Class 11 Political Science Chapter 2 Notes | Rights in the Indian Constitution

(Class 11 Political Science notes)

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1. Introduction to Rights

• Meaning of Rights:
  • Rights are claims of an individual that are recognised by society and sanctioned by law.
  • They are essential for a dignified life and for the development of personality.
• Why Rights are important?
  • Protect individuals from arbitrary actions of the State.
  • Ensure participation in political and social life.
  • Promote equality and justice.

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2. Fundamental Rights in the Indian Constitution

• Location: Part III of the Constitution (Articles 12–35).
• Original count: 7 Fundamental Rights (now 6 after the 44th Amendment in 1978 removed Right to Property).
• Nature:
  • Justiciable (enforceable by courts).
  • Universal for all citizens (some available to foreigners too).
• Classification (present 6 categories):
  1. Right to Equality – Articles 14 to 18
  2. Right to Freedom – Articles 19 to 22
  3. Right against Exploitation – Articles 23 & 24
  4. Right to Freedom of Religion – Articles 25 to 28
  5. Cultural and Educational Rights – Articles 29 & 30
  6. Right to Constitutional Remedies – Article 32

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3. Right to Equality (Articles 14–18)

• Article 14: Equality before law and equal protection of the laws.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Exceptions: Special provisions for women, children, SCs, STs, and socially/economically backward classes.
• Article 16: Equality of opportunity in matters of public employment.
• Article 17: Abolition of untouchability (offence punishable by law).
• Article 18: Abolition of titles (except academic/military distinctions).

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4. Right to Freedom (Articles 19–22)

Article 19 – Six freedoms for citizens:

1. Freedom of speech and expression.
2. Freedom to assemble peacefully and without arms.
3. Freedom to form associations or unions.
4. Freedom to move freely throughout the territory of India.
5. Freedom to reside and settle in any part of India.
6. Freedom to practise any profession, or to carry on any occupation, trade, or business.

• Reasonable restrictions: Imposed in the interest of sovereignty, security, public order, morality, etc.

Article 20 – Protection in respect of conviction for offences:

• No ex-post facto laws.
• No double jeopardy.
• No self-incrimination.

Article 21 – Protection of life and personal liberty:

• No person shall be deprived of life or personal liberty except according to procedure established by law.
• Expanded interpretation by judiciary to include:
  • Right to privacy.
  • Right to clean environment.
  • Right to livelihood, shelter, education.

Article 21A – Right to Education:

• Free and compulsory education for children between 6–14 years (86th Amendment, 2002).

Article 22 – Protection of rights of persons in case of arrest and detention:

• Preventive Detention provisions (max 3 months without Advisory Board approval).

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5. Right against Exploitation (Articles 23–24)

• Article 23: Prohibits human trafficking, forced labour, begar.
• Article 24: Prohibits employment of children below 14 years in hazardous industries.

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6. Right to Freedom of Religion (Articles 25–28)

• Article 25: Freedom of conscience and free profession, practice and propagation of religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom from payment of taxes for promotion of any religion.
• Article 28: Freedom from attending religious instruction in certain educational institutions.

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7. Cultural and Educational Rights (Articles 29–30)

• Article 29: Protection of interests of minorities – right to conserve their language, script, and culture.
• Article 30: Right of minorities to establish and administer educational institutions.

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8. Right to Constitutional Remedies (Article 32)

• Allows individuals to approach the Supreme Court directly for enforcement of Fundamental Rights.
• Writs:
  1. Habeas Corpus – produce the body.
  2. Mandamus – command to perform duty.
  3. Prohibition – forbid lower court from exceeding jurisdiction.
  4. Certiorari – quash order of lower court.
  5. Quo Warranto – question authority to hold public office.
• Described by Dr. B.R. Ambedkar as the “Heart and Soul” of the Constitution.

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9. Suspension of Fundamental Rights

• During National Emergency (Article 352), most Fundamental Rights can be suspended except Articles 20 & 21.
• Article 359 empowers the President to suspend enforcement of certain Fundamental Rights.

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10. Relationship between Fundamental Rights & Directive Principles

• Fundamental Rights → enforceable, protect individual liberty.
• Directive Principles → non-justiciable, aim at socio-economic democracy.
• Supreme Court has upheld the harmony between the two (Kesavananda Bharati case, 1973).

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11. Landmark Judgments

• Kesavananda Bharati v. State of Kerala (1973) – Basic Structure Doctrine.
• Maneka Gandhi v. Union of India (1978) – widened scope of Article 21.
• Indira Sawhney v. Union of India (1992) – upheld OBC reservations.
• Puttaswamy v. Union of India (2017) – Right to Privacy as a Fundamental Right.

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12. Amendments Related to Rights

• 42nd Amendment (1976) – curtailed rights during Emergency.
• 44th Amendment (1978) – restored rights, removed Right to Property from Fundamental Rights.
• 86th Amendment (2002) – added Article 21A (Right to Education).

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13. Significance of Fundamental Rights

• Safeguard individual dignity.
• Protect democracy.
• Promote unity and integrity of the nation.
• Act as limitations on the power of the State.

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14. Conclusion

• Fundamental Rights are the cornerstone of Indian democracy.
• They ensure that citizens enjoy liberty, equality, and justice.
• Enforcement through judicial review strengthens the constitutional framework.

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