Maharashtra Board Class 7 Civics Chapter 5 Fundamental Rights Part II PDF Download

Fundamental Rights - Part II

In the last chapter we studied some fundamental rights guaranteed by the Indian Constitution. We studied the rights of liberty, equality and the right against exploitation. In this chapter, we shall also learn about the right to freedom of religion, cultural and educational rights and we shall get acquainted with the judicial protection available for the fundamental rights.

Right To Freedom Of Religion

India, we know, is an important secular country in the world. We have studied it in the previous classes. But you must be curious to know what the Indian Constitution says about it, isn't it? It is included in our right to freedom of religion. According to it, each Indian citizen is free to practise any religion and to establish institutions for religious reasons.

In order to broaden the scope of the right to freedom of religion, two things are not permitted:

(1) State cannot impose religious taxes that might be used to encourage a particular religion. That is, our Constitution forbids religious taxes.

(2) Religious education cannot be made compulsory in educational institutions that receive aid from the State.

Teacher's Note

In India, we can celebrate Diwali, Christmas, Eid and all festivals together. This is because our Constitution gives us the right to follow any religion we want.

Exam Trick

Remember: India is secular. This means the government does not support any one religion. No religious tax means the government will not collect money for any religion.

Points to Remember

India is a secular country.
Every Indian citizen can practise any religion.
The government cannot collect religious taxes.
Religious education cannot be forced in government schools.

Cultural And Educational Rights

We can see that there is a great diversity of festivals, food and ways of life in our country. You may have noticed the differences in the different wedding ceremonies that you attended. All these things are part of the cultures of the different communities. Our Constitution has given the different communities the right to preserve their cultural uniqueness.

According to this right, people are not only free to preserve their own language, script and literature, but also make efforts towards their promotion. They can establish institutions for the development of their language.

Teacher's Note

In Maharashtra, people can speak, learn and protect the Marathi language. Different communities in India can keep their own special food, clothes and customs alive through this right.

Exam Trick

Remember: Cultural rights = save your language and culture. Think of how your family celebrates festivals in a special way that is different from others.

Points to Remember

Every community can keep their culture alive.
People can protect their language and script.
Communities can open schools to teach their language.
India has many different cultures and ways of life.
The Constitution protects all cultures equally.

Right To Constitutional Remedies

In case of encroachment of fundamental rights, the Indian citizens' right to get judicial remedies is also a fundamental right. This is called the Right to Constitutional Remedies. This means the Constitution itself has provided for legal remedies in case people's rights get violated. So, it becomes a constitutional duty of the courts to protect the rights of the people.

Sometimes the rights that are guaranteed to us by the Constitution may get encroached upon and we are not able to exercise our rights. This is called an infringement of our rights. The court considers our complaint, investigates it and in case it is convinced that rights have indeed been infringed upon and injustice has been done to the aggrieved individual, the court gives an appropriate verdict.

Some Instances Of Infringement Of Rights

Arresting an individual without reason.

Preventing a person from leaving a village or a town without giving a valid reason.

Refusing food, water or medicines to jail inmates.

Writs As Constitutional Remedies

Courts have powers to issue various kinds of writs to protect the rights of the citizens.

(1) Habeas Corpus: Protection from unlawful arrest and detention.

(2) Mandamus: The order of the Courts (the Supreme Court or the High Court) commanding the government to perform an action that is its duty to perform in public interest.

(3) Prohibition: To prevent a subordinate court from exceeding its jurisdiction.

(4) Quo Warranto: To restrain a person from acting in an office to which he is not entitled.

(5) Certiorari: To order the removal of a law suit from a subordinate court to a superior court.

Teacher's Note

If a police officer arrests you without reason, you can go to court and ask for Habeas Corpus. The court will order the police to release you. This happens in real Indian courts every day.

Exam Trick

Remember: Writs are like orders from the court. Habeas Corpus = release from jail. Mandamus = order to do duty. Think of writs as five special powers of the court.

Points to Remember

Writs are court orders to protect our rights.
Habeas Corpus protects us from wrong arrest.
Mandamus makes the government do its duty.
Prohibition stops courts from doing wrong.
Quo Warranto stops wrong people from holding office.
Certiorari moves cases to higher courts.

Because the fundamental rights are thus protected by the courts, citizens are able to exercise their rights. They can fulfil their roles as alert, responsible and active citizens. While considering fundamental rights, we also need to remember our duties. In the next chapter, we shall study our fundamental duties.

Exercise

1. Write about the following.

(1) The Constitution prevents the imposition of religious taxes.

(2) What is meant by Right to Constitutional Remedies?

2. Find one appropriate word

(1) Protection from illegal arrest and detention

(2) To restrain a person from acting in an office to which he is not entitled

(3) The order of the Supreme Court or the High Court commanding the government to perform an action that is its duty to perform

(4) The order preventing a subordinate court from exceeding its jurisdiction

3. State the reason why we are free to practise the following.

(1) All Indian citizens can celebrate all festivals joyfully, because...

(2) We can make efforts towards the preservation and propagation of our language, its script and literature, because...

4. Fill in the blanks with appropriate words.

(1) We can approach the................ in case of infringement of our rights.

(2) ................ education cannot be made compulsory in educational institutions that get aid from the State.

Activity

Organise an interview in your school of a judge, a lawyer or a police officer.

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