Polity GS Polity II (Fundamental Rights) by R.P. Singh Sir

Model Answer

Question #1. Fundamental Rights under Indian Constitution provided a strong base for the functioning of the India democracy, but they exist merely in name and thus have only a formalistic value". Examine in view of some of the judgments of the apex court.

Approach:

• Introduction about Fundamental rights.(40 Words)
• Explain how Fundamental rights are a strong base for the functioning of Indian Democracy by citing recent judgments. (90 Words)
• Explain why they exist merely in name and thus have only a formalistic value. (80 Words)
• Conclude on balanced views (40 Words)

Hints:

The sentiment that Fundamental Rights (FRs) exist merely in name and thus have only a formalistic value is mainly expressed at times when we reflect upon the sorry state of affairs in which most of the people of our country live in after 67 years of independence.

Fundamental Rights as strong base for the functioning of the Indian Democracy

• Fundamental Rights are individual rights and without them democracy is meaningless, Fundamental Rights cannot be violated under all circumstances. A society cannot develop or proper effectively without Fundamental Rights.
• Fundamental Rights are given to the individuals mostly against the state because the state is supported to be the biggest violator of individual rights. However, some of the articles has been designed to protect the individuals not only from the state but also from other individuals
• It is in this context that the apex court has made an attempt to enlarge the scope of fundamental right to make them as broad as possible. A glaring example of this phenomenon is the Maneka Gandhi Vs/ UoI case in which the court expanded the scope of Article 21 including within its scope several rights like right to fair trial under the principle of natural justice etc.
• In Kesavananda Bharati case the apex court declared that FRs are a part of the basic features of the constitution and such features of the constitution cannot be altered by any amendment to the constitution.
• In the St. Stephen's College Vs University of Delhi 1992 case, the identity of St. Stephen's College as a minority-run institution was put under the scanner as it was receiving grant-in-aid from the Government. The court ruled that grants could not change the minority character of an institution.
• In Vishaka Vs State of Rajasthan 1997 case for the first time, sexual harassment, including sexually coloured remarks and physical contact, was explicitly and legally defined as an unwelcome sexual gesture. It stated that every instance of sexual harassment is a violation of fundamental rights.

Shortcomings in fundamental rights:

• Despite lofty promises in the constitution, problems like socio-economic deprivation and violation of basic human rights stare the face of millions in our countrymen.
• Another occasion when the sentiment comes to fore is when we take a legal approach and analyze the provisions of Part III elaborately what we find is that almost all the provisions of Part III be it article 15 or 16 or the all-important freedoms in article 19, they are all subjected to so many exceptions that the right itself seems to be lost. It appears that what the constitution has given from one hand, it has taken away from the other.
• The Supreme Court delaying hearing habeas corpus petitions of Jammu and Kashmir politicians was against right to liberty of citizens. 
• With the misuse of sedition law, the governments are curbing civil liberties of citizens despite Supreme Court guidelines.
• The Armed Forces Special Powers Act still exists in some areas of the country and dilutes implementation of fundamental rights in those areas.

Conclusion:

Therefore we can say that though there have been several shortcomings but still the judiciary which is entrusted with the responsibility of protecting the constitution by interpreting it, has tried to make FRs a reality in this country. 

Question #2. Inequality and discrimination are the two evils for the development of the country. Elaborate. Discuss their effects on fundamental rights of citizens.

Approach:

• Briefly introduce Terms Inequality and Discrimination (40 words).
• Explain how inequality is evil for development (70 words)
• Explain how discrimination is evil for development and explain their effects on fundamental rights of citizens (70 words)
• Explain briefly some steps taken to overcome both (40 words)
• Give some futuristic constructive conclusion (30 words)

Hints:

Inequality means the status of being different from one another. It refers to a group of society having more resources and more advantages than the rest of the population. While discrimination is willful act of making difference between two groups and treating one group worse than other. Both of the evils of society contribute as roadblocks in the development of society.

How inequality is evil for development?

• Class difference between rich and poor is generated by inequality. According to an Oxfam report, India's top 1% population holds India’s 40% wealth. Hence the development of India becomes uneven.
• Urban rural inequality in terms of resource distribution is suffered mostly by the rural population. Water is diverted to meet demands of the urban population and hence creating a crisis in rural areas and leading to less development.
• Education gives empowerment for citizens to earn their livelihood. Inequality of education creates lack of capability building and hence creating roadblocks in inclusive development.
• Digital divide clearly seen during the pandemic of COVID 19 was responsible for the suffering of poor people getting away from all digital services given by the government.
• Gender inequality not only hampers the female population but according to the World bank India’s GDP would increase by a full percentage point if they are included properly in the workforce.

 How discrimination is evil for development?

• Caste discrimination although abolished by Article 15, is still present in Indian society which is reflected through caste based politics. Hence it causes hurdles in the development of society.
• Religious tensions and discriminations cause a minority section of society to remain excluded from the mainstream process of development.
• Ethnic discrimination as seen in North Eastern states causes difficulties for administration to implement welfare schemes.
• Gender discrimination at workplace makes woman less inclined to join workplaces and resulting loss to overall countries development
• Sun of soil theory makes locals have more preference in jobs as laws made by MP and Haryana state government. This gives a dent to national integrity and Ease of Doing Business in India.

Some steps taken to overcome Inequality and discrimination:

• Article 14-18 of constitution talk about equality and hence prohibit discrimination on certain grounds.
• Reservation of women at Panchayats and local bodies have improved participation of women in local bodies.
• Digital India scheme focuses on connecting all gram Panchayats by bharatnet and hence increasing digital penetration across the country.

Conclusion:

Hence Inequality and discrimination are roadblocks in development of countries and should be eliminated by proper government intervention in favor of the vulnerable section following the talisman given by Mahatma Gandhi about working for the most vulnerable section of society.