JKBOSE 9th Class Social Science Solutions Chapter 5 Democratic Rights 

Meaning of Rights : Rights are those conditions of social life without which human personality cannot develop.

Democratic Rights : Rights are enjoyed by the citizen in a democratic state. In the modern democratic state citizens are given Civil, Political, Religious and Economic Rights.

Fundamental Rights : Rights granted by the Constitution are called Fundamental Rights. Part-III of the Indian Constitution deals with the Fundamental Rights.

(i) Fundamental Rights are the most detailed and comprehensive.

(ii) Fundamental Rights are limited.

(iii) All citizens are equally entitled to Fundamental Rights.

(iv) Fundamental Rights are of Positive and Negative nature both.

Classification of Fundamental Rights : The Fundamental Rights given in the Constitution are classified under six main heads :

(i) Right to Equality, Art. 14-18.

(ii) Right to Freedom, Art. 19-22.

(iii) Right Against Exploitation, Art. 23-24.

(iv) Right to Freedom of Religion, Art. 25-28.

(v) Cultural and Educational Rights, Art. 29-30.

(vi) Right to Constitutional Remedies, Art. 32.

National Human Rights Commission : National Human Rights Commission was established in 1993. It enquires into the complaints of the violation of human right.

(a) Workers from Bihar go to Punjab to work on the farms.

(b) Christian mission set up a chain of missionary schools.

(c) Men and women government employees get the same salary

(d) Parents, property is inherited by their children.

Ans.—(d)

(a) Freedom to criticise the government.

(b) Freedom to participate in armed revolution.

(c) Freedom to start a movement to change the government.

(d) Freedom to oppose the central value of the Constitution.

Ans.— (b).

Ans.— (c) Right to protect one’s culture.

Ans.— (a) Freedom of religion.

(b) Protection of individual life and personal liberty.

(c) Right to equality.

(d) Right against exploitation.

(c) Giving rights is good, but it is not necessary for a democracy.

Ans.— The statement, “Every country that is a democracy gives right to its citizens is more valid because citizens enjoy rights only in a democracy state. Without rights citizens cannot participate in the administration of the state. Rights are also very helpful in the development of the personality of the citizens. Without rights democracy cannot be true democracy.

Ans.— (a) Yes, this restriction is justified for the security of the country.

(b) Yes, this restriction is also justified to protect the culture and interests of the people. In Himachal Pradesh and J & K outsiders are not allowed to purchase property.

(c) No, this restriction is not justified because it is against the right of expression.

Ans.—                                        Respected District Collector,

Sir,

I am to inform you that I am refused admission in MBA being a son of sweeper. This is clear cut violation of the Right to Equality. Moreover, I am a SC candidate. Seats are reserved for SC students. Right to education is my fundamental right. I very kindly request you to do the needful.

Yours faithfully,

Manoj

Ans.— In this dispute right to equality is involved. Madhurima is right. She can write her name according to her sweet will. She cannot be forced to write Rao with her name.

Ans.— Petition on behalf of the forest dwellers to the NHRC (National Human Rights Commission)

Sir,

The government has snatched our livelihood and beliefs. Our elderly persons used to live in the forests and do worship Van Devta’ and ‘Mountains’. But due to our displacement from the Satpura National Park, we are deprived of our livelihood and beliefs. Kindly look into the matter and help us.

The displacement from the Satpura National Park, Bari Wildlife Sanctuary and Panchmarhi Wildlife Sanctuary is essential for the development of the area for the protection of Wildlife.

(i) Constitution

(ii) Parliament

(iii) God or nature

(iv) King.

Ans.—  (iii) God or Nature.

(i) Aliens only

(ii) Children only

(iii) Citizens only

(iv) Aliens and Citizens

Ans.— (iii) Citizens only.

(i) Legal Rights

(ii) Economic Rights

(iii) Political Rights

(iv) Civil Rights.

Ans.— (iii) Political Rights.

(i) Right to vote

(ii) Right to life

(iii) Right to contest election

(iv) Right to Equality.

Ans.— (ii) Right to life.

(i) Cultural and Educational Rights

(ii) Right against Exploitation

(iii) Right to Liberty

(iv) Right to Equality.

Ans.— (iv) Right to Equality.

(iii) Right to Freedom

(iv) Right to Life.

Ans.— (ii) Right to Vote.

1. Right to vote is a ………… right.

2. Indian Constitution has now …………. Fundamental Right.

3. Rights and ……….. are the two sides of the same coin.

Ans.—1. Political, 2. Six, 3. Duties.

1. Natural Rights are those which are given by state.

2. Civil Rights are given to the Individual by state.

3. Right to life is a Political Right.

4. Right to vote is Political Right.

Ans.— 1. x, 2. √, 3. x, 4. √.

Ans.— Human Rights are those fundamental rights which are very much essential for an individual to develop his personality.

Ans.— 10th December is celebrated in the whole world as Human Rights Day.

Ans.— Supreme Court.

Ans.— Rights are very essential for the development of personality of the individual. Without them no one can lead a good life.

Ans.— The legal rights stated in the Constitution are called Fundamental Rights, These rights are considered essential for the development of an individual.

Ans.— United States of America.

Ans.— The Fundamental Rights have been mentioned in the part-III of the Constitution of India.

Ans.— The Fundamental Rights have bean mentioned under Article 14 to 32.

Ans.— Seven Fundamental Rights.

Ans.— At present there are 6 Fundamental Rights in our Constitution.

Ans.— Right to Property.

Ans.— 44th Amendment.

Ans.— The Right to Property is not a Fundamental Right.

Ans.— (i) Right to Equality

(ii) Right to Freedom.

Ans.— (i) Fundamental Rights are justiciable.

(ii) Fundamental Rights are not absolute.

Ans.— Fundamental Rights can be amended by the pro 368. process mentioned under Article

Ans.— Union Parliament has the power to make amendment in the Fundamental Rights.

Ans.—  Begar’ is a practice where the worker is forced to do work to the master free of charge or at a nominal wages.

Ans.— Selling and buying human beings and forced labour is prohibited by this right.

Ans.— The term traffic means selling and buying of men, women or childern for immoral purposes.

Ans.— Dalit are also known of other names such as the scheduled castes, depressed classes.

Ans.— Fundamental Rights can be suspended under Article 359.

Ans.— Fundamental Rights are not absolute.

Ans.— The Right to Equality has been mentioned under Articles 14-18.

Ans.— Untouchability has been abolished under Article 17.

Ans.— Right to liberty is mentioned under Articles 19-22.

Ans.— Six types of liberties are given by Article 19 of the Constitution.

Ans.— (i) Right to Freedom of Speech and Expression.

(ii) Right to move freely throughout the territory of India.

Ans.— Right to Freedom of Religion is mentioned under Articles 25-28.

Ans.— Right against Exploitation has been mentioned under Articles 23-24.

Ans.— Cultural and Educational Rights have been mentioned under Articles 29 and 30.

Ans.— Article 29 of the Constitution protects the interests of the minorities.

Ans.— Right to Constitutional Remedies is included under Article 32.

Ans.— (i) The writ of Habeas Corpus.

(ii) The writ of Mandamus.

Ans.— Habeas Corpus mean ‘Let us have the body’.

Ans.— The word Mandamus’ has been taken from Latin language.

Ans.— Mandamus means ‘We Command’.

Ans.— The word Quo-warranto literally means ‘by what warrants.’

Ans.— The President of India can suspend the Fundamental Rights.

Ans.— Equality before law means that all citizens of India are equal before the eyes of the law. The law shall make no discrimination on any base.

Ans.— No, the President of India has no power to stay me from approaching the Supreme court to secure any Fundamental Right.

Ans.— Summon is an order issued by a court asking a person to appear before it.

Ans.— Rights are those conditions of social life without which human personality cannot develop. The rights are recognised by the state. According to Boranquet, “A right is a claim recognised by society and enforced by the state.”

Ans.— Rights are necessary to the individuals because man can develop all his mental, physical and spiritual qualities only if he is given certain rights and privileges by the State. Each State gives certain rights to the citizens which are essential for the development of the personality of the individuals. In brief, we can say that rights are essential for all round development of the individuals.

Ans.— 1. Right to freedom in domestic affairs : The citizens should be given freedom in their domestic affairs. The state should not interfere in the personal life of the individuals. The state cannot prescribe a particular dress and food for the people. The state cannot lay down the rules for fashion. The individuals should be left free in their domestic affairs.

2. Right to adequate wages : The citizens must be given such wages as will enable them to maintain, at least, the minimum standard of living. If the workers do not get adequate wages for their work, they cannot improve their standard of living. Now a days the state fixes minimum wages for minimum hours so that every individual gets all the facilities of life.

Ans.— The people often demand the following economic rights :

1. Right to work : In the modern world, no person can live without doing some work by which he earns his livelihood. Since every responsible state shoulders the responsibility of making its citizens morally and materially fit for the struggle of life, it has to see that they have work enough to give them a decent living.

2. Right to adequate wages : If the workers do not get adequate wages for their work, they cannot improve their standard of living. A man has not only the right to work, he has also the right to be paid an adequate wages for his labour. The citizens must be given such wages as will enable them to maintain, at least, the minimum standard of living.

Ans.— 1. Right to vote : Right to vote is the most important political right. It is through the exercise of this right that citizens in a democracy take part in the government of the country. In most of the modern states every adult person, man or woman is given the right to vote. By getting the right to vote, the people govern over themselves.

2. Right to contest Elections. Every voter is normally given the right to be elected to the local boards and state or central legislatures. Certain states sometimes impose certain restrictions regarding age, education, etc. for being elected to the legislative bodies. Some qualifications for contesting the election can, of course be laid down.

Ans.— (i) Fundamental Rights are entitled to all citizens of India without any discrimination.

(ii) Fundamental Rights are not absolute.

(iii) Fundamental Rights can be restricted or suspended.

(iv) Fundamental Rights are justiciable.

Ans.— Part III of our Constitution mentions the following Fundamental Rights :

1. Right to Equality

2. Right to Liberty.

3. Right against Exploitation.

4. Right to Religious Freedom.

5. Right to Culture and Education.

6. Right to Constitutional Remedies.

Ans.— Right to Freedom of Religion means that all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.

Ans.— Right to Equality and Right to Freedom of Religion have made India a Secular State. In India freedom of religion is guranteed to all citizens and no discrimination can be made on the basis of religion.

Ans.— Fundamental Rights are not absolute. The Constitution empowers the government to put reasonable restrictions on the fundamental rights in the interest of all sovereignty and integrity of India security of the State, etc.

Ans.— Fundamental Rights can be suspended during emergency and in that case we cannot move the courts to get the Fundamental Rights enforced. The President of India has the power to suspend Fundamental Rights.

Ans.— The Constitution of India recognises the dignity of the individual and protect him against any form of exploitation either by the State or by the privileged class in the Society. Traffic in human beings (i.e.) selling and buying of human beings and begaar (forced labour) are prohibited. The Constitution prohibits the employment of children below the age of 14 years in any factory or mine. Children are the future of the country; hence they must be protected against any form of exploitation.

Ans.— Article 23 prohibits all traffic in human beings and begaar and other similar forms of forced labour. “Traffic in human beings is evidently a very wide expression and would embrace not only the prohibition of slavery but also traffic in women for immoral or other purposes.” Contravention of this prohibition has been made an offence punishable in accordance with law.

Ans.— Indian Constitution grants the freedom of speech and expression and provides for free exchange of ideas, discussion and their views. Freedom of speech and expression also includes publication and the freedom of press. But the State can put restrictions on the use of this right on certain grounds.

Ans.— (i) Article-29 provides that any section of the citizens residing in the territory of India or any part thereof having distinct language, script or culture of its own shall have right to conserve the same.

(ii) Article-30 provides that all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice. The State shall not in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority.

Ans.— The Constitution originally provided for right to property in its Article 19 and 31. Art. 19 guarantees to every citizen the right to acquire, hold dispose of property subject to reasonable restrictions. Art. 31 guarantees the right to private property and the right to enjoy and dispose of property. But the 44th Amendment omitted the right to property from the category of Fundamental Rights and made the same right a legal right.

Ans.— Right to Property was deleted from the Fundamental Rights because the right to property created obstacle in the goal of the achievement of socialist pattern of society. The word ‘Compensation’ was a great stumbling block. The Supreme Court struck down the Anti-Zamindari Laws. Hence by 44th Amendment, Right to Property was deleted.

Ans.— (i) During the proclamation of emergency caused by external aggression or armed rebellion, the President can by order suspend Fundamental Rights and their enforcement in the courts of law.

(ii) During emergency caused by internal disturbance Fundamental Rights under Article 19 are automatically suspended in the disturbed area.

Ans.— Writ of Habeas Corpus is the most valuable writ for personal liberty. ‘Habeas Corpus’ means ‘Let us have the body’. A person when arrested moves the Court for the issue of writ of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been lawfully detained or not. If the Court convinced that the person is illegally detained, it can issue orders for his release.

Ans.— ‘Mandamus’ is a Latin word which means ‘We command’. Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty. This writ does not apply to President and Governors.

Ans.— The writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example a person of 60 years is appointed to fill a public office whereas the retirement age is 55. Now the appropriate High Court has a right to issue a writ of quo-warranto against that person and declare the office vacant.

Ans.— Writ of Prohibition means to forbid or to stop and it is popularly known as ‘Stay orders’. This writ is issued when a lower court or body tries to transgress the limits of powers vested in it. It is a writ issued by a superior court to a lower court or a tribunal forbiding it to perform an act outside its jurisdiction. After the issue of this writ proceedings in the lower court come to stay.

Ans.— Fundamental Rights are included in the Constitution to uphold the dignity of the individual. The object of enshrining Fundamental Rights in the Constitution is to sustain the proposition that the system of government recognised by the Constitution embodies the concept of limited government (i.e.) a government of laws and not of men. Another very important reason for the inclusion of Fundamental Rights in the Constitution of India is to create a climate of trust and confidence in the minds of minorities living in the country.

Ans.— Right to Constitutional Remedies is the most significant right mentioned in the Constitution. This right is often described as the most fundamental of all the Fundamental Rights. Because all other rights given under part-III of the Constitution would become meaningless wihtout this right. Our other rights are not only implemented by this right but safeguarded also. That is why many constitutional experts describe this right as the heart and soul of Fundamental Rights.

Ans.— There is great importance of the Fundamental Rights given in the Indian Constitution. The Fundamental Rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make the life worth-living. The Fundamental Rights safeguard the individual by putting restriction on the arbitrariness of the Government.

Ans.— The Supreme Court and High Courts can issue five types of writs under Article 32 of the Constitution. These writs are :

(i) Writ of Habeas Corpus,

(ii) Writ of Mandamus,

(iii) Writ of Quo-Warranto,

(iv) Writ of Prohibition,

(v) Writ of Certiorari.

Ans.—The Constitution makes the Supreme Court the ultimate guardian of Fundamental Rights and liberties of the people. Rights of the people have no meaning if they are not backed and upheld by judiciary. It is both the jurisdiction as well as the responsibility of Supreme Court to issue orders, directions and writs of Habeas Corpus, Mandamus. Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of Fundamental Rights. However, this jurisdiction of the Supreme Court is not exclusive. State High Court have also been given similar powers.

Ans.— Part III of Indian Constitution contains the Fundamental Rights for the Indian citizen. Following are the main features of Fundamental Rights given in the Indian Constitution.

1. All Citizens are equally entitled to the Fundamental Rigths : The Constitution declares that rights contained in Part III are to be enjoyed by all the citizens of India. There can be no discrimination.

2. Fundamental Rights are not Absolute : Fundamental rights are not absolute. The Constitution imposes certain restrictions on these rights.

3. Fundamental Rights can be suspended : Fundamental Rights can be restricted or suspended as the circumstances demand.

4. Fundamental Rights are Justiciable : These are justiciable. Art. 32 of the Constitution provides that if state or any other authority encroaches upon the rights of a person, the later can move to the Supreme Court and the High Courts for the enforcement of his rights.

5. No Natural Right enumerated in the Constitution : The Indian Bill of Rights is not based on the theory of natural rights. Our Fundamental Rights have been specified in the Constitution. A Right which is not incorporated in Part III is not fundamental right.

6. These can be Amended : Fundamental Rights can be amended by the procedure given in Art. 368. According to this Article only Parliament is competent to amend the provisions of the Fundamental Rights with two-third majority of the total membership of the Parliament.

Ans.— The Fundamental Rights enumerated in the Indian Constitution are the most elaborate in the world. The Constitution of India provides for Fundamental Rights by developing a complete and separate Part (Part III) and classifies them under six categories. Six Fundamental Rights are as follows :

1. Right to Equality (Articles 14 to 18.)

The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. The positive concept of equality is that special privileges of all kinds should be abolished. Untouchability is abolished.

2. Right to Freedom (Articles 19 to 22).

Articles 19-22 of the Constitution guarantee to the citizens Rights of Freedom. Article 19 guarantees six freedoms viz. (1) Right to Freedom of Speech and Expression; (2) Right to Assemble peacefully and without arms; (3) Right to form Associations; (4) Right to move freely throughout the territory of India; (5) Right to reside and settle in any part of the territory of India; (6) Right to practise any profession. Articles 20 to 22 guarantee personal liberty.

3. Right against Exploitation (Articles 23-24).

The Constitution of India recognises the dignity of the individual and protect him against any form of exploitation either by the State or by the privileged classes in the society. Art. 23 provides that traffic in human beings and begaar (forced labour) and similar other forms of forced labour are prohibited.

Art. 24. prohibits the employment of children below the age of 14 in any factory. mine or any other hazardous (dangerous) employment.

4. Right to Freedom of Religion (Articles 25-28).

Articles 25-28 deal with the right to freedom of religion, Right to freedom of religion has been guaranteed to all persons residing in India. Art. 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.

Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds.

5. Cultural and Educational Rights. (Articles 29 and 30.)

Under Articles 29 and 30, the Constitution guarantees certain cultural and educational rights. No citizen shall be denied admission into any educational institution maintained by the State receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

The Constitution protects the interests of the minorities in India. The Constitution provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

6. Rights to Constitutional Remedies. (Article 32.)

Art. 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution.

1. Equality Before Law : Article 14 of the Constitution guarantees all persons equality before law and equal protection of law within the territory of India. There can be no discrimination between one citizen and another on the basis of caste, class, creed, sex or any of them. This ensures the Rule of Law in the country.

2. No Discrimination : Art. 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. The same Article provides that all the citizens shall have access to shops, public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, etc. However, nothing in this Article shall prevent the State from making any special provisions for women and children.

3. Equality of Opportunity : The Constitution guarantees equality of opportunities for all citizens in matters relating to employment or appointment to any office under the State. No citizen ahall, on grounds only of religion, race, caste, sex descent, place of birth, residence or any of them, be ineligible for or discriminated against, in respect of any employment or office under the State.

4. Abolition of Untouchability : Untouchability has been a bane of the Indian society. Social Justice is impossible to achieve where untouchability is practised in any form. Article 17 abolishes untouchability and its practice it any form is forbidden.

5. Abolition of Titles : Art. 18 provides that no title, not being a military or academic distinction, shall be conferred by the State. The Constitution prohibits citizens of India from accepting any title from any foreign country.

Ans.— The Right to Freedom is regarded as the most fundamental right. Article 19 to 22 deal with this right. Article 19 provides six freedoms: freedom of speech and expression; freedom of assembly; freedom of association; freedom of movement; freedom of residence and settlement; freedom of profession occupation, trade or business. These freedoms are not absolute. The guarantee of each of these freedoms is limited by the Constitution.

Personal Liberty. Articles 20-22 aim at protecting the individual’s life and personal liberty.

(i) No person shall be convicted of any offence except for violation of a law.

(ii) No person shall be subjected to a penalty greater than that which might have been inflicted under the law.

(iii) No person shall be deprived of his life or personal liberty except according to procedure established by law.

(iv) The State shall not deny to any person equality before law.

(v) No person can be arrested in any arbitrary manner, nor can he be detained for an indefinite period.

(vi) The Constitution also provides some safeguards to persons arrested under the preventive detention law.

Ans.— Under Articles 29 and 30, the Constitution guarantees certain cultural and educational rights, Art. 29 provides that any section of the citizens residing in the territory of India or any part there of having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only by religion, race, caste, language or any of them.

Art. 29 protects the interests of minorities in India. Those minorities may be religious, linguistic or cultural. This Art. helps the minorities to protect their religion, language and culture.

Art. 30 provides that all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management, of minority, whether based on religion or language.

Ans.— The National Human Rights Commission started on 12th October 1993. It has eight members, a chair person, a present or former judge of the Supreme Court, a present or former chief justice of a high court; two members knowledgeable in the area of human rights and the chair person of the National Commission for Women, National Commission for SCs and STs and the National Commission for Minorities. It protects and promotes human rights. It looks into the complaints of violation of human rights and works to protect the rights of all the members of society.