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    Rights in the Indian Constitution
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    Which of the following is a violation of Fundamental Rights and why?
    (a) Not paying minimum wages.
    (b) Banning of a book.
    (c) Banning of a loudspeakers after 9 pm.
    (d) Making a speech.
    (a) Not paying minimum wages is a violation of Fundamental Rights. Because this violation or this act comes under the Right Against Exploitation. In our country there are millions of people who are underprivileged and deprived. They may be subjected to exploitation by their fellow human beings. Begar or forced labour-without payment or not paying the minimum wages or some form of bonded labour- these are the examples of such exploitation. It has now been declared a crime and it is punishable.
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    A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.
    a. Which different rights does this case involve? How are these rights interlinked?
    b. Should these rights form part of the right to life?
    (a) The different rights involved are Right to Equality, Right Against Exploitation, Right to life and Right to Constitutional Remedies .Every body is equal before the law and has equal protection of law. The fact that a large number of ration card holders do not know about the quality of food grains from ration shops makes it clear that they have not equal protection of law. The ration shop owners are exploiting these ignorant people. Thus right against Exploitation is involved. There are over five crore tonnes of food grains stored in the godowns of Food Corporation of India. Some of the people who do not have knowledge about the quantity of food they could buy from ration shops may starve in want of food. Thus Right to life is involved. The human rights group drew the attention of the court to the condition of starvation and hunger in the country utilizing the Right to Constitutional Remedies.

    (b) Yes, all these rights should form part of the right to life.
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    Read the statement by Somnath Lahiri in the Constituent Assembly quoted in this chapter.

    Somnath Lahiri's statement in the Constituent Assembly 'I feel that many of these fundamental rights have been framed from the point of view of a police constable....you will find that very minimum rights have been conceded and are almost invariably followed by a provision which takes away the right almost completely. What should be our conception of fundamental rights?.....we want to incorporate every one of these rights which our people want to get'.

    Do you agree with him? If yes, give instances to prove it. If not, give arguments against this position.

    Yes, I completely agree with Somnath Lahiri's views. A police constable keeps vigil on the unlawful activities and helps in maintaining law and order in the society. Most of the fundamental risks have been framed in this framework. There would be violation and then remedial order by the courts. These rights do not include more substantive rights like the Right to adequate livelihood, equal pay for equal work (for men and women), Right against economic exploitation, Right to work (only partly made justiciable) etc.

    Hence a very few of the rights have been conceded ideally every one of those rights which our people want should be incorporated.
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    Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important? 
    In my view, the Right to constitutional Remedies is the most important right in our constitution. This right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The supreme court and the High Courts can issue orders and give direction to the government for the enforcement of rights. The courts can issue various special orders which are known as writs. There writs are Habeaus Corpus, Mardamus, Prohibition, QuoWarranto and Certiorari.

    Merely writing down a list of rights is not enough without provision for a way through which they could be realised in practice and defended against any attack on these rights, these rights would be toothless. Right to constitutonal Remedies is the means through which this is achieved. This is why right is the most important Dr. Ambedkar considered the Right to Constitutional Remedies as 'heart and soul' of the constitution.

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    An activist working among the poor says that the poor don't need Fundamental Rights. What they need are Directive Principles to be made legally binding. Do you agree with this? Give your reasons.
    The most immediate requirement of the poor people are fooding, clothing and shelter. The activist is partly correct in saying that the poor don't need Fundamental Rights.

    Reasons:  Directive Principles contain several non-justiciable rights like the Right to Adequate Livelihood. Equal Pay for equal work (for men and women), rights against Economic Exploitation which if made justiciable can help in improving the economic conditions of the poor. Recently Right to work has been partly made justiciable. In rural areas which is bound to have positive effects on the conditions of the poor. However the fundamental rights are important which guarantees the right to life, right to employment and right against exploitation.
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