UNIT-I:
INTRODUCTION
Fundamental rights and duties
Fundamental Rights and the Indian Constitution
The Fundamental Rights in India enshrined in Part III of the Indian
Constitution protect civil rights so that all Indians can live peacefully
and harmoniously as citizens of India.
The Fundamental Rights are defined as basic human freedoms that
every Indian citizen has the right to enjoy in order to develop their
individuality properly and harmoniously.
The rights derive from a variety of sources, including England's Bill of
Rights, the United States Bill of Rights, and France's Declaration of
Human Rights.
Fundamental Rights are covered in Articles 12-35 of the Indian
Constitution.
Fundamental Rights
Right to Equality (Articles 14–18)
The right to equality ensures equal rights for all people, regardless of
religion, gender, caste, ethnicity, or place of birth.
It guarantees equitable job chances in the government and protects
against state discrimination in employment on the grounds of caste,
religion, and so on.
This right encompasses the eradication of titles as well as the right
to be untouchable.
Right to Freedom (Articles 19–22)
Freedom of Speech
Freedom of Expression
Freedom of Assembly without Arms
Freedom of Association
Freedom of Practice Any Profession
Freedom to Reside in Any Part of the Country
Right against Exploitation (Articles 23–24)
This right implies a prohibition on human trafficking, slavery, and
other types of forced labor.
It also means a ban on youngsters working in manufacturing, among
other things.
The employment of minors under the age of 14 in dangerous
situations is prohibited by the Constitution.
Right to Freedom of Religion (Articles 25–28)
This indicates the secular nature of the Indian government.
All religions are treated with equal respect.
There is religious freedom in terms of profession, practice, and
dissemination. There is no official religion in the state.
Everyone has the freedom to freely exercise their beliefs and to
create and sustain religious and philanthropic organisations.
Cultural and Educational Rights
(Articles 29-30)
These rights protect religious, cultural, and linguistic minorities' rights
by allowing them to retain their legacy and tradition.
Educational rights are intended to provide equal access to education
for everyone.
Right to Constitutional Remedies (Articles 32)
If citizens' basic rights are infringed, the Constitution provides remedies. The
government cannot violate or limit anyone's rights.
When these rights are violated, the offended person may seek redress in court.
Citizens can even go straight to the Supreme Court, which has the authority to
issue writs upholding basic rights.
The right to constitutional remedies is regarded as the most essential basic
right since it assures the protection of our fundamental rights.
Fundamental Duties
India is a country where people belonging to different castes, creed,
religion etc. live together.
In order to maintain peace and harmony and to encourage the
feeling of brotherhood the fundamental duties on their part plays a
vital role.
It reminds the citizens that rights and duties go hand in hand.
There are 11 fundamental duties laid by Indian constitution.
The Swaran Singh Committee took the initiative and proposed the
inclusion of the basic responsibilities of Indian citizens to act as
responsible members of the nation.
the 42nd constitutional amendment act of 1976
Article 51A of the Indian Constitution
The basic obligations imposed by the 42nd Amendment Act of the
Constitution in 1976, in addition to producing and fostering culture,
enhance the legislative hand in implementing these duties in relation to the
fundamental duties.
Art. 51 A (a)
To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
Art. 51 A (b)
To cherish and follow the noble ideals which inspired our national struggle
for freedom.
Art. 51 A (c)
To uphold and protect the sovereignty, unity, and integrity of India.
Art. 51 A (d)
To defend the country and render national services when called upon to do
so.
Article 51A of the Indian Constitution
Art. 51 A (e)
To promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic, and regional
or sectional diversities; to renounce practices derogatory to the
dignity of women.
Art. 51 A (f)
To value and preserve the rich heritage of our composite culture.
Art. 51 A (g)
To value, protect and improve the natural environment including
forests, lakes, rivers, and wildlife, and to have compassion for living
creatures.
Art. 51 A (h)
To develop the scientific temper, humanism, and spirit of inquiry and
reform.
Article 51A of the Indian Constitution
Art. 51 A (i)
To safeguard public property and to abjure violence.
Art. 51 A (j)
To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of
endeavor and achievement.
Art. 51 A (k)
Duty of the parent or guardian to provide opportunities for education
to his child, as the case may be, between the age of six and fourteen
years (added by 86th Amendment Act, 2002).
Characteristics of Fundamental Duties
Disposition of Fundamental Duties − Typically, the duties
enshrined in the Constitution are moral and civic responsibilities or
commitments made by citizens in the country, and they are legally
non-binding.
Range of Fundamental Duties − These duties apply solely to
Indian nationals and do not apply to outsiders visiting or living in
India.
Non-defendable in the Courts of Law − The Indian Constitution
makes no mention of any absolute implementation of these
obligations by the courts. As a result, they are not justiciable in courts
of law.
Association with traditions − Fundamental duties are related to
Hindu traditions and myths, such as repaying respect to the country
and promoting a sense of camaraderie and peace.