POLITY PART - 1 ( FUNDAMENTAL RIGHTS & DUTIES

All about Fundamental Rights & Duties under Indian Constitution

Fundamental Rights are most important characteristics of the Constitution. Fundamental Rights are considered to be essential for the proper moral and material uplift of people. These rights are fundamental in the sense that any law passed by the legislature in the country would be declared as null and void if it is derogatory to the rights guaranteed by the constitution. If any of these rights is violated, the individual affected is entitled to move the Supreme Court or High Court for the protection and enforcement of his rights. The rights are not absolute and can be curtailed during an emergency.

Fundamental Rights

(i)  Right to Equality: It is given in Articles 14 to 18 in the Constitution. The right to equality is extremely important in a society like ours, ridden by social and economic inequalities of all kinds. This right ensures that the State cannot discriminate against any citizen for reasons of caste, sex, birth, race, etc. It seems to ensure to citizens equality before law, and equality of opportunity. The right to equality is not absolute, and special provisions can be made in respect of women, children, socially and educationally backward classes and scheduled and also abolishes the system of conferring titles.

(ii) Right to Freedom: It is given in Articles 19 to 22. Several rights are clustered under right to freedom. They are: (a) freedom of speech and expression; (b) freedom to assemble peacefully and without arms: (c) freedom to form associations or unions; (d) freedom of movement throughout India; (e) freedom to reside and settle in any part of India; (f) freedom to acquire, hold and dispose of property; and (g) freedom to practice any profession.

(iii) Right against Exploitation: It is given in Articles 23 and 24. The right prohibits traffic in human beings, beggar and other similar forms of forced labour. “No child below the age of 14 years”, says Article 24. “Shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

(iv) Right to Freedom of Religion: Articles 25 to 28 deal with this right. Except when it is not in the interest of public order, morality, health, etc. every person is entitled to the freedom of conscience, and the right to profess, practice and propagate any religion freely. Articles 25 to 28 emphasis the secular character of the State

(v) Cultural and Educational Rights: These rights (Articles 29 to 30) enable all citizens to conserve their own language and culture, and emphasis that no citizen shall be denied admission to educational instructions maintained by State or receiving aid from State. This right guarantees to the minorities that the State shall not impose on them any culture other than their own; that such a community shall have the right to establish and administer educational institutions of its choice; and that the State shall not in granting aid to educational institutions discriminate against an educational institution maintained by a minority community.

(vi) Right to Property: This right given in Articles 31 has been repealed by the Constitution (Forty-Fourth Amendment) Act, 1978.  Now right to property is no longer a fundamental right; it is only a legal. Earlier every citizen of India had the right to acquire, hold and dispose of his property. No Person could be deprived of his property except in the interest of general public and necessary compensation was to be paid to him.

(vii) Right to Constitutional Remedies: Article 32 lays down constitutional remedies for the protection of Fundamental Rights. When a citizen feels that any of his fundamental rights has been encroached upon, he can move the Supreme Court, which has been empowered under Article 32 (1) to issue directions, or orders, or propose remedies like writs of Habeas Corpus, Mandamus, Prohibition, Centiorari and Quo Warranto.

Fundamental Duties

The fundamental rights of the Indian citizen occur in PART III of the constitution of India. By the 42nd amendment to the constitution, passed in November 1986, certain fundamental duties have been added. There are:

• To abide by the constitution and respect its ideals and institutions, the national flag and the national anthem;
• To cherish the follow  the noble ideas which inspired our national struggle for freedom;
• To uphold and  protect  the sovereignty , unity 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, river, and wild life and to have compassion for living creatures;
• To develop  the 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.

These rights are essential for personal goods and the society at large. In Indian Constitution, the fundamental rights act as a assurance that all Indian citizen can and will live their life in peace as long as they live in Indian democracy.