Sponsor Area
Tips: -
Imp.
Tips: -
Imp.
Tips: -
M. Imp.
Moreover the Fundamental Rights give self-confidence to citizens by providing them equality of status and opportunity and protecting them from exploitation by an individual or the state.
Tips: -
Imp.
Sponsor Area
Tips: -
Imp.
1. Every Fundamental Right also contains some exceptions. For example, the right to equality says that the State should make special provisions for women and children, scheduled castes and scheduled tribes and backward classes.
2. Another aspect of the right to equality is that the State cannot discriminate against anyone in the matter of employment. But there is a special provision for the reservation of posts for backward classes of citizens. The State can reserve some posts for them.
Tips: -
M. Imp.
(c) Private schools shall admit at least 25% of the children (of their total strength) in their schools without any fee.
(d) The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.
Tips: -
V. Imp.
(ii) The Cultural and Educational Right: According to this Fundamental Right the cultural and educational rights are guaranteed for the minorities. This right protects the interest of the minorities by giving them the right to protect and preserve their language, script and culture. The minorities also have been given the right to establish and maintain the educational institutions for preserving their religion,language and culture.
(i) Right to equality.
(ii) Right to freedom.
(iii) Right against exploitation.
(iv) Right to freedom of religion.
(v) Cultural and educational rights.
(vi) Right to constitutional remedies.
The fundamental rights are of great importance. This importance is given below:
1. These rights are necessary for the development of man's personality. They assure him of his physical, mental and moral development.
2. Without these rights, we cannot make our life happy and prosperous.
3. The importance of these rights lies in the fact that they have been guaranteed by the Constitution of India. If rights of any citizen is violated, he can move to the courts (SupremeCourt or High Court) or courts may take action according to the law.
Rights are protected by the state because they are recognised by it. Rights are not constant at all times. They change according to the changing times because people require different facilities under different circumstances.
Tips: -
Imp.
Sponsor Area
(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.
(b) A director make's documentary film that criticises the policies of the government.
(c) People displaced by a big dam take out rally demanding rehabilitaiton.
(d) Andhra Society runs Telugu mediumschools outside Andhra Pradesh.
(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalized. In this situation the right to equality is violated. As in the Right to Equality. It is mentioned that all the citizens are considered equal in all aspects of life. Nobody should be discriminated against on the basis of sex, caste,creed and colour, etc.
(b) A director makes a documentary film that criticises the policies of the government. In this situation the freedom of expression is being used.
(c) People displaced by a big dam take outrally demanding rehabilitation. Though in our constitution the right to reside and settle in anypart of India is given to the citizens in Right to Freedom. People have to right to take out rally. But the government can maintain law and order, impose some restrictions on such rally. Inthis case central and educational rights are being violated.
(d) All linguistic minorities can set up their own educational institutions to preserve and develop their own culture. Thus the Andhra Society has every right to run Telugu medium schools outside Andhra Pradesh.
(a) Only children belonging to the minority group that has opened educational institution can study there.
(b) Government schools must ensure that children of the minority groups will be introduced to their belief and culture.
(c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.
(d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.
So linguistic and religious minorities can open schools for their children and keep it reserved for them. It is a correct interpretation.
Tips: -
V. Imp.
Moral rights are those rights which are related to our ethical sense of life. Such rights do not have the backing of the law behind them. It is the moral sense that recognise these moral rights. Children have the moral right to be looked after by their parents, have the moral right to seek assistance from their grown up children.
If moral rights are violated no legal action is taken. But if legal rights are violated legal action may follow.
A legal right is a right recognised by the state; it is in a way the product of law. As such a legal right is always enforceable. We can be helped by the police and courts for enjoyment of our legal rights.
Merely writing down a list of rights is not enough without provision for a way through which they could be realised in practice and defended against any attack on these rights, these rights would be toothless. Right to constitutonal Remedies is the means through which this is achieved. This is why right is the most important Dr. Ambedkar considered the Right to Constitutional Remedies as 'heart and soul' of the constitution.
Children, women, and the socially and educationally backward classes, there is a provision for 'reservations' in jobs and in admissions. Some people have wondered whythere are reservations if we follow the principle of equality.
In fact Article 16(4) of the constitution explicity clarifies that a policy like resevagioon will not be seen as a violation of right to equality. If we try to find out the spirit of the constitution, this is required for the fulfilment of the right to equality of opportunity.
Article 16(4) Nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of only backward class of citizens which in the opinion of the state, is not adequately represented in the services under the state.
Tips: -
M. Imp.
Tips: -
Imp.
Tips: -
V. Imp.
1. Fundamental Duties are non-controversial in nature:Politicians of different views agree on the utility and importance of Fundamental Duties. They are in the best interest of the country and awaken patriotism among the citizens.
2. The Fundamental Duties are the idealsand the guidelines for the individual: These are ideals in nature and lead the citizen in the right direction. The environment of selfishism is rampant in the country. There is no balance between the interests of the society and the individual. This tendency is harmful to the society. Fundamental Duties would serve as an ideal behaviour to all of them.
3. The Fundamental Duties will create Consciousness among the people: The fulfilment of the fundamental duties are voluntary and not compulsory. They will slowly awake the consciousness of the people to do their duties. The late Prime Minister Indira Gandhi said in the Parliament, 'If people keep the Fundamental duties in their minds, we would soon witness a peaceful and friendly revolution.'
Tips: -
V. Imp.
Or
Highlight the significance of the writs which the Courts can issue to ensure to the citizens their Fundamental Right to Constitutional Remedies under Article 32 of the Constitution.
Tips: -
M. Imp.
But the Directive Principles are non-justiciable i.e., no case can be taken to a law court,in case a Directive Principle is violated. These have been put into the Constitution only to remind the Central and State Governments that these are their pious duties. If the government violates them or does not act in accordance with them, no case can be taken to the judiciary against it.
2. Directive Principles concern with the state while the Fundamental Rights with the citizens: There is also a difference between the Fundamental Rights and the Directive Principles that the former are directly concerned with the individuals, whereas, the direct relation of the latter is with the state. The Fundamental Rights are guaranteed for all and everyone has the right to enjoy them, whereas the Directive Principles are the objectives before the state for the achievement of which the state is expected to take appropriate steps from time-to-time. Though it is certain that the state has to come into the picture for safeguarding the rights and implementation of the principles also will affect the lives of the individuals, yet the main and direct concern of the Fundamental Rights is with the individual and that of the Directive Principles with the state.
3. The Fundamental Rights can be suspended, but the Directive Principles cannot: There is a provision in the Constitution of India that during emergency the President of India has the power to suspend some of the Fundamental Rights guaranteed to the Indian citizens. During emergency even the right to Constitutional Remedies is also suspended but there is no provision for the suspension of the Directive Principles in any circumstances. There may be normal environment in the country or the state of emergency, the Directive Principles continue.
4. Fundamental Rights concern with the individuals, while the Directive Principles with society: Fundamental rights concern the individual whereas Directive Principles concern with the entire society in which the individual is nothing but a component part. The Fundamental Rights have been guaranteed the citizens for their all-round development. Therefore, they are directly concerned with the individuals, but the Directive Principles are concerned with the development of entire society as a whole. In Article 38 of the Constitution it has been clarified that the state shall try to create such a society where all will have social and economic justice.
Article 27 of the Indian Constitution provides that no person shall be compelled to pay taxes the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religious denomination.
(d) Prohibition of religious instructions in the institutions maintained out of State funds: Article 28 of the Indian Constitution prohibits imparting of religious instructions in any educational institution wholly maintained out of State funds. But this prohibition shall not apply to any educational institution, which is established under any endowment or trust which be imparted in such institution, even if that educational institution happens to be administered by the state.
Importance of the Right to Freedom of Religion:
Out of the six fundamental rights which have been guaranteed to the citizens of India, the'Right to Freedom of Religion' is the most important right. It is important because it gives the freedom to adopt and propagate any religion of one's choice. The Government of India or anyother person cannot interfere in the religious affairs of the individuals otherwise the citizens have the right to go to the court.
What should be our conception of fundamental rights?.....we want to incorporate every one of these rights which our people want to get'.
Yes, I completely agree with Somnath Lahiri's views. A police constable keeps vigil on the unlawful activities and helps in maintaining law and order in the society. Most of the fundamental risks have been framed in this framework. There would be violation and then remedial order by the courts. These rights do not include more substantive rights like the Right to adequate livelihood, equal pay for equal work (for men andwomen), Right against economic exploitation, Right to work (only partly made justiciable) etc. Hence a very few of the rights have been conceded idealy every one of those rights which our people want should be incorporated.
Write true or false against each of these statements:
A.
A Bill of Rights, lays down the rights enjoyed by the people of a country.B.
A Bill of Rights protects the liberties of an individual.C.
Every country of the world has a Bill of Rights.D.
The Constitution guarantees remedy against violation of Rights.C.
The rights given and protected by theConstitution.
Sponsor Area
Sponsor Area
