Class 9 Political Science Chapter 5 – Democratic Rights

 

 

Class 9 Political Science

 Chapter 5 – Democratic Rights

 

Introduction

 

The fusion of elections and institutions must be complemented by a third crucial element – the exercise of rights – for a government to truly embody democracy. Elected leaders, operating within established institutional frameworks, need to respect the democratic rights of citizens. This final chapter of Class 9 Political Science Notes delves into these concepts.

Commencing with real-life cases, the CBSE Notes Class 9 Political Science Chapter 5 on Democratic Rights encourages you to contemplate the implications of living without rights. Through this exploration, you gain an understanding of the essence of rights and their indispensability. The notes subsequently delve into an examination of the Fundamental Rights enshrined in the Indian Constitution. Furthermore, you explore how an ordinary person can exercise these rights and identify the entities responsible for safeguarding and upholding them. The chapter concludes by illuminating the evolving scope of rights.

Important Notes:

 

Life Without Rights: Consider three examples

Understanding Life Without Rights:

1. Guantanamo Bay Prison:
• 600 individuals globally detained by the American government without due process.
• Allegedly linked to the 9/11 attack on New York.
2. Citizens’ Rights in Saudi Arabia:
• Hereditary monarchy with limited citizen involvement.
• King controls legislature, executive; citizens can't form political parties.
• Restrictions on freedom of religion, with women facing public limitations.
3. Ethnic Massacre in Kosovo:
• Milosevic's government hostile to ethnic Albanians.
• Advocated for Serb dominance; minorities faced expulsion or subjugation.

Rights in a Democracy:

• Essence of Rights:
• Desire for a happy, fear-free life without mistreatment.
• Mutual expectation of respectful behavior, avoiding harm to others.
• Basis of Rights:
• Recognized by society; changes over time and across societies.
• A claim is termed a right if it's reasonable, acknowledged by society, and sanctioned by law.

Why Rights are Essential in a Democracy:

• Role in Democracy:
• Every citizen in a democracy has the right to vote and be elected.
• Protects minorities from majority oppression.
• Acts as guarantees in times of adversity.

Fundamental Rights in the Indian Constitution:

1. Right to Constitutional Remedies:
• Empowers citizens to approach courts in case of fundamental rights denial.
2. Right to Equality:
• Ensures equal treatment under the law regardless of status.
• Prohibits discrimination based on religion, race, caste, sex, or place of birth.
3. Right to Freedom:
• Grants citizens freedom of speech, assembly, association, movement, residence, and profession.
• Freedom exercised responsibly to avoid violating others' rights.
4. Right against Exploitation:
• Prohibits human trafficking, forced labor, and child labor.
• Clear provisions against these exploitative practices.
5. Right to Freedom of Religion:
• Allows individuals to profess, practice, and propagate their religion.
• Within limits to prevent harmful practices.
6. Cultural and Educational Rights:
• Safeguards cultural and educational interests of minorities.
• Ensures access to educational institutions without discrimination.

Securing Fundamental Rights:

• Role of Right to Constitutional Remedies:
• "Heart and soul" of the Constitution, according to Dr. Ambedkar.
• Makes other fundamental rights effective by providing legal remedies.
• Limitations on Authorities:
• Fundamental rights protected against legislative, executive, and other government authority actions.
• No law or action can violate fundamental rights.
• Invalidation of acts limiting or taking away fundamental rights.

Expanding Scope of Rights:

• Judicial Expansion:
• Courts' judgments expand the scope of rights.
• New rights derived from Fundamental Rights, like Freedom of the Press, Right to Information, and Right to Education.
• Newly Recognized Rights:
• School education recognized as a right for Indian citizens.
• Legislation granting the right to information.
• Supreme Court expanding the meaning of the right to life to include the right to food.
• Constitutional Rights:
• Constitution provides rights beyond Fundamental Rights.
• Examples include the Right to Property (not a Fundamental Right) and the Right to Vote in elections.

 

 

Question Answers

 

1.    How were the captives at Guantanamo Bay treated?

Answer – 

The treatment of inmates at Guantanamo Bay was particularly humiliating.

In the United States, there was no single trial before a magistrate. They were subjected to unlawful torture.

This place was not in the United States. The prison's location was unknown because it was in an area controlled by the US Navy near Cuba.

The captives were not permitted to see their loved ones, the media, or UN representatives.

 

2.    Describe the rights of Saudi citizens.

Answer – 

a. Citizens cannot pick or replace the hereditary king who rules the nation.

b. The king chooses both the legislature and the executive. He selects judges and has the right to overrule any decisions they make.

c. Citizens cannot form political parties or organizations. The media cannot report on anything that the monarch dislikes.

There is no religious freedom. Being Muslim is required for citizenship. Residents who are not Muslims can practice their faith in private but not in public.

3.    Why does the Constitution mention the rights of minorities to culture and education?

Answer – 

a. Each group of citizens has the right to preserve their own culture and language.

b. Citizens cannot be refused access to government-run or supported educational institutions based on their religion or language.

c. Minorities have the right to create and administer their own educational institutions. In this context, the term "minority" does not refer to only a national religious minority. In some areas, the majority of the people speaks one language and the minority speaks another. 

4.    Do the Scheduled Castes, Scheduled Tribes, and OBC reservations violate the right to equality?

Answer – 

No, these arguments do not violate the right to equality. In a broader sense, equality does not involve treating everyone the same, regardless of their needs. Equality is defined as providing everyone with the same opportunity to realize their full potential. To ensure equitable opportunity, it is periodically necessary to provide job reserves to socially and economically disadvantaged members of society. According to the Constitution, such reservations do not infringe the right to equality. 

5.    Describe the “Right to Equality” that Indian citizens have.

Answer – 

Before the law, all citizens are treated equally, regardless of caste, colour, region, religion, race, gender, or place of birth.

Every citizen has the right to access public spaces such as supermarkets, restaurants, hotels, and movie theaters.

No restrictions shall apply to the use of any government-maintained or publicly accessible wells, tanks, bathing ghats, roads, parks, or public resorts.

In terms of work, all citizens will have equal opportunities.

 

6.    Describe the concept of “religious freedom.”

Answer – 

India is a secular country. A secular state does not declare a single faith as its official religion. Indian secularism maintains an impartial and principled approach to all religions. The state must treat all religions with equality and impartiality. Every person has the right to preach, practice, and disseminate any religion they choose.

Religious teaching will not be given in government-run schools. No one shall be obliged to participate in religious instruction or attend religious worship in educational institutions operated by private organizations. 

7.    The Indian Constitution expressly forbids which severe form of social discrimination?

Answer – 

The Constitution clearly requires the government to end the practice of untouchability, a severe form of social discrimination. Untouchability has been prohibited in all forms. In this context, untouchability encompasses more than simply avoiding from touching members of certain castes.

It refers to any belief or social norm that denigrates people based on their birth caste. Because of this practice, they are not permitted to engage with others or use public venues as equal citizens. As a result, untouchability became a felony under the Constitution. 

8.    How is it possible to describe India as a secular state?

Answer –

A secular state grants no favors or preferences to any particular faith. Furthermore, it does not penalize or reject people based on their religious beliefs.

A secular state is one in which no single religion is declared to be the official religion. The majority of people in India, along with the rest of the world, practice multiple religions. Indian secularism promotes an equal and ethical dissociation from all religions. The state must treat all religions with equality and impartiality. Every person has the right to declare, practice, and disseminate any religion they choose. Every sect or religious group is free to perform religious activities as they see proper. The state of India is secular. 

 

9.

How would you define “Untouchability”? What did R. Sainath discover while exploring the various regions of the nation?

Answer Untouchability is a societal belief or practice that degrades individuals based on their caste of birth. In 1999, R. Sainath extensively covered the persistent prevalence of untouchability and caste discrimination against Dalits and Scheduled Castes in a series of news articles in The Hindu. Through visits to various regions of the nation, he uncovered:

a. Tea shops maintained two distinct types of cups for Dalits and others. b. Barbers refused service to Dalit customers. c. Dalit children were segregated in a separate section of the classroom and had to use a different water pitcher. d. Wedding processions prohibited Dalit grooms from riding horses. e. Dalits were either forbidden from using the common handpump or, if allowed, had to wash it before use to ensure cleanliness.

 

10.

How can the judiciary defend citizens’ fundamental rights?

Answer – The judiciary ensures the protection of people's fundamental rights through the following mechanisms:

 

a. Individuals have legal recourse if their rights are infringed upon, particularly if it pertains to a Fundamental Right, with the option to approach either the Supreme Court or the High Court of a state.

 

b. Fundamental rights are shielded from the actions of legislatures, the executive, and other governmental bodies.

 

c. Any legislative or executive measure that curtails or diminishes one or more Fundamental Rights is deemed void. Challenges can be raised against such legislation by federal and state governments, and courts also uphold fundamental freedoms against actions by private individuals and organizations.

 

d. The Supreme Court or High Courts have the authority to issue directions, orders, or writs to enforce Fundamental Rights.

 

e. Furthermore, the judiciary possesses the power to penalize violators and provide compensation to victims.

 

11.

What guidelines must the government and police adhere to when they detain someone on the basis of the legislation in effect?

Answer – 

a. As per the Constitution, the deprivation of an individual's life or personal freedom is prohibited unless carried out through a legal process. This implies that no one can face execution unless the death penalty has been imposed by a court.

b. Government officials or police officers are not allowed to detain or arrest individuals without a valid legal reason. Even in such cases, certain rules must be followed: Individuals detained and subsequently arrested must be informed of the circumstances surrounding their imprisonment.

c. Within 24 hours of being held and arrested, the individual must appear before the local magistrate.

d. The individual in question has the right to communicate with or engage a lawyer for representation.