Fundamental Rights And Duties
Table of Contents
Fundamental Rights And Duties
Basic Rights and Duties :-
Every human being has some inherent powers which develop his personality.
According to Prof. Laski,
“Rights are those basic conditions without which no citizen can fully develop himself.
In fact, another name for natural rights is fundamental rights. “
Fundamental rights are those rights which are enshrined in the Constitution of the country and
which cannot be encroached upon by the executive and legislature.
The legislature cannot make changes in it like ordinary rights.
Right from the Gram Panchayat to the Central Government are bound to follow these,
they have been given a place in the Constitution of the country.
Through these, the basic unity of India is expressed.
All the citizens of India, irrespective of the religion or sect they follow,
have been given equal rights.
Characteristics of Fundamental
1. Fundamental Rights are equally enjoyed by all the citizens of the country
2. The federal state and local government is bound to recognize and implement these rights.
3. Their guardian is the judiciary.
4. The autocracy of the government has been banned by these rights.
5. Some rights are available to all people living in India,
whether they are citizens of India or not, such as the right to life and personal liberty.
On the other hand, there are rights which only Indian citizens have,
such as the right to vote.
6. These can be banned in the interest of national security and society.
7. These have been made to suit the conditions of India.
Fundamental rights are the supreme fundamental law of the country
Has been ranked in.
Kinds of Fundamental Rights
In India, fundamental rights are divided into seven parts
but now their number is 6.
The fundamental right to property has been abolished by the 44th amendment of the Constitution,
now the following fundamental rights remain:
1. Right to equality,
2. Right to freedom,
3. Right to freedom of religion,
4. Culture and Right to education,
5. Right against exploitation,
6. Right to constitutional remedies.
1. Right to Equality:-
Through Articles 14 to 18 of the Constitution,
the Constitution provides the right to equality to every citizen.
Various types of equality rights have been given to the citizens by the Constitution.
1. Right to equality –
The Constitution provides the right to equality to every citizen through Articles 14 to 18 of the Constitution.
Various types of equality rights have been given to the citizens by the Constitution.
2. Establishment of social equality –
Discrimination on the basis of religion, caste and gender in the Indian Union in Article 15.
The State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth.
No citizen will be deprived of the use of public eateries, means of entertainment, public ponds, ponds and ghats and roads built from state funds or individual funds.
The state can make special arrangements for women and children and for socially backward castes.
Equality of opportunity in government jobs –
Article 16 of the Constitution states that equal opportunities will be given for government jobs under the state without any discrimination on the basis of caste, religion, sex, place of birth etc.
There are three exceptions to this article:-
1. Residence condition may be imposed for some special posts.
2. There will be a system of reservation for the backward castes of the state.
3. This will not affect any law which provides that the concerned officials of any religious institution will belong to the same religion.
End of Untouchability:-
Article 17 states that no person shall be untouchable or untouchable if
If any person treats someone as untouchable, he will be punished from Rs 100 to Rs 1000.
The punishment is fine up to Rs. and rigorous imprisonment for one year.
End of titles : –
According to Article 18, no other title can be obtained except special merit, education and military titles.
Degrees awarded by any Commonwealth country and the Government of India can be accepted.
2. Right to Freedom:-
The following freedoms have been mentioned from 19 to 22 in Savdhaan for the development of the personality of the citizens by the Indian Constitution –
1. Freedom of expression:-
In Article 19 (1) A of the Indian Constitution,
every citizen has been given the freedom to express his views through speech, writing, printing and other means.
Newspapers have also been given the freedom to publish the proceedings of Parliament and Legislative Assemblies as per the 44th Amendment.
2. Freedom of peaceful assembly without arms: –
Article 19(1)B of the Indian Constitution provides for the freedom to assemble,
hold meetings and take out processions to achieve various goals by peaceful means without arms.
Citizens can also express their views in this.
3. Freedom to form associations and communities:-
In Article 19(1) c of the Indian Constitution,
citizens have been given the freedom to form associations and communities as per their need.
4. Freedom of residence:-
Under Article 19(1) of the Indian Constitution,
Indian citizens have the freedom to live or settle permanently in any region of India (except Jammu and Kashmir).
5. Freedom of business: –
Under Article 19(1) g, citizens will have the freedom to do business or choose their livelihood as per their wish.
6. Freedom of travel: –
According to Article 19 (1) d, all citizens will not need to obtain a permit to move from one place to another in the Indian territory,
they can travel throughout the country.
3. Right to freedom of religion: –
Under Article 26 of the Constitution, every person has complete freedom to practice his religion.
India is a secular state.
That is, there is no state religion of India,
all citizens and foreigners have the freedom to believe in any religion,
do religious work and propagate religion,
religion is a personal matter of the individual.
But in special circumstances, within the limits of public order, morality and universal health, the state.
Under normal circumstances, the state will not interfere in religious matters.
Religious education will not be provided in state-run educational institutions.
Educational institutions recognized or subsidized by the state will not allow a person to receive education in a particular religion. Cannot be forced.
4. Right against exploitation: –
According to Article 23 of the Constitution,
in order to provide justice to all the people of the country in the social, economic,
political and religious fields and to provide them with the right against exploitation,
rights have been provided in the Constitution.
Various rights come under rights.
1. Ban on buying and selling of humans.
2. Ban on forced labor and forced labour.
3 Ban on child labour.
4. Freedom of women from exploitation.
5. Ban on human buying and selling.
5. Rights related to culture and education: –
This right is mentioned in Articles 29, 30.
India is a country of different religions and cultures,
hence provision has been made in the Constitution to protect the language, script and culture of minorities.
Every minority has been given the right to protect its language, script and culture and protect it from damage.
No person shall be prevented from getting admission in any educational institution run
by the State or aided by the State on the basis of religion, caste or language
and no person shall be discriminated against in this regard.
All minority groups,
whether based on religion or language,
have the right to establish and manage educational institutions of their choice.
While giving grants to educational institutions,
the state will not discriminate on the basis that an institution belongs to a particular religion, language or minority group.
6. Right to Constitutional Remedies :-
This right has been provided in the Indian Constitution as a guarantee and protection of fundamental rights,
it is called the soul of the Constitution.
According to Article 32,
the Supreme Court can issue various articles to protect fundamental rights and according to Article 226,
the Supreme Court has been entrusted with the responsibility of protecting these rights.
This is a special right.
Through this right,
with the help of the courts, citizens can get justice and remedies for the actions taken
by the government against the fundamental rights of the citizens and can protect their rights.
An illegally detained person can demand his release if the courts.
If he is convinced that the arrest is unjustified,
he can issue special orders, called writs. These articles can be issued as follows:-
A. Bandi Pratyapshi Karan:-
It means to present the body in front. Under this order,
the court has the right to order the production of any person held captive before it.
B. Mandamus :-
It means we give orders.
Mandamus is such an order of the court by which the court can ask any public body to perform its specified functions.
C. Prohibition:-
This article is issued by the High Court to its subordinate courts.
Prohibition means that if a subordinate court acts beyond its jurisdiction,
it can be stopped by an order.
D. Quo warranto:-
This article is issued when a person does something which he does not have the right to do from a legal point of view,
quo warranto means with which authority.
E. Utterance:-
Utterance means inform completely.
Through this article the court can order records from its subordinate court.
Suspension of Fundamental Rights
In special circumstances, fundamental rights can be suspended for some time.
All types of freedoms can be suspended.
1. Giving up life and liberty.
2. The President can suspend the right to constitutional remedies.
3. Religious freedom is also restricted due to security, morality, health and social welfare.
Due to the above adjournment it is said that the Indian Constitution gives rights with one hand and takes away them with the other.
Compulsory actions can be taken to serve the nation against exploitation in the public interest.
( Fundamental Rights And Duties )
Importance of Fundamental Rights
Apart from being the soul of the Constitution,
fundamental rights are also the basis of success of the individual and democracy,
their importance can be shown in the following heading.
1. Basis of success of democracy:-
Democratic governance system has been adopted in India.
Freedom and equality are the two basic principles of democracy,
both of them have been given a place in the fundamental rights.
In democracy, the people hand over the right to rule to their rulers through elections.
They can also be removed through elections,
hence everyone has equal right to stand in elections, campaign and vote, only then
Democratic traditions will be able to develop.
2. Curbing the arbitrariness of the government:-
It is necessary in public interest that some such rights and
Rules should be mentioned in the Constitution which should not be encroached upon by the government and
the executive and legislature should keep them in mind while formulating policies for citizen development.
These rights have been created to prevent the government from becoming autocratic.
( Fundamental Rights And Duties)
3. Welfare of minorities and common people in the society:-
More emphasis has been laid on protecting the interests of minorities and untouchables.
With the aim of establishing human importance in the society,
the goal of all-round development of the backward castes of India was set,
along with this, efforts are also made to ensure that all the common people can develop themselves properly.
4. Restrictions on fundamental rights in public interest:-
An important feature of fundamental rights is that their unlimited use can be restricted.
Restrictions can be imposed on all fundamental rights in public interest.
While on one hand fundamental rights have been protected by the judiciary,
on the other hand their improper use has been banned.
Despite the above restrictions, fundamental rights are an important part of the Constitution
and reflect the broad vision of our Constitution makers.
Fundamental Duties:-
There is mutual dependence between rights and duties.
Therefore
One is incomplete without the other.
There are two types of duties.
First:-
Duty towards society and country,
Second:-
Duty towards other people.
A person who does not respect the rights of other citizens will not be able to use his rights
because other citizens will not respect his rights.
Fulfillment of duties is in the interest of the entire society and country.
Objectives and importance of duties:-
Fundamental duties were included in the Indian Constitution by constitutional amendment in 1976.
It is often seen that clever and cunning people,
after getting legal protection under the guise of fundamental rights,
were misusing their rights and creating obstacles in carrying out public welfare work.
Sometimes the government was facing many difficulties in maintaining civil life and security.
There were many obstacles in establishing the integrity of the country and the high ideals of national life.
Therefore, to make the use of fundamental rights easy and simple,
fundamental duties have been included in the Constitution.
( Fundamental Rights And Duties )
The fundamental duties of citizens are as follows:-
1. It will be the duty of every citizen of India to respect and follow the Constitution and respect the ideal institutions,
national flag and national anthem.
2. To cherish and follow the high ideals that inspired our national movement for freedom.
3. Protect the sovereignty and integrity of India.
4. Protect the country and be ready to defend it when called upon.
5. For the sake of India, develop the feeling of harmony and equal brotherhood among all the people
which is beyond all discrimination based on religion, language, region and class
and abandon such practices which are inimical to the dignity of women.
6. Understand and preserve the glorious tradition of our integrated culture.
7. Protect and promote the natural environment including forests, lakes, rivers and wildlife
and be compassionate towards living beings.
8. Develop scientific attitude, humanism, learning and feelings of improvement.
9. Protect public property and stay away from violence.
10. Make continuous efforts to move towards excellence in all areas of personal and collective activities,
so that we can continuously reach new achievements and heights.
( Fundamental Rights And Duties )
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( Fundamental Rights And Duties )
