dr Flashcards
What are the three essential elements of a democratic government?
- Periodic elections by the people
- Institutions following rules and procedures
- Enjoyment of rights
These elements combine to ensure a functioning democracy.
What do citizens’ democratic rights do in a democracy?
They set limits on the actions of rulers
Democratic rights ensure that elected leaders do not overstep their boundaries.
What is the significance of the examples discussed in the chapter?
They illustrate what it means to live without rights
These examples highlight the importance of rights in protecting individuals.
What are rights?
Claims of a person over others, society, and government
Rights are essential for individuals to live without fear and with dignity.
What must a claim be in order to be considered a right?
- Reasonable claims
- Recognized by society
- Sanctioned by law
Rights must be enforceable and respected within a legal framework.
Why are rights necessary for democracy?
They sustain democracy by protecting minority rights and ensuring fair play
Rights prevent the majority from oppressing minorities and provide a mechanism for redress.
What is the Right to Equality in the Indian Constitution?
The government shall not deny equality before the law or equal protection of the laws
This principle ensures that all citizens are treated equally under the law.
How does the Right to Equality apply to public places?
Every citizen shall have access to public places without discrimination
This is important in a country with historical caste restrictions.
What is the Right to Constitutional Remedies?
The right to approach courts for enforcement of Fundamental Rights
This right allows citizens to seek justice when their rights are violated.
What rights are included under the Fundamental Rights in India?
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
These rights are essential for protecting citizens’ freedoms and dignity.
True or False: The government can discriminate against citizens based on religion, race, or caste.
False
The Constitution prohibits discrimination on these grounds.
Fill in the blank: The prisoners in Guantanamo Bay had a moral claim not to be _______.
tortured or humiliated
This highlights the importance of legal recognition for rights.
What did the UN Secretary General say about the prison in Guantanamo Bay?
That it should be closed down
This statement underscores international concern for human rights.
What is the role of rights in protecting minorities?
Rights ensure that the majority cannot oppress the minority
This is crucial for maintaining social justice and equality.
What does the term ‘rule of law’ mean?
No person is above the law; all are subject to the same laws
This is foundational for democracy and justice.
What is the impact of not having rights recognized by society?
Claims remain as moral rights without legal enforcement
Legal recognition is necessary for rights to be meaningful.
What is the Right to Freedom of Religion?
Every person has the right to profess, practice, and propagate the religion he or she believes in.
This right is part of the fundamental rights guaranteed by the Indian Constitution, which establishes India as a secular state.
What are the key freedoms guaranteed under the Right to Freedom?
The right to:
* Freedom of speech and expression
* Assembly in a peaceful manner
* Form associations and unions
* Move freely throughout the country
* Reside in any part of the country
* Practice any profession or carry on any occupation, trade, or business.
These freedoms are essential for the functioning of a democratic society.
True or False: The Constitution allows citizens to exercise their freedoms in ways that violate others’ rights.
False
Citizens must exercise their freedoms without causing public nuisance or disorder.
What does the principle of equality mean in the context of job reservations?
Equality means giving everyone an equal opportunity to achieve whatever one is capable of.
Reservations are not a violation of the Right to Equality; they ensure equal opportunity.
What is untouchability as defined by the Constitution?
Untouchability refers to any belief or social practice that looks down upon people based on their caste, denying them equal access to public places.
The practice of untouchability has been made a punishable offence.
Fill in the blank: The Constitution prohibits _______ in any form.
forced labour
This includes practices like begar and bonded labour.
What are the three specific evils prohibited by the Constitution under the Right against Exploitation?
The Constitution prohibits:
* Traffic in human beings
* Forced labour
* Child labour
These provisions aim to protect the weaker sections of society.
What rights do minorities have according to the Constitution?
Minorities have the right to:
* Conserve their distinct language or culture
* Establish and administer educational institutions of their choice
* Admission to educational institutions cannot be denied based on religion or language.
This protection is essential to prevent neglect or undermining of minority cultures.
What does the term ‘secular state’ mean in the context of the Indian Constitution?
A secular state does not establish any one religion as the official religion and maintains equal distance from all religions.
It ensures the government remains neutral and impartial in religious matters.
True or False: Religious practices that treat women as inferior are allowed under the Constitution.
False
Such practices are not permitted as they infringe on women’s freedom.
How does the Constitution protect individuals’ right to life and personal liberty?
No person can be deprived of life or personal liberty except according to procedure established by law.
This includes legal justification for arrests and detention.
What should happen within 24 hours of a person’s arrest according to the Constitution?
The arrested person must be produced before the nearest magistrate.
This ensures legal oversight and the protection of rights.
Fill in the blank: The government can impose certain _______ on our freedoms in the larger interests of society.
reasonable restrictions
These restrictions ensure that individual freedoms do not lead to public disorder.
What is the role of the government regarding religious instruction in educational institutions?
There shall be no religious instruction in government educational institutions.
This maintains the secular nature of education.
What is the significance of cultural and educational rights for minorities?
These rights ensure that minorities can conserve their language and culture, and have access to education without discrimination.
This protection is crucial in a democracy where the majority might overshadow minority rights.
What did the Supreme Court rule regarding Aligarh Muslim University’s minority status?
The Supreme Court quashed the Central law granting minority status to Aligarh Muslim University and held the reservation of seats for Muslims in its postgraduate medical courses as illegal.
What is the Right to Constitutional Remedies?
The Right to Constitutional Remedies is a Fundamental Right that allows individuals to seek enforcement of their rights through the courts.
Why are Fundamental Rights important?
Fundamental Rights are important because they are enforceable and protect citizens against violations by the government or other entities.
Who can approach the Supreme Court for the violation of Fundamental Rights?
Any individual whose Fundamental Rights are violated can directly approach the Supreme Court or the High Court.
What is the role of the National Human Rights Commission (NHRC)?
The NHRC is an independent commission that inquires into human rights violations and helps victims secure their rights.
In what year was the NHRC established?
The NHRC was established in 1993.
What powers does the NHRC have?
The NHRC can summon witnesses, question officials, demand documents, inspect prisons, and conduct inquiries.
What is Public Interest Litigation (PIL)?
PIL allows any citizen or group to approach the Supreme Court or High Court for the protection of public interest against government actions.
What is the significance of the right to information?
The right to information is derived from the Fundamental Right to freedom of thought and expression, allowing citizens to seek information from government offices.
Which rights are recognized by the International Covenant on Economic, Social and Cultural Rights?
Rights recognized include:
* Right to work
* Right to safe working conditions
* Right to adequate standard of living
* Right to social security
* Right to health
* Right to education
Is the right to property a Fundamental Right in India?
No, the right to property is a constitutional right but not a Fundamental Right.
What does the term ‘Dalit’ refer to?
Dalit refers to individuals belonging to castes considered low and not touchable by others, also known as Scheduled Castes.
What is a writ?
A writ is a formal document containing an order of the court to the government, issued only by High Court or the Supreme Court.
Which Fundamental Right includes the freedom to propagate one’s religion?
The Right to Freedom of Religion.
True or False: Every country that gives rights to its citizens is a democracy.
True.
Fill in the blank: The NHRC was appointed by the _______.
[President of India]
What is the primary function of State Human Rights Commissions?
To address human rights violations at the state level.
What is a claim in the context of human rights?
A claim is a demand for legal or moral entitlements a person makes on fellow citizens, society, or the government.
What role does the judiciary play in the protection of citizens’ rights?
The judiciary is independent and can enforce rights through various legal remedies.
Which right ensures that no one may be refused emergency medical treatment?
Right to health.
What is the significance of expanding the scope of rights?
Expanding the scope of rights allows for greater protection and recognition of individual and collective rights.
