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:
- Guantanamo
Bay Prison:
- 600 individuals globally detained by the American
government without due process.
- Allegedly linked to the 9/11 attack on New York.
- 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.
- 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:
- Right to
Constitutional Remedies:
- Empowers citizens to approach courts in case of
fundamental rights denial.
- Right to
Equality:
- Ensures equal treatment under the law regardless of
status.
- Prohibits discrimination based on religion, race,
caste, sex, or place of birth.
- Right to
Freedom:
- Grants citizens freedom of speech, assembly,
association, movement, residence, and profession.
- Freedom exercised responsibly to avoid violating
others' rights.
- Right
against Exploitation:
- Prohibits human trafficking, forced labor, and
child labor.
- Clear provisions against these exploitative
practices.
- Right to
Freedom of Religion:
- Allows individuals to profess, practice, and
propagate their religion.
- Within limits to prevent harmful practices.
- 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.
