Chapter 2

1. Bill of Rights : A list of rights mentioned & protected by the A democracy must ensure that individuals have certain rights. A democracy must ensure that individuals have certain rights and that the government will always recognise these rights. A bill of rights prohibits government from thus acting against the rights of the individuals and ensures a remedy in case there is violation of these rights
2. Moti Lal Nehru committee had demanded fundamental rights in Nehru report in 1928…

RIGHT TO EQUALITY (Article 14-18)

1. Right to equality tries to do away with discrimination. It provides for equal access to public places like shops, hotels, places of entertainment, wells, bathing ghats and places of  worship. There cannot be any discrimination in this access on the grounds only of religion, race, caste, sex, or place of birth.
2. It also prohibits any discrimination in public employment on any of the above-mentioned basis. This right is very important because our society did not practice equal access in the public sphere.
3. Right to equality strives to make India a true democracy by ensuring a sense of equality of dignity and status among all its citizens.
4. Article 16 (4): It empower state to make provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the state. Article 16(4) of the constitution explicitly clarifies that a policy like reservation will not be seen as a violation of right to equality
5. Example of Article 16(4) : Reservation in Govt jobs and admissions
6. Preamble mentions two things about equality: equality of status and equality of opportunity. Equality of opportunity means that all sections of the society enjoy equal opportunities…

RIGHT TO FREEDOM (Article 19-22)

1. Equality and freedom or liberty, are the two rights that are most essential to a democracy. It is not possible to think of the one without thinking of the other. Liberty means freedom of thought, expression and action
2. However it does not mean freedom to do anything that one desires or likes
3. These rights are not absolute. It is subject to restriction imposed by the government
4. For example right to freedom of speech and expression is subject to restrictions such as public order, peace and morality etc.
5. Article 21: Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to procedure established by law
6. No citizen can be denied his or her life except by procedure as laid down under the law
7. Similarly no one can be denied his/her personal liberty
8. Supreme court has ruled that Right to live with human dignity, right to shelter, right to privacy, right to life are under article 21
9. Preventive detention :- If the government feels that a person can be a threat to law and order or to the peace and security of the nation, it can detain or arrest that This preventive detention can be extended only for three months.
10. Rights of accused :- no one is guilty unless the court has found that person guilty of an offence. It is also necessary that a person accused of any crime should get adequate opportunity to defend herself or himself. To ensure a fair trial in courts, the Constitution has provided three rights:
11. no person would be punished for the same offence more than once,
12. no law shall declare any action as illegal from a backdate, and
13. no person shall be asked to give evidence against himself or herself
    

    RIGHT AGAINST EXPLOITATION (Article 23-24)

    1. Prohibited under the Constitution:-Begar or forced labour without payment, buying and selling of human beings and using them as slaves, forced labour,
    2. Violation of Rights against exploitation has now been declared a crime and it is punishable.
    3. Constitution also forbids the employment of children below the age of 14 years in dangerous jobs like factories and mines

    RIGHT TO FREEDOM OF RELIGION

    1. According to our Constitution, everyone enjoys the right to follow the religion of his or her choice.
    2. In India, everyone is free to choose a religion and practice that Freedom of religion also includes the freedom of conscience.
    3. This means that a person may choose any religion or may choose not to follow any religion
    4. Freedom of religion is subject to certain limitations. The government can impose restrictions on the practice of freedom of religion in order to protect public order, morality and health… This means that the freedom of religion is not an unlimited right.
    5. Government and Judiciary can interfere in religious matters for rooting out certain social i.e. Abolition of Sati, and Triple Talaq Abolition. Such restrictions cannot be opposed in the name of interference in the right to freedom of religion.
    6. The Constitution has guaranteed the right to propagate one’s This includes persuading people to convert from one religion to another however, the Constitution does not allow forcible conversions. It only gives us the right to spread information about our religion and thus attract others to it
    7. india does not have any official religion

CULTURAL AND EDUCATIONAL RIGHTS (Article 29-30)

1. One of the fundamental rights is the right of the minorities to maintain their This minority status is available to religious, linguistic and cultural minorities.
2. All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture.
3. The government will not, while granting aid to educational institutions, discriminate against any educational institution on the basis that it is under the management of a minority community.

RIGHT TO CONSTITUTIONAL REMEDIES (Article 32)

1. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights.

Various special orders (Known as Writs) are issued by Courts for enforcements of rights

1. Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory
2. Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
3. Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction
4. Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.
5. Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
   Apart from the judiciary, many other mechanisms have been created in later years for the protection of rights , such as the National Commission on Minorities, the National Commission on Women, the National and State Human Right Commission.

   National Human Rights Commission (NHRC)

   1. Established in 1993 under the Protection
   2. The National Human Rights Commission (NHRC) is composed of a former chief justice of the Supreme Court of India, a former judge of the Supreme Court, a former chief justice of a High Court and two other members who have knowledge and practical experience in matters relating to human right.
   3. The Commission’s functions include inquiry at its own initiative or on a petition presented to it by a victim into complaint of violation of human rights; visit to jails to study the condition of the inmates; undertaking and promoting research in the field of human rights, etc
   4. The Commission does not have the power of prosecution. It can merely make recommendations to the government or recommend to the courts to initiate proceedings based on the inquiry that it conduct.

   DIRECTIVE PRINCIPLES OF STATE POLICY (Article 36-51)

   1. Directive Principles contain 3 main thing –
   2. the goals and objectives that we as a society should adopt;
   3. certain rights that individuals should enjoy apart from the Fundamental Rights; and
   4. certain policies that the government should adopt.
   5. These guidelines are ‘non-justiciable’ e., parts of the Constitution that cannot be enforced by the judiciary.
   6. Borrowed from Irish constitution…
   7. Governments from time to time tried to give effect to some Directive Principles of State Policy . e. zamindari abolition bills

Fundamental Duties (Article 51-A)

1. It was added through 42nd constitutional amendment act 1976 on the recommendation of Swarn singh committee.
2. As citizens, we must abide by the Constitution, defend our country, promote harmony among all citizens, protect the environment
3. Inclusion of fundamental duties has not changed the status of our fundamental rights
4. Originally there were 10 fundamental duty , as of now there are 11 fundamental duty

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

1. Sometimes, when government intends to implement Directive Principles of State Policy, it can come in conflict with the Fundamental Rights of the citizen.
2. Court held the view that Fundamental Rights were so important and sacred that they cannot be limited even for purposes of implementing Directive Principles

Right to Property

• 1. In 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment. In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right under article 300 A.
• The government was saying that Parliament can amend any part of the Constitution. The court was saying that Parliament cannot make an amendment that violated Fundamental Rights. This controversy was settled by an important decision of the Supreme Court in Kesavananda Bharati case. In this case, the court said that there are certain basic features of the Constitution and these cannot be changed by Parliament.