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.
A. True
Explanation– The bill of rights is the first ten amendments to the constitution. They are amendments or additions to the original text. The bill of rights lays down the different rights that are to be enjoyed by the people of a country. It protects the citizen from excess government power and secures their rights. This is achieved by ensuring the separation of powers between different government branches.
B. True
Explanation– The Bill of Rights contains rights designed to guarantee liberties of the individual. The purpose of the bill is to prevent the federal government from taking away our rights as humans and citizens when the government (state or national) does something that violates our rights it is up to the Supreme Court using its power of judicial review to strike down the act citing the bills of rights. Only then bill of right protect out right and liberties as a citizens.
C. False
Explanation– it is not necessary for all countries to have a bill of rights. All countries with legal and political system similar to Australia have a Bill or charter of Human Rights. For example, Canada, The United States and South Africa all have a bill of rights in their constitution and the United Kingdom and New Zealand have Human Rights. Bill of rights may be fixed or flexible.
D. True
Explanation– Constitution guarantees remedy against violations of Rights. In the Indian constitution article 32 provides constitutional remedies against the violation of transgression of fundamental rights. The fundamental rights are of highest importance to the individuals. They are basic conditions for the fullest development of personality. When any of our rights are violated we can seek remedy through courts.
Article 32 of the Indian constitution provides for constitutional remedies against the violation or transgression of fundamental rights. The fundamental rights are of highest importance to the individuals. They are basic conditions for the fullest development of personality.
Which of the following is the best description of Fundamental Rights?
A. All the rights an individual should have.
B. All the rights given to citizens by law.
C. The rights given and protected by the Constitution.
D. The rights given by the Constitution that cannot ever be restricted.
Fundamental Rights are the basic rights of the people and the charter of rights contained in part III of constitution of India. Taking the example of India, it guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies such as equality before law, freedom of speech and expression, religious and cultural freedom, freedom to practice religion, etc. Mainly it also has constitutional remedies for protection of the civil rights by means of writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. Violation of these rights results in punishment as prescribed in the Indian Penal code or other special laws, subject to discretion of the judiciary. The fundamental rights are defined as basic human freedoms that every citizen of India has the right to enjoy for a proper and harmonious development of personality.
Read the following situations. Which Fundamental Right is being used or violated in each case and how?
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 makes a documentary film that criticises the policies of the government.
C. People displaced by a big dam take out a rally demanding rehabilitation.
D. Andhra society runs Telugu medium schools outside Andhra Pradesh.
Following are the situations in which different fundamental rights were used or violated: -
A. Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalized. The right being violated in this situation the right to equality, specifically, right to equality of opportunity in employment. 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 right being used is the freedom of speech and expression. As the director makes a documentary in which he goes against the government by criticising the policies of the government freely.
C. People displaced by a big dam take out rally demanding rehabilitation. In our constitution the right to reside and settle in any part of India is given to the citizens in Right to Freedom People have to right to take out rally and assemble peacefully. But the government can to maintain law and order impose some restrictions on such rally if it creates violence or disturbance in the working of the government. In this case central and educational rights are being inviolate.
D. All linguistic minorities can set up their own educational institutions to preserve and develop their own culture. The right being used is the Cultural right to represent and protect one’s own language and culture. Thus, the Andhra Society has every right to run Telugu medium schools outside Andhra Pradesh.
Which of the following is a correct interpretation of the Cultural and Educational Rights?
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 group 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.
Linguistic and religious minorities can open schools for their children and keep it reserved for them, is the correct interpretation of the Cultural and Educational Rights.
In the Indian constitution,
Article 29 (i) provides that any sections 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. The article also protects the interest of minorities in India. According to Article 29 (ii) no citizen of India shall be denied admission into any government institution or government aided institution.
Article 80 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 grant aid to these institutions, which discriminate against any Educational institutes.
So linguistic and religious minorities can open schools for their children and keep it reserved for them. It is a correct interpretation.
Which of the following is a violation of Fundamental Rights and why?
A. Not paying minimum wages
B. Banning of a book
C. Banning of loudspeakers after 9 pm.
D. Making a speech
Not paying minimum wages is a violation of Fundamental Rights as it is a form of exploitation of the labour and not providing him his minimum wage and also because this violation or this act comes under the Rights against exploitation in the Indian constitution. In our country there are millions of people who are underprivileged and deprived. Beggar of forced labour-without payment or not paying the minimum wages or some form of bonded labour- these are the examples of such exploitation.
An activist working among the poor says that the poor don’t need Fundamental Rights. What they need are Directive Principles to be made legally binding. Do you agree with this? Give your reasons.
No, I don’t agree with this statement. Fundamental rights are the most crucial rights for the people and it cannot be denied to any section of the society including the poor section as well. While directive principles implementation is required to improve the conditions of the poor but fundamental rights ensures universal dignity to every citizen of its country and creates equality among people. The fundamental rights also ensure equality in employment for the poor people and equally pay of wages. In the practical light then the most immediate requirement of the poor people is food, clothing and shelter. The activist is partly correct saying that the poor don’t need Fundamental Rights.
Directive principles contain several non-justifiable rights like the Right to Adequate livelihood. Equal pay for equal work for both men and women, rights against Economic Exploitation which if made justifiable can help in improving the economic conditions of the poor. In rural areas is bound to have positive effects on the conditions of the poor. However, the fundamental rights are important which guarantees the right to life, right to employment and right against exploitation.
Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?
In this instance the following Fundamental Rights are violated:
1. Right the freedom- Personal freedoms were violated when they were forced to continue in their job and were refused the other jobs that were available to them. Thus, freedom of profession was violated.
2. Cultural and Educational Rights- When the children are dejected from pursuing education, the cultural and educational rights are violated. Every child has the right to get admission to any government or government aided educational institution to pursue his or her education and achieve their dreams.
3. In the above instance Right to equality is also violated. According to this right, all the citizens of the country are equal in the eyes of the law and are not discriminated on the basis of caste, class, creed, gender, etc. Everyone has the equality of opportunity in employment.
A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains were stored in the go downs of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.
A. Which different rights does this case involve? How are these rights interlinked?
B. Should these rights form part of the right to life?
A. The different right involved are Right to Equality, Right against Exploitation, Right to life and Right to Constitutional Remedies. Everybody is equal before the law and has equal protection of law. The fact that a large number of ration card holders do not know about the quality of food grains from ration shops makes it clear that they have not equal protection of law. The ration shop owners are exploiting these ignorant people. Thus, right against Exploitation is involved. Thus, requesting the court to order the government to improve public distribution system in a more effective way. Right to life is involved to address hunger and starvation. The human rights group drew the attention of the court to the situation of starvation and hunger in the country utilizing the Right to Constitutional. These rights are interlinked as freedom of speech provides the source for constitutional remedies.
B. Yes, all these rights should from part of the right to life as they are important for the nourishment of people.
Read the statement by Somnath Lahiri in the Constituent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.
Somnath Lahiri’s statement in the constituent assembly “I feel that many of these fundamental rights have been framed from the point of view of a police constable...you will find that many minimal rights are conceded and are almost invariably followed by a provision which takes away a right almost completely.
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 views. He said that minimum rights have been approved and almost perpetually followed by a provision and farmed from the point of view of a police constable. This is visible in certain provision that places restriction on the fundamental rights.
Police constable keeps vigil on the unlawful activities and helps in maintaining law and order in the society. Most of the fundamental risk has been framed in this framework. There would be collision and then remedial order by the courts. These rights do not include more substantive rights, like the right to education, livelihood, right against economic exploitation, right to work etc. Hence very few of the rights have been voted for ideally every one of those rights which our people want should be included.
Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.
In my view, the right to constitutional remedies is the most important right in our constitution. The provision of this right gives citizens the right to approach a High Court or the Supreme Court to get the any of the fundamental rights restored in case of their violation and for insurance of writs. The Supreme Court and High Court can issue directives and orders to the government or the enforcement of rights. The courts can issue various special orders which are known as writs. There writs re Habeas corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
Habeas corpus – The court can order the arrested person to be presented before it under this writ. It can also order the release of a person arrested on unlawful grounds.
Mandamus – This writ is issued by courts when a particular official does not perform the assigned legal duty and violates upon the rights of the individual.
Prohibition – This writ is issued by a higher court when a case is beyond the jurisdiction of the lower court.
Quo Warranto – This writ is issued by the court when it finds an individual holding an office which in not entitled to him.
Certiorari – The court can order the transfer of pending matter from a lower court or another authority to the higher court.
Right to constitutional remedies provides a legal solution within the constitutional framework; it provides a check on state power. It is the most important of all rights as it safeguards the other fundamental rights. It provides a realisation and defence for them. It is the means through which practice of rights and insurance against violation is achieved. This is why this right is considered the most important right of all. Dr. Ambedkar considered the right to constitutional Remedies as ‘heart and soul’ of the constitution.