Democratic Rights
What is a Right?
1. Rights are reasonable claims of
persons recognised by society and
sanctioned by law.
2. To live happily, without fear and without
being subjected to degraded treatment.
Others actions should not be able to
harm us.
3. Rights should be reasonable i.e. they
can be made available to others in an
equal measure. Thus, a right comes with
an obligation to respect other rights.
How they are formed?
1. Need is felt by the society.
2. Rights acquire meaning only when they are recognised by the
society we live in.
a. Just because we claim some thing it does not become our right.
b. The notion of rights changes from time to time and society to society.
3. When the socially recognised claims are written into law
they acquire real force.
a. Otherwise they remain merely as natural or moral rights.
b. When law recognises some claims they become enforceable. We can then
demand their application. When fellow citizens or the government do not respect
these rights we call it violation or infringement of our rights. In such
circumstances citizens can approach courts to protect their rights
Rights are reasonable claims of
persons recognised by society
and sanctioned by law.
Why do we need rights in a democracy?
1. Rights are necessary for the very sustenance of a
democracy.
a. Right to vote, right to be elected to government, right to express their opinion,
form political parties and take part in political activities.
2. Rights protect minorities from the oppression of majority.
They ensure that the majority cannot do whatever it likes.
a. 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.
Types of Rights
Fundamental Rights Legal Rights
1. Protected and guaranteed by the Constitution 1. Legal rights are protected and enforced by
of the country. ordinary law of the country.
2. If these are violated then an individual can
2. If these are violated then an individual have
move to Supreme Court or High [Link] remedy to
move to SC in case of violation of FR is itself a to move to ordinary court first.
fundamental right.
3. Not a part of the Basic structure doctrine.
3. Part of the basic structure of the Constitution.
4. These rights impose a corresponding
4. Individual has these rights against the state.
obligation on the individual (and in some
cases state too). For eg: Right to vote is a
legal right
Right to Equality (A14-18)
Article 14 -states that the government shall not deny to any person in India equality
before the law or the equal protection of the laws.
● It means that the laws apply in the same manner to all, regardless of a person’s
status. This is called the rule of law. It means that no person is above the law.
A15 The government shall not discriminate against any citizen on grounds only
of religion, race, caste, sex or place of birth.
A15(a)Every citizen shall have access to public places like shops, restaurants, hotels,
and cinema halls.
A15(b) There shall be no restriction with regard to the use of wells, tanks, bathing ghats,
roads, playgrounds and places of public resorts maintained by government or dedicated
to the use of general public.
Are all reservations against equality?
A16- All citizens have equality of opportunity in matters relating to
public employment.
● Equality does not mean giving everyone the same treatment, 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 special treatment to someone in order to ensure equal
opportunity. This is what job reservations do
A-17 The practice of untouchability has been forbidden in any
form.
● Untouchability 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.
