Model Answer
0 min readIntroduction
The concept of rights is central to modern liberal democracies, guaranteeing individuals certain freedoms and protections against state overreach. However, the exercise of these rights is not absolute. The question of whether rights necessitate accountability to the State is a complex one, rooted in the philosophical debate surrounding the social contract. In the Indian context, enshrined in the Constitution, fundamental rights are coupled with fundamental duties (added by the 86th Amendment Act, 2002). Recent instances of protests, judicial interventions, and legislative changes concerning rights – such as the debates surrounding the Citizenship Amendment Act (CAA) and the revocation of Article 370 – highlight the ongoing tension between individual liberties and state authority, making this question particularly relevant.
The Philosophical Basis of Rights and Accountability
Historically, the idea of rights emerged as a limitation on the power of the sovereign. Thinkers like John Locke posited that individuals possess inherent rights – life, liberty, and property – that governments cannot legitimately infringe upon. However, Locke also argued for a social contract, where individuals consent to be governed in exchange for the protection of these rights. This implies a reciprocal relationship: rights are enjoyed *within* a framework of laws and governance, and therefore, citizens have a responsibility to abide by those laws. Jean-Jacques Rousseau further elaborated on this, emphasizing the ‘general will’ and the citizen’s duty to participate in shaping the laws they are subject to.
Rights and Accountability in the Indian Constitutional Framework
The Indian Constitution guarantees a comprehensive set of fundamental rights (Articles 14-32), including equality before the law, freedom of speech and expression, and the right to life and personal liberty. However, these rights are subject to reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or the prevention of defamation. (Article 19(2)-(6)).
The inclusion of Fundamental Duties (Article 51A) in 2002 explicitly acknowledges the reciprocal relationship between rights and duties. These duties include respecting the Constitution, cherishing and following the nation’s rich heritage, protecting public property, and promoting harmony among citizens. While these duties are not legally enforceable in the same way as fundamental rights, they serve as moral obligations and can be invoked by courts when interpreting laws.
Manifestations of Accountability to the State in India
- Legal Accountability: Citizens are accountable to the state through adherence to laws enacted by Parliament and State Legislatures. Violations of these laws result in legal consequences, including fines, imprisonment, and other penalties.
- Civic Responsibilities: Paying taxes, participating in the democratic process (voting), and respecting public property are examples of civic responsibilities that contribute to the functioning of the state.
- Constitutional Morality: The Supreme Court has increasingly emphasized the concept of ‘constitutional morality’, which requires citizens to act in a manner consistent with the values and principles enshrined in the Constitution.
- National Security Concerns: In situations involving national security, the state may impose restrictions on certain rights, requiring citizens to cooperate with law enforcement agencies and abide by security measures.
Challenges and Contemporary Issues
The relationship between rights and accountability is often fraught with tension in the Indian context. Several contemporary issues illustrate this:
- Protests and Civil Disobedience: Large-scale protests, such as those against the CAA and the farm laws, often involve the assertion of rights to freedom of speech and assembly. However, these protests can also challenge state authority and raise questions about the limits of civil disobedience.
- Digital Rights and Surveillance: The increasing use of digital technologies by the state raises concerns about privacy and surveillance. The debate over data protection laws and the use of facial recognition technology highlights the need to balance national security concerns with the protection of individual rights.
- Judicial Activism and State Response: The judiciary has played an active role in protecting fundamental rights, often intervening to strike down laws or policies that violate constitutional principles. This has sometimes led to friction between the judiciary and the executive.
- Misinformation and Hate Speech: The proliferation of misinformation and hate speech online poses a challenge to the exercise of freedom of speech and expression. The state faces the difficult task of regulating online content without infringing on fundamental rights.
| Right | Corresponding Accountability/Restriction |
|---|---|
| Freedom of Speech & Expression (Art. 19(1)(a)) | Restrictions on grounds of sovereignty, integrity, security, defamation, incitement to violence (Art. 19(2)) |
| Right to Life & Personal Liberty (Art. 21) | Procedural safeguards under Criminal Procedure Code; restrictions during public emergencies |
| Right to Equality (Art. 14) | Reasonable classification; affirmative action policies |
Conclusion
In conclusion, while rights are fundamental to a just and democratic society, they do not exist in a vacuum. The exercise of rights inherently implies a degree of accountability to the state, stemming from the social contract and the need for a functioning legal and political order. In the Indian context, this accountability is manifested through legal obligations, civic responsibilities, and constitutional morality. However, maintaining a delicate balance between protecting individual liberties and ensuring state authority remains a constant challenge, particularly in the face of evolving social and technological landscapes. A robust and independent judiciary, coupled with an informed and engaged citizenry, is crucial for navigating this complex relationship and upholding the principles of a rights-based democracy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.