Fundamental Rights and Duties

<–2/”>a >The Indian constitution originally provided 7 categories of Fundamental Rights. But one fundamental right, that to property was removed from the list of fundamental rights by 44th amendment. Right to Property now is an ordinary legal right. Thus there are now 6 categories of fundamental rights. These are:

Table of Contents

(1) Right to Equality (Arts. 14-18).

In this category there are five rights

Equality Before Law:- Equality before law is well defined under the ARTICLE 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. In other words, this means that no person or groups of people can demand for any special privileges. This right not only applies to the citizens of India but also to all the people within the territory of India. Equality means that equals should be treated equally.
Abolition Of Discrimination On Grounds Of Caste, Race, Sex Or Religion:- The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for Women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.
Equality in public EMPLOYMENT, Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area. Apart from this, the State may also set aside some posts for members of backward classes, scheduled castes or scheduled tribes which are not properly represented in the Services under the State to uplift the weaker sections of the Society. Also, a law may be passed which may entail that the holder of an office of any religious institution shall also be a person professing that specific religion. Though, this right shall not be granted to the overseas citizens of India as directed by the Citizenship-2/”>Citizenship (Amendment) Bill, 2003.
Abolition of Untouchability, Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank.
Abolition of Titles. Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan Bahadurs given by the British government have also been abolished. Nevertheless, academic and military distinctions can be conferred upon the citizens of India. The Awards of ‘Bharat Ratna’ and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the Constitution of India. From 15 December 1995, The Supreme Court has sustained the validity of such awards

(2) Rights to freedom.

(Arts. 19-22) these now include six freedoms-

Freedoms of speech and expression,
Freedom of Assembly without arms of association,
Freedom of Movement,
Freedom of residence and
Freedom of profession oroccupation.

Each one of these six freedoms is subject to some restrictions. For rights can never be absolute. Individual rights must be reconciled with the interests of the community. It is logical that equal rights for all must mean limited rights for any. Hence, the state may impose ‘reasonable restrictions’ upon the exercise of any of these rights.

Restrictions

Firstly, the state may impose restrictions on the exercise of the right to freedom of speech and expression on eight grounds. These are:

defamation,
Contempt of Court,
decency or morality,
security of the state,
friendly relations with other states,
incitement of offence and,
Sovereignty and
Integrity of India.

Secondly, the freedom to assemble is subject to two restrictions. The assembly must be peaceable and the members of assembly must not bear arms. However the Sikhs are allowed to carry ‘Kirpan’ as part of their religious creed. In the U.S.A. right to bear arms is fundamental right. In India, this right is denied in the interest of public order.

Thirdly, the right to form associations or unions does not entitle persons to enter into criminal conspiracy either against individuals, groups or against the state.

Fourthly, the right to move freely or to reside and settle in any part of India, does not cover trespass into homes or restricted areas. State also may restrict this freedom to protect the aboriginal tribes.

Finally, the right to practice any profession or to carry on any occupation, trade or business are also subject to reasonable restrictions. Thus professions or, trade or, business must not be harmful to the interest of the community. The state may also prescribe qualifications for particular profession or, technical occupation. The state may itself carry on trade or business to the exclusion of citizens.

Power of Courts to enforce freedom of citizens of India

Every Indian citizen has the power to move the High Court or the Supreme Court for protecting and securing his personal freedom. The Courts are empowered to issue writs in the nature of Habeas Corpus. The courts can order the presence of detained or imprisoned person and set him free in case there is no legal justification for his detainment or imprisonment.

Rights to Freedom during National Emergency

The rights to freedom under Article 19 of Indian constitution are suspended during the period of National Emergency declared by the President of India.

Further, during the period when the National emergency is in operation, the President is empowered to suspend the right of citizens to move the Supreme Court for the enforcement of their personal freedom.

Conclusion

Each one of the fundamental freedoms guaranteed by the constitution of India is hedged by many restrictions. They are not absolute. This led to the criticism that Indian freedom is a myth and not reality for what has been given with one hand has been taken away with the other.

This criticism is unfair. For fundamental rights can nowhere be absolute. For logically, one can be absolutely free only when all others are absolute, slaves Individual freedom to be real must be social and hence must be limited.

There is a difference in the scheme of limitations on fundamental rights in the U.S. constitution and in the constitution of India. In the U.S.A. the restrictions are not mentioned in the constitution itself. This is left to judicial interpretations. In India on the other hand, the restrictions are mentioned in the constitution itself. It is not left to the vagaries of judicial interpretation.

On the whole fundamental rights everywhere are restricted or, limited. As Mr. Justice Mukherji observed in A. K. Gopalan vs. State of Madras case” There cannot be any such thing as absolute or uncontrolled Liberty wholly freed from restraints.”

These freedoms are however not without limitations.

(3) Rights against exploitation (Arts. 24 and 25)

Include Prohibition of traffic in human beings and prohibition of Child Labour.

(4) Rights to freedom of religion (Arts. 25-28)

Include freedom of conscience and freedom of religion. Citizens are free to profess and practice any religion. These provisions make India A Secular State.

(5) Cultural and Educational rights (Arts. 29-30)

Include right to protection of language, script and culture given to the minorities. The minorities are also given the right to establish and administer educational institutions of their own.

(6) Right to constitutional remedies (Arts. 32-35)

Provides for enforcement of fundamental rights through the judicial process.Dr BR Ambedkar expressed it to be the heart and soal of Indian constitution.

Thus the constitution contains an elaborate scheme of fundamental rights. But the fundamental rights in India are not absolute. They are hedged by many limitations. Indeed, fundamental rights cannot be absolute anywhere in the world. Countries differ only in their degree of limitations on fundamental rights.

Part IV-A was added by the 42nd amendment act, 1976. It encompasses Part IV, Article 51A enumerating Ten Fundamental Duties of the Citizens of India.

There is no provision in the Constitution for direct enforcement of any of these Duties nor for any sanction to prevent their violation.But it may be expected that in determining the Constitutionality of any law, if a Court finds that it seeks to give effect to any of these duties, it may consider such law to ‘be reasonable’ in relation to Article 14 or 19, and thus save such law from unconstitutionality.,

The Indian Constitution guarantees certain fundamental rights to all citizens of India. These rights are enshrined in Part III of the Constitution and are considered to be the basic rights of every citizen. The fundamental rights are:

Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
Fundamental Duties

The Right to Equality is guaranteed by Article 14 of the Constitution. This right ensures that all persons are equal before the law and are entitled to equal protection of the laws. The State cannot discriminate against any person on the grounds of religion, race, caste, sex, place of birth or any of them.

The Right to Freedom is guaranteed by Articles 19 to 22 of the Constitution. These rights include the right to freedom of speech and expression, the right to assemble peaceably and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, the right to reside and settle in any part of the territory of India, the right to practice any profession, or to carry on any occupation, trade or business, and the right to freedom of religion.

The Right against Exploitation is guaranteed by Articles 23 and 24 of the Constitution. These rights prohibit traffic in human beings and forced labour, and provide for the protection of children from being employed in hazardous occupations.

The Right to Freedom of Religion is guaranteed by Article 25 to 28 of the Constitution. These rights include the right to freedom of conscience and the right to freely profess, practice and propagate religion. The State cannot compel any person to pay any taxes for the promotion of any particular religion.

Cultural and Educational Rights are guaranteed by Articles 29 and 30 of the Constitution. These rights include the right to conserve one’s language, script and culture, and the right to establish and administer educational institutions.

The Right to Constitutional Remedies is guaranteed by Article 32 of the Constitution. This right provides for the enforcement of the fundamental rights by means of a Writ Petition filed in the Supreme Court.

Fundamental Duties are the moral obligations that every citizen of India is expected to uphold. These duties are enshrined in Part IV-A of the Constitution and are as follows:

To abide by the Constitution and respect its ideals and institutions
To uphold the sovereignty and integrity of India
To defend the country and render national service when called upon to do so
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
To value and preserve the rich heritage of our composite culture
To protect and improve the natural Environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
To develop scientific temper, humanism and the spirit of inquiry and reform
To safeguard public property and to abjure violence
To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

The fundamental rights and fundamental duties are the basic pillars of the Indian Constitution. They are essential for the maintenance of a just, fair and egalitarian society. It is the duty of every citizen to uphold these rights and duties.

Here are some frequently asked questions and short answers about the following topics:

What is the meaning of life?

The meaning of life is a question that has been asked by philosophers and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: to find happiness, to make a difference in the world, to learn and grow, and to connect with others.

What is the purpose of life?

The purpose of life is another question that has been pondered by many people. Some possible answers include: to serve God, to help others, to create something beautiful, and to leave a legacy.

What is the difference between right and wrong?

Right and wrong are often defined by religious beliefs, cultural norms, or personal values. However, there are some universal principles that most people agree on, such as the importance of respecting others, telling the truth, and helping those in need.

What is the nature of reality?

The nature of reality is a question that has been debated by philosophers and scientists for centuries. There is no one answer that everyone agrees on, but some possible answers include: that reality is objective and exists independently of our minds, that reality is subjective and is created by our minds, and that reality is a combination of both objective and subjective Elements.

What is the relationship between mind and body?

The relationship between mind and body is another question that has been debated by philosophers and scientists for centuries. There is no one answer that everyone agrees on, but some possible answers include: that the mind and body are two separate entities, that the mind is a product of the body, and that the mind and body are one and the same.

What is the nature of consciousness?

The nature of consciousness is a question that has been pondered by philosophers and scientists for centuries. There is no one answer that everyone agrees on, but some possible answers include: that consciousness is a product of the brain, that consciousness is a fundamental property of the universe, and that consciousness is a mystery that we may never fully understand.

What is the meaning of death?

The meaning of death is a question that has been asked by philosophers and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: that death is the end of existence, that death is a transition to another state of being, and that death is a mystery that we may never fully understand.

What is the nature of God?

The nature of God is a question that has been debated by philosophers and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: that God is a personal being who created the universe, that God is an impersonal force or energy, and that God is a mystery that we may never fully understand.

What is the purpose of suffering?

The purpose of suffering is a question that has been pondered by philosophers and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: that suffering is a punishment from God, that suffering is a test of our faith, and that suffering is an opportunity to grow and learn.

What is the meaning of love?

The meaning of love is a question that has been asked by poets, philosophers, and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: that love is a feeling of intense affection, that love is a commitment to another person, and that love is a force that connects us all.

What is the purpose of art?

The purpose of art is a question that has been debated by philosophers and artists for centuries. There is no one answer that everyone agrees on, but some possible answers include: that art is to entertain, that art is to educate, and that art is to express emotions and ideas.

What is the meaning of beauty?

The meaning of beauty is a question that has been pondered by philosophers, artists, and poets for centuries. There is no one answer that everyone agrees on, but some possible answers include: that beauty is in the eye of the beholder, that beauty is a universal standard, and that beauty is a combination of both objective and subjective elements.

What is the purpose of life?

The purpose of life is a question that has been asked by philosophers and theologians for centuries. There is no one answer that everyone agrees on, but some possible answers include: to find happiness, to make a difference in the world, to learn and grow, and to connect with others.

Sure, here are some MCQs on the following topics:

The President of India can be removed from office by:
(a) impeachment by Parliament
(b) a vote of no-confidence in the Lok Sabha
(c) a resolution passed by the Rajya Sabha
(d) a petition filed by the Supreme Court
The Prime Minister of India is appointed by:
(a) the President of India
(b) the Lok Sabha
(c) the Rajya Sabha
(d) the Supreme Court
The Supreme Court of India is the highest court in the country. It has:
(a) original jurisdiction in a limited number of cases
(b) Appellate Jurisdiction in all cases
(c) advisory jurisdiction on matters referred to it by the President of India
(d) all of the above
The Parliament of India consists of:
(a) the President of India and the Lok Sabha
(b) the President of India and the Rajya Sabha
(c) the Lok Sabha and the Rajya Sabha
(d) the Lok Sabha, the Rajya Sabha, and the President of India
The Finance Commission is appointed by the President of India to:
(a) advise the government on financial matters
(b) review the financial position of the states
(c) recommend the distribution of taxes between the Centre and the states
(d) all of the above
The Election Commission of India is responsible for:
(a) conducting Elections to the Lok Sabha and the Rajya Sabha
(b) conducting elections to the state legislatures
(c) conducting elections to the local bodies
(d) all of the above
The Comptroller and Auditor General of India is appointed by:
(a) the President of India
(b) the Parliament of India
(c) the Supreme Court of India
(d) The Election Commission of India
The National Human Rights Commission is a statutory body established by the Parliament of India to:
(a) protect and promote human rights
(b) investigate complaints of human rights violations
(c) recommend measures for the effective implementation of human rights
(d) all of the above
The National Commission for Women is a statutory body established by the Parliament of India to:
(a) protect and promote the rights of women
(b) investigate complaints of discrimination against women
(c) recommend measures for the effective implementation of the rights of women
(d) all of the above
The National Commission for Minorities is a statutory body established by the Parliament of India to:
(a) protect and promote the rights of minorities
(b) investigate complaints of discrimination against minorities
(c) recommend measures for the effective implementation of the rights of minorities
(d) all of the above

I hope these MCQs are helpful!