the enforcement of the Fundamental Rights. They award compensation for the
violation.

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