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Critical Topics and Their Significance for the UPSC CSE Examination on December 18, 2024

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The Constitution on minority rights

For Preliminary Examination: Fundamental Rights, Minority Rights

For Mains Examination: GS II - Indian Polity & Governance

Context:

The preservation of diversity is the rationale behind minority rights in the Indian Constitution. On Minority Rights Day, it is essential to remember Franklin Roosevelt’s words, ‘no democracy can long survive which does not accept as fundamental to its very existence the recognition of the rights of minorities’

Read about:

Fundamental Rights

Important Articles regarding Minority rights in Indian Constitution

Key takeaways:

Constituent Assembly debates on Minority Rights

The Constituent Assembly debates on minority rights were marked by thoughtful deliberations on ensuring equality, justice, and harmony in a diverse and multi-religious society like India. Members of the Assembly were acutely aware of the country's history of communal tensions and the need to balance national integration with the protection of minority identities.

Key Highlights of the Debates:

• Creation of an Inclusive Framework
  The framers of the Constitution, such as Sardar Vallabhbhai Patel and Jawaharlal Nehru, emphasized the importance of creating a framework that would protect minority rights without fostering divisions. The goal was to integrate minorities into the fabric of the nation while respecting their distinct identities.

• Pandit G.B. Pant’s Proposal
  Pandit G.B. Pant, during his proposal for an Advisory Committee on Fundamental Rights and Minority Rights, stressed that addressing the concerns of minorities was crucial for maintaining peace and fostering progress. He asserted that ensuring their satisfaction was essential for the stability of the Indian state.

• Multiculturalism and Rights of Minorities
  Recognizing the pluralistic nature of Indian society, the Assembly acknowledged that individual rights alone would not suffice in addressing the complexities of a heterogeneous society. This led to the adoption of Articles 25 to 30 in the Constitution, which specifically safeguard cultural and educational rights, as well as freedom of religion for minorities.

• Opposition to Separate Electorates
  Separate electorates for minorities, a legacy of colonial rule, were a contentious issue. Leaders like Nehru and Patel argued against it, emphasizing that it would perpetuate division and hinder national unity. Instead, they advocated for universal adult franchise and common electoral rolls.

• Balancing Integration with Diversity
  Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, highlighted the importance of balancing individual rights with group rights to preserve the cultural, linguistic, and religious diversity of the nation. He believed that the provisions for minority rights were essential for fostering a sense of belonging among all communities.

• Articles 25 to 30
  The discussions culminated in the incorporation of Articles 25 to 30, which guarantee:

  • Freedom of religion (Article 25).
  • The right to manage religious affairs (Article 26).
  • Freedom from taxes for promotion of religion (Article 27).
  • Freedom to attend religious instructions in educational institutions (Article 28).
  • Protection of language, culture, and educational rights of minorities (Articles 29 and 30).

• Vision for an Equal Society
  The Assembly envisioned a nation where equality of opportunity and access would bridge social divides. Leaders like Maulana Abul Kalam Azad emphasized that the true test of democracy lay in how the majority treated its minorities

 Follow Up Question

1.Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC CSE 2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only 
(b) 2 only 
(c) 1 and 3 only