DEMOCRATIC RIGHTS

1. Point out some aspects of the Rights to equality enjoyed by the citizens of India.

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.

2. Describe special provisions which are provided for the advancement of the

backward classes.

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.

3. “The right to freedom is a cluster of six freedoms.” Explain.

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.

• 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.

4. Write a short note on

(i) Right Against Exploitation. (ii) Right to Freedom of Religion (iii) Cultural and Educational Rights:

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.

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.

5. How can we secure our fundamental rights?

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.