Class 8 NCERT Polity Chapter 1

The Indian Constitution

Constitution: Usually a written document which contains the
rules of governing a sovereign state.

Consensus: Agreement of all the people on an issue.

Democracy: A form of government in which people at large hold

the ultimate power of governance. The representatives of people
constitute the government and undertake the Constitutional
responsibilities in order to achieve the ideals of the Constitution.

Fundamental Rights: The set of Rights which ensures the life of

dignity and honor to all who live in its jurisdiction.

Equality: State of being equal in all respects.

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Majority: Maximum in number.

Minority: Minimum in number.

Federalism: The existence of more than one levels of

government in the country.

Representative: The person who is elected by

people through a general election to represent a
constituency in the government.

Secularism: A system under which a state does not

officially promote any one religion as a state religion.

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Introduction

• Society has constitutive rules that make it and differentiate it from other
kinds of societies.

• In large societies in which different communities of people live together,

constitutive rules are formulated through consensus, and in modern
countries, this consensus is available in written form, which we call a
Constitution.

• The Constitution of India is the longest written constitution in the world.

• It is a set of rules by which the government rules our country. It is the

supreme law of the land.

• It came into effect on 26th January 1950. Our Constitution is based on the
principles of democracy, socialism and secularism.

• Dr. Bhim Rao Ambedkar is known as ‘The Father of Indian Constitution‘.

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Why Does a Country Need a Constitution?

• All democratic countries are likely to have a

Constitution, but on the other hand, it is not necessary
that all countries that have a Constitution are
democratic. The Constitution serves several purposes
as listed below.

• A Constitution tells us what the fundamental nature

of our society is.

• A Constitution helps serve as a set of rules and

principles that all persons in a country can agree upon
as the basis of the way in which they want the country
to be governed.
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3 Significant Reasons Why We Need a Constitution

• In democratic societies, the Constitution often

lays down rules that guard against the misuse of
authority by our political leaders.

• The Constitution ensures that a dominant group

does not use its power against less powerful
people or groups.

• The Constitution helps to protect us against

decisions that could have an adverse effect on the
larger principles that the country believes in.
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The Indian Constitution: Key Features
A group of 300 people became members of the Constituent
Assembly in 1946 and had written India’s Constitution. While writing
the Indian Constitution, these members kept in mind the different
communities who speak different languages, belong to different
religions, and have distinct cultures.

Listed below are the key features of the Indian Constitution.

1) Federalism
This refers to the existence of more than one level of government in
the country. In India, we have governments at the state level, at the
centre and Panchayati Raj at the village level. The Constitution
contains lists that detail the issues that each tier of government can
make laws on. In addition, the Constitution also specifies where
each tier of government can get the money from, for the work that it
does. All persons in India are governed by laws and policies made
by each of these levels of government. Instagram
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2) Parliamentary Form of Government
The people of India have a direct role in electing their
representatives. Also, every citizen of the country, irrespective of
his/her social background, can contest in elections.

3) Separation of Powers
There are 3 organs of government:
1. The legislature: refers to elected representatives by the
people.
2. The executive: is a smaller group of people who are
responsible for implementing laws and running the
government.
3. The judiciary: refers to the system of courts in India.
Each organ mentioned above acts as a check on the other organs
of government. This ensures the balance of power between all
three.
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4) Fundamental Rights
The constitution guarantees the rights of individuals
against the State as well as against other individuals.
It also guarantees the rights of minorities against the
majority.

The Fundamental Rights in the Indian

Constitution include:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
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Fundamental Rights have two-fold objectives:
1. Every citizen must be in a position to claim fundamental
rights.
2. Fundamental rights must be binding upon every authority
that has got the power to make laws.
The Constitution also has a section called Directive Principles
of State Policy which ensure greater social and economic
reforms, and serve as a guide to the independent Indian State
to institute laws and policies.

5) Secularism

A secular state is one in which the state does not officially

promote any one religion as the state religion.

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1) Why does a democratic country need a Constitution?

Answer

A democratic country need a Constitution because:

→ It lays out the important guidelines that govern decision making

within the various societies of the country.

→ It lays down the ideals that form the basis of the kind of country
that its citizens aspire to live in.

→ It serves as asset of rules and principles as the basis by which the

country has to be governed.

→ It provides rules to safeguard the interests of minorities and prevent

any kind of domination by the majority on minorities.

→ It lays down rules that guard against the misuse of power by any
politician leader.

→ It also provides rights to its citizens and protects their freedom.

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3. What would happen if there were no restrictions on the power of elected
representatives?

Answer

If there are no restrictions on the power of the elected representatives the leaders
might misuse the powers given to them. The Constitution provides safeguards
against this misuse of power by our political leaders.

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4. In each of the following situations, identify the minority. Write one reason why
you think it is important to respect the views of the minority in each of these
situations.

(a) In a school with 30 teachers, 20 of them are male.

(b) In a city, 5 per cent of the population are Buddhists.

(c) In a factory mess for all employees, 80 per cent are vegetarians.

(d) In a class of 50 students, 40 belong to more well-off families.

Answer

(a) Female teachers are in minority. The female teachers must be allowed space to
voice their opinion so that their efforts at teaching are not hindered by their minority
status.

(b) Budhhists are in minority. Every individual has the right to follow the religion of
his/her choice. People of other faith must respect the religion other than their own.

(c) Non-vegetrians are in minority. Food choice is personal wish so he/she should
have the freedom to eat what he/she wants.

(d) Under privileged are in minority. Citizens cannnot be discriminated by their birth
so their views have to be respected.
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 Class 8 NCERT Polity Chapter 2
Understanding Secularism
Secularism: A system under which a state does not officially
promote any one religion as a state religion.

Coercion: Forcing someone to do something. In the chapter,

the term refers to the force used by a legal authority such as the
State.

Freedom to interpret: It refers to the freedom that all persons

shall have to understand things in their own way. In the chapter,
it refers to individual liberty to develop their own understanding
and meaning of the religion they practice.

Intervene: In the chapter, the term refers to the State’s efforts to

influence a particular matter in accordance with the principles of
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What is Secularism?

India adopted a strategy of separating the power of religion and the

power of the State. Secularism refers to this separation of religion from
the State. The Indian Constitution allows individuals the freedom to live by
their religious beliefs and practice it.

Why is it Important to Separate Religion from the State?

The separation of the State and religion in democratic societies is

important because of the following reasons:

It helps a country to function democratically.

The tyranny of the majority and the violation of Fundamental Rights can
be very harmful to the people belonging to the minority. So, it protects
people from any type of religious violence.

It protects the freedom of individuals to exit from their religion, embrace

another religion. It gave people the freedom to interpret religious
teachings differently. Instagram
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What is Indian Secularism?

The Indian Constitution mandates that the Indian

State be secular. Only a secular State can realise its
objectives to ensure the following:

One religious community does not dominate another.

Some members do not dominate other members of

the same religious community.

The State does not enforce any particular religion nor

does it take away the religious freedom of individuals.
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Steps were taken by Indian State to Protect Secularism in India
The Indian State works in various ways:
1. It uses a strategy of distancing itself from religion. In India,
government spaces like law courts, police stations, government
schools and offices are not supposed to display or promote any one
religion.
2. A strategy of noninterference. This means that in order to respect the
sentiments of all religions and not interfere with religious practices,
the State makes certain exceptions for particular religious
communities.
3. A strategy of intervention. This means that to ensure the laws
relating to equal inheritance rights are respected, the State can
intervene in the religion-based ‘personal laws’ of communities.
4. The intervention of the State can also be in the form of support. For
example, the Indian Constitution grants the right to religious
communities to set up their own schools and colleges. It also gives
them financial aid on a non-preferential basis.
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In what way is Indian secularism different from that
of other democratic countries?

• There is one significant way in which Indian secularism

differs from the dominant understanding of secularism as
practised in the United States of America.

• In American secularism, there is a strict separation

between religion and the State.

• Whereas in Indian secularism, the State can intervene

in religious affairs.

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Q) Will the government intervene if some religious group says that their
religion allows them to practise infanticide? Give reasons for your
answer.

Answer

The government in any democratic nation would intervene if some

religious group says that their religion allows them to practice infanticide
because this tradition goes against the Fundamental Right to Life.

It involves the killing of an innocent and is, hence, unacceptable.

The government, in this case, interferes by coercion. However,

sometimes, the government may also intervene via support.

For example, Sikhs in Delhi are excused from wearing helmets on two-
wheelers because their religion demands them to wear a turban-a
sacred tradition for them.

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Answer

(a) This is important to protect the Fundamental Right to Freedom of

Religion.

Example of violation: the demolition of the Babri Masjid in Ayodhya on

6th December, 1992 by Hindu nationalists.

(b) This is important to uphold the ideals of a democratic nation which

allows its citizens freedom to choose whichever religion they wish to
follow. 

Example: France, in February 2004, banned headscarves and turbans in

public places, thereby hurting the sentiments of Muslim and Sikh
minorities.

(c) This is necessary to uphold individual freedom in the light of pressure

from a group or religious community that one belongs to. 

Example, the Christian community is divided into Protestants and

Catholics; Irish Catholics are looked down upon and troubled by the
officials of the Church of England who are pre-dominantly Protestants.
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4. Look up the annual calendar of holidays of your school. How many
of them pertain to different religions? What does this indicate?

Answer

Many holidays on a school's annual calendar pertain to different

religions. This indicates that India is a secular country where religious
freedom is granted to its citizens and all religions are equally
respected.

5. Find out some examples of different views within the same religion.

Answer

Among Muslims, many people believe in ‘Parda system’, whereas

many do not approve of it & see it as interference in the freedom of
women.

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6. The Indian State both keeps away from religion as well as intervenes
in religion. This idea can be quite confusing. Discuss this once again in
class using examples from the chapter as well as those that you might
have come up with.

Answer

→ The Indian State distances itself from the religion and it is not rules
by a religious group & nor does it support any one religion.

→ Equal respect is given to all the religions. In order to prevent

domination by one particular community, the state may interfere in the
religion.

→ State may interfere in the religion to ensure that all the religions are
treated equally.

→ Sometimes, the State may have to intervene in the religion based on

‘personal laws’ of the communities to ensure that laws relating to equal
inheritance are protected.
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7. This poster alongside highlights the need for 'Peace'. It says, “Peace is a
never-ending process... It cannot ignore our differences or overlook our
common interests.” Write in your own words what you think the above
sentences are trying to convey? How does it relate to the need for religious
tolerance?

This chapter had three drawings on religious tolerance made by students of

your age.

Design your own poster on religious tolerance for your peers.

Answer

‘Peace is a never-ending process. It cannot ignore our differences or overlook

our common interests.’

The above sentences say that for all the communities to stay together, it is very
important that each religious community should respect the other, their
interests & their religious practices. We should not feel bound by any law that
we need to respect the other religion, whereas, we should work towards
decreasing the differences amongst religious communities & work towards
brining peace in the society as a civilized society. Only then, we will be able to
enjoy the co-existence of different religious in the society. Instagram
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 Class 8 NCERT Polity Chapter 3
Why Do We Need a Parliament?
EVM: It stands for Electronic Voting Machine.

Approval: It refers to the formal consent through elected representatives that

Parliament has as well as the fact that it needs to continue to enjoy the people’s
trust.

Representative: The person who is elected by the people is known as the people’s
representative.

Universal Adult Franchise: All adult citizens of the country enjoy the right to vote.

Coalition: When one party does not get a clear majority, a group of political parties
form a coalition and elect a leader who then forms a government, known as a
coalition government.

Parliament: The Parliament in India consists of the President, the Rajya Sabha and
the Lok Sabha. It is the highest law-making body in the country. It is also known as
Sansad. Instagram
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Rajya Sabha: It is also known as the Council of States. Its
total membership is 245. It is chaired by the Vice-President of
India.

Lok Sabha: It is also known as the House of the People. Its

total membership is 545. It is presided over by the Speaker.

Opposition Party: The opposition in Parliament is formed by

all the political parties that oppose the majority party or
coalition formed. The largest amongst these parties is known
as the opposition party.

Ruling party: The party that rules the country.

Unresolved: It refers to the situations in which there are no

easy solutions to problems.

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Introduction Parliament enables citizens of India to
participate in decision making and control the
government, thus making it the most important symbol of
Indian democracy and a key feature of the Constitution.

Why Should People Decide?

The decision of people matters in a democratic country
because:
1. A democratic government is run by the consent,
approval, and participation of the people or citizens.
2. The people in a democracy are the citizens and they
are an integral part of any democracy.
3. The people elect a few candidates who represent
their collective voices in the Parliament.
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The Role of the Parliament:
(i) The Indian Parliament is an expression of the faith that the
people of India have in the principles of democracy.
(ii) The Parliament in our system has immense powers because
it is the representative of the people.
(iii) The Lok Sabha is elected once every five years. The country
is divided into a number of these constituencies. Each of these
constituencies elect one person to the parliament.
(iv) Once elected, the candidates become members of
parliament or MPs. These MPs together make up the
Parliament.

Parliament Performs the Following Functions:

• Some of the major functions of the parliament are as
follows:

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1. Legislative Functions:
• The Parliament makes laws on all subjects listed in the Union List. It can
also make laws on subjects listed under the Concurrent List.
• In case there is any conflict or overlapping in the provisions existing in the
Union and State enactment, the Union law prevails.
• In cases when an emergency has been declared, the Union Parliament
can also make laws on subjects that fall within the State List.

2. Financial Control:
• Union Parliament has exclusive powers to provide ways and means
through which revenue has to be raised for public services. To that end it
imposes taxes and also ensures that the money sanctioned for
expenditure to various departments of the government has been spent for
the authorized purposes.

3. Providing and exercising control over Cabinet:

• Our Parliamentary system blends the legislative and the executive organs
of the State in as much as the executive power is wielded by a group of
Members of the Legislature who command majority in the Lok Sabha.
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4. Critical Assessment of the Work of the Cabinet:
• The Parliament provides the forum through which is ensured
that the Cabinet remains in power only as long as it commands
majority support in the Lok Sabha which comprises elected
representatives of the people.
• It is one of the most important functions of the Parliament to
bring about discussions and critical assessments of the
performance of the government departments.

5. Role of opposition:
• The existence of opposition also ensures that the nation gets to
know about the alternative points of view.

6. An organ of information:
• Parliament is the most powerful organ so far information about
the functioning of the government is concerned.
• The information provided in the Houses is authoritative and
Ministers are bound to provide information on matters of
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7. Constitutional Functions:
• The power to amend the Constitution vests with the Parliament.
• Constitutional amendments have to be passed by each house by a
majority of total membership as well as by two-third majority of
members present in voting.

8. Judicial Functions:
• Parliament has the exclusive powers to impeach the President and
remove judges of the Supreme Court and the High Court’s through a
prescribed procedure.

9. Elective functions:
• Elected members of the Rajya Sabha and the Lok Sabha Constitute
the Electoral College for the election of the Vice-President.
• Along with elected members of the State Legislatures they form the
Electoral College for election to the office of the President.
• The Parliament can also by legislation create new States or make
changes in the existing boundaries of the States.
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2) To Control, Guide and Inform the Government

The Parliament begins with a question hour. The question

hour is an important mechanism through which MPs can
elicit information about the working of the government.
By asking questions the government is alerted to its
shortcomings. The government also comes to know the
opinion of the people through their representatives in the
Parliament (the MPs). In all matters dealing with finances,
the Parliament’s approval is crucial for the government.

3) Law-Making

Law-making is a significant function of Parliament. You

will learn about it in the next chapter. Instagram
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Who are the People in Parliament?

Parliament now has more and more people from

different backgrounds.

There has also been an increase in political

participation from the Dalits and backward classes.

Some seats are reserved in Parliament for SCs and

STs.

Similarly, there is a reservation of seats for women.

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1. Why do you think our national movement supported the idea
that all adults have a right to vote?

Answer

Under colonial rule, the people had lived in fear of the British govt. &
did not agree with many of the decisions that they took.

→ But they faced great danger if they tried to criticised these

decisions.

→ The freedom movement changed this situation & the nationalists

began to openly criticise the British govt & make demands.

→ They demanded that there be elected members in the legislature

with a right to discuss the budget & ask questions.

That is why nationalist movement supported the idea of universal

adult franchise, so that the people can take part in the decision
making of the country.
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 Class 8 NCERT Polity Chapter 4
Understanding Laws
• Rule of Law: It means that all laws apply equally to all citizens of the
country and no one can be above the law.

• Sedition: This applies to anything that the government might

consider as stiring up resistance or rebellion against it. The British
passed the Sedition Act in 1870. Under this Act any person protesting
or criticising the British government could be arrested without a trial.

• Evolution: In the chapter, it refers to the way in which protecting

women against domestic violence developed from an urgently-felt
need to a new law that can be enforced in the entire country.

• Hindu Succession Amendment Act, 2005: According to this law,

sons, daughters and their mothers can get an equal share of family
property.
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• Domestic violence: It refers to the injury or harm or
threat of injury or harm caused by an adult male, usually
the husband, against his wife: Injury may be caused by
physically beating up the woman or by emotionally
abusing her. Abuse of the women usually includes verbal,
sexual and economic abuse.

• Criticize: In the chapter, the term refers to citizens who

find fault with the functioning of government.

• Repressive: In the chapter, the term refers to laws that

use brutal methods to control persons and prevent them
from exercising their Fundamental Rights.

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What are Laws?

The system of rules which a particular country or community recognises as regulating the actions of
its members and which it may enforce by the imposition of penalties

Do Laws Apply to All:

• As there should be no arbitary exercise of power in independent India therefore the members of
Constituent Assembly instituted several provisions in the Constitution that would establish the rule
of law.

• All persons in independent India are equal before the law.

• All laws apply equally to all citizens of the country and no one can be above the law. That means,
the law cannot discriminate between persons on the basis of their religion, caste or gender.

• Any crime or violation of law has a specific punishment.

• In ancient India, there were innumerable and overlapping local laws which did not apply equally to
all. The punishment for the same crime varied depending upon their caste background with lower
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• Members of the Constituent Assembly were agreed there
should be no arbitary exercise of power in Independent India. To
establish a law, they instituted several provisions in the
Constitution.

• The British colonialists introduced the rule of law in India.

Historians have disputed this claim as:

-The colonial law was arbitrary

-The Indian nationalists played a prominent role in the

development of the legal sphere.

• The British law of the Sedition Act of 1870 set a perfect

example of the arbitrariness. Under this Act, a person protesting
or criticising the British government could be arrested without
due trial.

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• Indian nationalists began protesting and criticising the arbitrary
use of authority by the British.They began fighting for greater
equality and wanted to change the idea of law from a set of rules
that they were forced to obey, to law as including ideas of justice.

• By the end of the 19th century, the Indian legal profession began
emerging and demanded respect in colonial courts by using laws
to defend the legal rights of Indians.

• Indian judges began to play a greater role in decisions-making.

• With the adoption of the Constitution, laws for the country

began to be made by the representatives.

• Ever year, representatives pass new laws as well as revise the

existing ones.

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Hindu Succession Amendment Act 2005: According to
this law, sons, daughters & their mothers can get an equal
share of family property.

How Do New Laws Come About:

1. The Parliament has an important role in making laws.
2. An important role of Parliament is to be sensitive to
the problems faced by people.
3. The issue of domestic violence was brought to the
attention of the Parliament and the process adopted
for this issue to become law.
4. The Protection of Women from Domestic Violence
Act 2005 was implemented to protect women from
being abused and injured by male.
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Domestic Violence : The injury or harm caused by an adult
male(husband) to his wife.
1. The role of citizens is crucial in helping Parliament frame
different concerns that people might have into laws.
2. From establishing the need for a new law to its being passed, at
every stage of the process the voice of the citizen is a crucial
element which makes the work of Parliament more accessible
and transparent.

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Unpopular and Controversial Laws:

• Sometimes the Parliament passes laws that turn out to be very

popular.

• Sometimes a law can be constitutionally valid and legal, but it can

continue to be unpopular and unacceptable to people because
they feel that the intention behind it is unfair and harmful.

• People might criticise this law, hold public meetings, write about it
in newspaper, report to TV news channels etc.

• In a democracy, citizens can express their unwillingness to accept

repressive laws framed by the Parliament.

• When a large member of people begin to feel that a wrong law has
been passed, then there is pressure on the Parliament to change it.

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• If the law favours one group and disregards the other, it will be
controversial and lead to conflict.

• People who think that the law is not fair can approach the court to
decide.

• The court has the power to modify or cancel laws if it finds that they
don’t adhere to the Constitution.

• In India, role of citizens does not end with electing representatives,

they also analyse the work done by MP’s and criticise their actions, if
needed.Therefore, it is stated that people in a democratic country have
the right to protest against the unjust laws.

Conclusion:

It is the extent, involvement and enthusiasm of the people that helps

Parliament perform it’s representative functions properly.

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1. Write in your own words what you understand by the term the 'rule of law'. In
your response include a fictitious or real example of a violation of the rule of law.

Answer

Law is a system of rules, usually imposed through a Government or Institution and is

applied to govern a group people. It shapes politics,economics and society in
numerous ways.

The most common example of a violation of the rule of law can be seen on the roads.
Motorists and pedestrians do not follow the traffic rules. Motorists do not adhere to
speed limits nor do they stop behind the line at traffic signals. Pedestrians rarely use
the zebra crossing and cross the road at will causing harm not only to themselves but
also to other road users.

2. State two reasons why historians refute the claim that the British introduced
the rule of law in India.

Answer

The two reasons why historians refute the claim that the British introduced the Rule of
Law in India are

→ Colonial law was arbitrary, e.g. Sedition Act of 1870

→ Indian nationalists played a prominent role in the development of the legal sphere in
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3. Re-read the storyboard on how a new law on domestic violence
got passed. Describe in your own words the different ways in which
women's groups worked to make this happen.

Answer

Women's groups worked hard and untiringly towards the passing of the
new law on domestic violence in India. They used different forums like
public protests, hearings, meetings with other organizations, press
conferences and petitions to the government to introduce a new
reformed bill on domestic violence to include demands like monetary
relief and protection against being evicted from the shared household.
While earlier, domestic violence only entailed "injury or harm or threat of
injury or harm" by an adult male against a woman. The Protection of
Women from Domestic Violence Act 2005 extended to include physical,
economic, sexual, verbal and emotional abuse.
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 Class 8 NCERT Polity Chapter 5
Judiciary
Acquit: The court declaring that a person is not
guilty of the crime which he/she was tried for by the
court.

Civil law: It deals with matters like money, property,

marriage disputes, etc. ‘

Criminal law: It deals with cases of theft, robbery,

cheating, murder, etc.

PIL: It stands for Public Interest Litigation. It has

been devised to facilitate justice.
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Judicial System: It is a mechanism of courts that a
citizen can approach when a law is violated.

Judicial review: The judiciary has the power to modify

or cancel particular laws passed by the Parliament if it
finds that they do not adhere to the Constitution. This is
known as judicial review.

Violation: It means breaking a law or encroaching

someone’s Fundamental Rights.

Separation of power: It means that the powers of the

state and the powers of the judiciary are separate.

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What is the Role of the Judiciary?
Work of the judiciary can be divided into the following:

• Dispute Resolution: The judicial system provides a

mechanism for resolving disputes between citizens, between
citizens and the government, between two state governments
and between the centre and state governments.

• Judicial Review: Judiciary has the power to strike down

particular laws passed by the Parliament, if it believes that
these are a violation of the basic structure of the Constitution.
This is called judicial review.

• Upholding the Law and Enforcing Fundamental Rights:

Every citizen of India can approach the Supreme Court or the
High Court if they believe that their Fundamental Rights have
been violated. Instagram
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What is an Independent Judiciary?

• The Independence of Judiciary means:

Other branches of government – the legislature and the

executive – cannot interfere in the work of the judiciary.
The courts are not under the government and do not act
on their behalf.

• Independence of the judiciary allows the courts to play a

central role in ensuring that there is no misuse of power
by the legislature and the executive.

• Independence of the judiciary also plays a crucial role in

protecting the Fundamental Rights of citizens.
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What is the Structure of Courts in India:
(i) There are three different levels of courts in our country. Several
courts are at the lower level while only one at the apex level.
• District level or subordinate court: Most people interact at this
level. Each district is presided by District Judge.
• State level court: High Court is the highest court of the state.
• Supreme Court: The Supreme Court of India is the highest
judicial authority. It is located in New Delhi and is presided over
the Chief Justice of India. The decisions made by the Supreme
Court are binding on all other courts in India.

(ii) In India, we have an integrated judicial system, meaning that the

decision made by higher courts are binding on the lower Courts as all
these different levels of courts are connected to each other.

(iii) Appellate System: This means that a person can appeal to a

higher court if they believe that the judgement passed by the lower
court is not just. This system exists in India. It is the another way that
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Q) What are the Different Branches of the Legal System?

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Does Everyone Have Access to the Courts?

• All citizens of India can access the courts in this country. This means that every
citizen has a right to justice through the courts.

• The courts are available for all but in reality, access to courts has always been
difficult for a vast majority of the poor in India.

• Legal procedures involve a lot of money and paperwork as well as take up a

great deal of time. In response to this, the Supreme Court in the early 1980s
devised a mechanism of Public Interest Litigation or PIL to increase access to
justice.

• It allowed any individual or organisation to file a PIL in the High Court or the
Supreme Court on behalf of those whose rights were being violated.

• The phrase ‘justice delayed is justice denied’ is often used to characterise

extended time period that courts take. However, inspite of this there is no
denying that the judiciary has played a crucial role in democratic India, serving as
a check on the powers of the executive and the legislature as well as in
protecting the Fundamental Rights of citizens.

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PIL

• Public Interest Litigation (PIL) is introduced by

Supreme Court in the early 1980s.

• It allowed any individual or organisation to file a

PIL in the High Court or the Supreme Court on
behalf of those whose rights were being
violated.

• A letter or telegram addressed to the Supreme

Court or the High Court could be treated as a
PIL.

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Importance of Judiciary

• The judiciary has played a crucial role in

democratic India,

• It also keep a check on the powers of the

executive and the legislature

• Also, it helps in protecting the

Fundamental Rights of citizens.

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Excercises

1. You read that one of the main functions of the judiciary is

'upholding the law and Enforcing Fundamental Rights'. Why do you
think an independent judiciary is necessary to carry out this
important function?

Answer

The independence of the judiciary allows the courts to play a central

role in ‘upholding the law and Enforcing Fundamental Rights’ as it
ensures that there is no misuse of power by the legislature and the
executive. Anyone can approach the courts if they believe that their
rights have been violated and Politicians or other socially powerful
people cannot use their power to change any judgement.

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2. Re-read the list of Fundamental Rights provided in chapter
1. How do you think the Right to Constitutional Remedies
connects to the idea of judicial review?

Answer

The Right to Constitutional Remedies allows an Indian citizen

to move the court if he feels that any of his or her Fundamental
Rights has been violated by the State. As thefinal interpreter of
the Constitution, the judiciary has the power to review or even
strike down any particular law passed by the Parliament if it
believes that this law violates the basic structure of the
constitution, which is called judicial review. In this way we find
that the Right to Constitutional Remedies given in the
Fundamental Rights is directly connected and supported by
the idea of judicial review.

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3. In the Following illustration, fill in each tier with the judgments given by the various
courts in the Sudha Goel case. Check your responses with others in class.

Answer

Lower Court (Trial Court): Laxman, his mother Shakuntala and his brother-in-law
Subhash Chandra were sentenced to death

High Court: Laxman, Shakuntala and Subhash Chandra were acquitted.

Supreme Court: Laxman, Shakuntala were given life imprisonment while Subhash
Chandra was acquitted for lack of sufficient evidence.

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4. Keeping the Sudha Goel case in mind, tick the sentences that are true and correct the ones that
are false.

(a) The accused took the case to the High Court because they were unhappy with the decision of
the Trial Court.

(b) They went to the High Court after the supreme Court had given its decision.

(c) If they do not like the Supreme Court verdict, the accused can go back again to the Trial Court.

Answer

(a) True

(b) They went to the High Court after the Trial Court had given its decision.

(c) If they do not like the Supreme Court verdict, the accused cannot go back again to the Trial
Court since the Supreme Court is at the highest rung of the judiciary pyramid.

5. Why do you think the introduction of Public interest Litigation (PIL) in the 1980s is a significant
step in ensuring access to justice for all?

Answer

The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring
access to justice for all because it also keeps in mind the interests of the illiterate and poor who are
not educated enough or cannot afford to access the Indian legal system for justice against
exploitation or violation of their basic human and Fundamental Rights.

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6. Re-read excerpts from the judgment on the Olga Tellis vs
Bombay Municipal Corporation case. Now write in your own words
what the judges meant when they said that the Right to Livelihood
was part of the Right to Life.

Answer

In Olga Tellis vs. Bombay Municipal Corporation case, the judges

said that the Right to Livelihood was part of the Right to Life. They
stated that life does not merely imply an animal existence; it cannot
be lived without a means of living, that is, "the means of
livelihood". The judges conferred that eviction from a pavement or
slum is deprivation of means of livelihood for the poor who cannot
afford to live anywhere else. They take up small jobs in surrounding
areas and to lose their pavement or slum would lead to loss of a
job resulting in loss of a means of livelihood. Consequently, leading
to "deprivation of life". This is how the judges connected Right to
Livelihood to the Right to Life.
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Class 8 NCERT Polity Chapter 6
Understanding Our Criminal Justice System
Cognizable: It refers to an offence for which the police
may arrest a person without the court’s permission.

Cross-examine: To question the witness carefully who

has already been examined by the opposite side to
determine the truth of his/her testimony.

Evidence: It refers to the facts or signs that make you

believe that something is true.

Detention: It refers to the situation when the police

forcibly keeps someone in custody.

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Witness: It refers to the person who is called upon
in court to give a first-hand account of what he/she
has seen, heard or knows.

Offence: Any act that is defined by the law as a

crime.

Investigation: It refers to an official examination of

the facts about a crime.

Memo: It refers to an official note.

Confession: Acceptance of an offence.

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Understanding Our Criminal Justice System

According to Article 22 of the Constitution, every person

has a Fundamental Right to be defended by a lawyer.
Article 39A of the Constitution places a duty upon the
State to provide a lawyer to any citizen who is unable to
engage one due to poverty or other disability.

4 key players in the criminal justice system

• the police,

• the Public Prosecutor,

• the defence lawyer and

• the judge.
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1) Role of the Police in Investigating a Crime
An important function of the police is to investigate any complaint about the
commission of a crime.

The investigation includes recording statements of witnesses and collecting different

kinds of evidence. On the basis of the investigation, the police are required to form
an opinion.

If the police think that the evidence points to the guilt of the accused person, then
they file a charge sheet in the court. It is not the job of the police to decide whether a
person is guilty or innocent, the judge has to decide this.

Meanwhile, the rule of law means that everyone including the police is subject to the
law of the land. Police investigations have to be conducted in accordance with the
law and with full respect for human rights.

The Supreme Court has laid down guidelines that the police must follow at the time
of arrest, detention and interrogation. The police are not allowed to torture or beat or
shoot anyone during the investigation.

They cannot inflict any form of punishment on a person even for petty offences.
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Article 22 of the Constitution
Article 22 of the Constitution and criminal law guarantee
the following Fundamental Rights to every arrested person:

• The Right to be informed at the time of arrest of the

offence for which the person is being arrested.
• The Right to be presented before a magistrate within 24
hours of arrest.
• The Right not to be ill-treated or tortured during arrest or
in custody.
• Confessions made in police custody cannot be used as
evidence against the accused.
• A boy under 15 years of age and women cannot be called
to the police station only for questioning.
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D.K. Basu Guidelines
The Supreme Court of India sets specific requirements and
procedures that the police and other agencies have to follow for the
arrest, detention and interrogation of any person. These are known
as the D.K. Basu Guidelines and these include:

• The police officials who carry out the arrest or interrogation should
wear clear, accurate and visible identification and name tags with
their designations
• A memo of arrest should be prepared at the time of arrest and
should include the time and date of arrest. It should also be
attested by at least one witness who could include a family member
of the person arrested. The arrest memo should be countersigned
by the person arrested.
• The person arrested, detained or being interrogated has a right to
inform a relative, friend or a well wisher.
• When a friend or relative lives outside the district, the time, place
of arrest and venue of custody must be notified by police within 8 to
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First Information Report

First Information Report (FIR): Once the FIR is registered, the police can begin
their investigations into a crime.

As per the law, it is compulsory for an officer in charge of a police station to

register an FIR whenever a person gives information about a cognizable
offence.

This information can be given to the police either orally or in writing. The FIR
usually mentions the date, time and place of the offence, details the basic
facts of the offence, including a description of the events.

If known, the identity of the accused persons and witnesses is also

mentioned. The FIR also states the name and address of the complainant.

Police can register an FIR in a prescribed form, signed by the complainant.

The complainant also has a legal right to get a free copy of the FIR from the
police.
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2) Role of Public Prosecutor

A criminal offence, regarded as a public wrong is committed

not only against the affected victims but against society as a
whole.

It is the public prosecutor who represents the interests of the

state.

Their role begins after the police have conducted the

investigation and filed the charge sheet in the court.

They have no role to play in the investigation. The Prosecutor

must conduct the prosecution on behalf of the State.

As an officer of the court, it is their duty to act impartially, thus

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3) Role of the Judge

Like an umpire in a game,the Judge conducts the trial

impartially in an open court.

He/ She hears all the witnesses and all evidence

presented by the prosecution and the defence.

On the basis of the evidence presented and in

accordance with the law, the judge decides whether the
accused person is guilty or innocent.

If the accused is convicted, then the judge pronounces

the sentence and sends them to jail or imposes a fine or
both, depending on what the law prescribes.

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What is a Fair Trial?

For a trial to be fair, several different procedures

have to be observed.

Article 21 of the Constitution that guarantees the

Right to Life states that a person’s life or liberty
can be taken away only by following a reasonable
and just legal procedure.

A fair trial ensures that Article 21 of the

Constitution is upheld.

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Features of Fair Trial: held in an open court, in public view-in the
presence of the accused-accused was defended by a lawyer-defence
lawyer is given an opportunity to cross-examine all the prosecution
witnesses and to present witnesses in accused’s defence-judge has to
assume that the accused is innocent- prosecution has to prove beyond
reasonable doubt that the accused is guilty- judge decides the matter
only on the basis of the evidence- judge remains impartial and on
proved innocent, the accused is allowed to go free.

Every citizen, irrespective of their class, caste, gender, religion and

ideology, before the law would not make much sense if every citizen
were not guaranteed a fair trial by the Constitution.

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 Class 8 NCERT Polity Chapter 7
Understanding Marginalisation
Marginalisation: The term refers to the situation in which an individual or a group of
individuals is deprived of certain privileges or treated as different from others.

Adivasi: It literally means ‘original inhabitants’.

Hierarchy: A graded system or arrangement of persons or things. These who find

themselves avail the least power.

Mainstream: People or communities that are considered to be at the centre of a

society.

Displaced: People who are forced to move from their homes for some reasons such as
construction of dams, etc.

Militarised: An area where the presence of the armed forces is considerable.

Malnourished: One who does not get adequate food. Instagram

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Marginalisation is the process whereby something or someone is pushed
to the edge of a group and accorded lesser importance. This is
predominantly a social phenomenon by which a minority or sub-group is
excluded, and their needs or desires ignored.

What does it mean to be Socially Marginalised:

(i) To be marginalized is to be forced to occupy the sides or fringes and thus

not be at the centre of things.

(ii) Sometimes marginalized groups are viewed with hostility and fear.

(iii) There is a sense of difference & exclusion which leads to communities

not having access to resources & opportunities & in their inability too assert
their rights.

(iv) To make certain groups in society feel marginalized, there are economic,
social, cultural and political factors. Thus, marginalization is seldom
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Who are Adivasis:

(i) The term ‘Adivasis’ refers to the ‘original inhabitants’. They are
communities who lived and often continue to live in close association with
forests.

(ii) Around 8% of India’s population is Adivasi. There are over 500 different
Adivasi groups in India, They are not a homogeneous population.

(iii) Many of India’s most important mining and industrial areas are situated
in Adivasi areas.

(iv) Adivasis are particularly numerous in states like Gujarat, Maharashtra,

Rajasthan, Andhra Pradesh, West Bengal, and in the north-eastern states of
Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and
Tripura. Orrisa is home to more than 60 different tribal groups.

(v) Adivasis practice a range of tribal religions that are different from Islam,
Hinduism and Christianity. Their religions themselves have influenced
dominant religions of the empire around them.
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vi) They have most distinctive societies because
there is often very little hierarchy among them. This
makes them radically different from communities
organised around principles of caste system

(vii) Adivasis worship ancestors, own village and

nature spirits. They have been influenced by different
religions, like Shakta, Buddhist, Vaishnav, Bhakti and
Christianity.

(viii) Adivasis have their own languages,which was as

old as Sanskrit. Santhali has the largest number of
speakers and has a significant body of publication.
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Adivasis and Stereotyping:

Stereotypes are characteristics imposed upon groups of

people because of their race, nationality and sexual
orientation, among others.

(i) Adivasis are invariably portrayed in very stereotypical

ways-in colourful costumes, headgear and through their
dancing.

(ii) Adivasis are blamed for their lack of advancement as

they are believed to be resistant to change or new
ideas.

(iii) People believe that the Adivasis are exotic and

belong to primitive and backward background.
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Adivasis and Development:
(i) Forests play a crucial role in the development of all empires and settled
civilization in India. As they provide with-
• Metal ores- iron & copper, gold & silver
• invaluable timber
• medicinal herbs
• animal products, like wax, lac & honey
• animals
(ii) Adivasis had deep knowledge of forest. Often empires heavily
depended on Adivasis for the crucial access to forest resources.
(iii) In today’s world, Adivasis are considered marginal and powerless
communities.
(iv) In the pre-colonial world, they were traditionally ranged hunter-
gatherers and nomads and they lived by shifting agriculture and cultivating
at one place.

(v) For the past two hundred years, Adivasis have been forced through
economic changes, forest policies and political force applied by State to
migrate as workers in plantations, industries and as domestic workers.
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vi) Forest lands have been cleared for timber and to get land for
agriculture and industry.

(vii) Huge tracts of lands have gone under the waters of hundreds of
dams that have been built in independent India.

(viii) Losing their lands and access to the forests means that tribals
lose their main source of livelihood and Adivasis have migrated to
cities in search of work.

(ix) They get caught in the cycle of poverty and deprivation. Almost
45% of tribal groups in rural areas and 35% in urban areas live below
the poverty line.

(x) As a result, Many tribal children are malnourished and aloso

literacy rate is also very low among tribals.

(xi) When Adivasis are displaced from their lands, they lose much
more than a source of income. They lose their traditions & customs.
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Minorities and Marginalisation:

(i) The term minority is most commonly used to refer to

communities that are numerically small in relation to the
rest of the population.

(ii) It encompasses issues of power, access to resources

and has social & cultural dimensions.

(iii) Safeguards are needed to protect minority

communities against the possibility of being culturally
dominated by the majority. They also protect them against
any discrimination & disadvantage that they may face.

(iv) The Constitution provides these safeguards because it

is committed to protecting India’s cultural diversity and
promoting equality as well as justice.
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Muslims and Marginalisation:
(i) Muslims are 13.4% of India’s population and are considered to be a
marginalized community in India.
(ii) They have over the years been deprived of the benefits of socio-economic
development, of basic amenities, literacy and public employment.
(iii) Recognizing that Muslims in India were lagging behind in terms of various
development in indicators, the government set up a high-level committee in
2005.
(iv) The report of the community suggests that Muslim community is comparable
to that of other marginalized communities like Scheduled Castes and Scheduled
Tribes.
(v) According to the Report of average years of schooling, for Muslim children
between ages of 7-16 is much lower than that of other socio-religious
communities.
(vi) Muslim customs and practices such as wearing burqa and fez make them
different from others. Because of this, they tend to be identified differently and
some people think they are not like the ‘rest of us’. This often becomes an
excuse to treat them unfarily.
(vii) This social marginalization of Muslims in some instances has led to their
migration from places where they have lived, often leading to the ghettorisation
of the community. Instagram
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Ghettoisation: A ghetto is an area or locality that is
populated largely by members of a particular community.
Therefore, a process that leads to such a situation. This
may occur due to various social, cultural and economic
reasons.

(viii) The experience of all these groups point to the fact

that marginalistaion is a complex phenomenon requiring a
variety of strategies, measures and safeguards to redress
the situation.

(ix) Every citizen has a stake in protecting the rights

defined in the Constitution and the lawas and policies
framed to realise these rights.

(x) Without these, no one will ever be able able to protect

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Conclusion:

(i) There are different reasons for each of the communities being
marginalised, each experiences marginalisation in different ways.

(ii) Marginalistaion is often linked to experiencing disadvantage,

prejudice and powerlessness.

(iii) In India, there are several more marginalised communities like

Dalits.

(iv) Marginalisation results in having a low social status and not

having equal access to education and other resources.

(v) Marginalized communities want to maintain their cultural

distinctiveness while having access to rights, development and
other opportunities.

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1. Write in your own words two or more sentences of what you understand
by the word ‘marginalisation’ .

Answer A social process of being confined to lower social standing is

marginalisation. It involves people being denied their fundamental rights that
results in lowering their social and economical status. It is a situation when
a particular social group is forced to live on the fringes rather than in the
mainstream. A marginalized section of the society does not get proper
opportunity of socio-economic development.

2. List two reasons why Adivasis are becoming increasingly marginalised.

Answer Adivasis are being increasingly marginalised for the following two
reasons:

Changes in forest laws have deprived the Adivasis of access to forest

produce.

Construction of factories and other projects in tribal areas has forced many
tribal people to migrate to other places in search of a livelihood.
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3. Write one reason why you think the Constitution’s safeguards to
protect minority communities are very important?

Answer The safeguards to protect minority communities are necessary,

because the majority community may culturally dominate the minority
communities and the minority communities might become marginalised.

4. Re-read the section on Minorities and Marginalisation. What do you

understand by the term minority?

Answer Minority is the community that is numerically small in relation to

the rest of the population. A particular religious section, which has a low
percentage in population compared to the major religious community is
called a minority.

The constitution of India provides safeguards to linguistical and religious

minorities, as a part of its fundamental rights and ensures that minorities
do not face any disadvantage or discrimination. In India; Christians,
Sikhs, Muslims, etc. are included as a minority.
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5. You are participating in a debate where you have to provide
reasons to support the following statement: ‘Muslims are a
marginalised community’. Using the data provided in this
chapter, list two reasons that you would give.

Answer As per the data provided in the chapter, the literacy rate
of muslim population in India is only 59% which is the lowest
compared to 65% among Hindus, 70% among Sikhs, 73%
among Buddhists, 80% among Christians, and 94% among
Jains.

Also, only 3% of muslims represent the esteemed Indian

Administrative Service Cadre.

The above stats support that muslims are a marginalised

community in India.

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6. Imagine that you are watching the Republic Day
parade on TV with a friend and she remarks, “Look at
these tribal people. They look so exotic. And they seem
to be dancing all the time”. List three things that you
would tell her about the lives of Adivasis in India.

Answer Adivasis have a deep knowledge of forests.

They were hunters and gatherers and lived like nomads.
They practised shifting agriculture and have also
cultivated at a single place. Their deep knowledge of
forest made them indispensable to the rulers of various
empires during the pre-colonial period in india. They
have their own language and have influenced the
formation of various Indian languages, bengali being one
of them.
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7. Would you agree with the statement that economic
marginalisation and social marginalisation are interlinked? Why?

Answer Social marginalisation and economic marginalisation are

interlinked.

Social marginalization forces a social group out of the mainstream,

resulting in lack of opportunities for skill development and
education.

This means that the people from marginalized sections will not
have proper access to quality healthcare, which in turn means that
a child from the marginalized section does not develop into an
financially stable adult, who otherwise is capable enough to ensure
a better income.

Thus, the individual who is left behind in socio-economic

development, also become economically marginalized.
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 Class 8 NCERT Polity Chapter 8
Confronting Marginalisation
Dalit: The term Dalit means ‘broken’ or oppressed
socially and economically.

Confront: To come face to face or to challenge

someone or something. In the chapter, the word
refers to groups that challenge their marginalisation.

Policy: A well-planned course of action that provides

direction for the future, sets goals to be achieved or
lays out guidelines to be followed and acted upon.

Ostracise: To socially boycott an individual and his

family.
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Dispasses: To give up ownership or authority.

Morally reprehensible: An act that violates all

norms of decency and dignity that society believes
in.

Assertive: An individual or a group that expresses

themselves and their views strongly.

Manual Scavenging: It refers to the manual

practice of removing human and animal waste or
excreta with the help of brooms, tin plates and
baskets from dry latrines and carrying it on the head
to disposal grounds.
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Marginalisation is the process whereby something or someone is pushed to
the edge of a group and accorded lesser importance. This is predominantly a
social phenomenon by which a minority or sub-group is excluded, and their
needs or desires ignored.
Invoking Fundamental Rights:
• Fundamental Rights are the basic rights given to every individual of a
nation which every person is entitled to have being a human.
• Fundamental Rights are enshrined in the constitution and has been
inspires from American constitution.
• The Fundamental Constitutional Rights are equally available to all
Indians including marginalised groups.
• Adivasis, Dalits, Muslims, women and other marginal groups argue that
simply by being citizens of a democratic country, they possess equal
rights that must be respected.
• Many among them look up to the Constitution to address their concerns.
• By insisting on their Fundamental Rights, they have drawn on these
rights in two ways:
• Forced the government to recognize the injustice done to them.
• They have insisted that the government should enforce these laws.
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• The struggles of the marginalized groups have influenced
the government to frame new laws, in keeping with the
spirit of the Fundamental Rights.
• Article 17 of the Constitution states that untouchability has
been abolished.
• This means that no one can henceforth prevent Dalit from
educating themselves, entering temples, using public
facilities, etc.
• Article 15 of the Constitution states that no citizen of India
shall be discriminated on the basis of religion, race, caste,
sex or place of birth. This has been used by Dalits to seek
equality where it has been denied to them.
• Various other provisions under constitution prohibit the
exploitation faced by marginalised.
• Time to time, the marginalised and minority has raised their
voices and asked for equal and just treatment.
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Laws for the Marginalised Groups:
• There are specific laws and policies for the marginalized groups in our
country.
• The government makes an effort to promote such policies to give
opportunities to specific groups.
• The government tries to promote social justice by providing for free or
subsidized hostels for the students of Dalit and Adivasi communities.
• The reservation policy is significant and highly contentious.
• The laws which reserve seats in education and government employment for
Dalits and Adivasis are based or an important argument that in a society
like ours, where for centuries sections of the population have been denied
opportunities to learn and to work in order to develop new skills or assist
these sections.
• Governments across India have their list of Scheduled Castes or Dalits,
Scheduled Tribes and backward and most backward castes. The central
government too has its list.
• Students applying to educational institutions and those applying for posts in
government are expected to furnish proof of their caste or tribe status, in
the form of caste and tribe certificates.
• Different kind of scholarship programmes are also run by governments.
• Laws related to wages, cultural rights, educational rights, and rights against
exploitation have been formed for Marginalised groups. Instagram
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Protecting the Rights of Dalits and Adivasis:
• Our country has specific laws that guard against the
discrimination and exploitation of marginalized communities.
• The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act was framed in 1989 to protect Dalits and Adivasis
against the domination and violence of the powerful castes.
• A number of assertive Dalit groups came into being and
asserted their rights-they refused to perform their so-called
caste duties and insisted on being treated equally.
• In the 1970’s and 1980’s, Adivasi people successfully organised
themselves and demanded equal rights and for their land
resources to be returned to them.
• This Act distinguishes several levels of crimes.
• It lists-modes of humiliation that are both physically horrific and
morally reprehensible.
• Actions that disposes Dalits and Adivasis of their meagre
resources or which force them into performing slave labour.
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• Crime against Dalit and tribal women are of a specific kind and
therefore seeks to penalise who use force on these women.
• Manual scavenging refers to the practice of removing human
and animal water/excreta using brooms, tin plates and baskets
from dry latrines and carrying it on the head to the disposal
ground some distance away.
• In 1993, the government passed the Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act.
This law prohibits the employment of manual scavengers as
well as the construction of Dry latrines.
• We still notice instances of atrocities against Dalits, minorities
and lower section of society. this situation really needs to be
taken care of by implementing the laws made by government.
• The recent deaths of sewage workers put a horrific picture in
front of administration and make us to think that in this
advanced era of technology we have to depend on manual
scavenging.
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Adivasis Demands and The 1989 Act :
• The 1989 Act is important because Adivasi refer to it to
defend their right to occupy land that was traditionally
theirs.
• Adivasis often unwilling to move from their land, are forcibly
displaces.
• This act merely confirms that the land belonging to the tribal
people cannot be sold to or bought by non-tribal people.
• Adivasis demands for their tribal rights to be preserved and
their forest rights to be conserever which they had inherited.
• Adivasis always wanted that their culture and primitive
methods of living should not changed and they should have
previlage to live their own.
• By formulating Acts Indian government tried to stop
exploitation of tribals in the hands of forest official as well.
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1. List two Fundamental Rights in the Constitution that Dalits can
draw upon to insist that they be treated with dignity and as
equals. Re-read the Fundamental Rights listed on page 14 to
help you answer this question.

Answer The two fundamental rights that Dalits can draw upon to
insist that they be treated with dignity and as equals are:

Right to Equality: All persons are equal before the law. No citizen
can be discriminated against on the basis of his or her
socioeconomic background, caste, religion etc. Every person has
equal right of access to all public places.

Right to Freedom: This includes the right to freedom of speech

and expression, the right to move freely, the right to form
associations, the right to reside in any part of the country and the
right to practise any kind of profession, occupation or business.
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2. Re-read the story on Rathnam as well as the
provisions of the 1989 Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
Now list one reason why you think he used this
law to file a complaint.

Answer The Scheduled Castes and the

Scheduled Tribes Prevention of Atrocities Act,
1989 seeks to punish those who humiliate or ill-
treat the member of dalit or tribal groups.
Rathnam sought the support of law, filing his
complaint under the above Act to seek protection
against the domination and violence of the
powerful castes in his village. Instagram
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3. Why do Adivasi activists, including C.K. Janu, believe
that Adivasis can also use this 1989 Act to fight against
dispossession? Is there anything specific in the
provisions of the Act that allows her to believe this?

Answer The Adivasi activists, including C.K. Janu,

believe that Adivasis can use the 1989 Act to fight
against dispossession because this Act guarantees the
tribals not to be dispossessed from the land resources
forcibly. They  specifically pointed out that this Act
merely confirms what has already been promised to the
tribal people in the Constitution that the land owned by
any tribal people cannot be sold to or bought by non-
tribal people. In cases where this has happened, the
constitution also guarantees that the right of the tribal
people to repossess their land. Instagram
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 Class 8 NCERT Polity Chapter 9
Public Facilities
Public facilities: They are associated with our basic
needs such as water, electricity, public transport, etc.

Universal access: Universal access is achieved when

everyone has physical access to a good condition or
can also afford it.

Sanitation: Provision of facilities for the safe disposal

of human urine and feces.

Company: A company is a form of business set up by

people or by the government.

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Public facilities are the facilities provided to the people by the
government. They are important to sustain and lead a
comfortable life.
Water and the People of Chennai:
• Mr. Ramgopal lives in Anna Nagar, Chennai. This area
looks lush and green with lawns maintained by generous
spraying of water.
• Likewise, in an apartment where Mr.Subramaniam lives
water supply is inadequate. They have to spend Rs
500-600 per month to buy water.
• Siva lives in Madipakkam, Chennai. She gets water once in
4 days. For drinking, she buys bottled water.
• Water as a public utility is available in different quantity to
different people.
• Safe drinking water comes under the fundamental right of
an individual and it is the responsibility of government ot
avail it to its citizens. Instagram
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Water as Part of the Fundamental Rights to Life:
• Water is essential for life and for good health.
• India has one of the largest numbers of causes of
water-related diseases such as diarrhea, dysentery,
cholera. More than 1600 Indians, mostly children below
the age of five die every day because of water-related
diseases.
• The Constitution of India recognizes the right to water
as being a part of the Right to Life under Article 21.
That means there should be “universal access” to
water.
• The High Courts and Supreme Court have held that the
right to safe drinking water is a Fundamental Right.
• Verdicts given by courts make it as the responsibility of
government to ensure the supply of fresh drinking
water. Instagram
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Public Facilities:
Things like electricity, public transport, schools,
and colleges, etc.which are necessary for
survival are known as public facilities.

Public facilities are provided so that its benefits

can be shared by many people.

This is the responsibility of government to

make public facilities available to every
individual and no one should be discriminated
just on the basis of social or economic division.

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The Government’s Role:
• One of the most important functions of the government is to
ensure that these public facilities are made available to
everyone:
• Making provision for education & setting up of schools &
colleges.
• Improving health & sanitation facilities.
• Ensuring equal distribution of food throughout the country.
• Improving the means of transport
• Maintenance of public utility works like post offices,
railways and roads
• Private companies operate for profit in the market. Public
facilities are related to people’s basic needs.
• The main source of revenue for the government is the taxes
collected from the people and the government is empowered
to collect these taxes and use them for such programmes.
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• For instance, to supply water, the government has to incur
costs in pumping water, carrying it over long distances,
laying down pipes for its distribution, treating the water for
impurities and finally collecting and treating wastewater.
• It meets these expenses partly from the various taxes that it
collects and partly by charging a price for water. This price is
set so that most people can afford a certain minimum
amount of water for daily use.
• One of the most important tasks of government is to ensure
the availability of resources to everyone.
• By making the administration strict and effectively
implementing the schemes government can help
underprivilaged.
• The government by utilising the revenue collected in better
social schemes and using the resources in better manner
can ensure the well being to maximum of the population.
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Water supply to Chennai: is it Available to All:
• Water supply in Chennai is marked by shortage. Municipal supply
meets only about half the needs of the people of the city, on an
average.
• The burden of shortfalls in water supply falls mostly on the poor.
• In search of Alternatives, the scenario of shortage and acute crisis
during the summer months is common to other cities of India.
• A shortage of municipal water is often taken as a sign of failure of
the government.
• Throughout the world, water supply is the responsibility of the
government. There are very few instances of private water supply.
• In this era of industrialisation, water pollution has become a major
problem.
• To avail the clean drinking water to a large population can be
done through the technology advancement which needs
investment by the government.

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Conclusion:
• Public facilities are related to our basic needs and the
Indian Constitution has recognised the right to water,
health, education, etc. as being a part of the Right to
Life.
• The major role of the government is to ensure
adequate public facilities for everyone.
• Public facilities provided to everyone give rise to better
living indices and help any country to get recognised at
international level in terms of development.
• The success of any government is also acknowledged
through the facilities and basic needs provided to all
the individuals.
• These facilities finally become the building blocks of
the development of a nation.
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1. Why do you think there are so few cases of private
water supply in the world?

Answer: Water is a basic necessity. Hence, universal

access to safe drinking water is necessary for a standard
quality of life. It needs to be provided to everyone – either
free of charge or at affordable rates. But, as private
companies work towards the singular goal of maximizing
profits, there was a steep rise in the price of water in cases
where the responsibility for water supply was handed over
to private companies. This made water unaffordable for
many. Cities saw huge protests with riots breaking out at
various places. This forced the government to take back
the service from private hands. Therefore, only a few cases
of private water supply exists in the world.

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2. Do you think water in Chennai is available to and affordable by
all? Discuss.

Answer: Water is not equally available to all citizens in Chennai.

Water in Chennai is supplied by the municipality, which fails to
meet the demand 100%.

Some areas get regular water supply, while many areas get erratic
supply of water. People from the middle class and upper class
buy packaged drinking water or water from tankers.

The burden of water supply shortage falls mostly on the poor, as

they cannot afford the expense of tanker or packaged water.
Those who live close to the storage points get more water, while
colonies further away receive less supply.

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3. How is the sale of water by farmers to water dealers in
Chennai affecting the local people? Do you think local people
can object to such exploitation of groundwater? Can the
government do anything in this regard?

Answer: Due to the shortage of water, private companies have

got an opportunity and are selling water to cities by buying it
from places around the city. In Chennai, water is taken from
nearby towns like, Karungizhi Palur and Mamandur villages to
the north of the city, using a fleet of over 13,000 water tankers.
Every month, the water dealers pay an advance to farmers for
the rights to exploit water sources on their land. This way, the
water that is taken away is not just creating a deficit for
agriculture purpose but also increasing the shortage of drinking
water supplies in the villagers. As a result, the level of ground
water has dropped drastically in all these towns and villages.

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4. Why are most of the private hospitals and
private schools located in major cities and
not in towns or rural areas?

Answer Most of the private schools and

hospitals are located in the cities, rather than
in towns or villages. Because their sole
motive is maximum profit, the services they
offer are costly and are affordable only by the
affluent dwellers in the city.

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5. Do you think the distribution of public facilities in our country is adequate
and fair? Give an example of your own to explain.

Answer While there is no doubt that public facilities should be made available
to all, in reality, we see that there is a great shortage of such facilities. The
distribution of public facilities in our country is neither adequate nor fair. For
example, the Delhites avail all public facilities like healthcare and sanitation,
water, electricity, schools, colleges and public transport.

But if we go to places a few kilometers away such as Mathura or Aligarh,

people have to face grave crises for these facilities. Water shortages and
Electricity cut-offs are part of the normal routine of life in those places. Public
transport is also not properly developed.

Compared to the metros and large cities, towns and villages are under-
provided. Compared to wealthy localities, the poorer localities are under-
serviced.

Handing over these facilities to private companies is not an answer. The

important fact is that every citizen of the country has a right to these facilities,
which should be provided to all in an equitable manner. Instagram
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6. Private educational institutions – schools, colleges, universities,
technical and vocational training institutes are coming up in our
country in a big way. On the other hand, educational institutes run
by the government are becoming relatively less important. What
do you think would be the impact of this? Discuss.

Answer Education is a basic need and there should be universal

access to education. But, as the main motive of private education
institutes is earning profits, they charge high fees which are
affordable only by the affluent section of the society. Thus, the
right to quality education is only fulfilled for the rich class. Similarly,
if government education institutes are not up to the mark, then
weaker sections are again deprived of quality education. This, in
turn, results in the disparity of quality education between the rich
and the poor.

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