Fundamental Rights & Duties of the Indian Constitution- Revision Notes

Fundamental rights are a group of basic rights that protect an individual's life and actions. This article covers both fundamental obligations and rights.
India is a diverse nation that is well-known for it. This huge country's identity is shaped by various religions, civilizations, and languages. India has hosted several significant political movements in addition to its diversity. The struggle against British control was one of these movements. Our nation's leaders worked arduously to create a constitution that would uphold the rights of all citizens after obtaining independence in 1947. The Indian Constitution is a legal document that describes the fundamental rights and obligations of Indian citizens.

 
Fundamental Rights & Duties of the Constitution

What are the fundamental rights?

The Indian Constitution ensures every person in India with some essential rights. Part III of the Constitution declares certain rights ( Articles 12-35). Although subject to logical limitations, fundamental rights are not indestructible. The Constitution gives every Indian citizen the following six fundamental rights. The Constitution of India provides the below given Fundamental Rights:

  • Right to equality (Articles 14-18)
  • Right to freedom (Articles 19-22)
  • Right against exploitation (Articles 23-24)
  • Right to freedom of religion (Articles 25-28)
  • Cultural and educational rights (Articles 29-30)
  • Right to constitutional remedies (Article 32)

Features of the Fundamental Rights

  • Protected by Constitution: Unlike regular legal rights, fundamental rights are safeguarded and guaranteed by the nation's Constitution.
  • Some rights are only available to citizens, while others are open to everyone, including foreigners, citizens, and legal entities like businesses and companies.
  • They are not absolute, permanent, or sacrosanct, and the Parliament may limit or repeal them only by a constitutional amendment act.
  • Fundamental Rights have limitations.
  • The state may place reasonable restrictions on them, but the courts will determine whether or not those restrictions are acceptable.
  • Legally Justifiable Rights: The rights are enforceable through the courts if and when they are violated since they are justiciable.
  • Anyone who feels that their Fundamental Rights are infringed can directly approach Supreme Court.
  • Rights Suspension: All rights, excluding those protected by Articles 20 and 21, may be suspended while a National Emergency is in effect.
  • Additionally, the six rights protected by Article 19 can only be suspended in the event of an external emergency (such as a war or exterior aggression) and not based on an armed uprising, which would constitute an internal emergency.
  • Limitation of Laws: The Parliament can limit or repeal laws' application to members of the armed forces, paramilitary forces, police, intelligence services, and similar organizations (Article 33).
  • While martial law (military rule established under unusual circumstances) is in effect in any location, its application may be limited.

Fundamental Rights

  • Right to Equality (Article 14-18): The right to equality includes equality before law, prohibition of discrimination based on caste, race, place of birth, sex, religion, and equal employment opportunity.
  • Right to Freedom (Article 19-22): These rights include the freedoms to speak freely and express your words, the right to form an assembly, groups of association or union or cooperatives, movement, residence, and profession.
  • Right against Exploitation (Article 23-24): This right includes protection from the trafficking of human beings and forced labour.
  • Right to Freedom of Religion (Article 25-28): This right includes freedom to choose, follow and promote the religion of your choice.
  • Cultural and Educational Rights (Article 29-30): These rights include the protection of minorities' interests and the right to conserve their language, script, or culture.
  • Right to Property (Article 31): This right has been abolished and made a legal right under Article 300A. (44th Amendment Act of 1978)
  • Right to Constitutional Remedies (Article 32): This is the most important right as it gives the power to approach the Supreme Court for enforcement of Fundamental Rights.

Fundamental rights are not absolute but are subject to reasonable restrictions.

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What are the fundamental duties?

Part IV A of the Indian Constitution addresses the fundamental responsibilities of people. The 42nd Amendment of 1976 introduced these Fundamental Duties in Constitution. The amendment was made to foster in the populace a sense of patriotism and pride in their country. The Constitution lists ten fundamental obligations. Although these essential obligations are not legally binding, the Constitution instils a sense of responsibility in every citizen. Below is the list of fundamental duties:

  1. Preserve the rich cultural history of our diverse society;
  2. To defend our nation and render national service when the government requests.
  3. Foster peace and a shared sense of brotherhood among all Indians, regardless of their differences in religion, region, linguistics, or any other category.
  4. Respect and protect the biodiversity of India.
  5. To protect mother earth and the rivers, wildlife, forests and lakes.
  6. Promote harmony and the spirit of common brotherhood amongst all the people of India.
  7. Develop scientific temper, humanism and the spirit of inquiry and reform.
  8. Safeguard public property and abjure violence.
  9. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
  10. Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act 2002.

Apart from the above-mentioned fundamental duties, there are other duties as well that should be followed by Indian citizens.

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What is the difference between fundamental rights and fundamental duties?

  • The primary distinction between fundamental rights and obligations is that the latter is obligatory for all people, whereas the former is not.
  • Every citizen's fundamental civil and political rights are outlined in Part III of the Constitution as "the Fundamental Rights." The Fundamental Duties, as described in Part IV A of the Constitution, are moral requirements that are not legally binding.
  • The courts have the authority to enforce fundamental rights, not fundamental duties. While Fundamental Rights have been part of the Constitution since its beginning, Fundamental Duties were recently added.
  • Unlike the fundamental rights, which are unalienable and cannot be constrained, the fundamental duties are unalienable and cannot be taken away by law.

Fundamental Rights Available only to Citizensas well as Foreigners Except Enemy Aliens

  • Equality before the law.
  • Protection in respect of conviction for offences.
  • Protection of personal life and liberty.
  • Protection of the six fundamental rights of freedom is mentioned in article 19.
  • Right to elementary education.
  • Protection against arrest and detention in certain cases.
  • Prohibition of human trafficking and forced labour.
  • Prohibition of employment of children in factories.
  • Freedom of conscience and free profession, practice and propagation of religion.
  • Freedom to manage religious affairs.
  • Freedom from payment of taxes for promotion of any religion.
  • Freedom from attending religious instruction or worship in certain educational institutions.

Fundamental Rights Available Only to Citizens of India

  • Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Equality of opportunity in matters of public employment.
  • Protection of the six fundamental rights of freedom mentioned in article 19.
  • Protection of language, script and culture of minorities.
  • Right of minorities to establish and administer educational institutions.

Conclusion

Every Indian citizen has a set of rights known as Fundamental Rights. These rights are guaranteed by the Indian Constitution and guard against abuse on the part of the state and by private parties and organizations. In this article, we've highlighted the seven basic rights to which every Indian is entitled, explained fundamental obligations, and distinguished between fundamental rights and duties.

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