Home BCA/BTech JEE RAS RSCIT Blogs
Switch Language हिन्दी
RAS (RPSC) 8 min read

LEGAL RIGHTS

                               Legal Rights


  • Those rights which are provided to the common man by the Legislature. (Parliament or State Legislature).

Rights provided to citizens in India and Rajasthan are as follows-

1.Provided by Constitution-

  • Right to Property - Art. 300(A)

  • Right to Vote - Art. 326

  • Free Legal Aid - Art. 39A

Passed by Parliament-

  1. Maternity Benefit Act - 1961

  2. Medical Termination of Pregnancy Act - 1971

  3. Equal Remuneration Act - 1976

  4. Dowry Prohibition (Bride-Groom Gift List) Act - 1985

  5. Consumer Protection Act 1986 (Amended in 2019)

  6. Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act - 1994

  7. Right to Information Act - 2005 (Implemented 2005)

  8. Mahatma Gandhi National Rural Employment Guarantee Act - 2005

  9. Protection of Women from Domestic Violence Act - 2005

  10. Maintenance and Welfare of Parents and Senior Citizens Act - 2007

  11. Right of Children to Free and Compulsory Education Act - 2009

  12. National Food Security Act - 2013

  13. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act - 2013

  14. Intellectual Property Rights - Indian Patent Act - 1970

  15. Dowry Prohibition Act - 1961


Comparision Between Acts passed by Rajasthan Government-

Rajasthan Public Service Guarantee Act

Rajasthan Public Hearing Right Act, 2012

  • Governor's Assent - 21 Sep 2011

  • Governor's Assent - 21 May 2012

  • Implementation in Rajasthan - 14 Nov 2011

  • Implementation in Rajasthan - 1 Aug 2012

Features / Provisions

Features / Provisions

(1) This is an extension of Citizen Charter.

(1) This is an extension of Citizen Charter.

(2) Implementing Department of this law - Administrative Reforms Department (ARD).

(2) Implementing Department of this law - Administrative Reforms Department (ARD).



(3) Objective - Delivery of public services in a fixed time period.

(Current - 24 Departments, 306 Services).

(3) Objective - Timebound disposal of public grievances.

(4) Appellant can appeal to First Appellate Officer in 30 days.

(Disposal in 21 days).

Government holidays are not included in the calculation of time period.

(4) Under this, provision of Public Hearing Officer has been made who will dispose of the complaint or appeal in 15 days.

(5) Appellant can appeal to Second Appellate Officer in 60 days against the decision of First Appellate Officer.

(5) Appeal can be made to First Appellate Officer in 30 days against the decision of Public Hearing Officer.

(6) Both First and Second Appellate Officers have powers under CPC-1908 -

(i) To issue notice to public servant.

(ii) To summon public servant for testimony/evidence.

(iii) To record statements of public servant on affidavit.

(6) Appeal can be made to Second Appellate Officer in 30 days against the decision of First Appellate Officer.

(7) Both First and Second Appellate Officers have various powers under Civil Procedure Code-1908 -


(iv) To call for documents from government offices.

(i) To issue notice to public servant.

(ii) To summon public servant for testimony/evidence.

(iii) To record statements of public servant on affidavit.

(iv) To call for documents from government offices.

(7) Penalty Provisions -

(a) Delay in services - 250 - 5000 (Maximum per day).

(b) On refusal to provide service - 500 - 5000 (Per day).

(8) Penalty Provisions -

(a) 500 - 5000 (Maximum per day).

(8) Public servant will appeal against the decision of Second Appellate Officer in that authority which is determined by the State Government.

(9) Public servant will appeal against the decision of Second Appellate Officer in that authority which is determined by the State Government.

(9) Jurisdiction or authority of Court has been barred.

(10) Jurisdiction or authority of Court has been barred.



10. First and Second Appellate Officers can accept appeal even after the time period of appealing, provided the appellant has sufficient cause.

11. Government has made various provisions for the publicity of this law -

(i) Information and Facilitation Center.

(ii) Publicity through Help desk.

(iii) Formation of various committees for hearing public grievances like -

(i) District Level Public Grievance and Vigilance Committee - Chairman = DM.

(ii) Sub-division Level Public Grievance and Vigilance Committee - Chairman = SDO.

11. Second Appellate Officer can impose fine against First Appellate Officer also.

13. First and Second Appellate Officers can accept appeal even after the time period of appealing, provided the appellant has sufficient cause.

12. Second Appellate Officer can also recommend disciplinary action to the State Government against Public Servant and First Appellate Officer.

13. Fine can be given to the Appellant.

14. Appeal can be made to Commission in 60 days against Second Appellate Officer, which will be made by State Government.

15. Fee is not payable to First and Second Officer.

15. Power to make rules to implement this act is with State Government.


  • Power to make rules to implement this act is with State Government.

NOTE:- Definition of Public Authority in both Acts -

Public Authority means State Government and its departments and includes any authority or body or institution established by or under any law made by State Legislature and owned, controlled / directly or indirectly substantially financed by funds provided by it.


# Importance of both laws -

(1) Legal rights were provided to the common man. (2) Increase in Public Awareness. (3) Accountability of public servants is ensured. (4) Increase in Transparency. (5) Reduction in Corruption. (6) Effective solution of Public Grievances. (7) Increasing trust of public in Public Administration.

# Shortcomings of both laws

(1) Complex terminology of both laws. 

(2) Lack of public awareness in common man. 

(3) Vacant posts of First and Second Appellate Officers.

(4) Normal provisions of Fines (Maximum 5000).

(5) Time limit for disposal of appeal for Second Appellate Officer is not fixed.

(6) Barring the jurisdiction of Judiciary.

# Suggestions

(1) Terminology of laws should be simple.

(2) Laws should be reached to people in local language.

(3) Posts of First and Second Appellate Officers should not be kept vacant.

(4) Provisions of Fines should be strict.

(5) Judiciary should be constituted which only hears these laws.

(6) Special provisions should be made for quick disposal of appeals.

In this Chapter

LEGAL RIGHTS
No other notes in this chapter.