<–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:
(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.
Fundamental Duties” width=”1377″ height=”1449″ />
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.,
Fundamental Rights and Duties in India
The Constitution of India guarantees certain fundamental rights to all citizens of India. These rights are essential for the protection of individual liberty and for the promotion of a just and egalitarian society. The fundamental rights are enshrined in Part III of the Constitution and can be enforced by the courts.
The fundamental rights are as follows:
- Right to Equality: This right includes the right to equality before the law, the right to equal protection of the laws, the prohibition of discrimination on grounds of religion, race, caste, sex, place of birth or any of them, and the right to equality of opportunity in matters of public employment.
- Right to Freedom: This right includes 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.
- Right against Exploitation: This right includes the Prohibition of Traffic in Human Beings and Forced Labour, the prohibition of child labour, and the right to be free from forced labour.
- Right to Freedom of Religion: This right includes the right to freedom of conscience and the right to freely profess, practice and propagate religion.
- Cultural and Educational Rights: This right includes the right to conserve one’s language, script and culture, the right to establish and maintain educational institutions, and the right to receive Education in the mother tongue at the primary stage.
- Right to Constitutional Remedies: This right includes the right to move the Supreme Court or a High Court for the enforcement of any of the fundamental rights.
In addition to the fundamental rights, the Constitution also imposes certain fundamental duties on all citizens of India. These duties are enshrined in Part IV of the Constitution and are intended to promote a spirit of patriotism and national unity, to uphold the dignity of the individual and to protect the unity and integrity of the nation.
The fundamental duties 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; and 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
- To provide opportunities for education and to promote justice on a basis of equal opportunity
The fundamental rights and duties are an important part of the Indian Constitution. They are essential for the protection of individual liberty and for the promotion of a just and egalitarian society. The fundamental rights and duties are also a source of inspiration for the people of India and they help to promote a sense of national unity and pride.
What is the difference between a right and a duty?
A right is something that is owed to a person, while a duty is something that a person is obligated to do. Rights are often based on moral or legal principles, while duties are often based on social or religious norms.
What are the fundamental rights of a citizen?
The fundamental rights of a citizen are those rights that are essential for a person to live a free and dignified life. These rights are often enshrined in a country’s constitution or other laws. In India, the fundamental rights are guaranteed by the Constitution of India.
What are the fundamental duties of a citizen?
The fundamental duties of a citizen are those obligations that a person owes to the state and to society. These duties are often based on the principle of social justice. In India, the fundamental duties are guaranteed by the Constitution of India.
What are the different types of rights?
There are many different types of rights, but some of the most common include:
- Civil rights: These are rights that protect individuals from discrimination and other forms of injustice.
- Political rights: These are rights that allow individuals to participate in the political process, such as the right to vote and the right to hold office.
- Economic rights: These are rights that guarantee individuals access to basic necessities, such as food, water, and shelter.
- Social rights: These are rights that promote social equality and justice, such as the right to education and the right to work.
- Cultural rights: These are rights that protect the cultural identity of individuals and groups, such as the right to practice one’s religion and the right to speak one’s language.
What are the different types of duties?
There are many different types of duties, but some of the most common include:
- Legal duties: These are duties that are imposed by law, such as the duty to pay taxes and the duty to obey the law.
- Moral duties: These are duties that are based on moral principles, such as the duty to help others and the duty to tell the truth.
- Religious duties: These are duties that are based on religious beliefs, such as the duty to pray and the duty to fast.
- Social duties: These are duties that are based on social norms, such as the duty to be polite and the duty to help those in need.
What are the benefits of having rights?
There are many benefits to having rights. Some of the most important benefits include:
- Freedom: Rights protect individuals from being deprived of their freedom.
- Equality: Rights promote equality and justice.
- Dignity: Rights protect the dignity of individuals.
- Security: Rights protect individuals from harm.
- Prosperity: Rights promote economic prosperity.
What are the benefits of having duties?
There are many benefits to having duties. Some of the most important benefits include:
- Order: Duties help to maintain order in society.
- Cooperation: Duties promote cooperation among individuals.
- Progress: Duties help to promote progress in society.
- Responsibility: Duties help to promote responsibility among individuals.
- Self-discipline: Duties help to promote self-discipline among individuals.
What are the challenges of having rights?
There are some challenges associated with having rights. Some of the most common challenges include:
- Conflict: Rights can sometimes conflict with each other.
- Abuse: Rights can sometimes be abused.
- Inequality: Rights can sometimes be unequally distributed.
- Unenforceability: Rights can sometimes be unenforceable.
- Ambiguity: Rights can sometimes be ambiguous.
What are the challenges of having duties?
There are some challenges associated with having duties. Some of the most common challenges include:
- Conflict: Duties can sometimes conflict with each other.
- Overburdening: Duties can sometimes be too burdensome.
- Non-compliance: Duties can sometimes be non-compliant.
- Unenforceability: Duties can sometimes be unenforceable.
- Ambiguity: Duties can sometimes be ambiguous.
Sure. Here are some MCQs on different topics:
-
What is the capital of India?
(A) New Delhi
(B) Mumbai
(C) Chennai
(D) Kolkata -
Who is the current Prime Minister of India?
(A) Narendra Modi
(B) Rahul Gandhi
(C) Sonia Gandhi
(D) Manmohan Singh -
What is the national bird of India?
(A) Peacock
(B) Tiger
(C) Elephant
(D) Lion -
What is the national flower of India?
(A) Lotus
(B) Rose
(C) Jasmine
(D) Sunflower -
What is the national language of India?
(A) Hindi
(B) English
(C) Sanskrit
(D) Tamil -
What is the Population of India?
(A) 1.3 billion
(B) 1.2 billion
(C) 1.1 billion
(D) 1 billion -
What is the area of India?
(A) 3.287 million km2
(B) 3.287 million sq mi
(C) 3.287 million sq km
(D) 3.287 million sq ft -
What is the GDP of India?
(A) $2.9 trillion
(B) $2.8 trillion
(C) $2.7 trillion
(D) $2.6 trillion -
What is the Literacy rate in India?
(A) 74%
(B) 73%
(C) 72%
(D) 71% -
What is the life expectancy in India?
(A) 68 years
(B) 67 years
(C) 66 years
(D) 65 years
I hope these MCQs were helpful!