Democratic Rights Class 9 Notes CBSE Political Science Chapter 5 [Free PDF Download]

• Elections & the institutions need to be united with enjoyment of rights to make the government democratic. Limits must not be crossed over even by the most suitably elected ruler who are working through established institutional process. These limits must be set by citizen’s democratic rights. Class 9 Social Science  Chapter 5 from the book Democratic Politics I talks about these rights and how they should be practised in responsible manner in  a democratic society.

• Life Without Rights

The major incidents in history which highlight the drawback of the absence of democratic rights are:

1. Prison in the Guantanamo Bay

Secretly, 600 people from all over the world were picked up by American government and were put in a prison in Guantanamo Bay. The government claimed them as the enemies of the US soil & linked them to the attack on New York on 11 September 2001, without a legit proof.

2. Citizens’ Rights in Saudi Arabia

In the Saudi Arabia, relation between the citizens & the government’s position is mentioned below:

• A hereditary king rules that the country & the people have no function in electing or altering their rulers.

• The legislature, as well as the executive, are selected by the king.

• No political parties or the political organizations can be formed by any citizen.

• No freedom of religion can then be exercised by the citizens.

• There are also many public restrictions on women

3. Ethnic Massacre in Kosovo

Before the partition, Yugoslavia was a small province. The population of it was vastly ethnic Albanian but the Serbs were the main population of the country. Milosevic who was a narrow- minded Serb nationalist had won the election & his government was very antagonistic to Albanians. He wanted the Serbian domination over the country. Many Serb leaders also believed that Ethnic minorities like Albanians should either depart from the country or accept supremacy of the Serbs.

• Rights in a Democracy

All of us really want to live happily without the fear of bad treatment. This can happen only if other people behave in such a way which does not harm us or hurt us. Likewise, all our actions should not also harm or hurt others.

When anything is equally possible for others, then a right is readily possible.

A right comes with a duty to value the others’ rights.

The basis of these rights lies on the factors which are recognized by society as rightful.

There are also three key features that transform a claim into a right:

• The claim should be rational.

• The claim should be accepted by the society.

• The claim should also be authorized by law.

•  Why Do We Need Rights in the Democracy

Every citizen also has the right to vote &  right to be elected to government in a democracy. Rights also play a very significant part in a democracy. Rights then safeguard minorities from the tyranny of the majority. Rights are generally assurances which can be put to play when things are not right.

• Rights in the Indian Constitution

Our Constitution also provides for 6 Fundamental Rights, which are as follows:

1. Right to Constitutional Remedies

Right to constitutional remedies authorises city’s appeal to a court of law in case of any defiance of the fundamental rights.

2. Right to Equality

The Constitution claims the government shall not refuse equality before the law or equal protection of the laws to any person in India. According to above claim, the laws applicable in an equal way to all, irrespective of the person’s status. This is called rule of law, which is also the base of any good democracy. As per the rule, no person is above the law & no distinction can be made between a political leader, government official and an ordinary citizen.

• The government can do no discrimination on grounds of religion race, cast, sex or place of birth.

• Every citizen shall also have the allowance of entry to public places like shops, restaurants, hotels, & cinema halls.

• Use of wells, tanks, bathing ghats, roads, playgrounds & places of public resorts maintained by government or dedicated to use of the general public should not have restricted use.

• For employment or appointment to any position in the government, all the citizens must enjoy equal opportunity.

3. Right to Freedom

As per the Indian Constitution, Indian  citizens have the right to:

1. Freedom of speech & expression

2. Peaceful assembly

3. Form any associations and unions

4. Move freely throughout the country

5. Dwell in a part of the country

6. Practice a profession, occupation, trade or business

Someone’s right to freedom also cannot be exercised by violating others’ right to freedom.

• No citizen can be arrested or detained unless he/she has proper legal justification. Procedures followed for arrest are:

• Proper reason for arrest and detention of a person should be told to him/her.

• The arrested person should be produced before nearest magistrate within a period of 24 hours of arrest.

• The arrested person has the right to consult or to appoint a lawyer for his defence.

4. Right Against Exploitation

The Constitution has also clear prerequisites to avert exploitation of the weaker sections of the society. The Constitution declares three specific evils as mentioned below:

• Selling & buying of human beings i.e. trafficking, usually women, for the immoral purposes is prohibited by the Constitution.

• Our Constitution also prohibits forced labour or begar in any form. In beggar practice, the worker is generally enforced to deliver service to the master for free or nominal remuneration. On a life-long basis, this is known as bonded labour.

• The Constitution also prohibits anyone to recruit a child below the age of 14 to work in any factory or mine or in any kind hazardous work like railways and ports.

5. Right to Freedom of Religion

Every person also has a right to acknowledge, practice & spread the religion he/she believes in. A secular country like India also does not consider one religion as official religion. But this does not mean that a person can do whatever he/she wants in the name of religion. For example, no human or the animal sacrifices can be made in the name of supernatural beings.

6. Cultural & Educational Rights

Indian Constitution specifies cultural and educational rights as follows:

Right to conserve any kind of distinct language or culture for a section of the citizens.

Right to get admitted to any educational institution which are maintained by the government or receiving government aid irrespective of religion or language.

Right of minorities to establish & administer educational institutions of their choice.

• How Can We Secure These Rights?

• 5 Fundamental Rights are made effective by Right to Constitutional Remedies. Anyone can also seek a remedy through the court when their rights are also violated. The Right to Constitutional Remedies are called ‘the heart and soul’ of our Constitution by Dr B.R. Ambedkar.

• Fundamental Rights are assured against the deeds of the Legislatures, the Executive, & any other institutions of the government.

• No law or action which violate the Fundamental Rights can exist.

• Taking away or limiting any of the Fundamental Rights which nullifies the act of the Legislature or the Executive.

• Expanding Scope of Rights

Fundamental Rights are also the foundation of all rights. With time the courts also gave judgments to expand the scope of rights and our Constitution and law offer a wider range of rights.

• Some rights like right to freedom of the press, right to information, & right to education are derived from the Fundamental Rights.

• Right to school education: The government is also accountable for giving free and compulsory education to all children up to the age of 14 years.

• Parliament has then passed a law providing the right to information to the citizens.

• The Supreme Court has also extended the right to life to comprise the right to food.

The Constitution provides many other kind of rights apart from Fundamental Rights. For example, the right to property and the right to vote are important constitutional rights.

Important Questions and Answers

1. Define:

• Human Rights

Ans: Human Rights are worldwide ethical claims that may or may not have been acknowledged by law. These rights give a right to be treated as equal by law. Every  human being born anywhere has the right to live and get pleasure from his life and should not be tormented by any means.

• PIL

Ans: PIL stands for Public Interest Litigation. Under this, a citizen or group of citizens can approach the Supreme Court or High Court for safeguarding public interest against a specific law or action of the government. Public Interest Litigation is a legal action which looks into the causes of minority or disadvantaged groups or individuals. It raises issues dbroad public concern, using law tactically to effect social change. 

• Untouchability

Ans:Untouchability identifies any belief or social practice that looks down upon people on the basis of their birth caste labels. This belief of practice denies them to interact with others or access to public places as equal citizens. Thus, according to the Constitution, untouchability is a punishable offence.

2. How the prisoners of Guantanamo Bay were denied their basic rights?

Ans: The prisoners of Guantanamo Bay were denied their basic rights as:

• They were denied the treatment of even prisoners of war as per the institutional treaties.

• The prisoners were not even released after they were legitimately found and declared not guilty.

• The prisoners were denied trial before any magistrate in the US. They could not even approach courts in their own country.

3. Why are rights essential in a democracy?

Ans: Rights provide the very foundation to democracy as: 

• Rights guarantee equal treatment for minorities and no threat from the majority. Rights are guarantees which can be used when things go wrong, when some citizens may wish to take away the rights of others. For example, sometimes the majority want to dictate those in the minority. In such a circumstance, the government should protect the citizen's rights.

• Rights for citizens to convey their opinion, form political parties and take political activities.

• In some cases, the elected governments may fail to protect or may attack the rights of their citizens. Thus, some rights should be placed higher than the government, so that the government cannot breach them.

4. How can the reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes not be considered as a violation of the right to equality? 

Ans: These reservations are not in opposition to the right to equality as:

• Other than giving everyone the same treatment, no matter what they need, equality in an actual sense stands for providing everyone with an equal chance to accomplish anything one is capable of.

• At times, it is important to provide exceptional treatment to someone in order to make sure equal opportunity is provided.

Thus according to the constitution, job reservations are not a violation of the right to equality.

5. What guarantees the implication of fundamental rights?

Ans: The implication of Fundamental Rights can be guaranteed in the following way:

• These rights are guaranteed against the actions of the Legislature, the Executive, and any other institutes of the government. No law or action can violate the Fundamental Rights.

• Any act of the Legislature or the Executive that takes away or limits any of the Fundamental Rights can be challenged like any of the policies and actions of the government or the governmental institutes like the nationalized banks or electricity boards. They are turned invalid.

• Fundamental Rights against private individuals and private bodies are enforced by the Supreme Court and High Courts. Courts have the power to issue orders or writs for the enforcement of the Fundamental Rights. Compensation can also be awarded to the victims and penalty to the violators.

6. How does the National Human Rights Commission secure Human Rights?

Ans: In 1993, an independent commission called National Human Rights Commission was set up by law which is now appointed by the President and includes retired judges, officers and eminent citizens.

• The National Human Rights Commission (NHRC) ensures assisting the victims in securing their rights granted by the Constitution.

• According to NHRC, human rights are inclusive of the rights mentioned in the UN-sponsored international treaties that India has signed. 

• The guilty can only be punished by the court and not NHRC. For any case of violation of human rights, the NHRC makes an independent and credible inquiry.

• On behalf of the victims, the NHRC presents its verdicts and suggestions to the government or mediates in the court. 

• NHRC, like any other court, can summon witnesses, question any government official, demand any official paper, visit any prison for assessment or send its own team for on-the-spot inquiry.

7. Why is untouchability a punishable offence under the constitution?

Ans: Untouchability has been made a punishable offence by the constitution because:The constitution claims untouchability to be a severe form of social discrimination and undoubtedly orders the government to put an end to it.

• It does not only suggest rejection to touch a person belonging to certain castes but also looks down upon certain castes on the basis of their birth with certain caste labels.

• This practice disallows such people to interact with others or the right of entry to public places as equal citizens.