भारतीय संविधान भाग 2: नागरिकता और सामाजिक न्याय की दिशा भारत का संविधान, दुनिया के सबसे विस्तृत और समावेशी संविधानों में से एक है, जो न केवल राज्य की संरचना और प्रशासन के ढांचे को निर्धारित करता है, बल्कि नागरिकों के अधिकारों और कर्तव्यों को भी स्पष्ट रूप से परिभाषित करता है। भारतीय संविधान का भाग 2 भारतीय नागरिकता से संबंधित है, जो एक लोकतांत्रिक राष्ट्र के मूलभूत ताने-बाने को आकार देने में महत्वपूर्ण भूमिका निभाता है। नागरिकता की परिभाषा और महत्व संविधान का भाग 2 भारतीय नागरिकता को परिभाषित करता है, यह स्पष्ट करता है कि एक व्यक्ति को भारतीय नागरिकता कब और कैसे प्राप्त होती है, और किन परिस्थितियों में यह समाप्त हो सकती है। नागरिकता, किसी भी देश में व्यक्ति और राज्य के बीच एक संप्रभु संबंध को स्थापित करती है। यह एक व्यक्ति को अपने अधिकारों का दावा करने का अधिकार देती है और साथ ही राज्य के प्रति उसकी जिम्मेदारियों को भी स्पष्ट करती है। भारतीय संविधान में नागरिकता की प्राप्ति के विभिन्न आधार हैं, जैसे जन्म, वंश, और पंजीकरण के माध्यम से। यह सुनिश्चित करता है कि कोई भी व्यक्ति, जो भारत...
Rights
Meaning of Rights - Rights are demands made by individuals, accepted by society and enforced by the state.
→ Without getting acceptance in the society, demand cannot take the form of rights .
Certain activities which can not be Considered as rights
Those activities which are harmful to the health and welfare of the society .
-such as smoking
-consumption of intoxicating or prohibited drugs.
→ Universal Declaration of human Rights
=> Citizens of all the countries of the world have not got full rights yet . In this direction on 10th December 1948 the General Assembly of United Nations adopted & implemented the Universal Declaration of human Rights .
→ Human Right Day - 10 December ( every year )
Why rights necessary- For the freedom of the person & protection of his / her dignity .
=> To run a democratic government smoothly.
=> To develop the talent & ability of the person.
=>For the overall development of a person .
=> A person without rights is like a bird in a closed cage .
Origin of Rights
1-Principles of natural rights - Life , Liberty & property - ( 17th & 18th century )
2-In the modern era- Natural rights unacceptable . Human rights are the most important in the terms of social welfare .
Types of Rights
1-Natural Rights - Rights at birth.
2-Moral Rights- Associated with moral feelings like respect
3-Legal Rights which the state has given legal recognition
Type of Legal Rights-
1- Fundamental Rights
1- Equality.
2- Freedom.
3- Right against Exploitation.
4-Right to Religious Freedom.
5-Cultural & Educational.
6- Right of Constitutional Remedies.
2-Political Rights
1-Right to vote
2- Right to be elected.
3-Right to get government office .
4-Right to criticize the government policies .
3-Economic Rights
1-Right to work
2- Right to keep property .
4- Civil Rights
1-Freedom to go anywhere in the country .
2-Freedom of thoughts & expression .
5-Cultural Rights -These are human right that aim at assuring the enjoyment of culture and its component in condition in condition of equality , human dignity and non - discrimination . These days various social groups are waking for cultural rights . For example Right to have primary education in one's mother tongue , Right to establish Educational Institutions for teaching one's languages and culture etc.
How rights can become more powerful?
- Let the constitution be written .
• Independent Judiciary & Guardian of Rights .
=> Federal Government and Division of Powers .
→ The state should not interfere in the internal affairs of the citizens .
- Public awareness .
→ How Independent Press .
=> If the the rights are protected by the states they also get the right to prevent the misuse of the rights, so the reasonable restrictions are also described in Article-19(2) of the our constitution.
=> Rights & duties are two side of a coin. One aspects is right & the other aspect is duty . In return for the rights we get in the society,we also have to fulfill something. It is our duty.
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Social Justice
Origin of Justice- The term Justice is derived from the Latin word ' Jungere ' which means tie or bond , the aim of Justice is the welfare of nation . Justice requires that all individuals are given equal consideration .
Justice
The Principle of Justice in different societies,at different time period are interpreted as-
- Ancient Indian society justice was associated with Dharma and maintaining or just social order was considered to be a primary duty of kings.
-In China Confucius the famous philosopher argued that kings should maintain justice by punishing wrong doers and rewarding the virtuous.
-In the 4th century BC Plato in his book ' The Republic ' says Justice in terms of certain functions to be performed.
In Plato's concept, society is divided into three different categories such as the intelligent class, the courageous class and the greedy class. The intelligent class would become philosopher kings, the courageous would become soldiers and the greedy class would become those engaged in production activities such as businessmen and farmers.
Where each person does his own work without interfering with the work of another, that is justice.
- According to German philosopher Immanuel Kant- Every human being has dignity. It is justice to give him the respect, position or opportunity he deserves.
Different types of Justice
1. Social Justice . 2. Political Justice . 3. Economic Justice .
Social Justice - Social Justice arque that there will be no discrimination between the member of society on the basis of caste , religion , race and colour .
Economic Justice- It means those rights that enjoyed by a person by consuming his livelihood . Exp -Equal wages for equal work , right to work , removal of unemployment & poverty .
Political Justice- It is the justice given to an individual to live as a citizen .
Exp- Universal Adult franchise , Right to contest in election & Right to criticise government .
Three Principles of Justice-
Equal treatment for equal - Jermy Bentham
- Proportionate justice -Aristotle
- Recognition of special needs .
Equal Treatment for Equal- This concept is introduced by Bentham. This also called democratic justice or numerical justice. The resources of a country , rights , freedom should be equally divided between its members and no one should be discriminated on the basis of caste, class , gender and race .
Proportionate Justice .This principle states that every person should work according to his ability and get the reward according to the work done by him. The difference between the salary of a scientist and a class IVth employee is an example of this principle.
Recognition of special Needs- Our constitution allowed for reservation of government job & admission to educational institution for people belongings to sc / ST to maintain equal justice .
JUST DISTRIBUTION • To achieve social justice in society , governments might go for distribution of goods and services in a fair manner . If there are serious economic or social inequalities in a society , it might become necessary to try and redistribute some of the important resources of the society to provide something like a level playing field for citizens .
* This is seen as necessary for each person to be able to pursue his / her objectives and express himself . In our country , for instance :
-The Constitution of India abolished the practice of untouchability to promote social equality and ensure that people belonging to ' lower ' castes have access to temples , jobs and basic necessities like water .
* Different State Governments have also taken some measures to redistribute important resources like land in a more fair manner by instituting land reforms .
* The theory of ' Just Distribution ' was put forward by the well - known political philosopher , John Rawls .
John Rawls's Theory of Justice-
Rawls is an American philosopher whose famous book is " The theory of Justice " . Rawls argues that only way we can arrive at a fair & just distribution is if we imagine ourselves to be in a situation in which we have to make decisions about how society should be organised although we do not know which position we would ourselves occupy in that society . Rawls describes this as thinking under a 'veil of ignorance'. Advantage of this concept is that the law made by the government will be equally . beneficial for all.
Steps taken to Establish Social Justice In India
-Free & compulsory primary education
-Five year Plans
-Antyodaya schemes
- Economic social security to underprivileged
- Provisions in Fundamental Rights .
- Efforts in Directive Principles of state policy .
Free Market versus State Intervention
- The free market direct benefit to qualified & able persons through open competition in against the intervention of the state . In such a situation , the debate intensifies whether the government should be responsible for the disabled people without facilities , because they cannot compete in accordance with the free market .
Social Justice is the equal access to wealth opportunities & privileges within a society .
-"A Just society is a society in which an ascending sense of respect and a descending sense of contempt is dissolved into the creation of a compassionate society" - B.R Ambedkar.
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Equality
The term equality means all human beings have equal right without regarding their colour, gender , race , language or nationality.
Here special preference should be abolished.
Absolute Equality - It is an impossible concept because all men are physically and mentally unequal . Everyone's attitude , behaviours & capabilities are different to each other .
Equality of opportunity - It means that every human beings have the same right and opportunities to develop their skills and talents & to attain their goals & ambitions .
Natural Inequalities - these are the inequalities that individuals get from their birth.
-By nature people may have different capabilities & talents .
They are not creations of the society .
Social inequalities - they are creations of the society. They emerge from the denial of equality to certain groups and also from the exploitation of some groups by others.
Three Dimensions of Equality .
1 - Political Equality . It means granting citizenship to all the members of the state . They have equal right to vote , right to contest election , right to criticize the government ,
2- Economic Equality - It means equitable enjoyment of economic resources by all individual of the state .
For Exp - Equal pay for equal work , right to work.
3- Social Equality - It means to ensure equal status for everyone in the society .
- It removes special privileges given to any particular individual or individuals on the
basis of caste, religion ,rase, colour or wealth.
Feminism - It is a political theory which is formed to the equal right for men & women . *According to feminist they believe that this gender partiality is made by the society and
*It is neither natural nor necessary .
How can we promote Equality
we can achieve equality through three different ways.
1-Establishing formal equality
-We can achieve equality by ending the formal system of inequality & privileges .
- most of the moderns constitutions contains provisions against discrimination on the grounds of place of birth,religion, race, caste or gender .
2- Equality through different Treatment . - It is necessary to treat people differently in order to ensure that they can enjoy equal rights .
-weaker sections need special consideration to overcome inequalities .
For exp - Reservation policy in India .
3- Affirmative action → Inequalities are some times deeply rooted in our system . Therefor to minimise and eliminated all such social evils, It is necessary to have some positive measure .
- Most of the affirmative activities are aimed . to correcting the cumulative effect of past inequalities.
- Provide facilities for disadvantaged communities .
- Scholarship of hostel facilities for backward class .
- Provide reservation in the educational institu sions .
Positive Discrimination or Protective Discrimination . - Positive discrimination considers that all descriminations are not wrong. It is also against the concept of absolute equality .
According to this concept , the government can adopt several measures to uplift and protect the weaker sections of the society who are so cially & economically backward . It is known as protective discrimination or positive discrimination .
= > Socialism - It is a political ideology which is trying to minimise existing inequality and to distribute resource equally .
Socialist thinker Ram Manohar Lohia identified 5 types of inequality in society .
1 - inequality between men & women .
2 - Inequality based on skin colour .
3 - caste based inequality .
4 - colonialism .
5 - Economic inequality .
→ Marx's concept of Equality - Karl Marx a renowned thinker of the 19th century
- Karl Marx argued that the root cause of inequality was private ownership of economic resources.
- Private ownership make the owners wealthy and politically powerful .
- Marx advocated that public control over property is essential to tackle all types of inequality in the society .
=>The Liberal view Point of Equality - The liberals present a concept of equality . which is opposite to the Marxian concept .
- The Liberals believe that the state should try to ensure a minimum standard of living of equal opportunities of all .
- People should get equal opportunities in all spheres of life .
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FREEDOM
The word liberty is derived from the Latin word " liber " which means " To free " .
The two dimension of Liberty
= > Absence of constrains / restrictions .
= > It also means to develop the potential & creativity of a person .
= >Now we can understand the strength & passion of the idea of freedom by analysing the auto biography of two eminent personalities who fought for achieving freedom .
= >Nelson Mandela - His auto biography is "Long Walk to Freedom ".
The content of this book is the history of fight made by Mandela against the apartheid in South Africa & the resistance of the people against the discriminatory policies of the government of the white people .
= >Aung San Suu Kyi - who had to send several years in the house confinement in Myanmar for fighting to achieve freedom for the people of her country .
the principle of no-violence proposed by Mahatma Gandhi influenced her very much .
= >She published a book called " Freedom from fear"
The source of constraints
The constraints on the freedom of Individuals originate mainly from three sources .
They are-
1- Domination - It is imposed by government through law .
2- External control - It is imposed by the colonial rulers over the subjects .
3- Social & Economic inequality - Exp . Untouchability .
Why do we need constraints ? -
We can not live in a world where there are no restrictions of any kind .
- In fact some constraints are necessary for the stability of the society .
Other wise social life will degenerate into utter chaos .
- so it is highly necessary to have some kinds of mechanism to control violence & settle the conflicts in the society . Exp- Traffic rules , Domestic violence Act etc.
Safe Guards of Liberty
1- Democracy
2- Independent Judiciary
3- Rule of Law
4 - Decentralization of power
5- Political, Social & Economic Equality
Harm Principle
-The principle of Harm was contributed by John Stuart Mill .
His book - On Liberty
- He divided the human action into " self regarding & other regarding " .
Self regarding action affect self , but other regarding actions affect others too .
so the other regarding actions can be restricted. This is the logic of harm principle .
Negative & Positive Liberty .
= >Negative Liberty - It seeks to define an area in which no external authority can interfere in it.
= >Positive Liberty - It is concerned with looking the conditions of nature of the relationship between individual & society.
The individual for developing his / her capabilities need positive conditions in material , political & social areas .
- It is the freedom of an individual to develop his or her capabilities & talent .
Freedom of Expression
= > Deepa Mehta- Water ( film )
= > J.S Mill offered a passionate defence of freedom of expression . According to him no ideas is completely false . Truth does not emerge by itself . It emerges only through a conflict of opposing views .
= > Freedom of Expression is a Fundamental Right which include freedom of speech, freedom of thought & expression .
Voltair's statement is worth while in this context , " I disapprove of what you say, but I will defend to death your right to say it . "
Different types of Liberty
= > Political liberty - This liberty is only for citizens . It consist right to vote , to contest in election , to hold public offices , freedom to prticipate in the political process and making political decision .
= > Economic Liberty . Economic Liberty means those right that are engaged by a person by consuming his livelihood . Political Liberty & civil Liberty became meaningless in the absence of economic liberty.
= > Civil Liberty- Civil liberty means the freedoms guaranteed to us by the state .
- It include freedom of speech & expression , freedom of religions , freedom of life and property , freedom of assembly , freedom to seek constitutional remedies in the case of the freedom is violated .
= > Natural Liberty - the concept of natural Liberty contributed by the Rousseau .
- Natural Liberty means complete freedom from interference .
-The advocates of this kind of Liberty says that man is free by nature .
= > Social Liberty - It means no discrimination on the basis of caste religion & gender in the society .
= > National Liberty - It means freedom of the people from foreign domination .
= > Gandhi's view - Gandhi's opinion on liberty is self rule . Swaraj is the word used by Gandhi to indicate Liberty .
= >Subash chandra Bose - Bose says that liberty means the liberty of all section of the society. Freedom for rich as well as poor , freedom for men as well as women , freedom for of all individual & classes .
→ Liberalism - The word liberalism is originated from the latin word ' Liberals ' which means free man ,
-the political ideology of liberalism which emerged in the 19th century , considers freedom as a very important & essential thing .
- Liberalism gives prime importance to the freedom of individuals .
- J.S. Mill T.H Green & Ranade are the exponents of modern liberlism .
= > Two Aspects of freedom .
1- Absence of external constraints .
2- Condition of the people to develop their abilities .
If both the aspects are present in a society then we can call that society a free society . In a free Society all individuals have the atmosphere to develop their abilities .
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