Fundamental Rights (FR) & Fundamental Duties (FD) | (Indian Polity)

 

Fundamental Rights (FR) & Fundamental Duties (FD)

Fundamental rights are called "fundamental" because the constitution of India guarantees us that if any law is passed by the legislature in the country and it will be declared as null and void if it violates the rights provided by the constitution. If any of these rights are violated, the individual, who is affected, is allowed to move the Supreme Court or High Court for the protection and enforcement of his rights. However, fundamental rights are not undeniable and can be reduced during an emergency by the President of India.

Part–3 Fundamental Rights (Article-12-35)

• Fundamental Rights are described as the "Magna Carta" of India.
• The concept is taken from the United States' bill of rights. The earliest known evidence of rights were also present in ancient India History, Iranian history, etc.
• The Fundamental Rights are named so because we can directly move to the Supreme court or high court if our rights are violated because they are guaranteed and protected by the Constitution of India. They are ‘fundamental’ also in the sense that they are the most essential rights for the all-round development (intellectual, material, moral, and spiritual) of all the individuals.
• There were seven fundamental rights, in the original constitution but after the 44^th constitutional amendment act, 1978, the right to property was revoked and now only 6 fundamental rights are remaining.
• Article 12 and 13 are related to the fundamental rights-
  A. article 12- Definition of the State
  B. article 13- Laws inconsistent with part-iii or Fundamental Rights
• Following are the separation of the Fundamental Rights
  C. Right to equality (Articles:14–18)
    (a) All citizens of the country are equal before the law and have equal protection of laws (Article 14).
    (b) Prohibition of discrimination on the basis of religion, race, caste, sex, or place of birth (Article 15).
    (c) Every citizen of the country will get equal opportunities in public employment (Article 16).
    (d) Abolition of untouchability and prohibition of its activity (Article 17).
    (e) Abolition of titles except military and academic achievements(Article 18).
  D. Right to freedom (Articles 19–22)
    (a) article 19 provides the protection of 6 rights regarding the freedom of (Article 19):
  i. Speech and Expression
  ii. Residence
  iii.Movement 
  iv. Association,
  v. Assembly, and
  vi. Profession
  (b) provides the protection in respect of punishment for offenses. (Article 20).
  (c) Provides the protection of life and personal liberty (Article 21).
  (d) Gives the right to fundamental education (Article 21A).
  (e) Provides protection against arrest and detention in certain cases (Article 22).
• Right against exploitation (Articles 23–24)
  (a) Prohibition of business in human beings and forced labor (Article 23).
  (b) Prohibition of hiring of children in factories, etc. (Article 24).
• Right to freedom of religion (Article 25–28)
  (a) Freedom of conscience and free teaching, exercise, and propagation of religion (Article 25).
  (b) Freedom to conduct religious occasions (Article 26).
  (c) Freedom from paying charges (taxes) for the promotion of any religion (Article 27).
  (d)Freedom from auditing religious instruction or devotion in certain educational institutions (Article 28).
• Cultural and educational rights (Articles 29–30)
  (a) Protection of the language, scripts and the culture of minorities (Article 29).
  (b) Right of minorities to build and manage educational institutions (Article 30).
• Right to constitutional remedies (Article 32)- it is called "Heart and Soul of the Constitution".
  Right to move the Apex Court for the enforcement of fundamental rights including the 5 types of writs as
  (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warranto (Article 32).
• Article 33 mentions the power of Parliament to modify the fundamental rights.
• Article 34 describes the Martial Law
• Article 35 tells us about the legislation required to deal with fundamental rights
• Fundamental Rights which are only available to citizens are - article 15, 16, 19, 29, and 30.
• Fundamental Rights mentioned in article – 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to both citizens and non-citizens. 

Pat-4 Fundamental Duties (Article-51A)

• They are a total of 11 guidelines given to the citizens.
• The original constitution did not contain the FDs.
• The idea of Fundamental duties has been taken from the former Soviet Constitution and now even Russia does not have them. Currently, Japan is one such major country which has an exclusive separate chapter on fundamental duties.
• The citizens were added in 1976 in the Constitution. In 2002, one more Fundamental Duty was added.
• Fundamental duties were added by the Indira Gandhi government on the recommendations of the Swaran Singh Committee which was constituted in 1975. the committee recommended only 8 fundamental duties than with pecuniary punishments as well. However, the government did not welcome the punishments part of the recommendations.
• A new part – 4A, and A NEW ARTICLE 51A were added by virtue of the  42^nd constitutional amendment act, 1976. Ten fundamental duties were added to 51A. Presently there are total eleven duties.
• The 11^th Fundamental Duty was added to the constitution by 86^th amendment act, 2002.
• Following is the list of FDs:
  (a) To follow the Constitution of India and respect its ideals and institutions, and to respect the National Flag and the National Anthem;
  (b) To keep in mind and follow the noble ideals that inspired the national struggle for freedom;
  (c) To uphold and protect the sovereignty, unity and integrity of the country;
  (d) To defend the country and provide national service when it's needed or called upon to do so;
  (e) To promote the solidarity and the perception of common fraternity among all the people of India, among all the  linguistic, religious, and regional or local diversities and to abandon practices that are unfavorable to the dignity of women;
  (f)   To appreciate and protect the rich heritage of the country’s composite culture;
  (g) To preserve and magnify the natural environment including woods, rivers, lakes and wildlife and to have sympathy for living beings;
  (h) To develop the logical temper, humanism and the sense of analysis and reform;
  (i)   To safeguard the public property and to renounce violence;
  (j)   To take steps towards excellence in all sectors of individual and collective activity so that the nation can constantly rise to higher levels of achievements; and
  (k) To provide opportunities to his children for education or ward between the age of six to fourteen years. This duty was added in AD 2002 by the 86th Constitutional Amendment Act.