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CLASS-IXth�CHAPTER-6�DEMOCRATIC RIGHTS

BY: PITAMBAR DAS MAHESHWARI

PGT HISTORY

JNV ARVALLI,GUJARAT,PUNE REGION

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THE LEGISLATIVE ( INDIAN PARLIAMENT)

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WHAT WILL WE LEARN?

  1. WHAT IS DEMOCRACY?
  2. IS INDIA DEMOCRATIC COUNTRY?
  3. HOW THE INDIAN CONSTITUTION WORKS?
  4. WHAT IS RIGHT?
  5. WHY DO WE NEED RIGHTS?
  6. LIFE WITHOUT RIGHTS?
  7. DEMOCRATIC RIGHTS IN INDIA?
  8. EXPANDING SCOPE OF RIGHTS.

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DEMOCRACY

  • U.S. president Abraham Lincoln (1809-1865) defined democracy as: «Government of the people, by the people, for the people.

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  • Democratic government is a more accountable form of government. Democracy improves the quality of decision making. Democracy provides a method to deal with differences and conflicts. Democracy enhances the dignity of citizens. It allows us to correct its own mistakes.

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PITAMBAR DAS MAHESHWARI

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DEMOCRACY IN INDIA

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IS INDIA DEMOCRATIC?

  • The Politics of India works within the framework of the country's constitution. India is a federal parliamentary democratic republic in which the President of India is the head of state and the Prime Minister of India is the head of government.

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HOW THE INDIAN CONSTITUTION WORKS?

  • The executive, legislative and judicial branches of government receive their power from the constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature.

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WHAT IS RIGHT?

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  • Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory.

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WHY DO WE NEED RIGHTS?

  • It is necessary that citizens should have the right to express their opinions, form political parties and take part in political activities. Rights protect minorities from the oppression of majority. They ensure the majority cannot do whatever it likes.

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LIFE WITHOUT RIGHT

ONE COUNTRY DENYING RIGHTS TO CITIZENS OF ANOTHER COUNTRY( BY AMERICA IN REST WORLD)

IF NO DEMOCRACY (SAUDI ARABIA)

ETHNIC MASSACRE IN DEMOCRATIC KOSOVA

600 PEOPLE WERE SECRETLY PICKED UP BY THE U.S. FROM ALL OVER THE WORLD AND PUT IN A PRISION IN GUANTANAMO BAY.

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  • HEREDITARY AND ABSOLUTE KING.
  • NO POLITICAL RIGHT.
  • NO FREEDOM OF RELIGION.
  • WOMEN ARE SUBJECTED TO MANY PUBLIC RESTRICTIONS.

A NARROW MINDED SERB NATIONALIST MILOSEVIC(MILOSHEVICH) HAD WON THE ELECTION. HIS GOVERNMENT WAS VERY HOSTILE TO THE KOSOVO ALBANIANS.

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DEMOCRATIC RIGHTS IN INDIA

  1. RIGHT TO EQUALITY ( ARTICLE 14 TO 18)
  2. RIGHT TO FREEDOM (ARTICLE 19 TO 22)
  3. RIGHT AGAINST EXPLOITATION (ARTICLE 23 TO 24)
  4. RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 TO 28)
  5. CULTURAL AND EDUCATIONAL RIGHTS ( ARTICLE 29 TO 30 )
  6. RIGHT TO CONSTITUTIONAL REMEDIES ( ARTICLE 32 TO 35)

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RIGHT TO EQUALITY( ARTICLE 14 TO 18)

  • Article14-Equality before Law.
  • Article15-Prohibition of discrimination on grounds of Religious,Race,Caste,Sex or Place of birth.
  • Article16-Equality of opportunity in matters of public employment.
  • Article17-Abolition of untouchability.
  • Article18-Abolition of title.

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RIGHT TO FREEDOM (ARTICLE 19 TO 22)

  • Article 19- Protection of 6 rights concerning

the freedom of:

1.Speech and expression

2.Assembly

3.Association

4.Movement

5.Residence

6.Profession

  • Article 20- Protection with respect to

conviction for offences

  • Article 21 Right to life and personal liberty
  • Article 21A Right to elementary education

(86th Amendment-2002)

  • Article 22 Protection against arrest and

detention in certain cases

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RIGHT AGAINST EXPLOITATION (ARTICLE 23 TO 24)

Article 23 – Prohibition of traffic in human

beings and forced labour

Article 23(1): Traffic in human beings and begar

and other similar forms of forced labour are

prohibited and any contravention of this

provision shall be an offence punishable

in accordance with the law.

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Article 23(2): Nothing in this article shall prevent

the State from imposing compulsory service

for public purposes, and in imposing such

service the State shall not make any

discrimination on grounds only of religion,

race, caste or class or any of them.

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RIGHT AGAINST EXPLOITATION (ARTICLE 23 TO 24)�

  • Article 24 – Prohibition of employment of children in factories, etc.
  • Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

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  • This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception.

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CHILD LABOUR AND INDIA

  • In 2011 the national census of India found the total no. of child labourers, aged 5–14, to be at 10.1 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.
  • 2017 Child Labour (Prohibition and Regulation) Amendment Rules – broad framework against child labour.

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RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 TO 28)

  • Article 25 (Freedom of conscience and free profession, practice and propagation of religion)
  • Article 26 (Freedom to manage religious affairs)
  • Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
  • Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)

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CULTURAL AND EDUCATIONAL RIGHTS ( ARTICLE 29 TO 30 )

  • Article 29 – Protection of Interests of Minorities
  • Article 29(1): This provides all citizen groups that reside in India having a distinct culture, language and script, the right to conserve their culture and language.
  • Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that receive aids from it, to any person on the basis of race, religion, caste, language, etc. This right is given to individuals and not any community.

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CULTURAL AND EDUCATIONAL RIGHTS ( ARTICLE 29 TO 30 )�

  • Article 30 – Right of Minorities to Establish and Administer Educational Institutions
  • This right is given to minorities to form and govern their own educational institutions.

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  • Article 30(1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice.

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  • Article 30(2): The State should not, when granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

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RIGHT TO CONSTITUTIONAL REMEDIES ( ARTICLE 32 TO 35)

  • It grants powers to the Supreme Court. ... The power to issue writs given to the Supreme Court under this Article is mandatory. The power to issue writs given to the High Courts under this Article is discretionary. It is in itself a Fundamental Right under the Constitution of india.

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Types of Writs In Indian Constitution

Prohibition

Quo warranto

Mandamus

Certiorary

Habeas Corpus

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EXPANDING SCOPE OF RIGHT

  • Apart from the Fundamental Rights, our Constitution and law offers a wider range of rights. This has expanded the scope of rights. From time to time, the courts gave judgements to expand the scope of rights. Certain rights like right to freedom of press, right to information,right to work,right to health and right to education are deprived from the Fundamental Rights.

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PITAMBAR DAS MAHESHWARI

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PITAMBAR DAS MAHESHWARI

PGT HISTORY

JNV ARVALLI